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Ord 2004-074
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Ord 2004-074
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Last modified
9/18/2007 4:18:48 PM
Creation date
8/27/2007 9:05:20 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2004-74
Date
11/8/2004
Volume Book
158
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<br />I <br /> <br />I <br /> <br />I <br /> <br />(b) A ba lance sheet as of the end of such fisca I year. <br /> <br />(c) The Accountant's comments regardIng the manner in which the City has carried out the <br />reqUIrements of thiS ordinance and his recommendations for any changes or improvements in the operation, <br />records and accounts of the System. <br /> <br />(d) A list of the insurance policies in force at the end of the fiscal year on the System properties, <br />setting out as to each policy the amount thereof, the risk covered, the name of the insurer, and the policy's <br />expiration date. <br /> <br />(e) A list of the securities wh ich have been on deposit as security for the money in the Interest <br />and S inking Fund throughout the fiscal year, a list of the securities, if any, in wh ich the Reserve Fund has <br />been invested, and a statement of the manner in which money 111 the System Fund has been secured in such <br />fiscal year <br /> <br />(f) The number of properties connected with the System. <br /> <br />Expenses incurred in making the audits above referred to are to be regarded as maintenance and <br />operating expenses of the System and paid as such. <br /> <br />Section 10.04. Special Covenants. <br /> <br />The City hereby further covenants as follows: <br /> <br />(a) The City has the lawful power to pledge the net revenues supporting this issue of Bonds and <br />has lawfully exercised said power under the Constitution and laws of the State of Texas, including said <br />power existing under Tex. Gov't Code Ann. ch. 1502; that the Bonds and the Additional Parity Obligations, <br />when issued, shall be ratably secured under said pledge in such manner that one issue of Parity Revenue <br />Obligations shall have no preference over any other issue. <br /> <br />(b) Other than for pledge made for the payment and security of the Parity Revenue Obligations <br />to be outstanding following Issuance of the Bonds and certain obligations of the City secured by and payable <br />from a lien on and pledge of the Net Revenues inferior to those securing payment of the Bonds, the Net <br />Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of <br />the City or of the System. <br /> <br />(c) So long as any of the Bonds or any interest thereoll remai 11 outstanding, the City wi I I not sell <br />or encumber the System or any substantial part thereof, provided that this shall not be construed to prohibit <br />the sale of such machll1ery or other prope11ies or equ ipment wh ich has become obsolete or otherwise unsuited <br />to the efficient operation of the System; also, with the exception of the Additional Parity OblIgations <br />expressly permitted by this Ordinance to be Issued, it will not encumber the net revenues of the System <br />unless such encumbrance is made junior and subord inate to all of the provisions of th is Ordinance. <br /> <br />(d) No free service of the System shall be allowed, and should the City or any of its agencies <br />or instrumental ities make use of the serv ices and faci I ities of the System, payment of the reasonable value <br />thereof shall be made by the City out of moneys from sources other than the revenues and income of the <br />System <br /> <br />(e) To the extent that it legally may, the CIty further covenants and agrees that, as long as any <br />Panty Revenue Obligations, or any interest thereon, are outstanding, no franchise shall be granted for the <br />lI1stallation or operation of any competing waterworks or sewer system; and that the City will prohibit the <br /> <br />I( Sail MalcosWWSSRI04A\DocSIOI"Jillallcc,WW Ol"d Filial \\'pd 29 <br />
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