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Ord 1983-078
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Ord 1983-078
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Last modified
9/10/2007 4:12:54 PM
Creation date
9/10/2007 4:12:54 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1983-78
Date
12/19/1983
Volume Book
63
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<br /> preceding fiscal year. Said annual audit report will reflect in <br /> reasonable detail the financial condition and record of operation of <br /> the City and the System, including, but not limited to, the following <br /> information: <br /> (a) An evaluation of the manner in which the City has complied <br /> with the covenants of the Ordinances authorizing the Outstanding <br /> Bonds, the Certificates and any Additional Bonds. <br /> (b) Statement of operating income and expense. <br /> (c) Statement showing analysis of each fund including <br /> deposits, withdrawals and beginning and ending balances. <br /> (d) General balance sheet. <br /> (e) A statement showing the schedule of rates charged for each <br /> class of service as of the close of the fiscal year, the gross revenues <br /> received and the number of connections. <br /> ( f) Schedule of insurance policies and fidelity bonds in force <br /> showing with respect to each policy and bond the nature and amount of <br /> risk covered, the expiration date and the name of the insurer. <br /> (g) Names and titles of principal officers. <br /> (h) A general statement concerning any events or circumstances <br /> which might possibly affect the financial status of the project. <br /> Expenses in making the audits above required are to be regarded <br /> as maintenance and operation expenses of the System and paid as such. <br /> Section 23. SALE, LEASE OR OTHER ENCUMBRANCE OF SYSTEM. The <br /> City hereby covenants, binds and obligates itself not to mortgage or <br /> otherwise encumber the System or any part thereof, except as otherwise <br /> herein provided, or sell, lease or in any manner dispose of the System, <br /> or any part thereof, including any and all extensions and additions <br /> that may be made thereto, until all Outstanding Bonds, Certificates <br /> and Additional Bonds shall have been paid in full as to both principal <br /> and interest (provided that this covenant shall not be construed to <br /> prevent the disposal by the City of property which in its judgment has <br /> become inexpedient to use in connection with the System when other <br /> property of equal value has been substituted therefor). <br /> Section 24. COMPETITION. That so far as it legally may, the <br /> City covenants and agrees, for the protection and security of the <br /> Outstanding Bonds, Certificates and Additional Bonds and the holders <br /> thereof from time to time, that it will not grant a franchise for the <br /> operation of any competing water and/or sewer system in the City of San <br /> Marcos, until all Outstanding Bonds, Certificates and Additional Bonds <br /> shall have been retired. <br /> Section 25. FURTHER COVENANTS. The Ci ty further covenants and <br /> agrees by and through this Ordinance as follows: <br /> (a) That it has the lawful power to pledge the revenues <br /> supporting this issue of Certificates and has lawfully exercised said <br /> power under the Constitution and laws of the State of Texas, including <br /> power existing under Articles 1111, et seq., and 2368a.l, V.T.C.S., as <br /> amended. <br /> (b) That other than for the payment of the Certificates hereby <br /> issued and the Outstanding Bonds, the rents, revenues and income of <br /> the combined waterworks and sewer system of said City have not been <br /> pledged in any manner to the payment of any debt or obligation of the <br /> City, nor of said System. <br /> (c) It will duly and punctually keep, observe and perform each <br /> -15- <br />
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