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Ord 2009-035
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Ord 2009-035
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Last modified
8/6/2009 8:19:32 AM
Creation date
6/22/2009 11:08:14 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2009-35
Date
6/16/2009
Volume Book
182
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taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in <br />consideration of all other outstanding obligations of the City. <br />(b) In order to provide for the payment of the debt service requirements on the Bonds, being <br />(i) the interest on the Bonds and (ii) a sinking fund for their payment at maturity or a sinking fund of <br />two percent (whichever amount is the greater), there is hereby levied for the current year and each <br />succeeding year thereafter, while the Bonds or interest thereon remain outstanding and unpaid, a tax <br />within legal limitations on each $100 valuation of taxable property in the City that is sufficient to pay <br />such debt service requirements, full allowance being made for delinquencies and costs of collection. <br />(c) The tax levied by this Section shall be assessed and collected each year and applied to the <br />payment of the debt service requirements on the Bonds, and the tax shall not be diverted to any other <br />purpose. <br />Section 2.02. Perfection of Security Interest. <br />Chapter 1208, Texas Government Code applies to the issuance of the Bonds and the pledge <br />of the revenues granted by the City under Section 2.01 of this Ordinance, and such pledge, therefore, <br />is valid, effective, and perfected. If Texas law is amended at any time while the Bonds are <br />outstanding and unpaid such that the pledge of the ad valorem taxes granted by the City under <br />Section 2.01 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas Business <br />and Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection <br />of the security interest in said pledge, the City agrees to take such measures as it determines are <br />reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, <br />Business and Commerce Code and enable a filing to perfect the security interest in said pledge to <br />occur. <br />ARTICLE III <br />AUTHORIZATION; GENERAL TERMS <br />AND PROVISIONS REGARDING THE BONDS <br />Section 3.01. Authorization. <br />The City's bonds, to be designated "City of San Marcos, Texas, General Obligation Bonds, <br />Series 2009," are hereby authorized to be issued and delivered in accordance with the Constitution <br />and laws of the State of Texas, including particularly Tex. Gov't Code Ann. §1331.052, in the <br />aggregate principal amount of $4,495,000 for the purpose of (i) constructing and improving streets <br />and related pedestrian facilities, in accordance with Proposition No. 4 ofthe November 8, 2005 Bond <br />Election, including Donaldson Street/Transit Center improvements, Sessom Drive reconstruction and <br />Thorpe and Hopkins street improvements, (ii) constructing and improving streets and related <br />pedestrian facilities, in accordance with Proposition No. 5 of the November 8, 2005 Bond Election, <br />including Victory Gardens street improvements, (iii) constructing and improving pedestrian and <br />bicycle ways and facilities, in accordance with Proposition No. 6 of the November 8, 2005 Bond <br />San Marcos GO 2009: Ordinance
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