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Ord 2018-017/general obligation Bonds; levying an ad valorem tax in support of the bonds; approving a paying agent/registrar agreement, an official Statement, and a purchase agreement; establishing procedures For selling and delivery of one or more series
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Ord 2018-017/general obligation Bonds; levying an ad valorem tax in support of the bonds; approving a paying agent/registrar agreement, an official Statement, and a purchase agreement; establishing procedures For selling and delivery of one or more series
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Chapter 1208,Texas Government Code,applies to the issuance of the Bonds and the pledge <br /> of the ad valorem taxes granted by the City under this Section, and is therefore valid,effective,and <br /> perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that <br /> the pledge of the ad valorem taxes granted by the City under this Section is to be subject to the filing <br /> requirements of Chapter 9,Business&Commerce Code,then in order to preserve to the Owners of <br /> the Bonds the perfection of the security interest in said pledge,the City agrees to take such measures <br /> as it determines are reasonable and necessary under Texas law to comply with the applicable <br /> provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security <br /> interest in said pledge to occur. <br /> Section 8. ESTABLISHMENT OF PROJECT FUND. (a) Project Fund. The Project <br /> Fund is hereby created and shall be established and maintained by the City at an official depository <br /> bank of the City. Proceeds from the sale of the Bonds minus any amounts deposited into the Interest <br /> and Sinking Fund and any Escrow Fund, shall be deposited in the Project Fund. <br /> (b) Investment of Funds. The City hereby covenants that the proceeds of the sale of the <br /> Bonds will be used as soon as practicable for the purposes for which the Bonds are issued. <br /> Obligations purchased as an investment of money in any fund shall be deemed to be a part of such <br /> fund. Any money in any fund created by this Ordinance may be invested in Permitted Investments as <br /> permitted by the Public Funds Investment Act, as amended and the City's Investment Policy. <br /> (c) Security for Funds. All funds created by this Ordinance shall be secured in the manner <br /> and to the fullest extent required by law for the security of funds of the City. <br /> (d) Maintenance of Funds. Any funds created pursuant to this Ordinance,other than the <br /> Escrow Fund,may be created as separate funds or accounts or as subaccounts of the City's General <br /> Fund held by the City's depository,and,as such,not held in separate bank accounts, such treatment <br /> shall not constitute a commingling of the monies in such funds or of such funds and the City shall <br /> keep full and complete records indicating the monies and investments credited to each such fund. <br /> (e) Interest Earnings. Interest earnings derived from the investment of proceeds from the <br /> sale of the Bonds shall be used along with the Bond proceeds for the purpose for which the Bonds <br /> are issued as set forth in Section 3 hereof or to pay principal or interest payments on the Bonds; <br /> provided that after completion of such purpose,if any of such interest earnings remain on hand,such <br /> interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,however, <br /> that any interest earnings on bond proceeds which are required to be rebated to the United States of <br /> America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage bonds <br /> shall be so rebated and not considered as interest earnings for the purposes of this Section. <br /> Section 9. DEFEASANCE OF BONDS(a)Any Bond and the interest thereon shall be <br /> deemed to be paid,retired and no longer outstanding(a"Defeased Bond")within the meaning of this <br /> Ordinance,except to the extent provided in subsections(c)and(e)of this Section,when payment of <br /> the principal of such Bond, plus interest thereon to the due date or dates(whether such due date or <br /> dates be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or <br /> 20 <br /> s.u.Marco:;wuzmS o,a'woaoo <br />
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