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Ord 2025-013 authorizing the issuance and sale of an approximate amount of $30,450,000.00 of Waterworks and Wastewater System Revenue Bonds, Series 2025, pledging the revenues of the water and wastewater system in support of the bonds
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Ord 2025-013 authorizing the issuance and sale of an approximate amount of $30,450,000.00 of Waterworks and Wastewater System Revenue Bonds, Series 2025, pledging the revenues of the water and wastewater system in support of the bonds
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4/30/2025 4:37:05 PM
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City Clerk - Document
Ordinances
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Approving
Number
2025-013
Date
4/15/2025
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shall be used solely for (i) the payment of the principal of and interest on the Bonds, when and to <br /> the extent other funds available for such purposes are insufficient, (ii) to make Reserve Account <br /> Obligation Payments and (iii) to retire the last Stated Maturity or Stated Maturities of or interest <br /> on the Bonds. The Reserve Account is solely for the benefit of this series of Bonds and is not <br /> available to pay Annual Debt Service Requirements on any other Parity Debt. <br /> (b) When and for so long as the cash, investments and Reserve Account Obligations in <br /> the Reserve Account equal the Required Reserve Amount, no deposits need be made to the credit <br /> of the Reserve Account; but, if and when the Reserve Account at any time contains less than the <br /> Required Reserve Amount,the City covenants and agrees that the City shall cure the deficiency in <br /> the Reserve Account by resuming the deposits to such Account from the Pledged Revenues by <br /> monthly deposits and credits in amounts equal to not less than 1/60th of the Required Reserve <br /> Amount with any such deficiency payments being made on or before each interest payment date <br /> until the Required Reserve Amount has been fully restored; provided, however, that no such <br /> deposits shall be made into the Reserve Account during any six month period beginning on an <br /> interest payment date until there has been deposited into the Interest and Sinking Account the full <br /> amount required to be deposited therein by the next following semi-annual payment date, as the <br /> case may be. In addition,in the event that a portion of the Required Reserve Amount is represented <br /> by a Reserve Account Obligation, the Required Reserve Amount shall be restored as soon as <br /> possible from monthly deposits of Pledged Revenues on deposit in the System Account,but subject <br /> to making the full deposits and credits to the Interest and Sinking Account required to be made by <br /> the next following interest payment date,as the case may be. The City further covenants and agrees <br /> that, subject only to the prior deposits and credits to be made to the Interest and Sinking Account, <br /> the Pledged Revenues shall be applied and appropriated and used to establish and maintain the <br /> Required Reserve Amount, including by paying Reserve Account Obligation Payments when due, <br /> and to cure any deficiency in such amounts as required by the terms of this First Supplement. <br /> During such time as the Reserve Account contains the Required Reserve Amount, the <br /> obligation to maintain the Required Reserve Amount has been suspended pursuant to subsection <br /> (d) below or any cash is replaced with a Reserve Account Obligation pursuant to subsection (c) <br /> below, the City may, at its option, withdraw all surplus funds in the Reserve Account and deposit <br /> such surplus in the Interest and Sinking Account or otherwise use such amount in any ),Wanner <br /> permitted by law unless such surplus is required to be rebated in which case such event shall be <br /> deposited into the Rebate Account. <br /> (c) A Reserve Account Obligation issued in an amount equal to all or part of the Required <br /> Reserve Amount for the Bonds may be used in lieu of depositing cash into the Reserve Account. <br /> In addition, a Reserve Account Obligation may be substituted for monies and investments in the <br /> Reserve Account if the substitution of the Reserve Account Obligation will not, in and of itself, <br /> cause any ratings then assigned to the Bonds by any rating agency to be lowered and the ordinance <br /> authorizing the substitution of the Reserve Account Obligation for all or part of the Required <br /> Reserve Amount contains a finding that such substitution is cost effective. <br /> (d) Notwithstanding anything to the contrary contained herein, the requirement set forth <br /> in subsection(a) above to maintain the Required Reserve Amount in the Reserve Account shall be <br /> suspended for such time as the Net Revenues for each Fiscal Year are equal to at least 1.30 times <br /> 13 <br /> San Marcos I WWSRB 2025 1 1"Supplemental Ordinance <br />
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