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Ord 2008-009
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Ord 2008-009
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Last modified
9/4/2008 2:23:16 PM
Creation date
7/1/2008 11:53:47 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-9
Date
3/4/2008
Volume Book
175
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Section 8.07. Investment Income. <br />Interest and income derived from investment of any fund created by this Ordinance shall be <br />credited to such fund. <br />ARTICLE IX <br />PARTICULAR REPRESENTATIONS AND COVENANTS <br />Section 9.01. Payment of the Bonds. <br />While any of the Bonds are outstanding and unpaid, there shall be made available to the <br />Paying Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay the interest on <br />and the principal of the Bonds, as applicable, as will accrue or mature on each applicable Interest <br />Payment Date. <br />Section 9.02. Other Representations and Covenants. <br />(a) The City will faithfully perform at all times any and all covenants, undertakings, <br />stipulations, and provisions contained in this Ordinance and in each Bond; the City will promptly pay <br />or cause to be paid the principal of, interest on, and premium, if any, with respect to, each Bond on <br />the dates and at the places and manner prescribed in such Bond; and the City will, at the times and <br />in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money <br />specified by this Ordinance. <br />(b) The City is duly authorized under the laws of the State of Texas to issue the Bonds; <br />all action on its part for the creation and issuance of the Bonds has been duly and effectively taken; <br />and the Bonds in the hands of the Owners thereof are and will be valid and enforceable obligations <br />of the City in accordance with their terms. <br />Section 9.03. Covenants Re ag rdin~ Tax Exemption of Interest on the Bonds. <br />(a) The City covenants to take any action necessary to assure, or refrain from any action <br />which would adversely affect, the treatment of the Bonds as obligations described in section 103 of <br />the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable <br />in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, <br />the City covenants as follows: <br />(1) to take any action to assure that no more than 10 percent of the proceeds of the <br />Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) <br />are used for any "private business use," as defined in section 141(b)(6) ofthe Code or, if more <br />than 10 percent of the proceeds or the projects financed therewith are soused, such amounts, <br />whether or not received by the City, with respect to such private business use, do not, under <br />the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or <br />San Mazcos GO 2008: Ordinance 27 <br />
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