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Ord 2008-006
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Ord 2008-006
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Last modified
9/4/2008 2:22:54 PM
Creation date
7/1/2008 3:14:42 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2008-6
Date
3/4/2008
Volume Book
175
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without satisfying the conditions for the issuance of Parity Debt, as set forth in this Master <br />Ordinance, is hereby declared to be Subordinated Debt junior and subordinate in all respects to the <br />liens, pledges, covenants, and agreements of this Master Ordinance and any Supplement whether <br />such status is noted or not. <br />(h) Investments and Security. Moneys in all accounts and subaccounts established pursuant <br />to this Master Ordinance and any Supplement will be held uninvested or invested and secured in the <br />manner prescribed by State law for such funds and in accordance with the applicable Supplement <br />and written policies adopted by the City. The investments of each account and subaccount shall be <br />made under conditions that will timely provide money sufficient to satisfy the City's obligations <br />hereunder and under any Supplement. Money in all accounts and subaccounts established pursuant <br />to this Master Ordinance and any Supplement may be combined for investment purposes, as directed <br />by the City. Such treatment does not constitute a commingling of the money in such accounts and <br />subaccounts and the City shall keep or cause to be kept full and complete records indicating the <br />money, investments and securities credited to each such account and subaccount. Any profits or <br />losses from investments shall be credited or charged, respectively, on a pro rata basis among the <br />accounts and other sources of money from which such investment was made. <br />(i) Records: Annual Audit. The City will keep proper books of record and account in which <br />full, true, and correct entries will be made of all dealings, activities, and transactions relating to all <br />Pledged Revenue. Each year while any Parity Debt is Outstanding, the City covenants that as soon <br />as practicable beginning with the end of the first Fiscal Year in which Parity Debt is issued, it will <br />prepare or cause to be prepared a financial report of all Pledged Revenue received for such Fiscal <br />Year in accordance with generally accepted accounting principles, certified by a Certified Public <br />Accountant. The City shall promptly furnish such audited financial report to the municipal bond <br />rating agencies then maintaining a rating on Parity Debt and to any owner of Parity Debt who shall <br />request the same, and shall file or make available such audited financial report as required by each <br />Supplement. In addition, a copy of each such audited financial report shall be retained on file in the <br />City's finance office and open to the inspection of the owners of Parity Debt, and their respective <br />agents and representatives, at all reasonable times during regular business hours, for at least 365 <br />days following the preparation thereof. <br />(j) Inspection of Records. The City will permit any owner or owners of twenty-five percent <br />(25%) or more of the then Outstanding Principal Amount of Parity Debt at all reasonable times to <br />inspect all records, accounts, and data of the City relating to the Financing Program, except such <br />records as federal or State law may designate as privileged and exempt from disclosure. <br />Section 7. ISSUANCE OF PARITY DEBT. <br />(a) General. The City reserves and shall have the right and power to issue or incur Parity <br />Debt for any purpose authorized by State law, including the refunding of Parity Debt, Subordinated <br />Debt, or other obligations of the City issued to finance the costs of a project authorized to be <br />financed under the Financing Program, pursuant to the provisions of this Master Ordinance and <br />Supplements to be hereafter authorized. The City hereby covenants and agrees to comply with all <br />SAN MARCOS\PassTluuTol@008:Master Ordinance <br />
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