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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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Each Supplement shall provide for the authorization, issuance, sale, delivery, form, <br />characteristics, provisions of payment and redemption, and security of each issue or series of Parity <br />Debt and any other matters related to Parity Debt not inconsistent with this Master Ordinance. <br />Section 2. SECURITY AND PLEDGE. (a) Pledge. Parity Debt shall be secured by and <br />payable solely from a first lien on and pledge of the following (collectively, the "Security"): (i) all <br />Pledged Revenues; (ii) all amounts in the Program Account and the Interest and Sinking Account; <br />(iii) any additional account or subaccount that is subsequently established and so designated as being <br />included within the Security pursuant to Section 3 (f) hereof; (iv) all of the proceeds of the foregoing, <br />including, without limitation, investments thereof; and (v) any applicable Credit Agreement to the <br />extent set forth in such Credit Agreement. With respect to any applicable series of Parity Debt, the <br />term "Security" shall also include all amounts in any reserve account or subaccount applicable to <br />such Parity Debt pursuant to Section 3(e) hereof, including any reserve fund surety policy or other <br />Credit Agreement entered into for the benefit of such account or subaccount. The City hereby <br />assigns and pledges the Security to the payment of the Annual Debt Service Requirements on Parity <br />Debt including the obligations due under and in connection with any Credit Agreement, to the extent <br />set forth therein and in the related Supplement, and the Security is further pledged to the <br />establishment and maintenance of any accounts or subaccounts which may be provided to secure <br />the repayment of Parity Debt including the obligations due under and in connection with any Credit <br />Agreement, to the extent set forth therein and in the related Supplement, in accordance with this <br />Master Ordinance and any Supplement. <br />(b) Credit Agreements. The City may execute and deliver one or more Credit Agreements <br />(i) to additionally secure Parity Debt or an issue or series or part of any issue or series of Parity Debt <br />or (ii) in connection with the authorization, issuance, sale, resale, security, exchange, payment, <br />purchase, remarketing or redemption of Parity Debt or an issue or series or part of an issue or series <br />of Parity Debt or interest on an issue or series or part of an issue or series of Parity Debt without <br />regard to whether a Credit Agreement was contemplated, authorized or executed in relation to the <br />initial issuance, sale or delivery of Parity Debt. Credit Agreements and the obligations thereunder <br />may, pursuant to their terms, constitute: (i) Parity Debt secured by a pledge of the Security on parity <br />with all Parity Debt, (ii) Subordinated Debt secured by a pledge ofthe Security subordinate to Parity <br />Debt or (iii) partially on a parity with Parity Debt and partially as Subordinated Debt. <br />(c) Tax Pledge. Notwithstanding any other provision hereof, the City in its sole discretion <br />may in a supplement to this Master Ordinance related to a particular series or issue of Parity Debt <br />add additional security to such series or issue in addition to the Security herein pledged, including <br />but not limited to available funds generated by the City's ad valorem taxing authority pursuant to <br />Section 1510.002(b)(2), Texas Government Code, as amended. Any taxes levied as additional <br />security for a particular series of Parity debt cannot be used to pay debt service on any other series <br />of Parity Debt. <br />(d) Perfection. Chapter 1208, Texas Government Code, applies to the issuance of Parity <br />Debt and the pledge of the Security granted by the City under this Section and in any applicable <br />Supplement, and such pledge is therefore valid, effective, and perfected. If State law is amended <br />at any time while Parity Debt is outstanding and unpaid such that the pledge of the Security granted <br />SAN MARCOS\PassThruToll2008:Master Ordinance <br />
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