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Ord 2008-006
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Ord 2008-006
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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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by the City under this Section and in any applicable Supplement is to be subject to the filing <br />requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve for the <br />owners of Parity Debt the perfection of the security interest in said pledge, the City agrees to take <br />such measures as it determines are reasonable and necessary under State law to comply with the <br />applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect <br />the security interest in said pledge to occur. <br />Section 3. ACCOUNTS. (a) Creation or Affirmation of Accounts. The City hereby <br />establishes or affirms the creation of the following accounts on the books and records of the City: <br />(i) the Pass-Through Toll Program Revenue Account (the "Program Account"); <br />(ii) the Pass-Through Toll Interest and Sinking Account (the "Interest and Sinking <br />Account"); and <br />(iii) the Pass-Through Toll Bond Proceeds Account (the "Bond Proceeds Account"). <br />(b) Program Account. Subject to the provisions of Section 4 of this Master Ordinance, <br />moneys in the Program Account may be used for any lawful purpose authorized pursuant to the <br />Enabling Act and other State law. <br />(c) Interest and Sinking Account. Moneys in the Interest and Sinking Account shall be used <br />to pay amounts due on or with respect to Parity Debt, including the principal of, premium, if any, <br />and interest on Parity Debt as the same become due and payable (whether at Stated Maturity or upon <br />prior redemption), and the City shall maintain such account as long as Parity Debt is Outstanding. <br />(d) Bond Proceeds Account. Proceeds from the issuance of Parity Debt shall be deposited <br />from time to time upon the issuance of such Parity Debt as provided by the applicable Supplement <br />into the Bond Proceeds Account, or any subaccount thereof created with respect to such Parity Debt. <br />Such proceeds and the interest thereon shall remain in the Bond Proceeds Account or applicable <br />subaccount thereof until expended to accomplish the purposes for which such Parity Debt was issued <br />or until otherwise utilized as provided in the applicable Supplement. Amounts in the Bond Proceeds <br />Account do not constitute Security. <br />(e) Reserve Accounts or Subaccounts. The City may establish a reserve account and/or any <br />other account or subaccount pursuant to the provisions of the applicable Supplement for the purpose <br />of paying or securing a particular issue or series of Parity Debt or any specific group of issues or <br />series of Parity Debt and the amounts, once deposited into said accounts or Subaccounts, shall no <br />longer constitute Security for all Parity Debt but shall be held solely for the benefit of the owners <br />of the particular issue or series or group of issues or series of Parity Debt for which such account <br />or subaccount was established. Each such account or subaccount shall be designated in such manner <br />as is necessary to identify the Parity Debt it secures and to distinguish such account or subaccount <br />from any other accounts created for the benefit of any other Parity Debt. Any such reserve accounts <br />or Subaccounts shall be established in the Supplement related to such series or issue of Parity Debt. <br />The City may, in its discretion, provide in the applicable Supplement for a surety bond, insurance <br />SAN MARCOS\PassThruToll2008:Master Ordinance <br />
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