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Ord 2008-010
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Ord 2008-010
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Last modified
9/4/2008 2:23:26 PM
Creation date
7/11/2008 3:43:24 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-10
Date
3/4/2008
Volume Book
175
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Section 10.04. Special Covenants. <br />The City hereby further covenants as follows: <br />(a) The City has the lawful power to pledge the net revenues supporting this issue of <br />Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, <br />including said power existing under Tex. Gov't Code Ann. ch. 1502; that the Bonds and the <br />Additional Parity Obligations, when issued, shall be ratably secured under said pledge in such manner <br />that one issue of Parity Revenue Obligations shall have no preference over any other issue. <br />(b) Other than for the pledge made for the payment and security of the Parity Revenue <br />Obligations to be outstanding following issuance of the Bonds and certain obligations of the City <br />secured by and payable from a lien on and pledge of the Net Revenues inferior to those securing <br />payment of the Bonds, the Net Revenues of the System have not in any manner been pledged to the <br />payment of any debt or obligation of the City or of the System. <br />(c) So long as any of the Bonds or any interest thereon remain outstanding, the City will <br />not sell or encumber the System or any substantial part thereof, provided that this shall not be <br />construed to prohibit the sale of such machinery or other properties or equipment which has become <br />obsolete or otherwise unsuited to the efficient operation of the System; also, with the exception of <br />the Additional Parity Obligations expressly permitted by this Ordinance to be issued, it will not <br />encumber the net revenues of the System unless such encumbrance is made junior and subordinate <br />to all of the provisions of this Ordinance. <br />(d) No free service of the System shall be allowed, and should the City or any of its <br />agencies or instrumentalities make use of the services and facilities of the System, payment of the <br />reasonable value thereof shall be made by the City out of moneys from sources other than the <br />revenues and income of the System. <br />(e) To the extent that it legally may, the City further covenants and agrees that, as long <br />as any Parity Revenue Obligations, or any interest thereon, are outstanding, no franchise shall be <br />granted for the installation or operation of any competing waterworks or sewer system; and that the <br />City will prohibit the operation of any water system or sewer system other than those owned by the <br />City, and the operation of any such system by anyone other than this City is hereby prohibited. <br />Section 10.05. 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 />SANMARCOS/W W WSRev2008: Ordinance 3 4 <br />
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