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Ord 2004-048
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Ord 2004-048
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Last modified
9/18/2007 4:18:59 PM
Creation date
6/16/2005 1:17:57 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2004-48
Date
8/23/2004
Volume Book
156
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<br />Section 1.03. Findings. <br /> <br />The declarations, determinations and findings declared, made and found in the preamble to this <br />Ordinance are hereby adopted, restated and made a part of the operative provisions hereof. <br /> <br />Section 1.04. Table of Contents. Titles and Headings. <br /> <br />The table of contents, titles and headings of the Articles and Sections of this Ordinance have been <br />inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way <br />modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in <br />construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should <br />arIse. <br /> <br />Section 1.05. Interpretation. <br /> <br />(a) Unless the context requires otherwise, words ofthe masculine gender shall be construed to <br />include correlative words of the feminine and neuter genders and vice versa, and words of the singular <br />number shall be construed to include correlative words of the plural number and vice versa. <br /> <br />(b) This Ordinance and all the terms and provisions hereof shall be liherally construed to <br />effectuate the purposes set forth herein to sustain the validity of this Ordinance. <br /> <br />ARTICLE II <br /> <br />SECURITY FOR THE BONDS <br /> <br />Section 2.01. Pledge of Revenues for Payment of the Bonds. <br /> <br />The Net Revenues (with the exception of those in excess of the amounts required to establish and <br />maintain the Funds as hereinafter provided) are hereby irrevocably pledged for the payment of the principal <br />of and interest on the Parity Revenue Obligations, including the establishment and maintenance of the <br />Reserve Fund hereinafter provided. <br /> <br />Section 2.02. Special Obligations. <br /> <br />The Bonds are special obligations of the City payable from the Net Revenues, and the Holders <br />thereof not entitled to demand payment thereof out of any money raised by taxation. <br /> <br />Section 2.03. Perfection of Security Interest. <br /> <br />Chapter 1208, Government Code applies to the issuance of the Bonds and the pledge of the revenues <br />granted by the City under Section 2.01 of this Ordinance, and such pledge, therefore, is valid, effective, and <br />perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the <br />pledge of the revenues granted by the City under Section 2.01 ofthis Ordinance is to be subjectto the filing <br />requirements of Chapter 9, Business and Commerce Code, then in order to preserve to the registered owners <br />ofthe Bonds the perfection of the security interest in said pledge, the City agrees to take such measures as <br />it determines are reasonable and necessary under Texas law to comply with the applicable provisions of <br />Chapter 9, Business and Commerce Code and enable a filing to perfect the security interest in said pledge <br />to occur. <br /> <br />R:\San Marcos\WWSS.04\Docs\Ordinance\Ordinance Final.wpd <br /> <br />4 <br />
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