Res 2005-036 - Laserfiche WebLink

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substitution of the Surety Policy will not cause any ratings then assigned to the Bonds by either Moody's Investors Service or Standard & Poor's Ratings Group to be lowered and (ii) the City Council finds that the substitution of the Surety Policy for all or part of the average annual principal and interest requirements of the Parity Revenue Obligations is cost effective. Subject to the terms of the Surety Policy, the City shall apply the proceeds of the Revenue Fund prorata, to (i) the reestablishment of any cash balance required to be maintained in the Reserve Fund and (ii) the payment of subrogation obligations of the City under the terms of a Surety Policy or Surety Policies with respect to Parity Obligations. (c) In the event a Surety Policy issued to satisfy all or part of the City's obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the average annual principal and interest requirements of all Parity Revenue Obligations, the City, may transfer such excess amount to any fund or funds established for the payment of or security for the Parity Revenue Bonds (including any escrow established for the final payment of any such obligations pursuant to Tex. Gov't Code Ann., ch. 1207) or use such excess amount for any lawful purpose now or hereafter provided by law; provided, however, that except as otherwise may be permitted by applicable law, any portion of such amount constituting proceeds of bonds or other obligations ofthe City, or taxes, may be used only for purposes for which such proceeds or taxes could have been used lawfully at the time of the deposit thereof into the Reserve Fund. Section 8.05. Deficiencies in Funds. If in any month the City shall, for any reason, fail to pay into the Interest and Sinking Fund and Reserve Fund the full amounts required, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the System for the following month or months and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into said Funds during such month or months. Section 8.06. Excess Revenues. Any revenues in excess of those required to establish and maintain the Funds as above required may be used to purchase and retire Parity Revenue Obligations in the open market at not exceeding the market value thereof, the redemption of such obligations, or for any lawful purpose now or hereafter provided by law. Section 8.07. Security of Funds. All moneys on deposit in the funds referred to in this Ordinance shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and moneys on deposit in such funds shall be used only for the purposes pennitted by this Ordinance. Section 8.08. Investments. (a) Money in the Funds established by this Ordinance (other than the Escrow Fund), at the option of the City, may be invested in such securities or obligations as permitted under applicable law. Money in the Escrow Fund shall be invested and applied solely in accordance with the provisions of the Escrow Agreement. (b) Any securities or obligations in which money is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. Section 8.09. Investment Income. R;\San MaTcos\WWWWRta.05\DoC5\Ordinan~e\Ord FinaLwpd 24