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Res 2005-036
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Res 2005-036
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Last modified
12/29/2005 11:02:16 AM
Creation date
12/29/2005 10:54:13 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-36
Date
3/21/2005
Volume Book
161
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<br />Interest and income derived from investment of any fund created by this Ordinance shall be credited <br />to such fund. <br /> <br />ARTICLE IX <br /> <br />ADDITIONAL OBLIGATIONS <br /> <br />Section 9.01. Issuance of Additional Parity Obligations Authorized. <br /> <br />In addition to the right to issue obligations of inferior lien as authorized by the laws of this State, the <br />City reserves the right to issue Additional Parity Obligations which, when duly authorized and issued in <br />compliance with law and the terms and conditions hereinafter appearing, shall be on a parity with the Bonds <br />herein authorized, payable from and equally and ratably secured by a lien on and pledge ofthe Net Revenues <br />of the System; and the Bonds and Additional Parity Obligations shall in all respects be of equal dignity. The <br />Additional Parity Obligations may be issued in one or more installments, provided, however, that none shall <br />be issued unless and until the following conditions have been met: <br /> <br />(a) The City is not then in default as to any covenant, condition or obligation prescribed in an <br />ordinance authorizing the issuance of the outstanding Parity Revenue Obligations. <br /> <br />(b) The proposed Additional Parity Obligations shall have been approved by the Attorney <br />General of Texas. <br /> <br />(c) Each of the Funds created for the payment, security and benefit of the Parity Revenue <br />Obligations contains the amount of money then required to be on deposit therein. <br /> <br />(d) The City has secured from a Certified Public Accountant a certificate or report reflecting <br />that for the fiscal year next preceding the date of the proposed Additional Parity Obligations or a consecutive <br />twelve (12) month period out of the fifteen (15) month period next preceding the month in which the <br />ordinance authorizing the proposed Additional Parity Obligations is adopted, the "net revenues" of the <br />System were equal to at least 1.20 times the combined average annual principal and interest requirements <br />on all Parity Revenue Obligations to be outstanding after the issuance of the proposed Additional Parity <br />Obligations. In making a determination of such net revenues, the Certified Public Accountant may take into <br />consideration a change in the rates and charges for services and facilities afforded by the System that became <br />effective at least sixty (60) days prior to the last day of the period for which such net revenues are determined <br />and, for purposes of satisfying such net revenues test, make a pro forma determination of such net revenues <br />for the period of time covered by the certificate or report based upon such change in rates and charges as <br />being in effect for the entire period covered by the certificate or report. The term "net revenues" as used in <br />this Section 9,02 shall mean the gross revenues of the System after deduction of maintenance and operating <br />expenses, but not deducting depreciation or expenditures which, under standard accounting practices, are <br />classed as capital expenditures. <br /> <br />(e) The Additional Parity Obligations are made to mature on February 15 or August 15, either <br />or both, of each year in which they are scheduled to mature. <br /> <br />(t) The ordinance authorizing the Additional Parity Obligations provides (i) that the Interest and <br />Sinking Fund be augmented by amounts adequate to accumulate the sum required to pay the principal and <br />interest on such obligations as the same shall become due, and (ii) the amount to be accumulated and <br />maintained in the Reserve Fund, or such amount together with the amount or amounts any Surety Policy or <br />Policies, shall be increased to an amount not less than the average annual principal and interest requirements <br />of all Parity Revenue Obligations to be outstanding after giving effect to the issuance of the proposed <br />additional obligations, and any additional amount required to be maintained in the Reserve Fund shall be <br />accumulated within sixty-one months from the date of delivery of such Additional Parity Obligations. <br /> <br />R:\San Milf'Cos\WWWWRfd.OS\Docs\Ordinance\Ord Final.wpd <br /> <br />25 <br />
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