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<br />"Special Record Date" means the new record date established for payment of interest on the Bonds <br />in the event of a nonpayment of interest on a scheduled payment date, and for 30 days thereafter, as described <br />in Section 3 .03(b). <br /> <br />"Surety Policy" means, to the extent permitted by law (including, particularly, Tex. Gov't Code Ann. <br />S 1502.064), a surety bond, insurance policy, including any related reimbursement or financial guaranty <br />agreement, by which the issuer is obligated to provide funds up to and including the maximum amount and <br />under the conditions specified in such agreement or instrument, provided that the issuer of any Surety Policy <br />shall be rated, at the time of issuance of such Surety Policy, in the highest rating category by Standard & <br />Poor's Ratings Group and Moody's Investors Service. <br /> <br />"System" means and includes the City's electric light and power system, together with all future <br />extensions, improvements, enlargements, and additions thereto, and all replacements thereof; provided that, <br />notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term <br />System shall not include any electric light and power facilities which are declared not to be a part of the <br />System and which are acquired or constructed by the City with the proceeds from the issuance of "Special <br />Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not <br />secured by or payable from the Pledged Revenues as defined herein, but which are secured by and payable <br />solely from special contract revenues or payments received from any other legal entity in connection with <br />such facilities; and such revenues or payments shall not be considered as or constitute gross revenues ofthe <br />System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance <br />of such Special Facilities Bonds. <br /> <br />"Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the payment <br />of principal, redemption premium, if any, or interest on the Bonds as the same become due and payable or <br />money set aside for the payment of Bonds duly called for redemption prior to maturity, and remaining <br />unclaimed for 90 days after the applicable payment or redemption date. <br /> <br />Section 1.02. Other Definitions. <br /> <br />The terms "City Council," "City" and "Refunded Bonds" shall have the meaning assigned in the <br />preamble to this Ordinance. <br /> <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 />anse. <br /> <br />RISan Marcos\EUS Rfdg.02\Docs\Ordinance\Final.wpd <br /> <br />4 <br />