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Ord 2000-011
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Ord 2000-011
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Last modified
9/18/2007 4:21:32 PM
Creation date
7/19/2006 1:56:28 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2000-11
Date
2/14/2000
Volume Book
139
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<br />from sources other than the operation of the System, but nothing herein shall be construed as preventing the <br />City from doing so. <br /> <br />Section 10.03. Records; Accounts; Accountin~ Reports. <br /> <br />The City hereby covenants and agrees that so long as any Parity Revenue Obligations, or any interest <br />thereon, remain outstanding and unpaid, it will keep and maintain a proper and complete system of records <br />and accounts pertaining to the operation of the System, separate and apart from all other records and <br />accounts, in which complete and correct entries shall be made of all transactions relating thereto, as provided <br />by Tex. Rev. Civ. Stat. Ann. art. [113, as amended, and that the owner or owners of any of said Parity <br />Revenue Obligations or any duly authorized agent or agents of such owners shall have the right at all <br />reasonable times to inspect all such records, accounts and data relating thereto, and to inspect the System and <br />all properties comprising same. The City further agrees that within 90 days following the close of each fiscal <br />year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public <br />Accountants or Licensed Public Accountants. Each such audit, in addition to whatever other matters may <br />be thought proper by the Accountant, shall particularly include the following: <br /> <br />(a) A detailed statement of the income and expenditures of the System for such fiscal year. <br /> <br />(b) A balance sheet as of the end of such fiscal year. <br /> <br />(c) The Accountant's comments regarding the manner in which the City has carried out the <br />requirements of this ordinance and his recommendations for any changes or improvements in the operation, <br />records and accounts of the System. <br /> <br />(d) A list of the insurance policies in force at the end of the fiscal year on the System properties, <br />setting out as to each policy the amount thereof, the risk covered, the name of the insurer, and the policy's <br />expiration date. <br /> <br />(e) A I ist of the securities wh ich have been on deposit as security for the money in the Interest <br />and Sinking Fund throughout the fiscal year, a list of the securities, if any, in which the Reserve Fund has <br />been invested, and a statement of the manner in which money in the System Fund has been secured in such <br />fiscal year. <br /> <br />(f) The number of properties connected with the System. <br /> <br />Expenses incurred in making the audits above referred to are to be regarded as maintenance and <br />operating expenses of the System and paid as such. <br /> <br />Section 10.04. Special Covenants. <br /> <br />The City hereby further covenants as follows: <br /> <br />(a) The City has the lawful power to pledge the net revenues supporting this issue of Bonds and <br />has lawfully exercised said power under the Constitution and laws of the State of Texas, including said <br />power existing under Tex. Rev. Civ. Stat. Ann. art. 1111 et seq., as amended; that the Bonds and the <br />Additional Parity Obligations, when issued, shall be ratably secured under said pledge in such manner that <br />one issue of Parity Revenue Obligations shall have no preference over any other issue. <br /> <br />(b) Other than for pledge made for the payment and security of the Parity Revenue Ob ligations <br />to be outstanding following issuance of the Bonds and certain obligations of the City secured by and payable <br />from a lien on and pledge of the Net Revenues inferior to those securing payment of the Bonds, the Net <br /> <br />R:\SANMARIWWSS.OO\DOCS\FinaI\ORDWWSS. WPD <br /> <br />28 <br />
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