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Ord 1982-054
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Ord 1982-054
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Last modified
2/4/2010 10:38:11 AM
Creation date
8/1/2006 9:35:15 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1982-54
Date
11/8/1982
Volume Book
60
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<br />and budgeted to be available for the payment of such debt service <br />requirements on the certificates during the next succeeding fiscal <br />year of the City (based upon the amount of net revenues available from <br />the preceding fiscal year). The amount required to be provided in the <br />succeeding fiscal year of the City from ad valorem taxes shall be the <br />amount, if any, the debt service requirements on the certificates in <br />such fiscal year exceed the sum of (i) the amount shown to be on <br />deposit in the Interest and Sinking Fund at the time the annual budget <br />is prepared and (ii) the net revenues shown to be budgeted and <br />available for payment of such debt service requirements. Following <br />final approval of the Ci ty' s annual budget, the City Council shall <br />levy an ad valorem tax at a rate sufficient to produce taxes in the <br />amount so determined, to be used for the purpose of paying the <br />principal and interest on the certificates in the next succeeding <br />fiscal year of the City. <br /> <br />Section 11. The City covenants and agrees with the holders of <br />the certificates that it will at all times collect rates and charges in <br />connection with its ownership and operation of the system as will be at <br />least sufficient to provide net revenues which will be, together with <br />the funds to be derived from taxation as hereinabove provided, <br />adequate to pay promptly all of the principal of and interest on the <br />certificates, and to make all deposits now or hereafter required to be <br />made into the Interest and Sinking Fund created and established by <br />this ordinance. <br /> <br />Section 12. Monies remaining in the Revenue Fund, after all of <br />the required deposits and payments therefrom have been made and <br />satisfied, may be used by the City for any lawful purpose. <br /> <br />Section 13. All funds created by this ordinance shall be secured <br />in the manner and to the fullest extent permitted or required by law <br />for the security of public funds, and such funds shall be used only for <br />the purpose and in the manner permitted or required by this ordinance. <br /> <br />Section 14. The certificates are hereby sold and shall be <br />delivered to HAYS COUNTY NATIONAL BANK, SAN MARCOS, TEXAS , for the <br />pr incipal amount thereof and accrued interest thereon to date of <br />delivery plus a premium of $ -0- Accrued interest received upon <br />delivery of the certificates shall be deposited in the Interest and <br />Sinking Fund. <br /> <br />Section 15. The Mayor of said City is hereby authorized to have <br />control of the certificates and all necessary records and proceedings <br />pertaining to the certificates pending their delivery and their <br />investigation, examination, and approval by the Attorney General of <br />Texas, and their registration by the Comptroller of Public Accounts of <br />the State of Texas. Upon registration of the certificates, said <br />Comptroller of Public Accounts (or a deputy designated in writing to <br />sign for said Comptroller) shall manually sign the Comptroller's <br />Registration Certificate printed and endorsed on each of the <br />certificates, and the seal of said Comptroller shall be impressed or <br />placed in facsimile on each of the Certificates. <br /> <br />Section 16. This City Council, for and on behalf of the City, <br />covenants to and with the purchasers of the certificates that no use <br />will be made of the proceeds of the certificates at any time throughout <br />the term of this issue of certificates, which, if such use had been <br />reasonably expected on the date of delivery of the certificates to and <br />payment for the certificates by the purchaser, would have caused the <br />certificates to be arbitrage bonds or obligations within the meaning <br />of Section 103(c) of the Internal Revenue Code of 1954, as amended, or <br />any regulation or ruling pertaining thereto; and by this covenant the <br />Ci ty is obligated to comply wi th the requirements of the aforesaid <br />Section 103 (c) and all applicable and pertinent Department of the <br />
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