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Res 1996-052
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Res 1996-052
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Last modified
6/13/2007 1:37:49 PM
Creation date
6/13/2007 1:37:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1996-52
Date
3/25/1996
Volume Book
123
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<br /> 4:JO <br /> ...,.,. <br /> BOND INFORMATION <br /> Authority. .. The Bonds are being issued in the principal amounf.-QfS1,5oo,OOO pursuant to the gen.erallaws of the State of <br /> Texas, particularly Articles 111 through 1118, inclusive, VAT.C.S., as ¡¡m,."M::!, and an Orclinanœ passed by the City <br /> Council. <br /> Security for Bonds. . . The Bonds are special obligations of the City payable, both as to principal and interest, solely from and <br /> secured by a first lien on and pledge of the Net Revenues of the System. Net Revenues means the gross revenues of the System. <br /> after deducting the maintenance and operating expenses. Maint£"nsml',e and operating expenses include cœrtractual payments <br /> which. under Texas laws and their provisions are established as operating expenses. The Bonds are not a charge upon any other <br /> income or revenues of the City and shall never constitute an indebtedness or pledge of the general credit or taxing powers of <br /> the City. The Ordinance does not create a lien or mortgage on the System and any judgment against the City may not be <br /> enforced by levy and execution against any property owned by the City, except Net Revenues. <br /> -~ <br /> ! Pledged Revenues. . . All of the Net Revenues of the system. with the exception of those in excess of the amounts required to <br /> establish and maintain the Revenues, Reserve and interest and Sinking Funds are irrevocably pledged for the pa}IDellt of the <br /> bonds and interest thereon. The payment of the Bonds and the interest thereon shall constiture a first lien upon the Net <br /> Revenues of the System. <br /> Application of System Revenues. . . All System revenues are deposited in the Revenue Fund and applied first to the payment <br /> of all necessary and reasonable expenses of operation and maintenance of the System. then thereafter transfers are made as <br /> required to the Interest and Sinking Funds and the Reserve Fund (as necessary) in that order, established by the Ordinance <br /> authorizing the issuance, of the Bonds. Surplus moneys not required for the above purposes may be used for any lawful <br /> puxpose. <br /> Redemption of Bonds. . . The City reserves the right:. at its option, to redeem Bonds having stated maturities on and after <br /> January 1, 2007, in whole or in part. in principal amounts ofS5,OOO or any integral multiple thereof on January 1,2006, or any <br /> date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption. If less than all of the Bonds of a <br /> maturity is to be redeemed, the Bonds to be redeemed shall be selected by the City. If a Bond (or any portion of the principal <br /> sum thereof) shall have been called for redemption and notice of such redemption shall have been given, such Bond (or the <br /> principal amount thereof to be redeemed) shall beœme due and payable on such redemption dare and interest thereon shall <br /> cease to accrue from and after the redemption date provided fimds for the payment of the redemption price and accrued interest <br /> thereon arc held by the Paying AgentIRegistrar on the redemption date. <br /> Not less than 30 days prior to a redemption date for the Bonds, the City shall cause a notice of redemption to be sent by United <br /> States mail, first class, postage prepaid. to each registered owner of a Bond to be redeemed, in whole or in part. at the address <br /> of the registered owner appearing on the registration books of the Paying AgentlRegistrar at the close of business on the <br /> business day next preceding the date of mailing such notice. Any notice of redemption so mailed shall be conclusively <br /> presumed to have been duly given irrespective of whether received by the boOOhDlder. <br /> Rates . . . The City covenants and agrees that it will at all times fix. establish, maintain and collect such rates, charges and fees <br /> for the use and availability of the System and at all times as are necessary to produce Gross Revenues sufficient (1) to pay all <br /> CUlTent operating and maintenance expenses of the System. and (2) to make all deposits now or hereafter required to be made <br /> into the Funds created. <br /> Additional Bonds. . . The City reserved the right to issue additional parity revenue bonds, to be known as Additional Bonds, <br /> which. when issued and delivered, shall be payable from and secured by a first lien on and pledge of the Net Revenues of the <br /> System, in the same manner and to the same extent as the Bonds and all Additional Bonds shall in all respects be a parity and <br /> of equal dignity. The Additional Bonds may be issued in one or more installments or series, provided, however, that no <br /> installment or series of Additional Bonds shall be issued unless all conditions and terms stated in the Ordinance have been met <br /> See "DEBT INFORMATION - Selected Provisions of the Ordinance". <br /> Defeasance. . . The Ordinance provides that any Bond will be deemed paid and shall no longer be considered to be <br /> outstanding within the meaning of the Ordinance when payment of principal of and interest on such Bond to its stated maturity <br /> has been made or Provided for. Payment may be provided for by deposit of any combination of (1) money in an amount <br /> sufficient to make such payment and (2) non-œl1able direct obligations of the United States of America. Any such deposit <br /> must be certified by an independent public accountant to be of such maturities and interest payment dates and bear such <br /> interest as will be sufficient to make the payment to be provided for on the Bonds. <br /> Default and Remedies. . . If the City defaults in the payment of the principal of or interest on any of the Bonds when due, or <br /> defaults in the observance or performance of any of the covenants, conditions or obligations set forth in the Ordinance, any <br /> registered owner of the Bonds or an authorized representative of such owner is entitled to proceed against the City for the <br /> purpose of protecting and enforcing the rights of the registered owners of the Bonds, by \\IIÎt of maruiamus or other suit:. action <br /> or special prnç.......Hng in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including <br /> 6 <br />
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