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Res 1996-052
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Res 1996-052
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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 /> 42//fJ <br /> Sectiœ. 8.08. Security of Funds. <br /> - <br /> All IJ:JODeYS on deposit in the fimds refem:d to in this 0rdÏnaD/;::e shall be secured in the IIJaIJner and to the fulIest extent <br /> requixed by the 1a\W of the State ofT c:xas fer the security of public funds, and ~ œ deposit in such funds sball be used cnly fir the <br /> pu¡poses permitted by this 0rdÏnaD/;::e. <br /> Secticn 8.09. Inv~t.. <br /> (a) 1vfuoey in the Interest and Sinking Fund and the Reserve Fund, at the optiœ of the City, may be invested in such <br /> securities er ob1igaticns as permitted under applicab}e law. <br /> (b) Any securities er obligatioos in which IDoCÐeY is so invested shall be b:pt and held in trust fir the beœfi:t of the <br /> Owners and shall be saId and the proceeds of sale sball be timely applied to the making of all payments required to be made fia:n the <br /> fund fia:n which the in vesIme:Dt \W.S made. <br /> Sectiœ. 8.1 0 . Investment Inrome. <br /> Jnt:erest and income derived ftom. investment of any fund created by this Ordinance shall be credited to such fund. <br /> * * * <br /> Sectiœ. 9.01. Issuance of Additional Parity ObIi"Ations Authorized <br /> In additi.cn to the right to issue obligations of inferier lien as authorized by the 1a\W of this State, the City :reserves the right to <br /> issue Additiooal Parity Obligatiœs whicl1, ...wen duly autbaized and issued in C1YI'1p1ÎJmc.e with law and the tenDs and cmditim.. <br /> beteÏDafter appearing, sball be on a parity with the Boods be:re:in authorized, pa~ fia:n and equally and ratabiy secured by a lien on <br /> and pledge of the Net Revenues of the Systcn; and the Bmds and Additional Parity Obligations sball in all respects be of equal dignity. <br /> The Additional Parity Obligatiœs may be issued in ODe er moce instRnrT1ð1t.., provided, however, that none sball be ~ unless and <br /> lmtil the following CCI1ditiœs have been met ~ <br /> (a) The City is not then in default as to any rovenant, condition er obligatiœ prescnòed in an crdinanœ authcrizing the <br /> issuance of the ootstHT}liiDg Pricrity Obligatiœs er Parity Revenue Obligations. <br /> (b) The ¡xoposed Additional Parity Obligations sball have been ~ved by the At:tarney Gene:ral ofTexas. <br /> (c) Eacl1 of the Funds created fir the payment, security and benefit of the Pricrity Obligatiœs and Parity Revenue <br /> Obligatiœs cœtains the amount of IDoCÐeY then required to be en deposit tben:in. <br /> (d) The City bas secured fu:m a Certified Public Accoontant a certificate er report ref1ect:ing that fer the fiscal year next <br /> preceding the date of the ¡xopœed Additiooa.1 Parity Obligatiœs er a çoo<;PM.Itive twelve (12) IIIODth period out oftbe fifteen (15) mooth <br /> period next preceding the mœth in which the crdinanœ autbocizmg the ¡xoposed Additional Parity Obligations is adopted, the "!let <br /> revenues" of the System were equal to at least 1.20 times the canbined waage annual ¡xincipal and interest requireme:nís on all Parity <br /> Revenue: Obligatioos to be OIrt..tRWIing after the issuance of the proposed Additional Parity Obligations. In making a dete:rminaíiœ of <br /> such net revenues, the Certified Public Accoontant may take into consideration a clJange in the rates and charges fir serviœs and <br /> facilities affixded by the System that became effective at least sixty (60) days ¡xier to the Jast day of the period fer which such net <br /> revenues arc dete:múned and, for pu¡poses of satisfying such net revenues test, make a pro forma determination of such net revenues fir <br /> the period of time rovered by the certificate cc report based upon such clJange in rates and cl:iarges as being in effect for the entire period <br /> rovered by the certificate er re¡xxt. The term. "net revenues" as used in this Sectiœ. 9.02 sball mean the gross revenues of the System <br /> after dedJlCtioo. of maintí."!1Rl1N". and opemtiDg expenses, but not deducting de¡n:ciaticn er expenditures which, under staDdani <br /> =mting practiœs, are classed as capital expenditures. <br /> -: <br /> (e) The Additiooal Parity Obligatiœs are made to mature on Fdxuaxy 15 cc August 15, either cc both, of each year in <br /> which they are schedulro to mature. <br /> (f) The crdinanœ authcrizing the Additiooal Parity Obligatiœs provides (i) that the Jnt:erest and Sinking Fund be <br /> 8J!g¡nentffi by amounts adequate to Arnm1ll1At,. the sum required to pay the ¡xincipal and interest on such obligatiœs as the same sball <br /> becane due; and (ii) the amount to be accumulated and maint"int">"! in the Reserve F1.IDd, ()[" such amount tDgethe:r with the amount ()[" <br /> amounts any Surety Policy er Policies, sball be increased to an amount not Jess than the avaage 8IJIlual ¡xincipal and interest <br /> require:menís of all Parity Revenue Obligatiœs to be OlIt..tRWIing after giving effect to the issuance of the proposed MÆtim,'¡ <br /> obligAtirnq, and any JldditiCYIR) amount required to be maintRiTlt'd in the Reserve Fund shall be accumulated within sixty-œe mœtbs <br /> fu:m the date of delivery of such Additiooal Parity Obligatioos. <br /> 20 <br />
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