Res 1995-121 - Laserfiche WebLink

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/OZßA The City hereby covenants that so long as any principal or interest pertaining to any Parity Revenue Obligations remain outstanding and unpaid, it will not authorize or issue further Priority Obligations (including obligations to refund outstanding Priority Obligations) secured by a lien on or pledge of the net revenues of the System superior to the lien ascnòed to the Parity Revenue Obligations. Section 9.02. Issuance of Additional Paritv Obligations Authorized. In addition to the right to issue obligations of inferior lien as authorized by the laws of this State, the City reserves the right to issue Additional Parity Obligations which, when duly authorized and issued in compliance with law and the tenns and conditions hereinafter appearing, shall be on a parity with the Bonds herein authorized, payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System; and the Bonds and Additional Parity Obligations shall in all respects be of equal dignity. The Additional Parity Obligations may be issued in one or more installments, provided, however, that none shall be issued unless and until the following conditions have been met: (a) The City is not then in default as to any covenant, condition or obligation prescribed in an ordinance authorizing the issuance of the outstanding Priority Obligations or Parity Revenue Obligations. (b) The proposed Additional Parity Obligations shall have been approved by the Attorney General of Texas. (c) Each of the Funds created for the payment, security and benefit of the Priority Obligations and Parity Revenue Obligations còntains the amount of money then required to be on deposit therein. (d) The City has secured from a Certified Public Accountant a certificate or report reflecting that for the fiscal year next preceding the date of the proposed Additional Parity Obligations or a consecutive twelve (12) month period out of the fifteen (15) month period next preceding the month in which the ordinance authorizing the proposed Additional Parity Obligations is adopted, the "net revenues" of the System were equal to at least 1.20 times the combined average annual principal and interest requirements on all Parity Revenue Obligations to be outstanding after the issuance of the proposed Additional Parity Obligations. In making a detennination of such net revenues, the Certified Public Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System"that became effective at least sixty (60) days prior to the last day of the period for which such net revenues are detennined and, for purposes of satisfying such net revenues test, make a pro fonna detennination of such net revenues for the period of time covered by the certificate or report based upon such change in rates and charges as being in effect for the entire period covered by the certificate or report. The tenn "net revenues" as used in this Section 9.02 shall mean the gross revenues of the System after deduction of maintenance and operating expenses, but not deducting depreciation or expenditures which, under standard accounting practices, arc classed as capital expenditures. (e) The Additional Parity Obligations are made to mature on February 15 or August 15, either or both, of each year in which they are scheduled to mature. (f) The ordinance authorizing the Additional Parity Obligations provides (i) that the Interest and Sinking Fund be augmented by amounts adequate to accumulate the sum required to pay the:: principal and interest on such obligations as the same shall become due, and (ü) the amount to be accumulated and maintained in the Reserve Fund, or such amount together with the amount or amounts any Surety Policy or Policies, shall be increased to an amount not less than the average annual principal and interest requirements of all Parity Revenue Obligations to be outstanding after giving effect to the issuance of the proposed additional obligations, and any additional amount required to be maintained in the Reserve Fund shall be:: accumulated within si.'tty-one months from the date of delivery of such Additional Parity Obligations. Parity Revenue Obligations may be refunded (pursuant to any law then available) upon such terms and conditions as the governing body of the City may deem to the best interest of the City and its inhabitants; and if less than all such outstanding Parity Revenue Obligations are refunded, the proposed refunding obligations shall be considered as . Additional Parity Obligations~ under the provisions of this Section, and the report or certificate required by paragraph (d) shall give effect to the issuance of the proposed refunding obligations and shall not give effect to the obligations being refunded. * * * Section 10.01. Rates and Charges. The City covenants and agrees with the Owners of the Bonds that 50 long as any Parity Revenue Obligations, or any interest thereon, remain outstanding and unpaid, it will charge and collect for services rendered by the System amounts sufficient at all times to: