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Ord 1995-047
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Ord 1995-047
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Last modified
6/26/2007 2:51:31 PM
Creation date
6/26/2007 2:51:31 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1995-47
Date
7/24/1995
Volume Book
120
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<br />"3"511 J <br /> <br />ARTICLE IX <br /> <br />ADDITIONAL OBLIGATIONS <br /> <br />Section 9.01. Issuance of Additional Parity Obligations Authorized. <br /> <br />In addition to the right to issue obligations of inferior lien as authorized by the laws of this <br />State, the City reserves the right to issue Additional Parity Obligations which, when duly autho.rized <br />and issued in compliance with law and the terms and conditions hereinafter appearing, shall be on a <br />parity with the Bonds herein authorized, payable from and equally and ratably secured by a lien on <br />and pledge of the Net Revenues of the System; and the Bonds and Additional Parity Obligations shall <br />in all respects be of equal dignity. The Additional Parity Obligations may be issued in one or more <br />installments, provided, however, that none shall be issued unless and until the following conditions <br />have been met: <br /> <br />(a) The City is not then in default as to any covenant, condition or obligation prescribed <br />in an ordinance authorizing the issuance of the outstanding Parity Revenue Obligations. <br /> <br />(b) The proposed Additional Parity Obligations shall have been approved by the Attorney <br />General of Texas. <br /> <br />(c) Each of the Funds created for the payment, security and benefit. of the Parity Revenue <br />Obligations contains the amount of money then required to be on deposit therein. <br /> <br />(d) The City has secured from a Certified Public Accountant a certificate or report <br />reflecting that for the fiscal year next preceding the date of the proposed Additional Parity Obligations <br />or a consecutive twelve (12) month period out of the fifteen (15) month period next preceding the <br />month in which the ordinance authorizing the proposed Additional Parity Obligations is adopted, the <br />"net revenues" of the System were equal to at least 1.20 times the combined average annual principal <br />and interest requirements on all Parity Revenue Obligations to be outstanding after the issuance of <br />the proposed Additional Parity Obligations. In making a determination of such net revenues, the <br />Certified Public Accountant may take into consideration a change in the rates and charges for services <br />and facilities afforded by the System that became effective at least sixty (60) days prior to the last day <br />of the period for which such net revenues are determined and, for purposes of satisfying such net <br />revenues test, make a pro forma determination of such net revenues for the period of time covered <br />by the certificate or report based upon such change in rates and charges as being in effect for the <br />entire period covered by the certificate or report. The term "net revenues" as used in this Section <br />9.02 shall mean the gross revenues of the System after deduction of maintenance and operating <br />expenses, but not deducting depreciation or expenditures which, under standard accounting practices, <br />are classed as capital expenditures. <br /> <br />(e) The Additional Parity Obligations are made to mature on February 15 or August IS, <br />either or both, of each year in which they are scheduled to mature. <br /> <br />a;',sM'MAR\W"NSSlU.,rDOCS\ORDNa..ozi' "1 'F <br /> <br />31 <br />
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