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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
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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 />53411I( <br /> <br />Section 10.04. Special Covenants. <br /> <br />The City hereby further covenants as follows: <br /> <br />(a) The City has the lawful power to pledge the net revenues supporting this issue of <br />Bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, <br />including said power existing under Tex. Rev. Civ. Stat. Ann. art. 1111 et seq., as amended; that the <br />Bonds and the Additional Parity Obligations, when issued, shall be ratably secured under said pledge <br />in such manner that one issue ofParity Revenue Obligations shall have no preference over any other <br />Issue. <br /> <br />(b) Other than for pledge made for the payment and security of the Parity Revenue <br />Obligations to be outstanding follm,ving issuance of the Bonds and certain obligations of the City <br />secured by and payable from a lien on and pledge of the Net Revenues inferior to those securing <br />payment ofthe Bonds, the Net Revenues of the System have not in any manner been pledged to the <br />payment of any debt or obligation of the City or of the System. <br /> <br />(c) So long as any of the Bonds or any interest thereon remain outstanding, the City will <br />not sell or encumber the System or any substantial part thereof, provided that this shall not be <br />construed to prohibit the sale of such machinery or other properties or equipment which has become <br />obsolete or otherwise unsuited to the efficient operation of the System; also, with the exception of <br />the Additional Parity Obligations expressly permitted by this Ordinance to be issued, it will not <br />encumber the net revenues of the System unless such encumbrance is made junior and subordinate <br />to all of the provisions of this Ordinance. <br /> <br />(d) No free service of the System shall be allowed, and should the City or any of its <br />agencies or instrumentalities make use of the services and facilities of the System, payment of the <br />reasonable value thereof shall be made by the City out of moneys from sources other than the <br />revenues and income of the System. <br /> <br />(e) To the extent that it legally may, the City further covenants and agrees that, as long <br />as any Parity Revenue Obligations, or any interest thereon, are outstanding, no franchise shall be <br />granted for the installation or operation of any competing waterworks or sewer system; and that the <br />City will prohibit the operation of any water system or sewer system other than those owned by the <br />City, and the operation of any such system by anyone other than this City is hereby prohibited. <br /> <br />Section 10.05. Payment of the Bonds. <br /> <br />'While any of the Bonds are outstanding and unpaid, there shall be made available to the <br />Paying AgentJRegistrar, out of the Interest and Sinking Fund, money sufficient to pay the interest on <br />and the principal of the Bonds, as applicable, as will accrue or mature on each applicable Interest <br />Payment Date. <br /> <br />~\SA.'''MAR\WWSSRL9rDOC5'OMNa.0l1 .t l:F <br /> <br />34 <br />
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