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Ord 1994-059
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Ord 1994-059
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Last modified
6/29/2007 11:24:11 AM
Creation date
6/29/2007 11:24:11 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1994-59
Date
7/25/1994
Volume Book
116
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<br /> ?:iff!: <br /> ARTICLE X <br /> PARTICULAR REPRESENTATIONS AND COVENANTS <br /> Section 10,01. Rates and Charges, <br /> <br /> The City covenants and agrees with the Owners of the Bonds that so long as any Priority <br /> Obligations or Parity Revenue Obligations, or any interest thereon, remain outstanding and unpaid, it will <br /> charge and collect for services rendered by the System amounts sufficient at all times to: <br /> ~ (a) Pay all operating, maintenance, depreciation, replacement and betterment expenses, and <br /> j other costs deductible in determining Net Revenues; <br /> (b) Establish and fully maintain all special Funds provided for the benet1t of the outstanding <br /> Priority Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance <br /> thereof; <br /> (c) Establish and maintain the Interest and Sinking Fund and Reserve Fund created for the <br /> payment and security of the Parity Revenue ObUgations; and <br /> (d) Pay the requirements of all other outstanding lawful indebtedness of the System as and <br /> when the same becomes due. <br /> Section 10.02. Maintenance and Operation: Insurance, . <br /> <br /> The City shall maintain the System in good condition and operate the same in an efficient manner <br /> and at reasonable cost. So long as any Parity Revenue Obligations are outstanding, the City agrees to <br /> maintain insurance for the benefit of the holder or holders of the obUgations on the System of a kind and <br /> in an amount which usually would be carried by private companies engaged in a similar type of business. <br /> Nothing in this ordinance shall be construed as requiring the City to expend any funds which are derived <br /> from sources other than the operation of the System, but nothing herein shall be construed as preventing <br /> the City from doing so. <br /> - Section 10.03. Records: Accounts: Accounting Reports, <br /> ! <br /> The City hereby covenants and agrees that so long as any Parity Revenue Obligations, or any <br /> interest thereon, remain outstanding and unpaid, it will keep and maintain a proper and complete system <br /> of records and accounts pertaining to the operation of the System, separate and apart from all other <br /> records and accounts, in which complete and correct entries shall be made of all transactions relating <br /> thereto, as provided by Article 1113, V.A,T.C,S" and that the owner or owners of any of said Parity <br /> Revenue Obligations or any duly authorized agent or agents of such owners shall have the right at all <br /> reasonable times to inspect all such records, accounts and data relating thereto, and to inspect the System <br /> and all properties comprising same, The City further agrees that within 90 days following the close of <br /> each t1scal year, it will cause an audit of such books and accounts to be made by an independent t1rm of <br /> Certified Public Accountants or Licensed Public Accountants. Each such audit, in addition to whatever <br /> other maaers may be thought proper by the Accountant, shall particularly include the following: <br /> (a) A detailed statement of the income and expenditures of the System for such t1scal year. <br /> SAN M AR'.\"WSS9-I'DOCS\O RD N CE:O"..7 ,H:H B B F <br /> 28 <br />
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