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Ord 2013-020/Combination of Tax and Revenue Certificates of Obligation in an amount not to exceed $13,500,000
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Ord 2013-020/Combination of Tax and Revenue Certificates of Obligation in an amount not to exceed $13,500,000
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4/3/2014 11:13:43 AM
Creation date
6/10/2013 10:15:15 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2013-20
Date
4/2/2013
Volume Book
196
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Section 2.02. Revenue Pledge. <br />The Certificates are additionally secured by and shall be payable from a pledge of the Surplus <br />Revenues. The City shall deposit any Surplus Revenues or other lawful revenues being used to pay <br />debt service on the Certificates to the credit of the Interest and Sinking Fund created in Section <br />8.01(a)(i) of this Ordinance to the extent necessary to pay principal and interest on the Certificates. <br />Notwithstanding the requirement of Section 2.01(a)(b) and (c) above, if Surplus Revenues or other <br />lawful revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in <br />advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount <br />of taxes which otherwise would have been required to be levied pursuant to Section 2.01 may be <br />reduced to the extent and by the amount of the Surplus Revenues or other lawful revenues then on <br />deposit in the Interest and Sinking Fund or budgeted for deposit therein. <br />The City Manager is hereby ordered to do any and all things necessary to accomplish the <br />transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of <br />principal and interest. <br />Section 2.03. Perfection of Security Interest. <br />Chapter 1208, Texas Government Code applies to the issuance of the Certificates and the <br />pledge of the taxes and revenues granted by the City under Sections 2.01 and 2.02 of this Ordinance, <br />and such pledge, therefore, is valid, effective, and perfected. If Texas law is amended at any time <br />while the Certificates are outstanding and unpaid such that the pledge of the taxes granted by the City <br />under Section 2.01 of this Ordinance is to be subject to the filing requirements of Chapter 9, Texas <br />Business and Commerce Code, then in order to preserve to the registered owners of the Certificates <br />of the Certificates the perfection of the security interest in said pledge, the City agrees to take such <br />measures as it determines are reasonable and necessary under Texas law to comply with the <br />applicable provisions of Chapter 9, Business and Commerce Code and enable a filing to perfect the <br />security interest in said pledge to occur. <br />ARTICLE III <br />AUTHORIZATION; <br />GENERAL TERMS AND PROVISIONS <br />REGARDING THE CERTIFICATES <br />Section 3.01. Authorization. <br />(a) The recitals set forth in the preamble hereof are incorporated by reference herein and <br />shall have the same force and effect as if set forth in this Section. The certificates of the City of San <br />Marcos, Texas (the "City ") are hereby authorized to be issued and delivered, in one or more series, <br />in the maximum aggregate principal amount not to exceed $13,500,000 (the "Certificates ") for the <br />purpose of paying contractual obligations incurred or to be incurred by the City for:(1) improving <br />and upgrading the City airport including reconditioning the runway and acquisition of land; (2) <br />San Marcos CTRCO 2013: Ordinance 6 <br />
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