|
(n) Sale or Disposal of Property. While the Parity Debt is Outstanding and unpaid, the City
<br />will not sell, convey, mortgage, encumber, lease or in any manner transfer title to, or otherwise
<br />dispose of the Electric Utility System, or any significant or substantial part thereof; provided that
<br />whenever the City deems it necessary to dispose of any property, machinery, fixtures or equipment,
<br />it may sell or otherwise dispose of such property, machinery, fixtures or equipment when it has
<br />made arrangements to replace the same or provide substitutes therefor, unless it is determined by
<br />an Authorized Representative that no such replacement or substitute is necessary; and, provided
<br />further, that the City retains the right to sell, convey, mortgage, encumber, lease or otherwise dispose
<br />of any significant or substantial part of the Electric Utility System if (i) the Authorized
<br />Representative delivers a certificate to the City Council to the effect that, following such action by
<br />the City, the Electric Utility System is expected to produce Gross Revenues in amounts sufficient
<br />in each Fiscal Year while the Parity Debt is to be Outstanding to comply with the obligations of the
<br />City contained in this Master Ordinance, (ii) the City Council makes a finding and determination
<br />to the same effect as the certificate of the Authorized Representative set forth in (i) above and (iii)
<br />for insured Parity Debt, the Net Revenues for the Fiscal Year prior to such sell, conveyance,
<br />mortgage, encumbrance, lease or disposal of any significant or substantial part of the Electric Utility
<br />System are at least equal to 1.35 times the average Annual Debt Service requirements or for
<br />uninsured Parity Debt, each Rating Agency then maintaining a rating on such Parity Debt delivers
<br />a letter to the City to the effect that such sale, conveyance, mortgage, encumbrance, lease or other
<br />disposition of a significant or substantial part of the Electric Utility System will not cause the Rating
<br />Agency to withdraw or lower the rating then in effect. Proceeds from any sale hereunder not used
<br />to replace or provide for substitution of such property sold, shall be used for improvements to the
<br />Electric Utility System or to purchase or redeem Parity Debt.
<br />(o) Insurance. The City shall cause to be insured such parts of the Electric Utility System
<br />as would usually be insured by municipal corporations operating like properties, with a responsible
<br />insurance company or companies, against risks, accidents or casualties against which and to the
<br />extent insurance is usually carried by municipal corporations operating like properties, including,
<br />to the extent reasonably obtainable at reasonable cost, fire and extended coverage insurance,
<br />insurance against damage by floods, and use and occupancy insurance. Public liability and property
<br />damage insurance shall also be carried unless the City Attorney of the City gives a written opinion
<br />to the effect that the City is not liable for claims which would be protected by such insurance. At
<br />any time while any contractor engaged in construction work shall be fully responsible therefor, the
<br />City shall not be required to carry insurance on the work being constructed if the contractor is
<br />required to carry appropriate insurance. All such policies shall be open to the inspection of the
<br />Owners and their representatives at all reasonable times. Upon the happening of any loss or damage
<br />covered by insurance from one or more of said causes, the City shall make due proof of loss and
<br />shall do all things necessary or desirable to cause the insuring companies to make payment in full
<br />directly to the City. The proceeds of insurance covering such property are hereby pledged as
<br />security for the Parity Debt and, together with any other funds necessary and available for such
<br />purpose, shall be used forthwith by the City for repairing the property damaged or replacing the
<br />property destroyed; provided, however, that if said insurance proceeds and other funds are
<br />insufficient for such purpose, then said insurance proceeds pertaining to the Electric Utility System
<br />shall be used promptly as follows:
<br />SanMARCOS \ElectricUtilSysRevBonds \2013: MasterOrdinance 8
<br />
|