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Ord 2013-023/Electric System Revenue Bonds in an amount not to exceed $19,500,000
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Ord 2013-023/Electric System Revenue Bonds in an amount not to exceed $19,500,000
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Last modified
4/3/2014 11:14:12 AM
Creation date
6/10/2013 10:44:52 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2013-23
Date
4/2/2013
Volume Book
196
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Obligation Payments and (iii) to retire the last Stated Maturity or Stated Maturities of or interest on <br />the Bonds. The Reserve Account is solely for the benefit of this series of Bonds and is not available <br />to pay Annual Debt Service Requirements on any other Parity Debt. <br />(b) When and for so long as the cash, investments and Reserve Account Obligations in the <br />Reserve Account equal the Required Reserve Amount, no deposits need be made to the credit of the <br />Reserve Account; but, if and when the Reserve Account at any time contains less than the Required <br />Reserve Amount, the City covenants and agrees that the City shall cure the deficiency in the Reserve <br />Account by resuming the deposits to such Account from the Pledged Revenues by monthly deposits <br />and credits in amounts equal to not less than 1 /60th of the Required Reserve Amount with any such <br />deficiency payments being made on or before each interest payment date until the Required Reserve <br />Amount has been fully restored; provided, however, that no such deposits shall be made into the <br />Reserve Account during any six month period beginning on an interest payment date until there has <br />been deposited into the Interest and Sinking Account the full amount required to be deposited <br />therein by the next following semi - annual payment date, as the case may be. In addition, in the <br />event that a portion of the Required Reserve Amount is represented by a Reserve Account <br />Obligation, the Required Reserve Amount shall be restored as soon as possible from monthly <br />deposits of Pledged Revenues on deposit in the System Account, but subject to making the full <br />deposits and credits to the Interest and Sinking Account required to be made by the next following <br />interest payment date, as the case maybe. The City further covenants and agrees that, subject only <br />to the prior deposits and credits to be made to the Interest and Sinking Account, the Pledged <br />Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve <br />Amount, including by paying Reserve Account Obligation Payments when due, and to cure any <br />deficiency in such amounts as required by the terms of this First Supplement. <br />During such time as the Reserve Account contains the Required Reserve Amount, the <br />obligation to maintain the Required Reserve Amount has been suspended pursuant to subsection (d) <br />below or any cash is replaced with a Reserve Account Obligation pursuant to subsection (c) below, <br />the City may, at its option, withdraw all surplus funds in the Reserve Account and deposit such <br />surplus in the Interest and Sinking Account or otherwise use such amount in any manner permitted <br />by law unless such surplus is required to be rebated in which case such event shall be deposited into <br />the Rebate Account. <br />(c) A Reserve Account Obligation issued in an amount equal to all or part of the Required <br />Reserve Amount for the Bonds may be used in lieu of depositing cash into the Reserve Account. <br />In addition, a Reserve Account Obligation may be substituted for monies and investments in the <br />Reserve Account if the substitution of the Reserve Account Obligation will not, in and of itself, <br />cause any ratings then assigned to the Bonds by any rating agency to be lowered and the ordinance <br />authorizing the substitution of the Reserve Account Obligation for all or part of the Required <br />Reserve Amount contains a finding that such substitution is cost effective. <br />(d) Notwithstanding anything to the contrary contained herein, the requirement set forth in <br />subsection (a) above to maintain the Required Reserve Amount in the Reserve Account shall be <br />suspended for such time as the Net Revenues for each Fiscal Year are equal to at least 1.35 times <br />the average Annual Debt Service Requirements. In the event that the Net Revenues for any Fiscal <br />SanMARCOS \ElectricUtilSysRevBonds \2013: 1 stSuppOrdinance 14 <br />
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