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O-1994-1973
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O-1994-1973
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:31:53 AM
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Legislative Records
Legislative Type
Ordinance
Date
3/17/1994
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<br />e <br /> <br />e <br /> <br />[FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS]'" <br />"'To be printed or attached to Initial Bond only <br /> <br />COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. <br /> <br />I hereby certify that this Bond has been examined. certified as to validity, and approved by the Attorney <br />General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the <br />State of Texas. <br /> <br />Witness my signature and seal this <br /> <br />COMPTROLLER'S SEAL <br /> <br />Comptroller of Public Accounts of the State of Texas <br /> <br />[END OF FORMS] <br /> <br />SECTION 5. TAX LEVY, A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby <br />created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained <br />by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and <br />apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal <br />of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as <br />collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon <br />are outstanding and unpaid, the Council shall compute and ascertain a rate and amount of ad valorem tax which will <br />be sufficient to raise and produce the money required to .pay the interest on the Bonds as such interest comes due, <br />and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but <br />never less than 2% of the original principal amount of said Bonds as a sinking fund each year); and said tax shall <br />be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the <br />cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, <br />against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding <br />and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid <br />Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and <br />principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, <br />within the limit prescribed by law. <br /> <br />SECTION 6, DISPOSITION OF BOND PROCEEDS, The proceeds of the Bonds shall be placed into the <br />Interest and Sinking Fund and the Escrow Fund of the Issuer as follows: <br /> <br />(a) Interest and SinkiDJ~ Fund, An amount equal to the accrued interest on the Bonds from the date of the <br />Bonds to the date of delivery to the Initial Purchaser shall be deposited in the Interest and Sinking Fund. <br /> <br />(b) Escrow Fund. The proceeds of the Bonds remaining after the above described deposit into the Interest and <br />Sinking Fund shall be placed in the Escrow Fund (after created) to be used by the Issuer for the purposes described <br />in the Escrow Agreement hereafter authorized. <br /> <br />SECTION 7. REMEDIES OF OWNERS. In addition to all rights and remedies of any Owner of the Bonds <br />provided by the laws of the State of Texas, the Issuer and the Council covenant and agree that in the event the Issuer <br />defaults in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments <br />required by this Ordinance to be made into the Interest and Sinking Fund. or defaults in the observance or <br />performance of any of the covenants, conditions, or obligations set forth in this Ordinance, the owner of any of the <br />Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the <br />Council and other officers of the Issuer to observe and perform any covenant, obligation, or condition prescribed in <br />this Ordinance, No delay or omission by any owner to exercise any right or power accruing to such owner upon <br />default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence <br /> <br />10 <br />
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