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O-1994-1974
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O-1994-1974
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11/2/2016 3:38:54 PM
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7/24/2006 11:33:01 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 />deed of trust on any ree'll, personal, or mixed properties constituting the System. The Registered Owner of the <br />Parity Bonds shall never have the right to demand payment of such obligations out of any funds raised or to be <br />raised by taxation, or fTom any source whatsoever other than the Net Revenues, This Ordinance shall not be <br />construed as requiring the City to expend any funds which are derived from sources other than the operation of <br />the System, but nothing herein shall be construed as preventing the City from doing so. <br /> <br />SECTION 8. RATES. TIle City covenants and agrees with the holders of the Parity Bonds that it will: <br /> <br />(a) fIX and maintain rates and collect charges for the facilities and services afforded by the System which <br />will provide revenues sufficient at all times: <br /> <br />(1) To pay all operation, maintenance, depreciation, replacement, and bettennent charges of the <br />System; <br /> <br />(2) To establish and maintain the Interest and Sinking Fund; <br /> <br />(3) To genemte in each year, Net Revenues equal to one and twenty-five hundredths (1.25) times the <br />maximum annual requirement for the payment of the principal of and interest on the Parity Bonds at the <br />time outstanding (although amounts shall be paid into the Interest and Sinking Fund and the Reserve Fund <br />only in accordance with Sections 10 and 12 hereof); and <br /> <br />(4) To pay all indebtedness outstanding against the System, other than the Parity Bonds, as and when <br />the same become due; and ' <br /> <br />(b) deposit as collected all revenues derived fTom the opemtion of the System into the System Fund. <br /> <br />SECTION 9. SYSTEM FUND, There has been created and established on the books of the City, and <br />accounted for separate and apart from all other funds of the City, a special fund entitled the "City of La Porte, <br />Texas, Waterworks and Sewer System Fund" (the "System Fund"). All gross revenues are and shall be credited <br />to the System Fund immediately upon receipt. The necessary and reasonable expenses of opemtion and <br />maintenance of the System shall first be paid from the System Fund upon approval of the City Council and, from <br />the Net Revenues available in the System Fund, the City shall then make substantially equal monthly payments <br />into the Interest and Sinking Fund (commencing with respect to the Bonds and any Additional Bonds on the date <br />of delivery to the initial purchaser thereof) during each year in which any of the Parity Bonds are outstanding in <br />an aggregate amount equal to 100% of the amounts required to meet the interest and principal payments falling <br />due on or before the next maturity date of the Parity Bonds. The City shall, at least five days prior to September <br />15, 1994, and each March 15 and September 15 thereafter, deposit into the Interest and Sinking Fund any <br />additional Net Revenues available in the System Fund which may be necessary to pay in full the interest on and <br />principal, if any, coming due on such March 15 or September 15. In no event shall any amount in excess of the <br />amounts stated above be placed in the Interest and Sinking Fund for the payment of the interest on or principal <br />of the Parity Bonds, and any amount so placed may be wilhdrawn by the City and replaced in the System Fund. <br />Any funds remaining in the System Fund, after provision for the necessary and reasonable cost of operating and <br />maintaining the System, and after paying the aforesaid amounts required to be paid into the Interest and Sinking <br />Fund and the Reserve Fund, may be used by the City for any lawful purpose. <br /> <br />SECTION 10. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and <br />interest on the Parity Bonds, as the same come due, there has been created and established on the books of the <br />City a separate fund entitled the "City of La Porte, Texas, Waterworks and Sewer System Bonds Interest and <br />Sinking Fund" (the "Interest and Sinking Fund"), <br /> <br />SECTION 11, RESERVE FUND, There has been created and established on the books of the City at the <br />City's depository bank a separate fund entitled the "City of La Porte, Texas, Waterworks and Sewer System <br />Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest <br />on any Parity Bonds when and 10 the extent the amounts in the Interest and Sinking Fund available for such <br /> <br />11 <br />
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