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O-1994-1974
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O-1994-1974
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Last modified
11/2/2016 3:38:54 PM
Creation date
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 />payment are insufficient for such purpose, and may be used for the purpose of fmally retiring the last of any <br />Parity Bonds. Beginning on May 15, 1994 and ending April 30, 1999, the City shall, from the Net Revenues in <br />the System Fund, deposit into the Reserve Fund an amount of money in equal monthly amounts (the "Monthly <br />Reserve Deposit") to achieve the Reserve Requirement (hereinafter described). Notwithstanding any provision <br />hereof to the contrary, no deposits shall be made into the Reserve Fund at a time when there is a deficiency in <br />the amount on deposit in the Interest and Sinking Fund nor shall any deposits be made into the Reserve Fund at <br />any time it contains an amount equal to or greater than the Reserve Requirement. If and whenever the balance <br />in the Reserve Fund is reduced below the Reserve Requirement, or if the City should fail timely to make any <br />Monthly Reserve Deposit in full, then and in either such event, the City shall, from the first available and <br />unallocated Net Revenues of the following month or months, cause amounts equal in the aggregate to any such <br />deficiency to be set apart and transferred into the Reserve Fund and such transfers shall be in addition to the <br />amounts otherwise required to be deposited into such Fund during such month or months. Surplus funds in the <br />Reserve Fund resulting from any reduction of the Reserve Requirement or otherwise shall be promptly <br />transferred from the Reserve Fund into the Interest and Sinking Fund, and payments into the Interest and Sinking <br />Fund from the System Fund shall be reduced accordingly. As used herein "Reserve Requirement" shall be the <br />lesser of (1) 10% of the face amount of the Parity Bonds, (2) 100% of the maximum annual debt service for the <br />Parity Bonds. or (3) 125% of average annual debt service for the Parity Bonds, <br /> <br />SECTION 12. INVESTMENTS, Money in any Fund established by the Parity Bonds Ordinances may, at <br />the option of the City, be placed or invested in "Pennitted Investments" as defined and used herein to mean, to <br />the extent pennitted by Texas law: <br /> <br />(1) direct obligations of (including obligatio~s issued or held in book entry fonn on the books of) the <br />Department of Treasury of the United States of 'America; <br /> <br />(2) obligations of any of the following federal agencies which obligations represent full faith and credit of <br />the United States of America, including: <br /> <br />Export - Import Bank <br />Fanners Home Administration <br />U,S. Maritime Administration <br />Small Business Administration <br />Government National Mortgage Association (GNMA) <br />U.S, Department of Housing and Urban Development (PHA's) <br />Federal Housing Administration; <br /> <br />(3) bonds, notes, or other evidences of indebtedness rated "AAA" by Standard & Poor's Rating Group <br />("S&P") and "Aaa" by Moody's Investors Service ("Moody's") issued by the Federal National Mortgage <br />Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding three <br />years; or <br /> <br />(4) U.S. dollar denominated deposit accounts, federal funds, and banker's acceptances with domestic <br />commercial banks which have a rating on their short tenn certificales of deposit on the date of purchase of "A-I" <br />or "A-l+" by S&P and "P_l" by Moody's and maturing no more than 360 days after the date of purchase. <br />(Ratings on holding companies are not considered as the rating of the bank); <br /> <br />Any obligation in which money from the Interest and Sinking Fund or the Reserve Fund are so invested <br />shall be kept and held in the depository bank of the City in escrow and in trust for the benefit of the owners of <br />the Parity Bonds, and shall be promptly sold and the proceeds of sale applied to the making of any payments <br />required to be made from the Interest and Sinking Fund or Reserve Fund, as the case may be. Except as <br />described in Section 20, all such investments shall at all times be a part of the Fund from which the money used <br />to acquire said invesunents shall have come and all earnings on such investments shall be credited to, and losses <br />thereon charged against, such Fund. Notwithstanding any provision hereof to the contrary, any investment of <br /> <br />12 <br />
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