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<br />e <br /> <br />e <br /> <br />money in the Interest and Sinking Fund shall b~ made so as to mature or be subject to redemption at the option <br />of the owner or holder thereof on or prior to the date or dates on which money therefrom will be required. <br /> <br />SECTION 13. FUNDS SECURED. Money in all Funds created by this Ordimmce, to the extent not <br />invested, shall be secured in the manner prescribed by law for securing funds of the City, <br /> <br />SECTION 14, ADDmONAL BONDS. In addition to inferior lien bonds authorized by Article lIlla, <br />Vernon's Texas Civil Statutes, as amended, the City expressly reserves the right hereafter to issue additional <br />parity bonds and other evidences of indebtedness now or hereafter authorized by the Legislature of Texas <br />(collectively, the "Additional Bonds"), and the Additional Bonds, when issued. may be secured by and payable <br />from a first lien on and pledge of the Net Revenues in the same manner and to the same extent as the <br />outstanding Parity Bonds but subject to the remaining provisions hereof, and the Previously Issued Parity Bonds, <br />the Bonds, and the Additional Bonds may be in all respects of equal dignity. It is provided, however, that no <br />Additional Bonds shall be issued unless: <br /> <br />(a) The Interest and Sinking Fund,' the Reserve Fund, and any similar fund or funds created by the <br />ordinance authorizing any Parity Bonds at the time outstanding shall each contain the amount then required to be <br />on deposit therein, and a certificate of such effect shall be executed and delivered by the Mayor and City <br />Secretary . <br /> <br />(b) As long as any of ~he Series 1985 Bonds are outstanding, the "net earnings" (defined below) of the <br />System for the fiscal year next preceding the month in which the ordinance authorizing such Additional Bonds is <br />adopted, were equal to each of the provisioris following in items (c) (i) and (ii) below, detennined independently <br />and certified by an independent finn of certified public accountants, based upon an annual audit of the books of <br />the System, <br /> <br />(c) Mter the Series 1985 Bonds are no longer outstanding, an independent finn of certified public <br />accountants, based upon an audit of the books of the System, certifies that the net earnings of the System for the <br />previous fiscal year, or for any 12 consecutive month period ending not more than 90 days prior to the date of <br />the adoption of the ordinance authorizing the Additional Bonds, were equal to each of the following detennined <br />independently: <br /> <br />(i) at least 1.50 times the average annual requirements for the payment of the principal of and <br />interest on the Parity Bonds then outstanding and on such Additional Bonds, when issued, sold, and <br />delivered: and <br /> <br />(ii) at least 1.25 times the maximum annual requirement for the payment of the principal of and <br />interest on the Parity Bonds then outstanding and on such Additional Bonds, when issued, sold, and <br />delivered: <br /> <br />provided, however, should the certificate of the accountant certify that the net earnings of the System for the <br />period covered thereby were, in either case, less than required above, and a change in the rates and charges for <br />the services afforded by the System became effective at least 60 days prior to the scheduled date of adoption of <br />the ordinance authorizing such Additional Bonds, then such Additional Bonds may nevertheless be issued if an <br />independent engineer or engineering fInn having a favorable reputation with respect to such mailers certifies that, <br />had such change in rates and charges been effective for the entire period covered by the accountant's certificate, <br />the net earnings for the System for the fiscal year covered by the accountant's certificate would have met the <br />tests specified in (i) and (ii) above. <br /> <br />The tenn "net earnings" as used in this Section shan mean all of the Net Revenues of the System, <br />exclusive of income received specifically for capital items, and operation and maintenance expenses shall <br />exclude expenditures which under standard accounting practice should be charged to capital expenditures or <br />depreciations. <br /> <br />13 <br />