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<br />e <br /> <br />e <br /> <br />(c) Such Additional Bonds are made to mature on March 15th in each of the years in which they are <br />scheduled to mature, <br /> <br />(d) The City shall establish a reserve fund for such Additional Bonds by providing a cash reserve fund <br />therefor, a surety bond in lieu thereof, or a combination of such cash reserve fund and surety bond, all as the <br />City Council deems reasonable and appropriate provided that (i) the amount of any such cash reserve fund or the <br />coverage of any surety bond in lieu thereof or the amount of such cash reserve fund and the coverage of such <br />surety bond when added together shall at least equal the maximum annual debt service requirements of such <br />Additional Bonds, not to exceed the maximum pennitted by applicable regulations, procedures, or published <br />rulings of the Internal Revenue Service (the "Reserve Minimum"); (ii) if any cash reserve fund is funded by <br />making transfers of Net Revenues in the System Fund, such transfers shall be made each month in an amount <br />reasonably sufficient to reach the Reserve Minimum (or the portion thereof which is to be provided by such cash <br />reserve fund) within a period of not more than five years after such Additional Bonds are sold and delivered; <br />(iil) any such cash reserve fund may be combined with the Reserve Fund herein provided for the Bonds and with <br />the cash reserve fund provided for any Additional Bonds then outstanding in order ratably to secure all Parity <br />Bonds then outstanding and the Additional Bonds then being issued; (iv) any such surety bond provided in lieu <br />of a cash reserve fund shall be issued by an insurance company or association of companies whose insured <br />obligations are rated by Moody's Investors Service and by Standard & Poor's Rating Group in their highest <br />rating categories; and (v) any such surety bond may be written (or amended) to provide coverage not only for <br />such Additional Bonds but also pro rata for the Parity Bonds then outstanding, provided, any existing cash <br />reserve fund or surety fund in lieu thereof which secures any such outstanding Parity Bonds is extended ratably <br />to secure the Additional Bonds then being issued. It is the City's intention hereby to provide maximum <br />flexibility with respect to the reserve fund to be provided for any Additional Bonds which may be issued <br />hereafter and the foregoing provisions shall be liberally construed in order to achieve that objective without <br />materially prejudicing the rights and interests of the owners of any Parity Bonds at the time outstanding. <br /> <br />SECTION 15. GENERAL COVENANTS. The City further covenants, warrants, and agrees that in <br />accordance with and to the extent required or pennitted by law while the Parity Bonds are outstanding and <br />unpaid: <br /> <br />(a) Perfonnance, It will faithfully perfonn at all times any and all covenants, undertakings, stipulations, <br />and provisions contained in each Parity Bonds Ordinance, and in each and every Parity Bond; it will promptly <br />pay or cause to be paid the principal of and interest on every Parity Bond, on the dates and in the places and <br />manner prescribed in the Parity Bonds Ordinances; and it will, at the times and in the manner prescribed, deposit <br />or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve <br />Fund; and any holder of the Parity Bonds may require the City, its officials and employees to carry out, respect, <br />or enforce the covenants and obligations of the Parity Bonds Ordinances by all legal and equitable means, <br />including specifically, but without limitation, the use and filing of mandamus proceedings in any court of <br />competent jurisdiction against the City, its officials and employees. <br /> <br />(b) City's Lel!al Authority, It is a duly created and existing home rule city of the State of Texas, and is <br />duly authorized under the laws of the State of Texas to create and issue the Parity Bonds; it has the lawful <br />power to pledge the revenues supporting the Bonds and has lawfully exercised said power under the Constitution <br />and laws of the State of Texas, including said power existing under Articles 1111 to 1118, both inclusive, <br />Revised Civil Statutes of the State of Texas, as amended; the Bonds issued hereunder shall be ratably secured by <br />said pledge of income, in such manner Ihat one Bond shall have no preference over any other Bond; all action <br />on its part for the creation and issuance of said obligations has been duly and effectively taken; and said <br />obligations in the hands of the holders and owners thereof are and will be valid and enforceable special <br />obligations of the City in accordance with their tenns, <br /> <br />(c) Title. It has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the <br />System; it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part <br />thereof, for the benefit of the holders and owners of the Parity Bonds, against the claims and demands of all <br /> <br />14 <br />