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<br />. <br /> <br />e <br /> <br />Section 8. INVESTMENTS AND SECURITY, (a) Invesbnent of Foods. The City may place money in <br />any fund created by this Ordinance in time or demand deposits or invest such money as authorized by law and the <br />City's invesbnent policies at the time of such deposit; provided, however, that the City hereby covenants that the <br />{'roceeds of the sale of the Bonds will be used as soon as {)racticable for the {)UT(loses for which the Bonds are <br />issued. Obligations purchased as an invesbnent of money in a fund shall be deemed to be a part of such fund, <br /> <br />(b) AmOOOts Received from Investments. Except as otherwise provided by law, amooots received <br />from the investment of the Construction Food may be retained in such fund or deposited to the Interest and <br />SiQkins. Fund as determined b~ the Ci~ COijJlcil.. An~ amQunts received from the investment of the Interest <br />and Sinking Fund shall be deposited in the Interest and Sinking Fund. <br /> <br />(c) Security for Funds. All funds created by this Ordinance shall be secured in the manner and to the <br />fullest extent required by hlw for the security offundS of the City. <br /> <br />(d). Remainine; Foods. An~ money' remainins. a.fier the p~oses for which the Bonds have been <br />accomplished shall be deposited in the Interest and Sinking Fund and the Construction Fund shall be closed. <br /> <br />Section 9. 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 City and the Cooocil covenant and agree that in the event the City <br />defaults in the l'8yment 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 Food, 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 />Cooocil and other officers of the Ci~ to observe and {)erfonn any covenant, obli~ation, 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 shaJI im{)air any such ri8.ht or power, or shall be construed to be a waiver of an~ such default or acquiescence <br />therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. <br />The specific remedies mentioned in this Ordinance shall be available to any owner of any of the Bonds and shall be <br />cumulative of all other existing remedies. . <br /> <br />Section 10. pEFEASANCE OF BONDS, (a) Any Bond and the interest thereon shall be deemed to be <br />paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the <br />extent {'rovided in subsection (c) of this Section, when pa~ent of the principal of such Bond, plus interest thereon <br />to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have <br />been made or caused to be made in accordance with the terms thereof (includin& the ~ving of any required notice of <br />redemption) or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making <br />available to the Paring Agent/Registrar for such payment (A) lawful mone~ of the United States of America <br />sufficient to make such payment or (B) Government Obligations (hereinafter defined) which mature as to principal <br />and interest in such amooots and at such times as will insure the availabili~, without reinvesbnent, of sufficient <br />money to provide for such payment, and when proper arrangements have been made by the City with the Paying <br />Agent/Registrar for the payment of its services ootil all Defeased Bonds shall have become due and payable. At <br />suCh time 'as a Bond shall be deemed to be a Defuased Bond hereooder, as aforesaid, such Bond and the interest <br />thereon shall no longer be secured by, payable from, or entitled to the benefits ot: the ad valorem taxes herein levied <br />and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money <br />or Government Obligations. <br /> <br />(b) MIY tnQn.e~ ~ depo$ited with tJte Pa~& AgentlRegistrar ma~ at the written direction of the City also <br />be invested in Government Obligations, maturing in the amooots and times as hereinbefore set forth, and all income <br />frQm ~t;h Go\,~~~ Obligations received by the Paying A8.entlRegistrar which is not required for the payment of <br />the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the <br />City, or deposited as directed in writing by the City. <br /> <br />(c) The term "Government Obli8ations" as used in this Section, shall mean direct obligations of the United <br />States of America, including obligations the principal of and interest on which are ooconditionally guaranteed by the <br /> <br />06~9~9.0001 ~USTIN 280348 <br /> <br />10 <br />