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O-1991-1755
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O-1991-1755
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Last modified
11/2/2016 3:38:50 PM
Creation date
10/25/2006 4:33:17 PM
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Legislative Records
Legislative Type
Ordinance
Date
5/14/1991
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<br />. <br /> <br />e <br /> <br />" System Fund, after provision for the necessary and reasonable cost of <br />operating and maintaining the System, and after paying the aforesaid <br />amounts required to be paid' into the Interest and Sinking Fund and the <br />Reserve Fund, may be used by the City for any lawful purpose. <br /> <br />SECTION 11. INTEREST AND SINKING FUND. For the sole <br />purpose of paying the principal of and interest on the Parity Bonds, as the <br />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 <br />Sewer System Bonds Interest and Sinking Fund" (the "Interest and Sinking <br />Fund") . <br /> <br />SECTION 12. RESERVE FUND. There has been created and <br />established on the books of the City at the City's depository bank a <br />separate fund entitled the "City of La Porte, Texas, Waterworks and Sewer <br />System Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund <br />shall be used to pay the principal of and interest on any Parity Bonds when <br />and to the extent the amounts in the Interest and Sinking Fund available for <br />such payment are insufficient for such purpose, and may be used for the <br />purpose of finally retiring the last of any Parity Bonds. Beginning on June <br />15, 1991 and ending May 31" 1996, the City shall, from the Net Revenues in <br />the System Fund, deposit hito the Reserve Fund an amount of money in <br />equal monthly amounts (the "Monthly Reserve Deposit") to achieve the <br />Reserve Requirement (hereinafter described). Notwithstanding any provision <br />hereof to the contrary, no deposits shall be made into the Reserve Fund at <br />a time when there is a deficiency in the amount on dep'osit in the Interest <br />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 <br />Requirement. If and whenever the balance in the Reserve Fund is reduced <br />below the Reserve Requirement, or if the City should fail timely to make any <br />Monthly Reserye Deposit in full, then and in either such event, the City <br />shall, from the' first available and unallocated Net Revenues of the following <br />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 <br />transfers shall be in addition to the amounts otherwise required to be <br />deposited into such Fund during such month or months. Surplus funds in <br />the Reserve Fund resulting Crom any reduction oC the Reserve Requirement <br />or otherwise shall be promptly transferred Crom the Reserve Fund into the <br />Interest and Sinking Fund, and payments into the Interest and Sinking Fund <br />from the System Fund shall be reduced accordingly. As used herein <br />"Reserve Requirement" shall be the lesser of (1) 10% of the face amount of <br />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 <br />Bonds. <br /> <br />SECTION 13. INVESTMENTS. Money in any Fund established by <br />the Parity Bonds Ordinances may, at the option of the City, be placed or <br />invested in "Permitted Investments" as defined and used herein to mean, to <br />the extent permitted by Texas law: <br /> <br />(1) direct obligations of (including obligations issued or held in <br />book entry form on the books of) the Department of Treasury of the United <br /> <br />14 <br />
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