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HomeMy WebLinkAbout0025_0023shall be continuously secured by a valid pledge of direct obli- gations of, or obligations unconditionally guaranteed by, the United States Government, having a par value, or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in the several funds in the depository. Section 14. ADDITIONAL BONDS.: In addition to the right to issue bonds of inferior lien as authorized by the laws of this State, the Issuer reserves the right to issue further and additional bonds from time to time payable from the net income and revenues of the Utility System; and, when issued in compliance with law and the terms and conditions hereinafter appearing, such Additional Bonds shall be equally secured by a first lien on and pledge of the Pledged Revenues; and the Additional Bonds, when issued, shall be payable from the Utility System Revenue bonds Interest and Sinking .Fund and shall be in all respects of equal dignity and on a parity with the Parity Bonds, PROVIDED, that in each instance: (a) the' Additional Bonds are authorized and issued in conformity with the Constitution and applicable statutes of the State of Texas; (b) the Bond Fund, the Reserve Fund and the Contingency Fund contain the amount of money then required to be on deposit therein and the Issuer is in compliance with all other coven- ants and undertakings in connection with all bonds then out- standing and payable from the Net Revenues of the Utility, System; (C) the Net Revenues of the Utility System for either the fiscal_. year ,or twelve-month period next preceding ;the date of the passage of an ordinance authorizing the issuance of the Additional Bonds ar certified by a certified public accountant to have. been at least equal to one and one-half times the average annual principal and interest requirements on all bonds then outstanding against the Utility System and the bonds then to be issued; (d) a competent independent engineer certifies in writing that in his opinion the average annual net earnings throughout the life of the bonds then outstanding against the Utility Sys- tem and the bonds then to issued shall be at least equal to one and one-half times the average annual principal and interest requirements on all bonds then outstanding against the Utility System and the bonds then to be issued; (e) the ordinance authorizing the issuance of the Addi- tional Bonds shall provide (i) for an identical flow*of funds as prescribed by Section 11 of the ordinances authorizing the Parity Bonds; (ii) that allrevenues deposited in the special, funds and accounts created and establisheu by such ordinances shall• be commingled; and (9i.i) for appropriate additional or larger payments to be made into said special.funds and accounts and foi appropriate additional or larger amounts to be accumu- lated in said special funds and accounts for allbondsthen outstanding against the Utility -System and the proposed Addi- tional Bonds, in full accord with the provisions of this Ordin- ance. (f) PROVIDED, FURTHER, that at any time after the "City of Georgetown, Texas Utility System Revenue Bonds, Series 1966 and Series 1971" have, been refunded, paid off, cancelled and retired, the Issuer may issue additional bonds on a parity in all respects with the Bonds (without impairing the obligation of contract with the holder of; the Bonds or obligations here- after issued on a parity therewith) if the following terms.and c0t1d4 Gtona haVe Lloen mot; (1) t1le app? 4 cAb le laws of the State 21