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20 - General Olbigation Refunding Bonds, Series 2020
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20 - General Olbigation Refunding Bonds, Series 2020
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Section 5. INTEREST AND SINKING FUND. <br />(a) A special "Interest and Sinking Fund" is hereby created and shall be established and <br />maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking <br />Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be <br />used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and <br />collected for and on account of said Bond shall be deposited, as collected, to the credit of said <br />Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the <br />governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that <br />will be sufficient to raise and produce the money required to pay the interest on said Bond as such <br />interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said <br />Bond as such principal matures (but never less than 2% of the original amount of said Bond as a <br />sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, <br />with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and <br />amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable <br />property in said Issuer, for each year while said Bond are outstanding and unpaid, and said tax shall <br />be assessed and collected each such year and deposited to the credit of the aforesaid Interest and <br />Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and <br />principal of said Bond, as such interest comes due and such principal matures, are hereby pledged <br />for such payment, within the limit prescribed by law. <br />(b) Article 1208, Government Code, applies to the issuance of the Bond and the pledge of <br />the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected. <br />Should Texas law be amended at any time while the Bond is outstanding and unpaid, the result of <br />such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be <br />subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve <br />to the Registered Owner of the Bond a security interest in said pledge, the Issuer agrees to take such <br />measures as it determines are reasonable and necessary under Texas law to comply with the <br />applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security <br />interest in said pledge to occur. <br />Section 6. DEFEASANCE OF BOND. <br />(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer <br />outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent <br />provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest <br />thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall <br />have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been <br />provided for on or before such due date by irrevocably depositing with or making available to the <br />Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future <br />Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient <br />to make such payment or (2) Defeasance Securities that mature as to principal and interest in such <br />amounts and at such times as will insure the availability, without reinvestment, of sufficient money <br />to provide for such payment, and when proper arrangements have been made by the Issuer with the <br />Paying Agent/Registrar for the payment of its services until the Defeased Bond shall have become <br />10 <br />
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