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19 - Issuance and Sale of City of Paris Waterworks and Sewer System Revenue Bonds Series 2022
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19 - Issuance and Sale of City of Paris Waterworks and Sewer System Revenue Bonds Series 2022
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Additional Bonds. Reimbursements to the provider, if any, of a Reserve Fund Obligation shall <br />constitute the making up of a deficiency in the Reserve Fund to the extent that such <br />reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount <br />of the Reserve Fund Obligation. <br />(c) Earnings and income derived from the investment of amounts held for the credit of <br />the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the <br />Required Reserve. During such time as the Reserve Fund contains the Required Reserve or any <br />cash or Permitted Investment is replaced with a Reserve Fund Obligation pursuant to subsection <br />(d) below, the City may, at its option, withdraw all surplus funds in the Reserve Fund and deposit <br />such surplus in the System Fund; provided that the face amount of any Reserve Fund Obligation <br />may be reduced at the option of the City in lieu of such transfer. Notwithstanding the foregoing, <br />any surplus funds in the Reserve Fund that consist of proceeds of the Bonds or interest thereon <br />shall be used for purposes for which the Bonds were issued or deposited to the Bond Fund. <br />(d) The City may at any time deposit, supplement, replace or substitute a Reserve Fund <br />Obligation for cash or Permitted Investments on deposit in the Reserve Fund or in substitution <br />for or replacement of any existing Reserve Fund Obligation, provided, that the deposit, <br />supplement, replacement or substitution of the Reserve Fund Obligation will not, in and of itself, <br />cause any ratings then assigned to the Bonds by any Rating Agency to be lowered and the <br />ordinance authorizing the substitution of the Reserve Fund Obligation for all or part of the <br />Required Reserve contains a finding that such substitution is cost effective. Notwithstanding any <br />other provision of this Ordinance, if a Reserve Fund Obligation is utilized in connection with the <br />Bonds after the issuance date of the Bonds, the City must specifically approve any such Reserve <br />Fund Obligation and any such Reserve Fund Obligation must be submitted to the Attorney <br />General of Texas (if submission is then required by law) for approval. <br />(e) If the City is required to make a withdrawal from the Reserve Fund for any of the <br />purposes described in this Section, the City shall promptly notify the issuer of such Reserve Fund <br />Obligation of the necessity for a withdrawal from the Reserve Fund for any such purposes, and <br />shall make such withdrawal FIRST from available moneys or Permitted Investments then on <br />deposit in the Reserve Fund, and NEXT from a drawing under any Reserve Fund Obligation to <br />the extent of such deficiency. <br />(f) In the event there is a draw upon the Reserve Fund Obligation, the City shall <br />reimburse the issuer of such Reserve Fund Obligation for such draw, in accordance with the <br />terms of any agreement pursuant to which the Reserve Fund Obligation is used, from Pledged <br />Revenues, however, such reimbursement from Pledged Revenues shall be in accordance with the <br />provisions of Section 9 hereof and shall be subordinate and junior in right of payment to the <br />payment of principal of and premium, if any, and interest on the then outstanding Bonds <br />Similarly Secured. <br />(g) The City may create and establish a debt service reserve fund pursuant to the <br />provisions of any ordinance or other instrument authorizing the issuance of Bonds Similarly <br />Secured for the purpose of securing that particular issue or series of Bonds Similarly Secured or <br />any specific group of issues or series of Bonds Similarly Secured (including the combining of <br />13 <br />
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