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of the Comptroller of Public Accounts of the State of Texas to be attached to the Notes initially <br />issued and delivered pursuant to this Ordinance, shall be substantially in the form provided in <br />Exhibit A, with such appropriate variations, omissions or insertions as are permitted or required <br />by this Ordinance. Exhibit A in incorporated in this Ordinance for all purposes. <br />Section 5. INTEREST AND SINKING FUND. <br />(a) A special "Interest and Sinking Fund" is hereby created and shall be established <br />and maintained by the City as a separate fund or account and the funds therein shall be deposited <br />into and held at an official depository bank of said City. Said Interest and Sinking Fund shall be <br />kept separate and apart from all other funds and accounts of said City, and shall be used only for <br />paying the interest on and principal of said Notes. Any amounts received from the sale of the <br />Notes as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all <br />ad valorem taxes levied and collected for and on account of said Notes shall be deposited, as <br />collected, to the credit of said Interest and Sinking Fund. During each year while any of said Notes <br />are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and <br />amount of ad valorem tax that will be sufficient to raise and produce the money required to pay <br />the interest on said Notes as such interest comes due, and to provide and maintain a sinking fund <br />adequate to pay the principal of said Notes as such principal matures (but never less than 2% of <br />the original amount of said Notes as a sinking fund each year); and said tax shall be based on the <br />latest approved tax rolls of said City, with full allowances being made for tax delinquencies and <br />the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby <br />ordered to be levied, against all taxable property in said City, for each year while any of said Notes <br />are outstanding and unpaid, and said tax shall be assessed and collected each such year and <br />deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient <br />to provide for the payment of the interest on and principal of said Notes, as such interest comes <br />due and such principal matures, are hereby pledged for such payment, within the limit prescribed <br />by law. <br />(b) Chapter 1208, Texas Government Code, applies to the issuance of the Notes and <br />the pledge of the taxes and limited Surplus Revenues granted by the City under this Section, and <br />is therefore valid, effective, and perfected. Should Texas law be amended at any time while the <br />Notes are outstanding and unpaid, the result of such amendment being that the pledge of the taxes <br />and limited Surplus Revenues granted by the City under this Section is to be subject to the filing <br />requirements of Chapter 9, Texas Business and Commerce Code, in order to preserve to the <br />registered owners of the Notes a security interest in said pledge, the City 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, Texas Business and Commerce Code and enable a filing of a <br />security interest in said pledge to occur. <br />Section 6. DEFEASANCE OF NOTES. <br />(a) Any Note and the interest thereon shall be deemed to be paid, retired and no longer <br />outstanding (a "Defeased Note") 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 Note, plus interest <br />thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) <br />shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have <br />0 <br />