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14-Deliberate and act on a Resolution approving a PEDC Resolution
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14-Deliberate and act on a Resolution approving a PEDC Resolution
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8/22/2012 3:59:06 PM
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CITY CLERK
Doc Name
14
Doc Type
Agenda
CITY CLERK - Date
3/22/2010
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and created in Section 6 of this Resolution with respect to the Pledged Revenues to the payment and <br />security of the Parity Obligations. <br />Section 18. GENERAL COVENANTS. The Issuer further covenants and agrees that in <br />accordance with and to the extent required or permitted by law: <br />(a) Performance. It will faithfully perform at all times any and all covenants, undertakings, <br />stipulations, and provisions contained in this Resolution and in every Bond; it will promptly pay or <br />cause to be paid the principal of and interest on every Bond on the dates and in the places and <br />manner prescribed in this Resolution and the Bonds; and it will, at the times and in the manner <br />prescribed, deposit or cause to be deposited the amounts required to be deposited into the funds <br />created hereby; and any registered owner of the Bonds may require the Issuer, its officials and <br />employees to carry out, respect or enforce the covenants and obligations of this Resolution, by all <br />legal and equitable means, including specifically, but without limitation, the use and filing of <br />mandamus proceedings, in any court of competent jurisdiction, against the Issuer, its officials and <br />employees, or by the appointment of a receiver in equity. <br />(b) Legal Authoritv. It is a duly created and existing industrial development corporation, <br />and is duly authorized under the laws of the State of Texas, including the Act, to create and issue <br />the Bonds; that all action on its part for the creation and issuance of the Bonds has been duly and <br />effectively taken, and that the Bonds in the hands of the registered owners thereof are and will be <br />valid and enforceable special obligations of the Issuer in accordance with their terms. <br />(c) Further Encumbrance. It, while the Bonds or any Additional Obligations are outstanding <br />and unpaid, will not additionally encumber the Pledged Revenues in any manner, except as <br />permitted in this Resolution in connection with Additional Obligations, unless said encumbrance <br />is made junior and subordinate in all respects to the liens, pledges, covenants and agreements of this <br />Resolution; but the right of the Issuer to issue revenue bonds payable from a subordinate lien on the <br />Pledged Revenues, in accordance with the provisions of the Act as more particularly provided in <br />Section 16 hereof, is specifically recognized and retained. <br />(d) Collection of Sales Tax. <br />(i) The Issuer hereby confirms the earlier levy by the City of the Sales Tax at the rate <br />voted at the election held by and within the City on May l, 1993, and the Issuer hereby <br />warrants and represents that the City has duly and lawfully ordered the imposition and <br />collection of the Sales Tax upon all sales, uses and transactions as are permitted by and <br />described in the Act throughout the boundaries of the City as such boundaries existed on the <br />date of said election and as they may have been expanded thereafter. <br />(ii) For so long as any Bonds or Additional Obligations are outstanding, the Issuer <br />covenants, agrees and warrants to take and pursue all action permissible under applicable law <br />to cause the Sales Tax, at said rate or at a higher rate if permitted by applicable law, to be <br />levied and collected continuously, in the manner and to the maximum extent permitted by <br />applicable law, and necessary or desirable, and to cause no reduction, abatement or <br />20 <br />000132 <br />
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