Laserfiche WebLink
f' € <br /> ~ <br /> <br /> <br /> <br /> ;i (b) City's Legal Authority. The City is a duly <br /> created and existing home rule city of the State of Texas, ; <br /> ~ and is duly authorized under the laws of the State of Texas a <br /> to create and issue the Bonds and Additional Parity Revenue ~ <br /> Bonds; that all action on its part for the creation and ~ <br /> issuance of the said obligations has been or will be duly s <br /> s <br /> i' and effectively taken, and that said obligations in the ~ <br /> hands of the holders and owners thereof are and will be a <br /> ; valid and enforceable special obligations of the City in ~ <br /> j' accordance with their terms. ~ <br /> ~ <br /> (c) Title. The City has or will obtain lawful title ~ <br /> ' to the lands, buildings, structures, and facilities consti- a <br /> ~j tuting the System, that it warrants that it will defend t'^e ~ <br /> title to all the aforesaid lands, buildings, structures, and ~ <br /> facilities, and every part thereof, for the benefit of the ~ <br /> holders and owners of the Bonds and Additional Parity ; <br /> Revenue Bonds, against the claims and demands of all persons + <br /> j' whomsoever, that it is lawfully qualified to pledge the ' <br /> Pledged Revenues to the payment of the Bonds and Additional ; <br /> ~ Parity Revenue Bonds in the manndr prescribed herein, and <br /> has lawfully exercised such rights. ! <br /> ~ <br /> (d) Liens. It will from time to time and before the $ <br /> same become delinquent pay and discharge all taxes, assess- ~ <br /> ments, and governmental charges, if any, which shall be law- <br /> ~ fully imposed upon it, or the System, that it will pay all <br /> ; lawful claims for rents, royalties, labor, materials, and <br /> ? supplies which if unpaid might by law become a lien or " <br /> ; charge thereon, the lien of which would be prior to or <br /> ~ interfere with the liens hereof, so that the priority of the " <br /> liens granted hereunder shall be fully preserved in the 1 <br /> manner provided herein, and that it will not create or ~ <br /> suffer to be created any mechanic's, laborer's, material- <br /> man's, or other lien or charge which might or could be prior ; <br /> ` to the liens hereof, or do or suffer any matter or thing y <br /> whereby the liens hereof might or could be impaired; pro- <br /> ? vided, however, that no such tax, assessment, or charge, and <br /> that no such claims which might be used as the basis of a <br /> ' mechanic's, laborer's, materialman's, or other lien or <br /> charge, shall be required to be paid so long as the validity <br /> ` of the same shall be contested in good faith by the City. <br /> ~ (e) Operation of System; No Free Service. While the ~ <br /> Bonds or any Additional Parity Bonds are outstanding and un- ~ <br /> paid the City shall continuously and efficiently operate the <br /> System, and shall maintain the System in good condition, re- " <br /> pair, and working order, all at reasonable cost. No free ; <br /> service of the System sha11 be allowed, and should the City € <br /> # or any of its agencies, instrumentalities, lessors, or con- 6 <br /> cessionaires make use of the services and facilities of the <br /> System, payment monthly of the standard retail price of the ~ <br /> i! services provided shall be made by the City or any of its <br /> x; agencies, instrumentalities, lessors, or concessionaires out <br /> of funds from sources other than the revenues of the System. ~ <br /> (f) Further Encumbrance. While the Bonds or any Addi- ~ <br /> j; tional Bonds are outstanding and unpaid, the City shall not ' <br /> ~t additionally encumber the Pledged Revenues in any manner, r <br /> except as permitted in this Ordinance in connection with ~ <br /> ~ Additional Parity Revenue Bonds, and as permitted in Section ~ <br /> 28 hereof, unless said encumbrance is made junior and ~ <br /> subordinate in all respects to the liens, pledges, coven- ~ <br /> ants, and agreements of this Ordinance and any ordinance ~ <br /> authorizing the issuance of Additional parity Revenue Bonds; $ <br /> but the right of the City to issue revenue bonds payable <br /> ; from a subordinate lien on the Pledged Revenues is specific- <br /> ~a ally recognized and retained. ~ <br /> d 9 <br /> Sale or Disposal of Property. While the Bonds or ; <br /> any Additional Parity Revenue Bonds are outstanding and un- <br /> ~ paid, the City shall not sell, convey, mortgage, encumber, ~ <br /> ~r 15 ~ <br /> r ~ <br /> ~a <br /> _ _ . ~ <br />