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United States of America, including, but not limited to, evidences of indebtedness issued, insured <br />or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate <br />Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National <br />Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage <br />Association, Small Business Administration, or Federal Housing Association; provided that all <br />such deposits and investments shall be made in such a manner that the money required to be <br />expended from such fund will be available at the proper time or times. All interest and income <br />derived from deposits and investments in such Fund shall be credited to, and any losses debited <br />to, such fund. All such investments shall be sold promptly when necessary to prevent any <br />default in connection with the City Obligations. <br />SECTION 6: Tax Levv. To provide for the payment of the Debt Service Requirements <br />being (i) the interest on the City Obligations and (ii) a sinking fund for their redemption at Stated <br />Maturity or a sinking fund of 2% of the principal amount (whichever amount shall be the <br />greater), there shall be and there is hereby levied for the current year and each succeeding year <br />thereafter while the City Obligations or any interest thereon shall remain outstanding, a suffcient <br />tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable <br />property in the City, adequate to pay such Debt Service Requirements, full allowance being <br />made for delinquencies and costs of collection; said tax shall be assessed and collected each year <br />and applied to the payment of the Debt Service Requirements, and the same shall not be diverted <br />to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are <br />thereafter pledged to the payment of the City Obligations. The City Council hereby declares its <br />purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service <br />Requirements, it having been determined that the existing and available taxing authority of the <br />City for such purpose is adequate to permit a legally sufficient tax in consideration of all other <br />outstanding indebtedness and other obligations of the City and that such levy will not exceed the <br />applicable legal limitations. <br />SECTION 7: Deposits to Bond Fund. The City hereby covenants and agrees to cause to <br />be deposited in the Bond Fund prior to a payment date for the City Obligations, from the annual <br />levy of an ad valorem tax, or from other lawfully available funds, amounts suffcient to fully pay <br />and discharge promptly the City Obligations as the same accrues or matures or comes due by <br />reason of Stated Maturity. <br />SECTION 8: Security of Funds. All money on deposit in the Bond Fund for which this <br />Ordinance makes provision (except any portion thereof as may be at any time properly invested <br />as provided herein) shall be secured in the manner and to the fullest extent required by the laws <br />of the State of Texas for the security of public funds, and money on deposit in such Fund shall be <br />used only for the purposes permitted by this Ordinance. <br />SECTION 9: Remedies in Event of Default. In addition to all the rights and remedies <br />provided by the laws of the State of Texas, the City covenants and agrees particularly that in the <br />event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the <br />observance or performance of any other of the covenants, conditions, or obligations set forth in <br />this Ordinance, the Authority and the Department shall be entitled to seek a writ of mandamus <br />issued by a court of proper jurisdiction compelling and requiring the City Council of the City and <br />other officers of the City to observe and perform any covenant, condition, or obligation <br />prescribed in this Ordinance. <br />95604560.7 -6- <br />