Texas Local Government Code 271.047 – Authorization of Certificates by Ordinance or Order; Other Provisions in Certificates
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(a) Certificates may be authorized by an ordinance adopted by the governing body of a municipality, or by an order adopted by the governing body of a county after compliance with the quorum requirements prescribed by § 81.006.
(b) The governing body may:
(1) make the certificates payable at times and places determined by the governing body;
(2) issue the certificates in forms and one or more denominations, either in coupon form or registered as to principal and interest, or both;
(3) make the certificates contain options for redemption before scheduled maturity; and
(4) make the certificates contain any other provisions the governing body desires.
Terms Used In Texas Local Government Code 271.047
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Quorum: The number of legislators that must be present to do business.
- Rule: includes regulation. See Texas Government Code 311.005
(c) A certificate may not mature over a period greater than 40 years from the date of the certificate and may not bear interest at a rate greater than that allowed by Chapter 1204, Government Code.
(d) Except as provided by this subsection, the governing body of an issuer may not authorize a certificate to pay a contractual obligation to be incurred if a bond proposition to authorize the issuance of bonds for the same purpose was submitted to the voters during the preceding three years and failed to be approved. A governing body may authorize a certificate that the governing body is otherwise prohibited from authorizing under this subsection:
(1) in a case described by Sections 271.056(1)-(3); and
(2) to comply with a state or federal law, rule, or regulation if the political subdivision has been officially notified of noncompliance with the law, rule, or regulation.
