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Ord 2006-017
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Ord 2006-017
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Last modified
9/18/2007 4:17:39 PM
Creation date
8/27/2007 8:43:02 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2006-17
Date
5/2/2006
Volume Book
167
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<br />I <br /> <br />I <br /> <br />I <br /> <br />than an Owner, as shown on the Register, of any notice with respect to the Bonds, including any <br />notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an <br />Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or <br />interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the <br />City and the Paying AgentlRegistrar shall be entitled to treat and consider the person in whose name <br />each Bond is registered in the Register as the absolute Owner of such Bond for the purpose of <br />payment of principal of, premium, if any, and interest on the Bonds, for the purpose of giving notices <br />of redemption and other matters with respect to such Bond, for the purpose of registering transfer <br />with respect to such Bond, and for all other purposes whatsoever. The Paying AgentlRegistrar shall <br />pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the <br />respective Owners, as shown in the Register as provided in this Ordinance, or their respective <br />attorneys duly authorized in writing, and all such payments shall be valid and effective to fully <br />satisfy and discharge the City's obligations with respect to payment of, premium, if any, and interest <br />on the Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown <br />in the register, shall receive a Bond certificate evidencing the obligation of the City to make <br />payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying <br />Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee <br />in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest <br />checks or drafts being mailed to the registered Owner at the close of business on the Record Date, <br />the term "Cede & Co." in this Ordinance shall refer to such new nominee ofDTC. <br /> <br />(c) The previous execution and delivery of the Blanket Letter of Representation with <br />respect to obligations of the City is hereby ratified and confirmed; and the provisions thereof shall <br />be fully applicable to the Bonds. <br /> <br />Section 3.10. Successor Securities Depository; Transfer Outside Book-Entry-Only System. <br /> <br />In the event that the City or the Paying Agent/Registrar determines that DTC is incapable of <br />discharging its responsibilities described herein and in the Representation Letter, and that it is in the <br />best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, or <br />in the event DTC discontinues the services described herein, the City or the Paying Agent/Registrar <br />shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the <br />Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified <br />by DTC, ofthe appointment of such successor securities depository and transfer one or more separate <br />Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified <br />by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC <br />Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the <br />Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., <br />as nominee ofDTC, but may be registered in the name of the successor securities depository, or its <br />nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, <br />in accordance with the provisions of this Ordinance. <br /> <br />SANMARCOSlWWWSRev2006-2: Ordinance <br /> <br />13 <br />
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