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Ord 2017-023/authorizing the issuance and sale of City of San Marcos, Texas, Waterworks and Waste Water System Revenue Bonds, series 2017a in the amount of $4,760,000; providing for the security for and payment of said bonds; prescribing the form of said
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Ord 2017-023/authorizing the issuance and sale of City of San Marcos, Texas, Waterworks and Waste Water System Revenue Bonds, series 2017a in the amount of $4,760,000; providing for the security for and payment of said bonds; prescribing the form of said
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sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the <br />primary offering of the Bonds. <br />ARTICLE XIV <br />AMENDMENTS; FURTHER PROCEDURES; AND SEVERABILITY <br />Section 14.01. Amendments. <br />This Ordinance shall not be amended or repealed by the City while any Bond remains <br />outstanding, except as permitted by this Section. The City, without the consent of or notice to <br />any Owner, from time to time and at any time, may amend this Ordinance in any manner not <br />detrimental to the interests of the Owners, including the curing of any ambiguity, <br />inconsistency, or formal defect or omission herein. In addition, the City, with the written <br />consent of Owners holding a majority in aggregate principal amount of the Bonds then <br />outstanding affected thereby, may amend, add to, or rescind any of the provisions of this <br />Ordinance; provided that, without the consent of all Owners of then outstanding Bonds, no such <br />amendment, addition, or recission shall (i) extend the time or times of payment of the principal <br />of and interest on the Bonds, reduce the principal amount thereof, redemption price therefor, or <br />the rate of interest thereon, or in any other way modify the terms of payment of the principal of <br />or interest on the Bonds, (ii) give any preference to any Bond over any other Bond, or (iii) reduce <br />the aggregate principal amount of Bonds required for consent to any such amendment, addition, <br />or recission. <br />Section 14.02. Further Procedures. <br />The officers and employees of the City are hereby authorized and directed from time to <br />time and at any time to do and perform all such acts and things and to execute, acknowledge and <br />deliver in the name and on behalf of and under the corporate seal of the City all such <br />instruments, whether mentioned herein or not, as may be necessary or desirable in order to carry <br />out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the <br />Paying Agent/Registrar Agreement, and the Private Placement Memorandum. In addition, prior <br />to the initial delivery of the Bonds, the Mayor, the City Manager or Director of Finance of the <br />City, and Bond Counsel are hereby authorized and directed to approve any technical changes or <br />corrections to this Ordinance or to any of the instruments authorized and approved by this <br />Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more <br />completely document the transactions contemplated and approved by this Ordinance and as <br />described in the Private Placement Memorandum, (ii) obtain a rating from any of the national <br />bond rating agencies, or (iii) obtain the approval of the Bonds by the Attorney General of Texas. <br />In the event that any officer of the City whose signature shall appear on any certificate shall <br />cease to be such officer before the delivery of such certificate, such signature nevertheless shall <br />be valid and sufficient for all purposes the same as if such officer had remained in office until <br />such delivery. <br />SAM1ARC0S/W W W SRev2017A: Ordinance 43 <br />
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