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Ord 2017-054/authorizing the issuance and sale of $34,270,000City of San Marcos, Texas, Combination Tax And Revenue Certificates of Obligation, Series 2017
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Ord 2017-054/authorizing the issuance and sale of $34,270,000City of San Marcos, Texas, Combination Tax And Revenue Certificates of Obligation, Series 2017
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The provisions of this Section may be amended by the City from time to time to adapt to <br /> changed circumstances that arise from a change in legal requirements, a change in law, or a change <br /> in the identity, nature, status, or type of operations of the City,but only if(1) the provisions of this <br /> Section, as so amended,would have permitted an underwriter to purchase or sell Certificates in the <br /> primary offering of the Certificates in compliance with the Rule, taking into account any <br /> amendments or interpretations of the Rule since such offering as well as such changed circumstances <br /> and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount <br /> required by any other provision of this Ordinance that authorizes such an amendment) of the <br /> outstanding Certificates consents to such amendment or(b)a person that is unaffiliated with the City <br /> (such as nationally recognized bond counsel) determines that such amendment will not materially <br /> impair the interest of the holders and beneficial owners of the Certificates. If the City so amends the <br /> provisions of this Section,it shall include with any amended financial information or operating data <br /> next provided in accordance with paragraph(a)of this Section an explanation, in narrative form, of <br /> the reason for the amendment and of the impact of any change in the type of financial information <br /> or operating data so provided. The City may also amend or repeal the provisions of this continuing <br /> disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court <br /> of final jurisdiction enters judgment that such provisions of the Rule are invalid,but only if and to <br /> the extent that the provisions of this sentence would not prevent an underwriter from lawfully <br /> purchasing or selling Certificates in the primary offering of the Certificates. <br /> ARTICLE XIII <br /> AMENDMENTS; FURTHER PROCEDURES; AND SEVERABILITY <br /> Section 13.01. Amendments. <br /> This Ordinance shall not be amended or repealed by the City while any Certificate remains <br /> outstanding,except as permitted by this Section. The City,without the consent of or notice to any <br /> 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, inconsistency, <br /> or formal defect or omission herein. In addition, the City, with the written consent of Owners <br /> holding a majority in aggregate principal amount of the Certificates then outstanding affected <br /> thereby, may amend, add to, or rescind any of the provisions of this Ordinance; provided that, <br /> without the consent of all Owners of then outstanding Certificates, no such amendment, addition, <br /> or recission shall (i) extend the time or times of payment of the principal of and interest on the <br /> Certificates, reduce the principal amount thereof, redemption price therefor, or the rate of interest <br /> thereon, or in any other way modify the terms of payment of the principal of or interest on the <br /> Certificates, (ii)give any preference to any Certificate over any other Certificate, or(iii)reduce the <br /> aggregate principal amount of Certificates required for consent to any such amendment, addition, <br /> or recission. <br /> Section 13.02. Further Procedures. <br /> The officers and employees of the City are hereby authorized and directed from time to time <br /> and at any time to do and perform all such acts and things and to execute, acknowledge and deliver <br /> in the name and on behalf of and under the corporate seal of the City all such instruments,whether <br /> San Marcos CTRCO 2017:Ordinance 37 <br />
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