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Ord 2018-016/authorizing the issuance and sale of $47,065,000 City of San Marcos, Texas, Combination Tax And Revenue Certificates of Obligation, Series 2018
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Ord 2018-016/authorizing the issuance and sale of $47,065,000 City of San Marcos, Texas, Combination Tax And Revenue Certificates of Obligation, Series 2018
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impact of any change in the type of financial information or operating data so provided. The <br /> City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC <br /> amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters <br /> judgment that such provisions of the Rule are invalid, but only if and to the extent that the <br /> provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling <br /> Certificates in the primary offering of the Certificates. <br /> ARTICLE XIII <br /> AMENDMENTS; FURTHER PROCEDURES; AND SEVERABILITY <br /> Section 13.01. Amendments. <br /> (a) This Ordinance shall not be amended or repealed by the City while any <br /> Certificate remains outstanding, except as permitted by this Section and with the consent of, and <br /> prior notice to, the Insurer. The City, without the consent of or notice to any Owner, from <br /> time to time and at any time, may amend this Ordinance in any manner not detrimental to the <br /> interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect <br /> or omission herein. In addition, the City, with the written consent of Owners holding a majority <br /> in aggregate principal amount of the Certificates then outstanding affected thereby, may amend, <br /> add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of <br /> all Owners of then outstanding Certificates, no such amendment, addition, or recission shall (i) <br /> extend the time or times of payment of the principal of and interest on the Certificates, reduce the <br /> principal amount thereof, redemption price therefor, or the rate of interest thereon, or in any <br /> other way modify the terms of payment of the principal of or interest on the Certificates, (ii) give <br /> any preference to any Certificate over any other Certificate, or (iii) reduce the aggregate <br /> principal amount of Certificates required for consent to any such amendment, addition, or <br /> recission. Copies of all amendments consented to by the Insurer shall also be sent to Standard & <br /> Poor's Ratings Services, a Standard & Poor's Financial Services LLC business. <br /> Section 13.02. 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 Certificates, the <br /> Paying Agent/Registrar Agreement, and the Official Statement. In addition, prior to the initial <br /> delivery of the Certificates, the Mayor, the Interim City Manager or Director of Finance of the <br /> City, and Certificate Counsel are hereby authorized and directed to approve any technical <br /> changes or corrections to this Ordinance or to any of the instruments authorized and approved by <br /> this 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 Official Statement, (ii) obtain a rating from any of the national bond rating <br /> agencies, or(iii) obtain the approval of the Certificates by the Attorney General of Texas. In the <br /> SAN MARCOS CIRC O&GOB 2018.Ordinance <br /> 42 <br />
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