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Ord 2018-017/general obligation Bonds; levying an ad valorem tax in support of the bonds; approving a paying agent/registrar agreement, an official Statement, and a purchase agreement; establishing procedures For selling and delivery of one or more series
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Ord 2018-017/general obligation Bonds; levying an ad valorem tax in support of the bonds; approving a paying agent/registrar agreement, an official Statement, and a purchase agreement; establishing procedures For selling and delivery of one or more series
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caused to be made in accordance with the terms thereof(including the giving of any required notice <br /> of redemption or the establishment of irrevocable provisions for the giving of such notice) or (ii) <br /> shall have been provided for on or before such due date by irrevocably depositing with or making <br /> available to the Paying Agent/Registrar or an eligible trust company or commercial bank for such <br /> payment(1) lawful money of the United States of America sufficient to make such payment, (2) <br /> Defeasance Securities, certified by an independent public accounting firm of national reputation to <br /> mature as to principal and interest in such amounts and at such times as will ensure the availability, <br /> without reinvestment, of sufficient money to provide for such payment and when proper <br /> arrangements have been made by the City with the Paying Agent/Registrar or an eligible trust <br /> company or commercial bank for the payment of its services until all Defeased Bonds shall have <br /> become due and payable or (3) any combination of(l) and (2). At such time as a Bond shall be <br /> deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no <br /> longer be secured by,payable from,or entitled to the benefits of,the ad valorem taxes herein levied <br /> as provided in this Ordinance, and such principal and interest shall be payable solely from such <br /> money or Defeasance Securities. <br /> (b) The deposit under clause(ii)of subsection(a)shall be deemed a payment of a Bond as <br /> aforesaid when proper notice of redemption of such Bonds shall have been given or upon the <br /> establishment of irrevocable provisions for the giving of such notice, in accordance with this <br /> Ordinance. Any money so deposited with the Paying Agent/Registrar or an eligible trust company or <br /> commercial bank as provided in this Section may at the discretion of the City also be invested in <br /> Defeasance Securities, maturing in the amounts and at the times as hereinbefore set forth, and all <br /> income from all Defeasance Securities in possession of the Paying Agent/Registrar or an eligible <br /> trust company or commercial bank pursuant to this Section which is not required for the payment of <br /> such Bond and premium, if any,and interest thereon with respect to which such money has been so <br /> deposited, shall be remitted to the City. <br /> (c) Notwithstanding any provision of any other Section of this Ordinance which may be <br /> contrary to the provisions of this Section, all money or Defeasance Securities set aside and held in <br /> trust pursuant to the provisions of this Section for the payment of principal of the Bonds and <br /> premium, if any, and interest thereon, shall be applied to and used solely for the payment of the <br /> particular Bonds and premium, if any, and interest thereon, with respect to which such money or <br /> Defeasance Securities have been so set aside in trust. Until all Defeased Bonds shall have become <br /> due and payable,the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for <br /> such Defeased Bonds the same as if they had not been defeased, and the City shall make proper <br /> arrangements to provide and pay for such services as required by this Ordinance. <br /> (d) Notwithstanding anything elsewhere in this Ordinance, if money or Defeasance <br /> Securities have been deposited or set aside with the Paying Agent/Registrar or an eligible trust <br /> company or commercial bank pursuant to this Section for the payment of Bonds and such Bonds <br /> shall not have in fact been actually paid in full,no amendment of the provisions of this Section shall <br /> be made without the consent of the registered owner of each Bond affected thereby. <br /> (e) Notwithstanding the provisions of subsection(a)immediately above,to the extent that, <br /> upon the defeasance of any Defeased Bond to be paid at its maturity,the City retains the right under <br /> 21 <br /> SanMarvwVOOBZOIB.ONlnanceQO <br />
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