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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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2/5/2019 2:38:38 PM
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Ordinances
Number
2019-03
Date
1/29/2019
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The principal of this Bond shall be payable without exchange or collection charges in <br />lawful money of the United States of America upon presentation and surrender of this Bond at <br />the corporate trust office in (the "Designated Payment/Transfer <br />Office"), of UNIB Bank, N.A., as trustee and paying agent/registrar (the "Trustee"), or, with <br />respect to a successor trustee and paying agent/registrar, at the Designated Payment/Transfer <br />Office of such successor. Interest on this Bond is payable by check dated as of the Interest <br />Payment Date, mailed by the Trustee to the registered owner at the address shown on the <br />registration books kept by the Trustee or by such other customary banking arrangements <br />acceptable to the Trustee, requested by, and at the risk and expense of, the Person to whom <br />interest is to be paid. For the purpose of the payment of interest on this Bond, the registered <br />owner shall be the Person in whose name this Bond is registered at the close of business on the <br />"Record Date," which shall be the day of the month next preceding such Interest <br />Payment Date; provided, however, that in the event of nonpayment of interest on a scheduled <br />Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment (a <br />"Special Record Date") will be established by the Trustee, if and when funds for the payment of <br />such interest have been received from the City. Notice of the Special Record Date and of the <br />scheduled payment date of the past due interest (which shall be 15 days after the Special Record <br />Date) shall be sent at least five Business Days prior to the Special Record Date by United States <br />mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books <br />of the Trustee at the close of business on the last Business Day preceding the date of mailing <br />such notice. <br />If a date for the payment of the principal of or interest on the Bonds is a Saturday, <br />Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated <br />Payment/Transfer Office is located are authorized by law or executive order to close, then the <br />date for such payment shall be the next succeeding Business Day, and payment on such date <br />shall have the same force and effect as if made on the original date payment was due. <br />This Bond is one of a duly authorized issue of assessment revenue bonds of the City <br />having the designation specified in its title (herein referred to as the 'Bonds"), dated as of the <br />Date of Delivery and issued in the aggregate principal amount of $ and issued, with <br />the limitations described herein, pursuant to an Indenture of Trust, dated as of , <br />2019 (the "Indenture"), by and between the City and the Trustee, to which Indenture reference is <br />hereby made for a description of the amounts thereby pledged and assigned, the nature and <br />extent of the lien and security, the respective rights thereunder to the holders of the Bonds, the <br />Trustee, and the City, and the terms upon which the Bonds are, and are to be, authenticated and <br />delivered and by this reference to the terms of which each holder of this Bond hereby consents. <br />All Bonds issued under the Indenture are equally and ratably secured by the amounts thereby <br />pledged and assigned. The Bonds are being issued for the purpose of (i) paying or reimbursing <br />all or a portion of the Actual Costs, (ii) paying a portion of the interest on the Bonds during and <br />after the period of acquisition and construction of the Public Improvements, (iii) funding a <br />reserve fund for payment of principal and interest on the Bonds, (iv) paying a portion of the costs <br />incidental to the organization of the District, and (v) paying the costs of issuance of the Bonds. <br />30 <br />
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