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Ord 2019-028/authorizing the issuance of City of San Marcos, Texas General Obligation Refunding Bonds in an amount not to exceed $18,250,000 in one or more series; approving an official statement, a paying agent/registrar agreement, a bond purchase agree
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Ord 2019-028/authorizing the issuance of City of San Marcos, Texas General Obligation Refunding Bonds in an amount not to exceed $18,250,000 in one or more series; approving an official statement, a paying agent/registrar agreement, a bond purchase agree
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9/13/2019 3:07:29 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2019-28
Date
9/3/2019
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distribution of such Official Statement in the reoffering of a Series of Bonds by the underwriters <br />in final form, with such changes therein or additions thereto as the Pricing Officer executing the <br />same may deem advisable, such determination to be conclusively evidenced by his execution <br />thereof. <br />The Paying Agent/Registrar Agreement by and between the City and the Paying <br />Agent/Registrar ("Paying Agent Agreement") in substantially the form and substance previously <br />approved by the City Council and the Pricing Officer is hereby authorized and directed to <br />complete, amend, modify and execute the Paying Agent Agreement as necessary. <br />The discharge and defeasance of Refunded Obligations shall be effectuated pursuant to <br />the terms and provisions of an Escrow Agreement, in the form and containing the terms and <br />provisions as shall be approved by a Pricing Officer, including any insertions, additions, <br />deletions, and modifications as may be necessary (a) to carry out the program designed for the <br />City by the underwriters or purchaser, (b) to maximize the City's present value savings and/or to <br />minimize the City's costs of refunding, (c) to comply with all applicable laws and regulations <br />relating to the refunding of the Refunded Obligations and (d) to carry out the other intents and <br />purposes of this Ordinance; and, the Pricing Officer is hereby authorized to execute and deliver <br />such Escrow Agreement, on behalf of the City, in multiple counterparts. <br />To maximize the City's present value savings and to minimize the City's costs of <br />refunding, the City hereby authorizes and directs that certain of the Refunded Obligations shall <br />be called for redemption prior to maturity in the amounts, at the dates and at the redemption <br />prices set forth in the Pricing Certificate, and the Pricing Officer is hereby authorized and <br />directed to take all necessary and appropriate action to give or cause to be given a notice of <br />redemption to the holders or paying agent/registrars, as appropriate, of such Refunded <br />Obligations, in the manner required by the documents authorizing the issuance of such Refunded <br />Obligations. <br />The Pricing Officer and the Escrow Agent are each hereby authorized (a) to subscribe <br />for, agree to purchase, and purchase Defeasance Securities that are permitted investments for a <br />defeasance escrow established to defease Refunded Obligations, and to execute any and all <br />subscriptions, purchase agreements, commitments, letters of authorization and other documents <br />necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are <br />hereby ratified and approved, and (b) to authorize such contributions to the escrow fund as are <br />provided in the Escrow Agreement. <br />Section 14. INSURANCE PROVISIONS. In connection with the sale of a Series of the <br />Bonds, the City may obtain municipal bond insurance policies from one or more recognized <br />municipal bond insurance organizations (the "Bond Insurer" or "Bond Insurers") to guarantee the <br />full and complete payment required to be made by or on behalf of the City on the Bonds. The <br />Pricing Officer is hereby authorized to sign a commitment letter and/or insurance agreement with <br />any Bond Insurer or Bond Insurers and to pay the premium for the bond insurance policies at the <br />26 <br />San Marcos GORB2019 - Delegated: Ordinance <br />
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