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Ord 2021-058/authorizing the issuance of General Obligation Bonds Series 2021
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Ord 2021-058/authorizing the issuance of General Obligation Bonds Series 2021
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10/8/2021 3:47:05 PM
Creation date
10/8/2021 3:33:17 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2021-58
Date
8/3/2021
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this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise <br />limit the duties of the City under federal and state securities laws. <br />(v) The provisions of this Section may be amended by the City from time to time to adapt <br />to changed circumstances that arise from a change in legal requirements, a change in law, or a <br />change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions <br />of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in <br />the primary offering of the Bonds in compliance with the Rule, taking into account any amendments <br />or interpretations of the Rule since such offering as well as such changed circumstances and <br />(2) either (a) the registered owners of a majority in aggregate principal amount (or any greater <br />amount required by any other provision of this Ordinance that authorizes such an amendment) of <br />the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City <br />(such as nationally recognized bond counsel) determined that such amendment will not materially <br />impair the interest of the registered owners and beneficial owners of the Bonds. If the City so <br />amends the provisions of this Section, it shall include with any amended financial information or <br />operating data next provided in accordance with subsection (a) of this Section an explanation, in <br />narrative form, of the reason for the amendment and of the impact of any change in the type of <br />financial information or operating data so provided. The City may also amend or repeal the <br />provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable <br />provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the <br />Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent <br />an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. <br />(d) Definitions. As used in this Section, the following terms have the meanings <br />ascribed to such terms below: <br />"MSRB" means the Municipal Securities Rulemaking Board. <br />"Rule" means SEC Rule 15c2-12, as amended from time to time. <br />"SEC" means the United States Securities and Exchange Commission. <br />Section 16. AMENDMENT OF ORDINANCE. The City hereby reserves the right to <br />amend this Ordinance subject to the following terms and conditions, to-wit: <br />(a) The City may from time to time, without the consent of any holder, except as <br />otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure <br />any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the <br />interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add <br />events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not <br />materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust <br />Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time <br />in effect, (v) obtain insurance or ratings on the Bonds, (vi) obtain the approval of the Attorney <br />General of the State Texas, or (vii) make such other provisions in regard to matters or questions <br />arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and <br />24 <br />SANMARCOS GOB 2021: OrdinanceGOB <br /> <br />
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