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Ord 2008-006
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Ord 2008-006
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Last modified
9/4/2008 2:22:54 PM
Creation date
7/1/2008 3:14:42 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2008-6
Date
3/4/2008
Volume Book
175
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Debt during such period. Such consent may be revoked at any time after the applicable period of <br />time that a consent is irrevocable by the owner who gave such consent, or by a successor in title, by <br />filing notice thereof with the Registrar for such Parity Debt and the City, but such revocation shall <br />not be effective if the owners of the requisite amount of the Outstanding Principal Amount, prior <br />to the attempted revocation, consented to and approved the amendment. Notwithstanding the <br />foregoing, any consent given by an owner at the time of and in connection with the initial sale or <br />incurrence of an issue or series Parity Debt by the City shall be irrevocable. <br />(g) Ownership. For the purpose of this Section, the City may determine in each Supplement <br />the treatment of who may act as an "owner", "Holder", or "Bondholder" and other matters relating <br />to all Parity Debt, including designating any municipal bond insurance company providing an <br />insurance policy on the payment of Parity Debt or the provider under a Credit Agreement as the sole <br />owner of such Parity Debt. <br />(h) Amendments of Supplements. Each Supplement shall contain provisions governing the <br />ability of the City to amend such Supplement; provided, however, that no amendment maybe made <br />to any Supplement for the purpose of granting to the owners of Outstanding Parity Debt under such <br />Supplement a priority over the owners of any other Outstanding Parity Debt. <br />Section 14. REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS. <br />This Master Ordinance shall become effective immediately and all resolutions and all parts of any <br />ordinances and resolutions which are in conflict or inconsistent with this Master Ordinance are <br />hereby repealed and shall be of no further force or effect to the extent of such conflict or <br />inconsistency. <br />Section 15. PARTIAL INVALIDITY. If any one or more of the covenants or agreements <br />or portions thereof provided in this Master Ordinance on the part of the City should be determined <br />by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or such <br />agreement or agreements, or such portions thereof, shall be deemed severable from the remaining <br />covenants and agreements or portions thereof provided in this Master Ordinance and the invalidity <br />thereof shall in no way affect the validity of the other provisions of this Master Ordinance, but the <br />Holders shall retain all the rights and benefits accorded to them hereunder and under any applicable <br />provisions of law. <br />Section 16. FURTHER PROCEDURES. Each Authorized Representative and the other <br />officers, employees, and agents of the City, shall be and they are hereby expressly authorized, <br />empowered, and directed from time to time and at any time to do and perform all such acts and <br />things and to execute, acknowledge, and deliver in the name and under the corporate seal and on <br />behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or <br />desirable in order to carry out the intent, the terms, and the provisions of this Master Ordinance, <br />including with respect to the initial issuance of Parity Debt, approving any technical changes or <br />corrections to this Master Ordinance necessary in order to (i) correct any ambiguity or mistake or <br />properly or more completely document the transactions contemplated by this Master Ordinance, (ii) <br />obtain a rating from any of the national bond rating agencies or satisfy requirements of a municipal <br />SAN MARCOS\PassTluuToll2008:Master Ordinance 12 <br />
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