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Ord 2008-007
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Ord 2008-007
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Last modified
9/4/2008 2:23:01 PM
Creation date
7/1/2008 3:18:00 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2008-7
Date
3/4/2008
Volume Book
175
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3. to any Bond Insurer: <br />The address, phone number and fax number specified in Section 3.06. <br />or to such other addresses as may from time to time be furnished to the parties, effective upon the <br />receipt of notice thereof given as set forth above. <br />Section 7.03. DEFEASANCE OF BONDS. (a) Deemed Paid. The principal ofand/or the <br />interest and redemption premium, if any, on any Bonds shall be deemed to be Defeased Debt within <br />the meaning of the Master Ordinance, except to the extent provided in subsections (c) and (e) of this <br />Section, when payment of the principal of such Bonds, plus interest thereon to the due date or dates <br />(whether such due date or dates be by reason of maturity, upon redemption, or otherwise) either (i) <br />shall have been made or caused to be made in accordance with the terms thereof (including the <br />giving of any required notice of redemption or the establishment of irrevocable provisions for the <br />giving of such notice) or (ii) shall have been provided for on or before such due date by irrevocably <br />depositing with or making available to the Paying Agent/Registrarfnr such Bonds or an eligible trust <br />company or commercial bank for such payment (1) lawful money of the United States of America <br />sufficient to make such payment, (2) Defeasance Securities, certified by an independent public <br />accounting firm of national reputation to mature as to principal and interest in such amounts and at <br />such times as will ensure the availability, without reinvestment, of sufficient money to provide for <br />such payment and when proper arrangements have been made by the City with the Paying <br />Agent/Registrar for such Bonds or an eligible trust company or commercial bank for the payment <br />of its services until all Defeased Debt shall have become due and payable or (3) any combination <br />of (1) and (2). At such time as Bonds shall be deemed to be a Defeased Debt hereunder, as <br />aforesaid, such Bonds and the interest thereon shall no longer be secured by, payable from, or <br />entitled to the benefits of the Security as provided in the Master Ordinance and this First <br />Supplement, and such principal and interest shall be payable solely from such money or Defeasance <br />Securities. <br />(b) Investments. The deposit under clause (ii) of subsection (a) of this Section shall be <br />deemed a payment of Bonds as aforesaid when proper notice of redemption of such Bonds shall <br />have been given or upon the establishment of irrevocable provisions for the giving of such notice, <br />in accordance with the Master Ordinance and this First Supplement. Any money so deposited with <br />the Paying Agent/Registrar for such Bonds or an eligible trust company or commercial bank as <br />provided in this Section may at the discretion of the City also be invested in Defeasance Securities, <br />maturing in the amounts and at the times as hereinbefore set forth, and all income from all <br />Defeasance Securities in possession ofthe Paying Agent/Registrar for such Bonds or an eligible trust <br />company or commercial bank pursuant to this Section which is not required for the payment of such <br />Bonds and premium, if any, and interest thereon with respect to which such money has been so <br />deposited, shall be remitted to the City for deposit to the General Account of the System Account. <br />(c) Continuing Duty of Paving Agent and Re isg tray. Notwithstanding any provision of any <br />other Section of this First Supplement which may be contrary to the provisions of this Section, all <br />money or Defeasance Securities set aside and held intrust pursuant to the provisions of this Section <br />for the payment of principal of Bonds and premium, if any, and interest thereon, shall be applied to <br />and used solely for the payment of the particular Bonds and premium, if any, and interest thereon, <br />SAN MARCOS 2008: FirstSupplementalOrdinance 19 <br />
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