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Ord 2008-007
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Ord 2008-007
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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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with respect to which such money or Defeasance Securities have been so set aside in trust. Until <br />all Defeased Debt shall have become due and payable, the Paying Agent/Registrar for such Defeased <br />Debt shall perform the services of Paying Agent/Registrar for such Defeased Debt the same as if <br />they had not been defeased, and the City shall make proper arrangements to provide and pay for <br />such services as required by this First Supplement. <br />(d) Amendment of this Section. Notwithstanding anything elsewhere in this First <br />Supplement, if money or Defeasance Securities have been deposited or set aside with the Paying <br />Agent/Registrar for such Bonds or an eligible trust company or commercial bank pursuant to this <br />Section for the payment of Bonds and such Bonds shall not have in fact been actually paid in full, <br />no amendment of the provisions of this Section shall be made without the consent of the registered <br />owner of each Bonds affected thereby. <br />(e) Retention of Rights. Notwithstanding the provisions of subsection (a) of this Section, <br />to the extent that, upon the defeasance of any Defeased Debt to be paid at its maturity, the City <br />retains the right under State law to later call that Defeased Debt for redemption in accordance with <br />the provisions of this First Supplemental Ordinance, the City may call such Defeased Debt for <br />redemption upon complying with the provisions of State law and upon the satisfaction of the <br />provisions of subsection (a) of this Section with respect to such Defeased Debt as though it was <br />being defeased at the time of the exercise of the option to redeem the Defeased Debt and the effect <br />of the redemption is taken into account in determining the sufficiency of the provisions made for <br />the payment of the Defeased Debt. <br />Section 7.04. PAYING AGENT/REGISTRAR AGREEMENT. The Paying <br />Agent/Registrar Agreement by and between the City and the Paying Agent/Registrar is hereby <br />approved and the Mayor is hereby authorized to complete, amend, modify, execute, and deliver such <br />Paying Agent/Registrar Agreement, as necessary. <br />Section 7.05. FURTHER PROCEDURES. Each Authorized Representative is hereby <br />expressly authorized, empowered, and directed from time to time and at any time to do and perform <br />all such acts and things and to execute, acknowledge, and deliver in the name and under the <br />corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as <br />may be necessary or desirable in order to carry out the terms and provisions of this First Supplement, <br />each Series of Bonds, the sale and delivery of each Series of Bonds, and fixing all details in <br />connection therewith, and the Paying Agent/Registrar Agreement. In connection with the issuance <br />and delivery of each Series of Bonds, the above-stated officers, with the advice of the City Attorney <br />and Bond Counsel to the City, are hereby authorized to approve, subsequent to the date of the <br />adoption of this First Supplement, any amendments to the above named documents, and any <br />technical amendments to this First Supplement as permitted by Section 6.01 (v) or (vi) and a <br />Authorized Representative is hereby authorized to execute this First Supplement to evidence <br />approval of such changes. <br />Section 7.06. NONPRESENTMENT OF BONDS. If any Bond shall not be presented for <br />payment when the principal thereof becomes due, either at maturity or otherwise, or if the Maturity <br />Amounts of Capital Appreciation Bonds become due, if moneys sufficient to pay such Bond shall <br />have been deposited with the Paying Agent/Registrar, it shall be the duty of the Paying <br />SAN MARCOS 2008: FirstSupplementalOrclinance 20 <br />
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