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Ord 2008-037
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Ord 2008-037
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Last modified
12/31/2008 3:48:32 PM
Creation date
9/17/2008 2:51:14 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-37
Date
9/16/2008
Volume Book
177
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of the past due interest (the "Special Payment Date", which shall be 15 days after the Special Record <br />Date) shall be sent at least five business days prior to the Special Record Date by United States mail, <br />first class postage prepaid, to the address of each registered owner of a Certificate appearing on the <br />books of the Paying Agent/Registrar at the close of business on the last business day preceding the <br />date of mailing such notice. The initial Paying Agent/Registrar is Bank of America, N.A. <br />If a date for the payment of the principal of or interest on the Certificate is a Saturday, <br />Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated <br />Payment/Transfer Office is located are authorized by law or executive order to close, then the date <br />for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or <br />day on which such banking institutions are authorized to close; and payment on such date shall have <br />the same force and effect as if made on the original date payment was due. <br />This Certificate is a fully registered certificate of obligation specified in the title hereof issued <br />in the total principal amount of $7,600,000 (herein referred to as the "Certificate"), issued pursuant <br />to a certain Ordinance of the City Council of the City (the "Ordinance"), for the following purposes: <br />paying contractual obligations incurred or to be incurred for: (1) widening and improving McCarty <br />Lane from a two-lane roadway to a five- and four-lane roadway from IH-35 to a point 6,149 feet <br />east, which includes widening McCarty Lane from IH-35 to a point 5,237 feet east into a five-lane <br />roadway with storm sewer and sidewalk, narrowing McCarty lane from the end of the five-lane <br />section into a four-lane section for a distance of 912 feet, including installation of 6,149 feet of 16- <br />inch water line and 3,700 feet of 12-inch wastewater line, payment of engineering, right-of-way <br />acquisition, utility relocation and other related costs; and (2) the payment of professional services in <br />connection therewith including legal, fiscal and engineering fees and the costs of issuing the <br />certificates of obligation. <br />The Certificate and the interest thereon are payable from the levy of a direct and continuing <br />ad valorem tax, within the limit prescribed by law, against all taxable property in the City and by a <br />limited pledge of certain Surplus Revenues of the City's waterworks and sewer system, all as <br />provided in the Ordinance. <br />The City has reserved the option to prepay the Certificates. The Certificate may be prepaid <br />at any time prior to its scheduled maturity, at the option of the City with funds derived from any <br />available and lawful source, as a whole, or from time to time in part, and, if in part, the particular <br />principal installments or portions thereof to be prepaid shall be selected and designated by the City. <br />The Certificate may be prepaid in whole, or in part, on any date, with three (3) days prior <br />written notice to the Owner of the Certificate, by payment in an amount equal to the principal amount <br />to be prepaid plus accrued interest thereon to the date of prepayment plus the Prepayment Fee. For <br />purposes hereof, the Prepayment Fee will be the sum of fees calculated separately for each Prepaid <br />Installment, as follows: <br />(i) The Owner of the Certificate will first determine the amount of interest which would <br />have accrued each month at the Taxable Equivalent Rate for the Prepaid Installment had it remained <br />San Marcos CTRCO 2008A: Ordinance 18
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