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Ord 2008-038
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Ord 2008-038
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Last modified
11/6/2009 1:58:59 PM
Creation date
9/17/2008 2:54:12 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2008-38
Date
9/16/2008
Volume Book
177
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reputation to mature as to principal and interest in such amounts and at such times as will ensure the <br />availability, without reinvestment, of sufficient money to provide for such payment and when proper <br />arrangements have been made by the City with the Paying Agent/Registrar or a commercial bank or <br />trust company for the payment of its services until the Defeased Bond shall have become due and <br />payable or (3) any combination of (1) and (2). At such time as a Bond shall be deemed to be a <br />Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured <br />by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and <br />pledged as provided in this Ordinance, and such principal and interest shall be payable solely from <br />such money or Defeasance Securities. <br />(b) The deposit under clause (ii) of subsection (a) shall bF ?med a payment of a Bond as <br />aforesaid when proper notice of redemption of such Bond shall have b? given, in accordance with <br />this Ordinance. Any money so deposited with the Paying Agent/Reg? ? ?? al ? commercial bank or <br />trust company as provided in this Section may at the discretion of tl ? City C? ?il ??lso be invested <br />in Defeasance Securities, maturing in the amounts and at the times a ?ereinbefo yet forth, and all <br />income from all Defeasance Securities in possession of the Pa????? Ag '?e?ic4 ar or a commercial <br />bank or trust company pursuant to this Section which is nc? requ . ed for ?l?_ ?dyment of such Bond <br />and premium, if any, and interest thereon with aspect to ` hic?_ such n ?ney has been so deposited, <br />shall be turned over to the City Council. <br />(c) Notwithstanding any provision of any oth, section of this Ordinance which may be <br />contrary to the provisions of this S??tion, all r- - ?,°v or li? ,Ca,?ce Securities set aside and held in <br />trust pursuant to the provisions of t' __ ' ?ctic nor ??l ?ymen? ?fprincipal of the Bond and premium, <br />if any, and interest thereon, shall be ail ?? to and u d solely for the payment of the Bond and <br />premium, if any, and interest thereon, witrl ?nect to ? Which such money or Defeasance Securities <br />have been so set aside in trust. Ur?'' +he Dei. 'd r' end shall have become due and payable, the <br />Paying Agent/Registrar shall perf ?rrrl tl, ?rvices ?l t'aying Agent/Registrar for such Defeased Bond <br />the same as if they ha ?1?: been ' ?fea ,ed, ? he City shall make proper arrangements to provide <br />and pay for such sF vices as required ?y this ordinance. <br />(d) N? withst?. ? ??? anything elsewhere in this Ordinance, if money or Defeasance Securities <br />have been deb, sited or ? Cide with the Paying Agent/Registrar or a commercial bank or trust <br />company pursuant to this Se. ?? f? r the payment of the Bond and such Bond shall not have in fact <br />been actually paid in full, no arr? .?dment of the provisions of this Section shall be made without the <br />consent of the registered owner of each Bond affected thereby. <br />(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent that, <br />upon the defeasance of any Defeased Bond to be paid at its maturity, the City retains the right under <br />Texas law to later call that Defeased Bond for redemption in accordance with the provisions of the <br />Ordinance authorizing its issuance, the City may call such Defeased Bond for redemption upon <br />complying with the provisions of Texas law and upon the satisfaction of the provisions of subsection <br />(a) immediately above with respect to such Defeased Bond as though it was being defeased at the <br />time of the exercise of the option to redeem the Defeased Bond and the effect of the redemption is <br />taken into account in determining the sufficiency of the provisions made for the payment of the <br />Defeased Bond. <br />SAN MARCOSI CO Rfdg Bonds2008:Ordinance
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