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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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of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of <br />default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially <br />adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act <br />of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, (v) <br />obtain insurance or ratings on the Bond, (vi) obtain the approval of the Attorney General of the State <br />Texas, or (vii) make such other provisions in regard to matters or questions arising under this <br />Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the <br />opinion of the City's Bond Counsel materially adversely affect the interests of the holders. <br />(b) Except as provided in paragraph (a) above, the Registered Owner of the Bond shall <br />have the right from time to time to approve any amendment hereto '? may be deemed necessary or <br />desirable by the City; provided, however, nothing herein contained sh? permit or be construed to <br />permit amendment of the terms and conditions of this Ordinance or t'1? L, ' so as to: <br />(1) Make any change in the maturity of the Bona <br />(2) Reduce the rate of interest borne by .ne t? yid; <br />(3) Reduce the amount of t'?t 1 ? ??cipal o, ?r redemY on premium, if any, payable <br />on the Bond; <br />(4) Modify the te?ms of pa??? - ?,? ?fprim ? ? of interest or redemption premium <br />on the Bond or imps .? ?y c lul?l?? ??th res? pct to such payment; or <br />(5) Change the minims ?ercenta ;e of the principal amount of the Bond <br />necessary for conser? `? such al. ,?m? ??t. <br />(c) If at anT ?ull' the ( ? v sl? ill (? ? -P .o amend this Ordinance under this Section, the City <br />shall send by U.S. Y ail to the register d owe .?? of the Bond a copy of the proposed amendment and <br />cause notice of ' _l. ??posed amend, -` o be published at least once in a financial publication <br />published in T' e City , TPw York, New York or in the State of Texas. Such published notice shall <br />briefly set fors, the natul. the proposed amendment and shall state that a copy thereof is on file <br />at the office of the City for 11_ ?t??.,n by all holders of such Bond. <br />(d) Whenever at any time within one year from the date of publication of such notice the <br />City shall receive an instrument or instruments executed by the Registered Owner of the Bond, which <br />instrument or instruments shall refer to the proposed amendment and that shall specifically consent <br />to and approve such amendment, the City may adopt the amendment in substantially the same form. <br />(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this <br />Section, this Ordinance shall be deemed to be modified and amended in accordance with such <br />amendatory Ordinance, and the respective rights, duties, and obligations of the City and all holders <br />of such affected Bond shall thereafter be determined, exercised, and enforced, subject in all respects <br />to such amendment. <br />SAN MARCOSI CO Rfdg Bonds2008:Ordinance ??
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