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Ord 2004-048
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Ord 2004-048
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Last modified
9/18/2007 4:18:59 PM
Creation date
6/16/2005 1:17:57 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2004-48
Date
8/23/2004
Volume Book
156
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<br />due or to become due thereon, and the City shall also have paid or caused to be paid all sums payable with <br />respect to such Bond or Bonds under this Ordinance, and shall have made proper arrangements for payment <br />of the compensation due or to become due the Paying Agent/Registrar with respect to such Bond or Bonds, <br />then the Bond or Bonds thus paid or for which provision for payment is thus made shall be deemed paid and <br />retired and shall no longer be regarded as outstanding and unpaid, and the Paying Agent/Registrar, upon <br />receipt of a letter of instructions from the City requesting the same, shall discharge and release the lien of <br />this Ordinance with respect to such Bond or Bonds and execute and deliver to the City such releases or other <br />instruments as shall be requisite to release the lien hereof. <br /> <br />Section 12.02. Discharge and Defeasance by Deposit. <br /> <br />(a) The City may discharge its obligation to pay the principal of and interest on all or any <br />portion of the Bonds and its obligation to pay other sums payable or to become payable under this Ordinance <br />by the City, including the compensation due or to become due the Paying Agent/Registrar, by complying with <br />the following provisions: <br /> <br />(i) the City shaH deposit or cause to be deposited with the Paying Agent/Registrar or <br />other lawfully authorized entity an amount of money that, together with the interest earned on or <br />capital gains or profits to be realized from the investment of such money, will be sufficient to pay <br />the principal of, accrued interest on and redemption premium, if any, on such Bond or Bonds to <br />maturity or prior redemption, and to pay such other amounts as may be reasonably estimated by the <br />Paying Agent/Registrar to become payable under this Ordinance with respect to the Bond or Bonds <br />being provided for, including the compensation due or to become due the Paying Agent/Registrar; <br />and <br /> <br />(ii) if such Bond or Bonds are scheduled to paid or redeemed on a date later than the <br />next scheduled interest payment date thereon, the City shaH establish or cause to be established a <br />separate escrow account fund with the Paying Agent/Registrar or such other lawfully authorized <br />entity pursuant to an escrow deposit agreement for the deposit pursuant to subsection (a)(i) ofthis <br />Section; <br /> <br />(iii) the City shall make provision for the investment of such moneys by the Paying <br />Agent/Registrar or such other lawfully authorized entity in direct noncallable obligations of the <br />United States of America, including obligations the principal of and interest on which are <br />unconditionally guaranteed by the United States of America; provided that such obligations shall <br />mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide <br />for the scheduled payment and/or redemption of such Bond or Bonds and may be in book entry form; <br /> <br />(iv) the City shall make provision for the payment to the Owners at the date of maturity <br />or prior redemption of the full amount to which the Owners of such Bond or Bonds would be entitled <br />by way of principal and interest to the date of such maturity; and <br /> <br />(b) Upon compliance with subsection (a) of this Section, the Bond or Bonds for the payment <br />of which provision is thus made shall no longer be regarded as outstanding and unpaid, and the Paying <br />Agent/Registrar, upon receipt of a letter of instructions from the City requesting the same, shall discharge <br />and release the lien of this Ordinance as to such Bond or Bonds and shall execute and deliver to the City such <br />releases or other instruments as shall be requisite to release the lien hereof. <br /> <br />(c) Following the final payment of the principal of, interest on and redemption premium, if any, <br />of such Bond or Bonds, any moneys, interest earnings, profits or capital gains over and above the amounts <br />necessary for such purposes shall be paid to the City. <br /> <br />R:ISan Marcosl WWSS.04\Docs\OrdinanceIOrdinance Final. wpd <br /> <br />30 <br />
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