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Res 2005-036
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Res 2005-036
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Last modified
12/29/2005 11:02:16 AM
Creation date
12/29/2005 10:54:13 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-36
Date
3/21/2005
Volume Book
161
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<br />(iii) the City shall make provision for the investment of such moneys by the Paying <br />AgentJRegistrar 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 />AgentlRegistrar, upon receipt of a letter of instructions from the City requesting the same, shall discharge <br />and release the lien ofthis 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 />(d) Notwithstanding any other provision of this Ordinance to the contrary, any determination <br />not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified above <br />shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City <br />expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of <br />that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice <br />of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the <br />redemption, satisfies the conditions above with respect to such defeased debt as though it was being defeased <br />at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into <br />account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. <br /> <br />ARTICLE XIII <br /> <br />CONTINUING DISCLOSURE UNDERTAKING <br /> <br />Section 13.01. Definitions. <br /> <br />As used in this Article, the following terms have the meanings ascribed to such terms below: <br /> <br />"MSRB" means the Municipal Securities Rulemaking Board. <br /> <br />"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally <br />recognized municipal securities information repository within the meaning of the Rule from time to time. <br /> <br />"Rule" means SEC Rule l5c2-12, as amended from time to time. <br /> <br />"SEC" means the United States Securities and Exchange Commission. <br /> <br />"SID" means any person designated by the State of Texas or an authorized department, officer, or <br />agency thereof as, and determined by the SEe or its staff to be, a state information depository within the <br />meaning of the Rule from time to time. <br /> <br />R:\San Marcos\WWWWRfd,05\Docs\OrdinanGc\Ord fina1.wpd <br /> <br />31 <br />
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