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Ord 2002-054
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Ord 2002-054
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Last modified
9/18/2007 4:20:46 PM
Creation date
6/26/2006 4:41:53 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2002-54
Date
8/12/2002
Volume Book
148
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<br />(c) All officers of the City are authorized to do any and all things to execute and deliver any and <br />all documents, certificates or other instruments necessary or required for the issuance of any policy or <br />policies of municipal bond insurance relating to the Bonds. The ordinance requirements and accompanying <br />commitments for such insurance are hereby approved and made a part of this Ordinance by reference. To the <br />extent permitted by applicable law, the City will comply with all notice and other applicable requirements <br />of the insurer issuing the municipal bond insurance policy and financial guaranty insurance in connection <br />with the issuance of the Bonds, as such requirements may be in the effect and transmitted to Bond Counsel <br />with such insurer's commitment to issue such insurance. <br /> <br />(d) All officers of the City are authorized to execute such documents, certificates and receipts <br />as they may deem appropriate in order to consummate the delivery of the Bonds in accordance with the <br />Purchase Contract. <br /> <br />(e) The obligation of the Purchaser to accept delivery of the Bonds is subject to the Purchaser's <br />being furnished with the final, approving opinion of Fisher & Newsom, P.C., Bond Counsel for the City, <br />which opinion shall be dated and delivered the Closing Date. <br /> <br />(d) All officers of the City are authorized to take such actions and to execute such documents, <br />certificates and receipts as they may deem necessary and appropriate in order to consummate the delivery <br />of the Bonds. <br /> <br />(e) The obligation of the Purchaser to accept delivery of the Bonds is subject to the Purchaser <br />being furnished with the final, approving opinion of Fisher & Newsom, P.C., Bond Counsel for the City, <br />which opinion shall be dated as of and delivered on the Closing Date. <br /> <br />Section 7.02. Control and Delivery of Bonds. <br /> <br />(a) The Mayor of the City is hereby authorized to have control of the Initial Bond and all <br />necessary records and proceedings pertaining thereto pending investigation, examination and approval of the <br />Attorney General of the State of Texas, registration by the Comptroller of Public Accounts ofthe State of <br />Texas, and registration with, and initial exchange or transfer by, the Paying Agent/Registrar. <br /> <br />(b) After registration by the Comptroller of Public Accounts ofthe State of Texas, delivery of <br />the Bonds shall be made to the Purchaser under and subject to the general supervision and direction of the <br />Mayor of the City, against receipt by the City of all amounts due to the City under the terms of sale. <br /> <br />Section 7.03. Deposit of Proceeds. <br /> <br />(a) All amounts received on the Closing Date as accrued interest on the Bonds from the Bond <br />Date to the Closing Date plus an amount equal to $4,064.65 received in connection with the sale of the Bonds <br />shall be deposited to the Interest and Sinking Fund. <br /> <br />(b) The sum of $13,484,785.97 shall be deposited to the Escrow Fund, which sum shall be <br />applied as provided in the Escrow Agreement. <br /> <br />(c) The sum of$236,684.98 shall be deposited as directed by the Mayor of the City and used <br />to pay (i) the premium for the policy of municipal bond insurance to be issued by Financial Security <br />Assurance, Inc. ("FSA"), with respect to the Bonds, (ii) the premium for the Surety Policy also to be issued <br /> <br />R San Marcos\EUS Rfdg.02\Docs\OrdinanceIFinal.wpd <br /> <br />23 <br />
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