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Ord 2000-009
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Ord 2000-009
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Last modified
7/17/2006 12:00:22 PM
Creation date
7/17/2006 11:58:18 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Emergency Approval
Number
2000-9
Date
2/14/2000
Volume Book
139
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<br />ARTICLE XI <br /> <br />DISCHARGE AND DEFEASANCE <br /> <br />Section 11.01. Discharge and Defeasance bv Payment. <br /> <br />When any Bond or Bonds shall have been paid in full as to principal and interest, or when any Bond <br />or Bonds shall have become due and payable, whether at maturity or otherwise, and the City shall have <br />provided for the payment of the entire amount due or to become due on such Bond or Bonds by depositing <br />with the Paying AgentIRegistrar, for payment of such Bond or Bonds then outstanding, the entire amount <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 11.02. Discharge and Defeasance bv 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 shall 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 d4e 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 shall 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) of this <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: (A) direct noncallable obligations of the <br />United States of America, including obligations that are unconditionally guaranteed by the United <br />States of America, (B) noncallable obligations of an agency or instrumentality of the United States, <br />including obI igations that are unconditionally guaranteed or insured by the agency or instrumentality <br />and that, on the date the governing body of the City adopts or approves the proceedings authorizing <br />the issuance of refunding obligations, are rated as to investment quality by a nationally recognized <br />investment rating firm not less than AAA or its equivalent, and/or (C) noncilllable obligations of a <br />state or an agency or a county, municipality, or other political subdivision of a state that have been <br /> <br />R:\SANMAR\GO.OO\DOCS\FlNAL~o. v.pd <br /> <br />27 <br />
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