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Ord 2000-010
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Ord 2000-010
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7/19/2006 1:54:24 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2000-10
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 Certificate or Certificates shall have been paid in full as to principal and interest, or when <br />any Certificate or Certificates shall have become due and payable, whether at maturity or otherwise, and the <br />City shall have provided for the payment of the entire amount due or to become due on such Certificate or <br />Certificates by depositing with the Paying Agent/Registrar, for payment of such Certificate or Certificates <br />then outstanding, the entire amount due or to become due thereon, and the City shall also have paid or caused <br />to be paid all sums payable with respect to such Certificate or Certificates under this Ordinance, and shall <br />have made proper arrangements for payment of the compensation due or to become due the Paying <br />Agent/Registrar with respect to such Certificate or Certificates, then the Certificate or Certificates thus paid <br />or for which provision for payment is thus made shall be deemed paid and retired and shall no longer be <br />regarded as outstanding and unpaid, and the Paying Agent/Registrar, upon receipt of a letter of instructions <br />from the City requesting the same, shall discharge and release the lien of this Ordinance with respect to such <br />Certificate or Certificates and execute and deliver to the City such releases or other instruments as shall be <br />requisite to release the lien hereof. <br /> <br />Section 11.02. 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 Certificates and its obligation to pay other sums payable or to become payable under this <br />Ordinance by the City, including the compensation due or to become due the Paying Agent/Registrar, by <br />complying with the following provisions: <br /> <br />(i) the City shall deposit or cause to be deposited with the Paying Agent/Registrar an <br />amount of money that, together with the interest earned on or capital gains or profits to be realized <br />from the investment of such money, will be sufficient to pay the principal of, accrued interest on and <br />redemption premium, if any, on such Certificate or Certificates to maturity or prior redem ption, and <br />to pay such other amounts as may be reasonably estimated by the Paying Agent/Registrar to become <br />payable under this Ordinance with respect to the Certificate or Certificates being provided for, <br />including the compensation due or to become due the Paying Agent/Registrar; and <br /> <br />(ii) if such Certificate or Certificates are scheduled to paid or redeemed on a date later <br />than the next scheduled interest payment date thereon, the City shall establish or cause to be <br />established a separate escrow account fund with the Paying AgentlRegistrar pursuant to an escrow <br />deposit agreement for the deposit pursuant to subsection (a)(i) of this Section; <br /> <br />(iii) the City shall make provision for the investment of such moneys by the Paying <br />Agent/Registrar in: (A) direct noncallable obligations of the United States of America, including <br />obligations that are unconditionally guaranteed by the United States of America, (B) noncallable <br />obligations of an agency or instrumentality of the United States, including obligations that are <br />unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the <br />govern ing body ofthe City adopts or approves the proceedings authorizing the issuance of refunding <br />obligations, are rated as to investment quality by a nationally recognized investment rating firm not <br />less than AAA or its equivalent, and/or (C) noncallable obligations of a state or an agency or a <br /> <br />R:\SANMARICOOO\DocsIFlNAL\ORDCO. WPD <br /> <br />29 <br />
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