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Ord 1999-011
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Ord 1999-011
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Last modified
9/18/2007 4:22:19 PM
Creation date
8/11/2006 10:15:46 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1999-11
Date
3/1/1999
Volume Book
136
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<br />Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given <br />by any Owner to the City. <br /> <br />Section 11.02. Remedies for Default. <br /> <br />(a) Upon the happening of any Event of Default, then and in every case any Owner or an <br />authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed <br />against the City for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, <br />by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent <br />jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement <br />contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of <br />the Owners hereunder or any combination of such remedies. <br /> <br />(b) It is provided that all such proceedings shall be instituted and maintained for the equal <br />benefit of all Owners of Bonds then outstanding. <br /> <br />Section 11.03. Remedies Not Exclusive. <br /> <br />(a) No remedy herein conferred or reserved is intended to be exclusive of any other available <br />remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every <br />other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, <br />however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt <br />evidenced by the Bonds shall not be available as a remedy under this Ordinance. <br /> <br />(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of <br />any other available remedy. <br /> <br />ARTICLE XII <br /> <br />DEFEASANCE AND REFUNDING <br /> <br />Section 12.01. Defeasance and Refunding <br /> <br />The City reserves the right to defease or refund the Bonds in any manner permitted by law. <br /> <br />ARTICLE XIII <br /> <br />LAPSE OF PAYMENT <br /> <br />Section 13.01. Lal'se ofPavment. <br /> <br />(a) Unclaimed Payments shall be segregated in a special escrow account and held in trust, <br />uninvested, by the Paying Agent/Registrar for the account of the Owner of the Bonds to which the U nc1aimed <br />Payments pertain. <br /> <br />(b) Subject to any applicable escheat, abandoned property or similar law, including Title 6 of <br />the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three <br />years after the applicable payment or redemption date shall be applied to the next payment or payments on <br />the Bonds thereafter coming due, and, to the extent any such money remains after the retirement of all <br />outstanding Bonds, shall be paid to the City to be used for any lawful purpose. Thereafter, neither the City, <br />the Paying Agent/Registrar nor any other person shall be liable or responsible to any Owners of such Bonds <br /> <br />R,ISANMAR\ WWSS. 99\DOCS\ORDNCFN. WPD <br /> <br />29 <br />
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