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Ord 2011-057
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Ord 2011-057
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principal and interest in such amounts and at such times as will ensure the availability, without <br />reinvestment, of sufficient money to provide for such payment and when proper arrangements have <br />been made by the City with the Paying Agent/Registrar or an eligible trust company or commercial <br />bank for the payment of its services until all Defeased Bonds shall have become due and payable or <br />(3) any combination of (1) and (2). At such time as a Bond shall be deemed to be a Defeased Bond <br />hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable <br />from, or entitled to the benefits of, the ad valorem taxes herein levied as provided in this Ordinance, <br />and such principal and interest shall be payable solely from such money or Defeasance Securities. <br />(b) The deposit under clause (ii) of subsection (a) shall be deemed a payment of a Bond as <br />aforesaid when proper notice of redemption of such Bond shall have been given or upon the <br />establishment of irrevocable provisions for the giving of such notice, in accordance with this <br />Ordinance. Any money so deposited with the Paying Agent/Registrar or an eligible trust company <br />or commercial bank as provided in this Section may at the discretion of the City Council also be <br />invested in Defeasance Securities, maturing in the amounts and at the times as hereinbefore set forth, <br />and all income from all Defeasance Securities in possession of the Paying Agent/Registrar or an <br />eligible trust company or commercial bank pursuant to this Section which is not required for the <br />payment of such Bond and premium, if any, and interest thereon with respect to which such money <br />has been so deposited, shall be remitted to the City Council. <br />(c) Notwithstanding any provision of any other Section of this Ordinance which may be <br />contrary to the provisions of this Section, all money or Defeasance Securities set aside and held in <br />trust pursuant to the provisions ofthis Section for the payment of principal of the Bond and premium, <br />if any, and interest thereon, shall be applied to and used solely for the payment of the particular Bond <br />and premium, if any, and interest thereon, with respect to which such money or Defeasance Securities <br />have been so set aside in trust. Until all Defeased Bonds shall have become due and payable, the <br />Paying Agent/Registrar shall perform the services ofPaying Agent/Registrar for suchDefeased Bonds <br />the same as if they had not been defeased, and the City shall make proper arrangements to provide <br />and pay for such services as required by this Ordinance. <br />(d) Notwithstanding anything elsewhere in this Ordinance, if money or Defeasance Securities <br />have been deposited or set aside with the Paying Agent/Registrar or an eligible trust company or <br />commercial bank pursuant to this Section for the payment of the Bond and such Bond shall not have <br />in fact been actually paid in full, no amendment of the provisions of this Section shall be made without <br />the consent of the registered owner of each Bond affected thereby. <br />(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent that, <br />upon the defeasance of any Defeased Bond to be paid at its maturity, the City retains the right under <br />Texas law to later call that Defeased Bond for redemption in accordance with the provisions of this <br />Ordinance, the City may call such Defeased Bond for redemption upon complying with the provisions <br />of Texas law and upon the satisfaction of the provisions of subsection (a) immediately above with <br />respect to such Defeased Bond as though it was being defeased at the time of the exercise of the <br />option to redeem the Defeased Bond and the effect of the redemption is taken into account in <br />determining the sufficiency of the provisions made for the payment of the Defeased Bond. <br />San Marcos GORB 2011 - Delegated: Ordinance 19 <br />
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