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Ord 2011-072
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Ord 2011-072
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Last modified
12/20/2012 1:44:31 PM
Creation date
4/18/2012 11:27:23 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2011-072
Date
12/6/2012
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ARTICLE XI <br />DISCHARGE AND DEFEASANCE <br />Section 11.01. Defeasance of Certificates. <br />(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no <br />longer outstanding (a "Defeased Certificate ") within the meaning of this Ordinance, except to the <br />extent provided in subsections (c) and (e) of this Section, when payment of the principal of such <br />Certificate, plus interest thereon to the due date or dates (whether such due date or dates be by <br />reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be <br />made in accordance with the terms thereof (including the giving of any required notice of redemption <br />or the establishment of irrevocable provisions for the giving of such notice) or (ii) shall have been <br />provided for on or before such due date by irrevocably depositing with or making available to the <br />Paying Agent/Registrar or an eligible trust company or commercial bank for such payment (1) lawful <br />money of the United States of America sufficient to make such payment, (2) Defeasance Securities, <br />certified by an independent public accounting firm of national reputation to mature as to principal and <br />interest in such amounts and at such times as will ensure the availability, without reinvestment, of <br />sufficient money to provide for such payment and when proper arrangements have been made by the <br />City with the Paying Agent/Registrar or an eligible trust company or commercial bank for the <br />payment of its services until all Defeased Certificates shall have become due and payable or (3) any <br />combination of (1) and (2). At such time as a Certificate shall be deemed to be a Defeased Certificate <br />hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, <br />payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and <br />pledged as provided in this Ordinance, and such principal and interest shall be payable solely from <br />such money or Defeasance Securities. <br />(b) The deposit under clause (ii) of subsection (a) shall be deemed a payment of a <br />Certificate as aforesaid when proper notice of redemption of such Certificates shall have been given <br />or upon the establishment of irrevocable provisions for the giving of such notice, in accordance with <br />this Ordinance. Any money so deposited with the Paying Agent/Registrar or an eligible trust <br />company or commercial bank as provided in this Section may at the discretion of the City Council <br />also be invested in Defeasance Securities, maturing in the amounts and at the times as hereinbefore <br />set forth, and all income from all Defeasance Securities in possession of the Paying Agent/Registrar <br />or an eligible trust company or commercial bank pursuant to this Section which is not required for <br />the payment of such Certificate and premium, if any, and interest thereon with respect to which such <br />money 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 of this Section for the payment of principal of the Certificates and <br />premium, if any, and interest thereon, shall be applied to and used solely for the payment of the <br />particular Certificates and premium, if any, and interest thereon, with respect to which such money <br />San Marcos CTRCO 2011: Ordinance 33 <br />
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