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<br />No default by the City in observing or performing its obligations under this Article shall comprise <br />a breach of or default under the Ordinance for purposes of any other provision of this Ordinance, <br /> <br />Nothing in this Article is intended or shall act to disclaim, waiver, or otherwise limit the duties of <br />the City under federal state securities laws. <br /> <br />The provisions of this Article may be amended by the City from time to time to adapt to changed <br />circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, <br />nature, status, or type of operations of the City, but only if(l) the provisions of this Article, as so amended, <br />would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in <br />compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date <br />of such amendment, as well as such changed circumstances, and (2) either (a) the Owners of a majority <br />in aggregate principal amount of the Outstanding Bonds consent to such amendment or (b) a person that <br />is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment <br />will not materially impair the interests of the Owners and beneficial owners of the Bonds. The Issuer may <br />also repeal or amend the provisions of this Article if the SEC amends or repeals the applicable provisions <br />of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, <br />but in either case only if and to the extent that the provisions of this sentence would not prevent an <br />underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. If the Issuer <br />so amends the provisions of this Article, it shall include with any amended financial information or <br />operating data next provided in accordance with Section 13.02 an explanation, in narrative form, of the <br />reasons for the amendment and of the impact of any change in the type of financial information or operating <br />data so provided. <br /> <br />ARTICLE XV <br /> <br />SURETY POLICY <br /> <br />Section 15.01. Surety Policy. <br /> <br />In order to satisfy in whole or in part the City's obligations with respect to the Reserve Fund <br />provided in this Ordinance, and subject to the provisions of Section 8.05(b) hereof, the City may purchase <br />from a Surety or Sureties a Surety Policy or Policies for such Fund, in an amount equal to the all or a <br />portion of the amount of the average annual requirement for the payment of principal and interest with <br />respect to the Bonds, it being found and determined that the substitution of a Surety Policy in lieu of <br />depositing cash to the Reserve Fund is cost effective. <br /> <br />ARTICLE XVI <br /> <br />PUBLIC MEETING; EMERGENCY DECLARATION <br /> <br />Section 16.01. Public Meeting. <br /> <br />It is officially found, determined, and declared that the meeting at which this Ordinance has been <br />adopted was open to the public and public notice of the time, place and subject matter of the public <br />business to be considered and acted upon at said meeting, including this Ordinance, was given, all as <br />required by the applicable provisions of Tex. Gov't Code Ann. ch.551, as amended. <br /> <br />R:\SANMAR\WWSS.98\DOCS\ORDNCE <br /> <br />32 <br />