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Ord 1996-038
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Ord 1996-038
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Last modified
9/18/2007 5:56:50 PM
Creation date
6/14/2007 9:42:29 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1996-38
Date
5/13/1996
Volume Book
124
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<br /> C¡AIJ <br /> ARTICLE XIII <br /> - <br /> DISCHARGE <br /> Section 13.01. Discharge bv Pavment. <br /> When all Bonds have been paid in full as to principal and as to interest and premium, if any, or when all <br /> Bonds have become due and payable, whether at maturity or otherwise, and the City shall have provided for the <br /> payment of the whole amOl.mt due or to become due on all Bonds then outstanding, including aU interest that has <br /> accrued thereon or that may accrue to the date of maturity, and any premium due or that may become due at <br /> maturity, by depositing \v-ith the Paying Agent/Registrar, for payment of the principal of such outstanding Bonds <br /> and the interest accrued thereon and any premium due thereon, the entire amount due or to become due thereon, <br /> and the City shall also have paid or caused to be paid all sums payable 1.IDder this Ordinance by the City, including <br /> the compensation due or to become due the Paying Agent/Registrar, then the Paying AgentfRegistrar, upon <br /> receipt of a letter of instructions from the City requesting the same, shall discharge and release the lien of this <br /> Ordinance and execute and deliver to the City such releases or other instruments as shall be requisite to release <br /> the lien hereof. <br /> Section 13.02. Discharge bv Deposit. <br /> (a) The City may discharge its obligation to pay the principal of, premium, if any, and interest on <br /> all or any portion of the Bonds 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 /> .. <br /> (i) depositing or causing to be deposited with the Paying AgentfRegistrar an amount of <br /> money that, together with the interest earned on or capital gains or profits to be realized from the <br /> investment of such money, ",ill be sufficient to pay the principal of, premium, if any, and accrued interest <br /> on such Bonds to maturity or to the date fixed for prior redemption of such Bonds, and to pay such other <br /> amounts as may be reasonably estimated by the Paying Agent/Registrar to become payable under this <br /> Ordinance, including the compensation due or to become due the Paying Agent/Registrar; and <br /> (ii) providing the Paying Agent/Registrar \vith an opinion of nationally recognized bond <br /> counsel acceptable to the Paying Agent/Registrar to the effect that the deposit specified in subdivision <br /> (i) of this subsection (a) \v-ill not cause the interest on the Bonds to become subject to federal income <br /> ta.xation. <br /> (b) Subject to subsection (c) of this Section, upon compliance with subsection (a) of this Section, <br /> the Bonds for which provision is so made shall no longer be regarded as outstanding and unpaid, and the Paying <br /> Agent/Registrar, upon receipt of a letter of instructions from the City requesting the same, shall discharge and <br /> release the lien of this Ordinance and execute and deliver to the City such releases or other instruments as shall <br /> be requisite to release the lien hereof. <br /> (c) Before the discharge and release of the lien of this Ordinance pursuant to this Section, provision <br /> shall have been made by the City with the Paying Agent/Registrar for: <br /> (i) the establishment of a separate escrow account fund \vith the Paying Agent/Registrar <br /> for the deposit pursuant to subsection (a)(i) of this Section; <br /> '" \SAN"'AIl' wwss. '" DOCS'O IlDN= FN 30 <br />
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