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Ord 2007-036
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Ord 2007-036
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Last modified
6/26/2008 10:49:11 AM
Creation date
6/22/2007 3:11:39 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2007-36
Date
6/19/2007
Volume Book
172
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publicly, Prime Rate shall be the publicly announced prime or base lending rate of such national bank as <br />Ambac Assurance shall specify Notwithstanding the foregoing, to the extent any payment obligation <br />described in this paragraph would require the City to make a payment to Ambac Assurance other than <br />a payment that the City is otherwise required to make pursuant to the terms of the Obligations, then <br />such payment shall be subject to annual appropriation by the City and shall be made only to the extent <br />permitted by law <br />ARTICLE XIV <br />AMENDMENTS, FURTHER PROCEDURES, AND SEVERABILITY <br />Section 14 O1 Amendments <br />This Ordinance shall not be amended or repealed by the Crty while any Bond remains outstanding, <br />except as permitted by this Section. The Crty, without the consent of or notice to any Owner, from time to <br />time and at any time, may amend this Ordinance m any manner not detrimental to the interests of the <br />Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In <br />addition, the City, with the written consent of Owners holding a ma~onty m aggregate principal amount of the <br />Bonds then outstanding affected thereby, may amend, add to, or rescind any of the provisions of this Ordinance, <br />provided that, without the consent of all Owners of then outstanding Bonds, no such amendment, addition, or <br />recession shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the <br />principal amount thereof, redemption price therefor, or the rate of interest thereon, or m any other way modify <br />the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any Bond over any <br />other Bond, or (iii) reduce the aggregate principal amount of Bonds required for consent to any such <br />amendment, addition, or recession. <br />Section 14 02 Further Procedures <br />The officers and employees of the City are hereby authorized and directed from time to time and at any <br />time to do and perform all such acts and things and to execute, acknowledge and deliver m the name and on <br />behalf of and under the corporate seal of the City all such instruments, whether mentioned herein or not, as may <br />be necessary or desirable m order to carry out the terms and provisions of this Ordinance, the initial sale and <br />delivery of the Bonds, the Paying Agent/Registrar Agreement, and the Official Statement. In addition, prior <br />to the mrt~al delivery of the Bonds, the Mayor, the Crty Manager or Director of Finance of the Crty, and Bond <br />Counsel are hereby authorized and directed to approve any techmcal changes or corrections to this Ordinance <br />or to any of the instruments authorized and approved by this Ordinance necessary m order to (i) correct any <br />ambiguity or mistake or properly or more completely document the transactions contemplated and approved <br />by this Ordinance and as described m the Official Statement, (ii) obtain a rating from any of the national bond <br />rating agencies, or (iii) obtain the approval of the Bonds by the Attorney General of Texas In the event that <br />any officer of the Crty whose signature shall appear on any certificate shall cease to be such officer before the <br />delivery of such certificate, such signature nevertheless shall be valid and sufficient for all purposes the same <br />as if such officer had remained m office until such delivery <br />Section 14 03 Payment of Attorney General Fee <br />The City hereby authorizes the disbursement of a fee equal to the lesser of (i) one-tenth of one percent <br />of the principal amount of the Bonds or (ii) $9,500, provided that such fee shall not be less than $750, to the <br />Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State <br />sanMarcosG02007 Ordinance 35 <br />
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