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Ord 1994-059
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Ord 1994-059
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Last modified
6/29/2007 11:24:11 AM
Creation date
6/29/2007 11:24:11 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1994-59
Date
7/25/1994
Volume Book
116
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<br /> z'lll-! <br /> Section 11.03. Remedies Not Exclusive. <br /> (a) No remedy herein conferred or reserved is intended to be exclusive of any other available <br /> remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every <br /> other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; <br /> provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the <br /> debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. <br /> (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver <br /> of any other available remedy. <br /> ARTICLE XII <br /> DISCHARGE <br /> Section 12.01. Discharge by Payment. <br /> When all Bo'nds have been paid in full as to principal and as to interest and premium, if any, or <br /> when all Bonds have become due and payable, whether at maturity or otherwise, and the City shall have <br /> provided for the payment of the whole amount due or to become due on all Bonds then outstanding, <br /> including all interest that has accrued thereon or that may accrue to the date of maturity, and any premium <br /> due or that may become due at maturity, by depositing with the Paying AgentfRegistrar, for payment of <br /> the principal of such outstanding Bonds and the interest accrued thereon and any premium due. thereon, <br /> the entire amount due or to become due thereon, and the City shall also have Ptlid or caused to be paid <br /> all sums payable under this Ordinance by.the City, including the compensation due or to become due the <br /> Paying Agent/Registrar, then the Paying Agent/Registrar, upon receipt of a letter of instructions from the <br /> City requesting the same, shall discharge and release the lien of this Ordinance and execute and deliver <br /> to the City such releases or other instruments as shall be requisite to release the lien hereof. <br /> Section 12.02. Discharge bv Deposit. <br /> <br /> (a) The City may discharge its obligation to pay the principal of, premium, if any, and <br /> interest on all or any portion of the Bonds and its obligation to pay other sums payable or to become <br /> payable under this Ordinance by the City, including the ~ompensation due or to become due the Paying <br /> Agent/Registrar, by: <br /> (i) depositing or causing to be deposited with the Paying Agent/Registrar an amount <br /> of money that, together with the interest earned on or capital gains or profits to be realized from <br /> the investment of such money, will be sufficient to pay the principal of, premium, if any, and <br /> accrued interest on such Bonds to maturity or to the date fixed for prior redemption of such <br /> Bonds, and to pay such other amounts as may be reasonably estimated by the Paying <br /> Agent/Registrar to become payable under this Ordinance, including the compensation due or to <br /> become due the Paying Agent/Registrar; and <br /> (ii) providing the Paying Agent/Registrar with an opinion of nationally recognized <br /> bond counsel acceptable to the Paying Agent/Registrar to the effect that the deposit specified in <br /> subdivision (i) of this subsection (a) will not cause the interest on the Bonds to become subject <br /> to federal income taxation. <br /> SAN~{'.o.R\\\¡WSS9-1 DOCS"oRDNCE:027.43:IIBBF 32 <br />
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