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Ord 2013-023/Electric System Revenue Bonds in an amount not to exceed $19,500,000
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Ord 2013-023/Electric System Revenue Bonds in an amount not to exceed $19,500,000
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4/3/2014 11:14:12 AM
Creation date
6/10/2013 10:44:52 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2013-23
Date
4/2/2013
Volume Book
196
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redemption. Such notice shall briefly set forth the nature of the proposed amendment and shall state <br />that a copy thereof is on file at the principal office of the Paying Agent /Registrar for inspection by <br />all Owners of Bonds. Such publication is not required, however, if the City gives or causes to be <br />given such notice in writing to each Owner of Bonds. A copy of such notice shall be provided in <br />writing to each rating agency maintaining a rating on the Bonds and to the Bond Insurer. <br />(c) Receipt of Consents. Whenever at any time the City shall receive an instrument or <br />instruments executed by all of the Owners or the Owners of Outstanding Bonds aggregating a <br />majority in Outstanding Principal Amount, as appropriate, which instrument or instruments shall <br />refer to the proposed amendment described in said notice and which consent to and approve such <br />amendment in substantially the form of the copy thereof on file as aforesaid, the City may adopt the <br />amendatory resolution in substantially the same form. <br />(d) Consent Irrevocable. Any consent given by any Owner pursuant to the provisions <br />of this Section shall be irrevocable for a period of six (6) months from the date of the first <br />publication or other service of the notice provided for in this Section, and shall be conclusive and <br />binding upon all future Owners of the same Bond during such period. Such consent may be revoked <br />at any time after six (6) months from the date of the first publication of such notice by the Owner <br />who gave such consent, or by a successor in title, by filing notice thereof with the Paying <br />Agent /Registrar and the City, but such revocation shall not be effective if the Owners of Outstanding <br />Bonds aggregating a majority in Outstanding Principal Amount prior to the attempted revocation <br />consented to and approved the amendment. Notwithstanding the foregoing, any consent given at <br />the time of and in connection with the initial purchase of Bonds shall be irrevocable. <br />(e) Ownership. For the purpose of this Section, the ownership and other matters relating <br />to all Bonds registered as to ownership shall be determined from the Security Register kept by the <br />Paying Agent /Registrar therefor. The Paying Agent /Registrar may conclusively assume that such <br />ownership continues until written notice to the contrary is served upon the Paying Agent /Registrar. <br />Section 6.03. EFFECT OF AMENDMENTS. Upon the adoption by the City of any <br />resolution to amend this First Supplement pursuant to the provisions of this Article, this First <br />Supplement shall be deemed to be amended in accordance with the amendatory resolution, and the <br />respective rights, duties, and obligations of the City and all the Owners of Outstanding Bonds shall <br />thereafter be determined, exercised, and enforced under the Master Ordinance and this First <br />Supplement, as amended. <br />ARTICLE VII <br />MISCELLANEOUS <br />Section 7.01. DISPOSITION OF BOND PROCEEDS AND OTHER FUNDS. Proceeds <br />from the sale of the Bonds shall, promptly upon receipt thereof, be applied by the Chief Financial <br />Officer as follows: <br />(i) any underwriting discount or fees and any Credit Agreement fees for the Bonds may <br />be retained by and/or wired directly to such parties; <br />SanMARCOS \ElectricUti)SysRevBonds\2013: 1 stSuppOrdinance 20 <br />
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