Laserfiche WebLink
owner of each Bonds affected thereby. <br />(e) Retention of Rights. Notwithstanding the provisions of subsection (a) of this Section, <br />to the extent that, upon the defeasance of any Defeased Debt to be paid at its maturity, the City <br />retains the right under State law to later call that Defeased Debt for redemption in accordance with <br />the provisions of this First Supplemental Ordinance relating to the Defeased Debt, the City may call <br />such Defeased Debt for redemption upon complying with the provisions of State law and upon the <br />satisfaction of the provisions of subsection (a) of this Section with respect to such Defeased Debt <br />as though it was being defeased at the time of the exercise of the option to redeem the Defeased <br />Debt and the effect of the redemption is taken into account in determining the sufficiency of the <br />provisions made for the payment of the Defeased Debt. <br />Section 7.04. PAYING AGENT /REGISTRAR AGREEMENT AND OFFICIAL <br />STATEMENT. The Paying Agent /Registrar Agreement by and between the City and the Paying <br />Agent /Registrar in substantially the form and substance previously approved by the City Council <br />and the Pricing Officer is hereby authorized and directed to complete, amend, modify and execute <br />the Paying Agent Agreement as necessary. <br />Section 7.05. FURTHER PROCEDURES. Each Authorized Representative is hereby <br />expressly authorized, empowered, and directed from time to time and at any time to do and perform <br />all such acts and things and to execute, acknowledge, and deliver in the name and under the <br />corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as <br />may be necessary or desirable in order to carry out the terms and provisions of this First Supplement, <br />the Bonds, the sale and delivery of the Bonds, and fixing all details in connection therewith, and the <br />Paying Agent/Registrar Agreement. In connection with the issuance and delivery of each the Bonds, <br />the above - stated officers, with the advice of the City Attorney and Bond Counsel to the City, are <br />hereby authorized to approve, subsequent to the date of the adoption of this First Supplement, any <br />amendments to the above named documents, and any technical amendments to this First Supplement <br />as permitted by Section 6.01 (v) or (vi) and a Authorized Representative is hereby authorized to <br />execute this First Supplement to evidence approval of such changes. <br />Section 7.06. NONPRESENTMENT OF BONDS. If any Bond shall not be presented for <br />payment when the principal thereof becomes due, either at maturity or otherwise if moneys <br />sufficient to pay such Bond shall have been deposited with the Paying Agent /Registrar, it shall be <br />the duty of the Paying Agent /Registrar to hold such moneys, without liability to the City, any <br />Owner, or any other person for interest thereon, for the benefit of the Owner of such Bond. <br />Any moneys so deposited with and held by the Paying Agent /Registrar due to <br />nonpresentment of Bonds must be retained by the Paying Agent /Registrar for a period of at least two <br />years after the final maturity date of the Bonds or advance refunding date, if applicable. Thereafter, <br />to the extent permitted by the unclaimed property laws of the State, such amounts shall be paid by <br />the Paying Agent /Registrar to the City, free from the trusts created by this First Supplement and <br />Owners shall be entitled to look only to the City for payment, and then only to the extent of the <br />amount so repaid by the Paying Agent /Registrar. <br />SanMARCOS \ElectricUtilSysRevBonds \2013: 1 stSuppOrdinance 23 <br />