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O-1994-1971
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O-1994-1971
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11/2/2016 3:38:54 PM
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Legislative Records
Legislative Type
Ordinance
Date
3/14/1994
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<br />e <br /> <br />e <br /> <br />SECTION 16. CONSIDERATIONS OF REFUNDING. The Council hereby finds that by refunding the <br />Refunded Obligations the Issuer will (i) lower the annual debt service requirements with respect to its general tax <br />obligations and (ii) restructure its debt service in a manner which will allow the issuance of additional bond <br />issues without a tax rate increase or with a smaller increase than would otherwise be required. <br /> <br />SECTION 17. NOTICE OF REDEMPTION TO PAYING AGENT AND REGISTERED OWNERS AND <br />PUBLICATION. The principal of and accrued interest on the Refunded Obligations shall be paid on the earliest <br />redemption date with proceeds of the Bonds. and the Refunded Obligations are hereby called for redemption on <br />said dates. Texas Commerce Bank. National Association, Houston. Texas is hereby directed to make appropriate <br />arrangements so that the principal of and accrued interest on such Refunded Obligations may be redeemed at <br />said bank on such redemption dates. Unless notice is waived by the owners thereof. a copy of the Notices of <br />Prior Redemption. substantially in the form attached hereto as Exhibit A. shall be delivered to the paying agent <br />bank for the Refunded Obligations and a copy of such Notices of Prior Redemption shall be mailed to the <br />registered owner thereof. or otherwise given as provided in the appropriate order. resolution, or ordinance <br />authorizing the Refunded Obligations. <br /> <br />SECTION 18. ESCROW AGREEMENT. The discharge of the Refunded Obligations shall be effectuated <br />pursuant to the tenns and provisions of the Escrow Agreement, the terms and provisions of which are hereby <br />approved, subject to such insenions, additions, and modifications as shall be necessary (a) to carry out the <br />program designed for the City by Masterson Moreland Sauer Whisman. Inc. and which shall be certified as to <br />mathematical accuracy by Deloitte & Touche. Cenified Public Accountants. whose Repon s~ be; delivered with <br />the Escrow Agreement. (b) to maximize the City's present value savings and/or minimize the City costs of <br />refunding, (c) to comply with all applicable laws and regulations relating to the refunding of the Refunded <br />Obligations. and (d) to carry out the other intents and purposes of this Ordinance. and the Mayor is hereby <br />authorized to execute and deliver the Escrow Agreement on behalf of the City in multiple counterparts and the <br />City Secretary is hereby authorized to attest thereto and affix the City's seal. <br /> <br />SECTION 19. SOURCE OF CITY FUNDS USED IN REFUNDING. The amount of $ <br />available funds of the City are hereby appropriated and shall be deposited to the Escrow Fund which together <br />with cenain proceeds of the Bonds shall be used to refund the Refunded Obligations. <br /> <br />SECTION 20. PURCHASE OF UNITED STATES TREASURY OBLIGATIONS. To assure the purchase <br />of the Escrowed Securities referred to in the Escrow Agreement. the Mayor. the City's Chief Financial Officer, <br />and the Escrow Agent are hereby authorized to subscribe for, agree to purchase. and purchase non-callable <br />obligations of the United States of America. in such amounts and maturities and bearing interest at such rates as <br />may be provided for in the Repon, and to execute any and all subscriptions, purchase agreements, commitments, <br />letters of authorization, and other documents necessary to effectuate the foregoing, and any actions heretofore <br />taken for such purpose are hereby ratified and approved. <br /> <br />SECTION 21. MATI'ERS RELATED TO REFUNDING. In order that the Issuer shall satisfy in a timely <br />manner all of its obligations under this Ordinance, the Mayor and all other appropriate officers and agents of the <br />Issuer are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the <br />refunding of the Refunded Obligations, including without limitation. executing and delivering on behalf of the <br />Issuer all certificates, consents, receipts. requests. notices, and other documents as may be reasonably necessary <br />to satisfy the Issuer's obligations under this Ordinance and to direct the transfer and application of funds of the <br />Issuer consistent with the provisions of this Ordinance. <br /> <br />SECTION 22. ORDINANCE A CON1RACT: Ai\1ENDMENTS. This Ordinance shall constitute a contract <br />with the Owners. from time to time. of the Bonds. binding on the Issuer and its successors and assigns, and shall <br />not be amended or repealed by the Issuer as long as any Bond remains outstanding except as permitted in this <br />Section. The Issuer may, without the consent of or notice to any owners, amend, change. or modify this <br />Ordinance as may be required (i) by the provisions hereof, (ii) in connection with the issuance of any additional <br />bonds. (iii) for the purpose of curing any ambiguity, inconsistency. or fonnal defect or omission herein, or (iv) in <br />connection with any other change which is not to the prejudice of the Owners. The Issuer may, with the written <br />
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