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O-1994-1974
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O-1994-1974
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:33:01 AM
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Legislative Records
Legislative Type
Ordinance
Date
3/17/1994
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<br />e <br /> <br />e <br /> <br />authorized to execute on behalf of the City, and the City Secretary is hereby authorized to attest, the Official <br />Statement and other sale documents, <br /> <br />SECTION 31. SEVERABILITY. The provisions of this Ordinance are severable; and in case anyone or <br />more of the provisions of this Ordinance or the application thereof to any person or circumstance should be held <br />to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Ordinance <br />nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other <br />than those as to which it is held invalid shall not be affected thereby. <br /> <br />SECTION 32, PAYMENT PROCEDURE PURSUANT TO MUNICIPAL BOND GUARANTY <br />INSURANCE POLICY, As long as the bond guaranty insurance shall be in full force and effect, the City and <br />the Paying AgentlRegistrar agree to comply with the following provisions: <br /> <br />(a) If payment of principal or interest due on the Bonds has not been made to the Paying AgentlRegistrar <br />in time to pay the registered owners of the Bonds, the Paying Agent/Registrar or any registered owner to whom <br />such payment is due shall so notify AMBAC Indemnity Corporation, by telephonic or telegraphic notice, <br />subsequently confirmed in writing, or written notice by registered or certified mail. Such notice shall specify the <br />amount of the anticipated deficiency, the Bonds to which such deficiency is applicable, and whether such Bonds <br />will be deficient as to principal or interest, or both. AMBAC Indemnity, on the later of the date due for <br />payment or within one business day after receipt of notice of nonpayment, will deposit sufficient money with the <br />United States Trust Company of New York, as insurance trustee for AMBAC Indemnity or any successor <br />insurance trustee (the "Insurance Trustee"), <br /> <br />(b) The Paying AgentlRegistrar shall, after giving notice to AMBAC Indemnity as provided in (a) above, <br />make available to AMBAC Indemnity and, at AMBAC Indemnity's direction, to the Insurance Trustee, the <br />registration books of the City maintained by the Paying Agent/Registrar, and all records relating to the Funds and <br />Accounts maintained under this Ordinance. <br /> <br />(c) The Paying Agent/Registrar shall provide AMBAC Indemnity and the Insurance Trustee with a list of <br />registered owners of Bonds entitled to receive principal or interest payments from AMBAC Indemnity under the <br />terms of the municipal bond guaranty insurance policy issued by AMBAC Indemnity insuring the payment when <br />due of the principal of and interest on the Bonds as provided therein (the "Municipal Bond Guaranty Insurance <br />Policy"), and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered <br />owners of Bonds entitled to receive full or partial interest payments from AMBAC Indemnity and (ii) to pay <br />principal upon Bonds surrendered to the Insurance Trustee by the registered owners of Bonds entitled to receive <br />full or partial principal payments from AMBAC Indemnity. <br /> <br />(d) The Paying Agent/Registrar shall, at the time it provides notice to AMBAC Indemnity pursuant to (a) <br />above, notify registered owners of Bonds entitled to receive the payment of principal or interest thereon from <br />AMBAC Indemnity (i) as to the fact of such entitlement; (ii) that AMBAC Indemnity will remit to them all or a <br />part of the interest payments next coming due; (iii) that should they be entitled to receive full payment of <br />principal from AMBAC Indemnity, they must present and surrender their Bonds together with any appropriate <br />instrument of assignment for payment to the Insurance Trustee, and not the Paying AgentlRegistrar; and (iv) that <br />should they be entitled to receive partial payment of principal from AMBAC Indemnity, they must present and <br />surrender their Bonds for payment thereon first to the Paying Agenl/Registrar, who shall note on such Bonds the <br />portion of the principal paid by the Paying Agent/Registrar, and then, along with an appropriate instrument of <br />assignment, to the Insurance Trustee, which will then pay the unpaid portion of principal. The Insurance Trustee <br />shall disburse to registered owners of Bonds, or the' Paying Agent/Registrar, the payment due less any amount <br />held by the Paying Agent/Registrar for payment of principal of or interest on Bonds and legally available <br />therefor. <br /> <br />22 <br />
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