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O-1990-1727
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O-1990-1727
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Last modified
11/2/2016 3:38:49 PM
Creation date
10/25/2006 4:07:00 PM
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Legislative Records
Legislative Type
Ordinance
Date
9/27/1990
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<br />e <br /> <br />- <br /> <br />or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, <br />and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and <br />all other Bonds duly issued under this Ordinance. <br /> <br />(e) In accordance with Section 6 of Article 717k-6, V.A T.C.s., this Section of this <br />Ordinance shall constitute authority for the issuance of any such replacement bond without <br />necessity of further action by the governing body of the City or any other body or person, and the <br />duty of the replacement of such bonds is hereby authorized and imposed upon the Paying <br />AgentlRegistrar, and the Paying AgentlRegistrar shall authenticate and deliver such bonds in the <br />form and manner and with the effect, as provided in Section 5( d) of this Ordinance for Bonds <br />issued in exchange for other Bonds. <br /> <br />Section 13. DEFEASANCE OF TIm BONDS. (a) Any Bond and the interest thereon <br />shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bonds") within the <br />meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 13, when <br />payment of the principal of such Bond, plus interest thereon to the due date (whether such due <br />date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or <br />caused to be made in accordance with the terms thereof (including the giving of any required <br />notice of redemption), or (ii) shall have been provided for on or before such due date by <br />irrevocably depositing with or making available to the Paying AgentlRegistrar for such payment (1) <br />lawful money of the United States of America sufficient to make such payment or (2) direct <br />obligations of the United States of America, including obligations the principal of and interest on <br />which are unconditionally guaranteed by the United States of America, which may be United States <br />Treasury obligations such as its State and Local Government Series, and which may be book entry <br />form (herein "Government Obligations") which mature as to principal and interest in such amounts <br />and at such time as will insure the availability, without reinvestment, of sufficient money to provide <br />for such payment, and when proper arrangements have been made by the City with the Paying <br />AgentlRegistrar for the payment of its services until all Defeased Bonds shall have become due and <br />payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, <br />such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the <br />benefits of, the revenue herein levied and pledged as provided in this Ordinance, and such principal <br />and interest shall be payable solely from such money or Government Obligations. <br /> <br />(b) Any money so deposited with the Paying AgentlRegistrar may at the written direction <br />of the City also be invested as hereinbefore set forth, and all income from such Government <br />Obligations receiveu by the Paying AgentlRegistrar which is not required for the payment of the <br />Bonds and interest thereon, with respect to which such money has been so deposited, shall be <br />turned over to the City, or deposited as directed in writing by the City. <br /> <br />(c) Until all Defeased Bonds shall have become due and payable, the Paying <br />AgentlRegistrar shall perform the services of Paying AgentlRegistrar for such Defeased Bonds the <br />same as if they had not been defeased, and the City shall make proper arrangements to provide <br />and pay for such services as required by this Ordinance. <br /> <br />Section 14. TAX COVENANTS. The City covenants to take any action to assure, or <br />refrain from any action which would adversely affect, the treatment of the Bonds as obligations <br />described in section 103 of the Code, the interest on which is not includable in the "gross income" <br /> <br />16 <br />
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