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O-1991-1755
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O-1991-1755
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Last modified
11/2/2016 3:38:50 PM
Creation date
10/25/2006 4:33:17 PM
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Legislative Records
Legislative Type
Ordinance
Date
5/14/1991
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<br />e <br /> <br />e <br /> <br />governing body of the City or any other body or person, and the duty of <br />the replacement of sucb bonds is hereby authorized and imposed upon the <br />Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate <br />and deliver such bonds i.n the form and manner and with the effect, as <br />provided in Section 4 (d) of this Ordinance for Bonds issued in exchange for <br />other Bonds. <br /> <br />SECTION 19. DEFEASANCE OF TilE BONDS. (a) Any Bond and <br />the interest thereon shall be deemed to be paid, retired, and no longer <br />outstanding (a "Defeased Bond") within the meaning of this Ordinance, <br />except to the extent provided in subsection (d) of this Section, when <br />payment of the principal of such Bond, plus interest thereon to the due <br />date (whether such due date be by reason of maturity, upon redemption, or <br />otherwise) either (I) shall have been made or caused to be made in <br />accordance with the terms thereof (including the giving of any required <br />notice of redemption), or (il) shall have been provided for on or before <br />such due date by irrevocably depositing wilh or making available to the <br />Paying Agent/Registrar for such payment (1) lawful money of the United <br />Slates of America sufficient to make such payment or (2) direct obligations <br />of the United States of America, including obligations the principal of and <br />interest on which are unconditionally guaranteed by the United States of <br />America, which may be United States Treasury obligations such as its State <br />and Local Government Series, and which may be book entry form (herein <br />"Government Obligations") which mature as to principal and interest in such <br />amounts and at such time as will insure the availability, without <br />reinvestment, of sufficient money to provide for such payment, and when <br />proper arrongements have been made by the City with the Paying <br />Agcnt/Registrar for the payment of its services until all Defeased Bonds <br />shall have become' due and payable. At such time as a Bond shall be <br />deemed to bea Defeased Bond hereunder, as aforesaid, such Bond and the <br />interest thereon shall no longer be secured by, payable from, or entitled to <br />the benefits of,: the revenue herein levied and pledged as provided in this <br />Ordinance, and such principal and interest shall be payable solely from such <br />money or Government Obligations. <br /> <br />(b) Any money so deposited with the Paying Agent/Registrar <br />may at the written direction of the City also be invested as hereinbefore set <br />forth, and all income from such Government Obligations received by the <br />Paying Agent/Registrar which is not required for the payment of the Bonds <br />and interest thereon, with respect to which such money has been so <br />deposited, shall be turned over to the City, or deposited as directed in <br />writing by the City. <br /> <br />(c) Until all Defeased Bonds shall have become due and payable, <br />the Paying Agent/Registrar shall perCorm the scrvices of Paying <br />Agent/Registrar for such DefeBsed Bonds the same as if they had not been <br />deCeased, and the City shall make proper arrangements to provide and pay <br />for such services as required by this Ordinance. <br /> <br />(d) In the event that the principal and/or interest due on the <br />Bonds shall be paid by AMBAC Indemnity p~rsuant to the municipal bond <br />guaranty insurance policy issed by AMBAC Indemnity insuring the payment <br /> <br />23 <br />
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