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O-2005-2858
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O-2005-2858
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Last modified
11/2/2016 3:39:18 PM
Creation date
4/1/2008 10:44:46 AM
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Legislative Records
Legislative Type
Ordinance
Date
12/12/2005
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<br />Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental <br />to the interests of the Registered Owners, including the curing of any ambiguity, inconsistency, <br />or formal defect or omission herein. In addition, the City may, with the consent of Registered <br />Owners who own in the aggregate 51 % of the principal amount of the Obligation then <br />Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, <br />without the consent of all Registered Owners of Outstanding Obligations, no such amendment, <br />addition, or rescission shall (i) extend the time or times of payment of the principal of and <br />interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or <br />in any other way modify the terms of payment of the principal of or interest on the Obligations, <br />(ii) give any preference to any Obligation over any other Obligation, or (iii) reduce the aggregate <br />principal amount of Obligations required to be held by Registered Owners for consent to any <br />such amendment, addition, or rescission. <br /> <br />Section 9.3: Legal Holidays. In any case where the date interest accrues and becomes <br />payable on the Obligations or principal of the Obligations matures or a Record Date shall be in <br />the City a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized <br />by law to close, then payment of interest or principal need not be made on such date, or the <br />Record Date shall not occur on such date, but payment may be made or the Record Date shall <br />occur on the next succeeding day which is not in the City a Saturday, Sunday, legal holiday or a <br />day on which banking institutions are authorized by law to close with the same force and effect <br />as if (i) made on the date of maturity and no interest shall accrue for the period from the date of <br />maturity to the date of actual payment or (ii) the Record Date had occurred on the fifteenth day <br />of that calendar month. <br /> <br />Section 9.4: No Recourse Against City Officials. No recourse shall be had for the <br />payment of principal of or interest on any Obligations or for any claim based thereon or on this <br />Ordinance against any official of the City or any person executing any Obligations. <br /> <br />Section 9.5: Further Proceedings. The Mayor, City Secretary and other appropriate <br />officials of the City are hereby authorized and directed to do any and all things necessary and/or <br />convenient to carry out the terms of this Ordinance. <br /> <br />Section 9.6: Power to Revise Form of Documents. Notwithstanding any other <br />provision of this Ordinance, the Mayor is hereby authorized to make or approve such revisions, <br />additions, deletions, and variations to this Ordinance and in the form of the documents attached <br />hereto as exhibits as, in the judgment of the Mayor, and in the opinion of Obligation Counsel to <br />the City, may be necessary or convenient to carry out or assist in carrying out the purposes of <br />this Ordinance, or as may be required for approval of the Obligations by the Attorney General of <br />Texas; provided, however, that any changes to such documents resulting in substantive <br />amendments to the terms and conditions of the Obligations or such documents shall be subject to <br />the prior approval of the City Council. <br /> <br />Section 9.7: Severability. If any Section, paragraph, clause or proVISIon of this <br />Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or <br />unenforceability of such Section, paragraph, clause or provision shall not affect any of the <br />remaining provisions of this Ordinance. <br /> <br />18 <br /> <br />HOU:2516661.4 <br />
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