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2016-037 - Authorizing the issuance of the City’s General Obligation Bonds, Series 2016; approving the use of a paying agent/registrar agreement; engaging bond counsel ....
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2016-037 - Authorizing the issuance of the City’s General Obligation Bonds, Series 2016; approving the use of a paying agent/registrar agreement; engaging bond counsel ....
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12/13/2016 9:26:14 AM
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CITY CLERK
CITY CLERK - Date
12/5/2016
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appoint a successor securities depository, qualified to act as such under Section 17A of the Securities <br />and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of <br />such successor securities depository and transfer one or more separate Bonds to such successor <br />securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of <br />Bonds and transfer one or more separate certificated Bonds to DTC Participants having Bonds <br />credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being <br />registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be <br />registered in the name of the successor securities depository, or its nominee, or in whatever name <br />or names Registered Owners transferring or exchanging Bonds shall designate, in accordance with <br />the provisions of this Ordinance. <br />(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the <br />contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all <br />payments with respect to principal of and interest on such Bond and all notices with respect to such <br />Bond shall be made and given, respectively, in the manner provided in the representations letter of <br />the Issuer to DTC. <br />(i) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire <br />principal amount of the Bonds, payable in stated installments to the purchaser designated in Section <br />10 or its designee, executed by manual or facsimile signature of the Mayor and City Clerk of the <br />Issuer, approved by the Attorney General of Texas, and registered and manually signed by the <br />Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its <br />designee. Upon payment for the initial Bond, the Paying Agent/Registrar shall cancel the initial <br />Bond and deliver to the Depository Trust Company on behalf of such purchaser one registered <br />definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all of <br />the Bonds for such maturity. <br />0) Conditional Notice of Redemption. With respect to any optional redemption of the <br />Bonds, unless certain prerequisites to such redemption required by this Ordinance have been met <br />and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be <br />redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice <br />of redemption, such notice shall state that said redemption may, at the option of the Issuer, be <br />conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying <br />Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth <br />in such notice of redemption. If a conditional notice of redemption is given and such prerequisites <br />to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, <br />the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the <br />manner in which the notice of redemption was given, to the effect that the Bonds have not been <br />redeemed. <br />Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying <br />Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration <br />Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds <br />initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as <br />
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