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In order to carry out the advance refunding and defeasance of the Refunded Bonds, the <br /> Finance Director is hereby authorized to appoint as escrow agent a bank or trust company <br /> qualified by law to perform the duties described herein (the "Escrow Agent"). Any beginning <br /> cash balance and the Acquired Obligations shall be irrevocably deposited with the Escrow Agent <br /> in an amount sufficient to defease and redeem the Refunded Bonds in accordance with this <br /> Section 12 and Section 13 of this ordinance. Any amounts described in subparagraph(a) of this <br /> Section 12 that are not provided for in full by such beginning cash balance and the purchase and <br /> deposit of the Acquired Obligations described in this section shall be provided for by the <br /> irrevocable deposit of the necessary amount out of the proceeds of sale of the Bond or any other <br /> money of the City legally available therefor with the Escrow Agent. The proceeds of the Bond <br /> remaining in the Refunding Account after acquisition of the Acquired Obligations and provision <br /> for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and <br /> safekeeping of the Acquired Obligations and the costs of issuing the Bond. The City may, from <br /> time to time, transfer, or cause to be transferred, from the Refunding Account any money not <br /> thereafter required for the purposes set forth in subparagraph (a) above, subject to verification in <br /> writing by an independent certified public accountant that such transfer will not result in <br /> inadequate funds being available to make the required payments therefrom. The City reserves <br /> the right to substitute other securities for the Acquired Obligations in the event it may do so <br /> pursuant to Section 148 of the Code and applicable regulations thereunder, upon compliance <br /> with the conditions set forth in the Escrow Agreement. <br /> Section 13. Redemption of Refunded Bonds. The City hereby irrevocably sets aside <br /> sufficient funds through the purchase of Acquired Obligations and an initial cash deposit to make <br /> the payment specified in subparagraph(a) in Section 12 above. <br /> The City hereby irrevocably calls for redemption on July 1, 1998, the Refunded Bonds in <br /> accordance with the provisions of Section 7 of Ordinance No. 1433-88. <br /> -26- DOTOQ5 DOC 98/04/28 <br />