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Ordinance 4083-25
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Ordinance 4083-25
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Ordinances
Ordinance Number
4083-25
Date
3/19/2025
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a Series thereof), take all actions necessary to comply (or to be treated as having complied) with <br />those requirements. <br />(2) Post -Issuance Compliance with Federal Tax -Exempt Bond Requirements. <br />The Finance Director is authorized and directed to review and update the City's written procedures to <br />facilitate compliance by the City with the covenants in this ordinance and the applicable <br />requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Tax - <br />Exempt Bonds from being included in gross income for federal tax purposes. <br />(b) Taxable Bonds. Notwithstanding the foregoing, nothing herein prevents the Finance <br />Director from determining that the Bonds, or a Series of the Bonds, is to be issued as Taxable Bonds. <br />Section 21. Amendatory and Supplemental Ordinances. This ordinance shall not be <br />modified or amended in any respect subsequent to the initial issuance of the Bonds, except as <br />provided in and in accordance with and subject to the provisions of this section. For purposes of this <br />provision, the passage of an ordinance authorizing the issuance of Future Parity Bonds shall not be <br />considered an amendatory or supplemental ordinance subject to these restrictions. <br />(a) Certain Amendatory or Supplemental Ordinances Permitted Without Bond Owner <br />Consent. From time to time, and at any time, without the consent of or notice to the Registered <br />Owners of the Parity Bonds, the City, may pass amendatory or supplemental ordinances as set forth <br />in this subsection (a). The permitted purposes under this subsection (a) are: <br />(1) To add to the covenants and agreements of the City set forth in this ordinance, <br />additional covenants or agreements to be observed by the City thereafter, which do not adversely <br />affect the interest of the holders of any then -outstanding Parity Bonds, or to surrender any right or <br />power herein reserved to the City. <br />(2) To make such provisions as the City Council may deem necessary or <br />desirable for the purpose of curing any ambiguities or of curing, correcting, or supplementing any <br />defective provision contained in this ordinance or any Future Parity Bond Authorizing Ordinance in <br />regard to matters or questions arising under such ordinances, provided that such action is not <br />inconsistent with such ordinances and does not adversely affect, in any material respect, the interests <br />Athe holders of the Parity Bonds. <br />(b) Amendatory or Supplemental Ordinances Requiring Consent of Registered Owners of <br />65% of Parity Bonds Outstanding. In addition to any ordinance permitted pursuant to paragraph (a) <br />and subject to the terms and conditions contained in subsection (c) and not otherwise, upon consent <br />A the Registered Owners of not less than 65% in aggregate principal amount of the Parity Bonds <br />then outstanding the City Council may pass any supplemental or amendatory ordinance for the <br />purpose of adding any provisions to or changing in any manner or eliminating any of the provisions <br />of this ordinance or of any other Parity Bond Ordinance. It shall not be necessary for the consent of <br />bondholders under this subsection (b) to approve the particular form of any proposed supplemental <br />ordinance, but it shall be sufficient if such consent shall approve the substance thereof, and nothing <br />contained herein shall prevent the City Council from passing such an ordinance with an effective date <br />that is contingent upon obtaining the consents described herein. <br />For the purpose of consenting to amendments under this subsection (b) except for <br />amendments that alter the interest rate, maturity date, interest payment dates, purchase upon tender or <br />redemption of any Parity Bonds, the issuer or provider of a Credit Facility shall be deemed to be the <br />sole Registered Owner of the Parity Bonds that are payable from such Credit Facility and that are <br />then outstanding. <br />24 <br />
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