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6556
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6556
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Last modified
7/26/2005 4:42:11 PM
Creation date
11/5/2014 12:24:32 PM
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City Ordinances
Passed
6/6/2005
Ordinance Number
6556
Bill Number
8786
Introdate
5/23/2005
Description
Authorizing and directing the issuance, sale and delivery of $2,000,000 Principal amount of general obligation bonds, series 2005 City Hall Renovations
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<br />(d) Every amendment or modification of the provisions of the Bonds or of this Ordinance, to <br />which the written consent of the Registered Owners is given, as above provided, shall be expressed in an <br />ordinance adopted by the governing body of the City amending or supplementing the provisions of this <br />Ordinance and shall be deemed to be a part of this Ordinance. A certified copy of every such amendatory <br />or supplemental ordinance if any, and a certified copy of this Ordinance shall always be kept on file in the <br />office of the City Clerk and shall be made available for inspection by the Registered Owner of any Bond <br />or a prospective purchaser or owner of any Bond authorized by this Ordinance, and upon payment of the <br />reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental ordinance <br />or of this Ordinance will be sent by the City Clerk to any such Registered Owner or prospective <br />Registered Owner. <br /> <br />(e) Any and all modifications made in the manner hereinabove provided shall not become <br />effective until there has been filed with the City Clerk a copy of the Ordinance of the City hereinabove <br />provided for, duly certified, as well as proof of any required consent to such modification by the <br />Registered Owners of the Bonds then Outstanding. It shall not be necessary to note on any of the <br />Outstanding Bonds any reference to such amendment or modification. <br /> <br />(t) The City shall furnish to the Paying Agent a copy of any amendment to the Bonds or this <br />Ordinance which affects the duties or obligations of the Paying Agent under this Ordinance. <br /> <br />Section 804. Notices, Consents and Other Instruments by Registered Owners. <br /> <br />(a) Any notice, consent, request, direction, approval or other instrument to be signed and <br />executed by the Registered Owners may be in any number of concurrent writings of similar tenor and <br />may be signed or executed by such Registered Owners in person or by agent appointed in writing. Proof <br />of the execution of any such instrument or of the writing appointing any such agent and of the ownership <br />of Bonds (other than the assignment of the ownership of a Bond as provided for in the form of Bond set <br />forth in Exhibit A) if made in the following manner, shall be sufficient for any of the purposes of this <br />Ordinance, and shall be conclusive in favor of the City and the Paying Agent with regard to any action <br />taken, suffered or omitted under any such instrument, namely: <br /> <br />(i) The fact and date of the execution by any Person of any such instrument may be <br />proved by a certificate of any officer in any jurisdiction who by law has power to take <br />acknowledgments within such jurisdiction that the Person signing such instrument acknowledged <br />before such officer the execution thereof, or by affidavit of any witness to such execution. <br /> <br />(ii) The fact of ownership of Bonds, the amount or amounts, numbers and other <br />identification of Bonds, and the date of holding the same shall be proved by the Bond Register. <br /> <br />(b) In determining whether the Registered Owners of the requisite principal amount of Bonds <br />Outstanding have given any request, demand, authorization, direction, notice, consent or waiver under <br />this Ordinance, Bonds owned by the City shall be disregarded and deemed not to be Outstanding under <br />this Ordinance, except that, in determining whether the Registered Owners shall be protected in relying <br />upon any such request, demand, authorization, direction, notice, consent or waiver, only Bonds which the <br />Registered Owners know to be so owned shall be so disregarded. Notwithstanding the foregoing, Bonds <br />so owned which have been pledged in good faith shall not be disregarded as aforesaid if the pledgee <br />establishes to the satisfaction of the Registered Owners the pledgee's right so to act with respect to such <br />Bonds and that the pledgee is not the City. <br /> <br />-21- <br />
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