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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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6/15/2000 4:39:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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(b) The Bonds are secured by the Installment Payments to be made by the City <br />under both Installment Purchase Contracts. The total amount of each payment of principal and <br />interest on the Bonds made to [he Owners is secured percent (_%) by payments made from <br />the Water Revenue Fund and percent (_%) by payments made from the Sewer Revenue <br />Fund. <br />Section 2.04. Form of Bonds. The Bonds and the assignment to appear thereon <br />shall be in substantially the form set forth in Appendix A hereto with appropriate or necessary <br />insertions, omissions and variations as permitted or required hereby. <br />Section 2.05. Execution of Bonds. The Bonds shall be executed by the manual or <br />facsimile signature of the Chair or Executive Director of the Authority, and shall be attested to by <br />the manual or facsimile signature of the Secretary of the Authority. The Bonds shall be <br />authenticated by the manual signature of an authorized officer of [he Trustee. <br />Section 2.06. Transfer and Exchange of Bonds. Subject to the provisions of <br />Section 2.11 hereof, (a) each Bond shall be transferable only upon a register of the names of each <br />Owner (the "Bond Register"), which shall be kept for that purpose at [he Principal Office of the <br />Trustee, by the Owner thereof in person or by his attorney duly authorized in writing, upon <br />surrender thereof together with a written instrument of transfer satisfactory to the Trustee duly <br />executed by the Owner or his duly authorized attorney. Upon the transfer of any such Bond, the <br />Trustee shall provide in the name of the transferee, a new Bond or Bonds, of the same aggregate <br />principal amount, interest rate and maturity as the surrendered Bonds (unless there has occurred a <br />partial redemption of such Bond pursuant to Section 4.01 hereof, in which case the principal <br />amount of the new Bond shall be equal to the unredeemed principal amount of the Bond submitted <br />for transfer). <br />(b) The Trustee shall deem and treat the person in whose name any Outstanding <br />Bond shall be registered upon the Bond Register as the absolute owner of such Bond, whether such <br />Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the <br />principal of and interest on such Bond and for all other purposes, and all such payments so made to <br />any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability <br />upon such Bond to the extent of the sum or sums so paid, and neither the Authority nor the Trustee <br />shall be affected by any notice to the contrary. The Authority agrees to indemnify and save the <br />Trustee harmless from and against any and all loss, cost, charge, expense, judgment or liability <br />incurred by it, acting in good faith and without negligence or willful misconduct under the Trust <br />Agreement, in so treating such Owner. <br />[n all cases in which the privilege of exchanging or transferring Bonds is exercised, <br />the Trustee shall execute and deliver Bonds in accordance with the provisions of [his Article. All <br />Bonds surrendered in any such exchanges or transfers shall forthwith be canceled by the Trustee. <br />For every such exchange or transfer of Bonds, whether temporary or definitive, the Authority and <br />the Trustee may make a charge sufficient to reimburse any of them for any tax, fee or other <br />govemmen[al charge, other than one imposed by the Authority, required to be paid with respect to <br />such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange <br />or transfer as a condition precedent to the exercise of the privilege of making such exchange or <br />transfer. Notwithstanding any other provision hereof, the cost of preparing each new Bond and any <br />9~06]OIZ.fAI <br />
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