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RES 67055
City of Pleasanton
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RES 67055
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Last modified
8/23/2001 11:42:04 PM
Creation date
8/9/2001 5:11:35 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/27/1967
DOCUMENT NO
RES 67055
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41 <br />and as provided in this Section. A copy of such Supplemental Resolution, together <br />with a request to Bondholders for their consent thereto, shall be mailed by tile City <br />to each registered owner of Bonds outstanding and to each holder of any such <br />Bonds payable to bearer who shall have filed with the Fiscal Agent an address for <br />notices, but failure to mail copies of such Supplemental Resolution and request shall <br />not affect the validity of the Supplemental Resolution when assented to as in this <br />Section provided. Notice of the fact of the adoption of such Supplemental Resolu- <br />tion (stating that a copy thereof is available for inspection at the office of the City) <br />shall be published at least once a week for two successive weeks in a financial news- <br />paper or journal printed in the English language and customarily published on each <br />business day in San Francisco, California, the first publication to be made not more <br />than fifteen (15) days after the date of adoption of such resolution. <br /> Such Supplemental Resolution shall not become effective unless there shall he <br /> filed with the Fiscal Agent the writen consents of the holders of sixty-six and two- <br /> thirds per cent (66~%) in aggregate principal amount of the Bonds then out- <br /> standing (exclusive of Bonds disqualified as provided in Section 7.04) and a notice <br /> shall have been published as hereinafter in this Section provided. Each such consent <br /> shall be effective only if accompanied by proof of ownership of the Bonds for which <br /> such consent is given, which proof shall be such as is permitted by Section 9.05. <br /> Any such consent shall be binding upon the holder of the Bonds giving such consent <br /> and on any subsequent holder (whether or not such subsequent holder has notice <br /> thereof) unless such consent is revoked in writing by the holder giving ~uch consent <br /> or a subsequent holder by filing such revocation with the Fiscal .Agent prior to the <br /> date when the notice hereinafter in this Section provided for has been published. <br /> After the holders of the required percentage of Bonds shall have filed their <br /> consents to the Supplementai Resolution, the City shall mail and publish a notice to <br /> the Bondholders in the manner hereinbefore provided in this Section for the mailing <br /> of the Supplemental Resolution and publication of the notice of adoption thereof, <br /> stating in substance that the Supplemental Resolution has been consented to by the <br /> holders of the required percentage of Bonds and will be effective as provided in this <br /> Section (but failure to mail copies of said notice shall not affect the validity of the <br /> Supplemental Resolution or consents thereto). Proof of the p'~u lication of such <br /> notice shall he filed with the Fiscal Agent. A record, consisting of the papers <br /> required by this Section to be filed with the Fiscal Agent, shall be proof of the <br /> matters therein stated until the contrary is proved. The Supplemental Resolution <br /> shall become effective upon the filing with the Fiscal Agent of the proof of the <br /> publication of such last-mentioned notice, and the Supplemental Resolution shall <br /> be deemed conclusively binding (except as otherwise hereinabove specifically pro- <br /> vided in this Article) upon the City and the holders of all Bonds and coupons at <br /> the expiration of sixty (60) days after such filing, except in the event of a final <br /> decree of a court of competent jurisdiction setting aside such consent in a legal <br /> <br /> <br />
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