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Ord 2005-099
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Ord 2005-099
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Last modified
9/18/2007 4:17:49 PM
Creation date
8/27/2007 9:03:05 AM
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Template:
City Clerk
City Clerk - Type
Certificates of Obligation
Number
2005-99
Date
12/7/2005
Volume Book
164
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<br />Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be in1posed <br />in connection therewith and any other expenses connected herewith. <br /> <br />(b) In the event that any Bond is lost, apparently destroy~d or wrongfully taken, the Paying <br />Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or <br />knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a <br />replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding, <br />provided that the Owner first: <br /> <br />(i) furnishes to the Paying Agent/Registrar satisfactory evidence ofhis or her ownership <br />of and the circumstances of the loss, destruction or theft of such Bond; <br /> <br />(ii) furnishes such security or indemnity as may be required by the Paying <br />Agent/Registrar and the City to save them harmless; <br /> <br />(iii) pays all expenses and charges in connection therewith, including, but not limited <br />to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental <br />charge that is authorized to be imposed; and <br /> <br />(iv) satisfies any other reasonable requirements imposed by the City and the Paying <br />Agent/Registrar. <br /> <br />(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond <br />in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and <br />the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it <br />was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover <br />upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred <br />by the City or the Paying Agent/Registrar in connection therewith. <br /> <br />(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond <br />has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of <br />issuing a replacement Bond, may pay such Bond. <br /> <br />(e) Each replacement Bond delivered in accordance with this Section shall constitute an original <br />contractual obligation of the City and shall be entitled to the benefits and security of this Ordinance to the <br />same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. <br /> <br />Section 3.09. Book-Entry Onlv Svstem. <br /> <br />(a) The definitive Bonds shall be initially issued in the form of a separate single fully registered <br />Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be <br />registered in the name of Cede & Co., as nominee of DTC, and except as provided in Section 3.11 hereof, <br />all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee ofDTC. <br /> <br />(b) With respect to Bonds registered in the name of Cede & Co., as nominee ofDTe, the City <br />and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any <br />person on behalf of whom such a DTC Participant holds an interest in the Bonds, except as provided in this <br />Ordinance. Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar <br />shall have no responsibility or obligation with respect to (i) the accuracy of the records ofDTC, Cede & Co. <br />or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC <br />Participant or any other person, other than an Owner, as shown on the Register, of any notice with respect <br />to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other <br /> <br />San Marcos WS 2005A: Ordinance 11-16-2005 <br /> <br />10 <br />
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