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Ord 2009-035
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Ord 2009-035
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Last modified
8/6/2009 8:19:32 AM
Creation date
6/22/2009 11:08:14 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2009-35
Date
6/16/2009
Volume Book
182
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nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new <br />record date for such interest payment (a "Special Record Date") will be established by the Paying <br />Agent/Registrar if and when funds for the payment of such interest have been received from the City. <br />Notice of the Special Record Date and of the scheduled payment date of the past due interest (the <br />"Special Payment Date", which shall be at least 15 days after the Special Record Date) shall be sent <br />at least five business days prior to the Special Record Date by United States mail, first class postage <br />prepaid, to the address of each Owner of a Bond appearing on the books of the Paying <br />Agent/Registrar at the close of business on the last business day next preceding the date of mailing <br />of such notice. <br />(c) Interest on the Bonds shall be paid by check (dated as of the Interest Payment Date) <br />and sent by the Paying Agent/Registrar to the person entitled to such payment by United States mail, <br />first class postage prepaid, to the address of such person as it appears in the Register or by such other <br />customary banking arrangements acceptable to the Paying Agent/Registrar and the person to whom <br />interest is to be paid; provided, however, that such person shall bear all risk and expenses of such <br />other customary banking arrangements. <br />(d) The principal of each Bond shall be paid to the person in whose name such Bond is <br />registered on the due date thereof (whether at the maturity date or the date of prior redemption <br />thereof) upon presentation and surrender of such Bond at the Designated Payment/Transfer Office. <br />(e) If a date for the payment of the principal of or interest on the Bonds is a Saturday, <br />Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated <br />Payment/Transfer Office is located are authorized by law or executive order to close, then the date <br />for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or <br />day on which such banking institutions are required or authorized to close; and payment on such date <br />shall have the same force and effect as if made on the original date payment was due. <br />(f) Subject to Title 6, Texas Property Code, as amended, Unclaimed Payments remaining <br />unclaimed for three years after the applicable payment or redemption date shall be paid by the Paying <br />Agent/Registrar to the City, to be used for any lawful purpose. Thereafter, neither the City, the <br />Paying Agent/Registrar, nor any other person shall be liable or responsible to any Owners of such <br />Bonds for any further payment of such unclaimed moneys or on account of any such Bonds, subject <br />to any applicable escheat, abandoned property, or similar law. <br />Section 3.04. Execution and Initial Remistration. <br />(a) The Bonds shall be executed on behalf of the City by the Mayor and City Clerk of the <br />City, by their manual or facsimile signatures, and the official seal of the City shall be impressed or <br />placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if <br />each of the Bonds had been signed manually and in person by each of said officers, and such facsimile <br />seal on the Bonds shall have the same effect as if the official seal of the City had been manually <br />impressed upon each of the Bonds. <br />San Marcos GO 2009 Ordinance 7
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