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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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all as provided, and in the manner required or indicated, in the Form of Bonds set forth in this <br />Ordinance. <br />Section 3.08. Replacement Bonds. <br />(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated <br />Payment/Transfer Office, of a mutilated Bond, the Paying Agent/Registrar shall authenticate and <br />deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number <br />not contemporaneously outstanding. The City or the Paying Agent/ Registrar may require the Owner <br />of such Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized <br />to be imposed in connection therewith and any other expenses connected therewith. <br />(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the <br />Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of <br />notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate <br />and deliver a replacement Bond of like tenor and principal amount, bearing a number not <br />contemporaneously outstanding, provided that the Owner first: <br />(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her <br />ownership of and the circumstances of the loss, destruction or theft of such Bond; <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 />(iii) pays all expenses and charges in connection therewith, including, but not <br />limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other <br />governmental charge that is authorized to be imposed; and <br />(iv) satisfies any other reasonable requirements imposed by the City and the Paying <br />Agent/Registrar. <br />(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original <br />Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, <br />the City and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the <br />person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and <br />shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, <br />damage, cost or expense incurred by the City or the Paying Agent/Registrar in connection therewith. <br />(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken <br />Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its <br />discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and <br />payable or may pay such Bond when it becomes due and payable. <br />(e) Each replacement Bond delivered in accordance with this Section shall constitute an <br />original contractual obligation of the City and shall be entitled to the benefits and security of this <br />San Marcos GO 2009 Ordinance 11
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