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Ord 2009-037
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Ord 2009-037
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Last modified
8/6/2009 8:22:03 AM
Creation date
6/22/2009 11:27:13 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2009-37
Date
6/16/2009
Volume Book
182
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<br />redemption; provided, however, such limitation shall not be applicable to an exchange by the Owner <br />of the uncalled balance of a Bond. <br />Section 3.07. Cancellation and Authentication. <br />(a) All Bonds paid or redeemed before scheduled maturity in accordance with this <br />Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated <br />and delivered in accordance with this Ordinance, shall be canceled and destroyed upon the making <br />of proper records regarding such payment, redemption, exchange or replacement. The Paying <br />Agent/Registrar shall periodically furnish the City with certificates of destruction of such Bonds. <br />(b) Each substitute Bond issued pursuant to the provisions of Sections 3.06 and 3.09 of <br />this Ordinance, in conversion of and exchange for or replacement of any Bond or Bonds issued under <br />this Ordinance, shall have printed thereon a Paying Agent/Registrar's Authentication Certificate, in <br />the form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, <br />before the delivery of any such Bond, manually sign and date such Authentication Certificate, and no <br />such Bond shall be deemed to be issued or outstanding unless such Authentication Certificate is so <br />executed. No additional ordinances, orders, or resolutions need be passed or adopted by the City <br />Councilor any other body or person so as to accomplish the foregoing conversion and exchange or <br />replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the <br />printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant <br />to Title 9, Tex. Gov't Code Ann., as amended, and particularly Chapter 1201, Subchapter D thereof, <br />the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon <br />the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's <br />Authentication Bond, the converted and exchanged or replaced Bonds shall be valid, incontestable, <br />and enforceable in the same manner and with the same effect as the Initial Bond which was originally <br />delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the <br />Comptroller of Public Accounts. <br />(c) Bonds issued in conversion and exchange or replacement of any other Bond or portion <br />thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and <br />interest on such Bonds to be payable only to the registered owners thereof, (ii) may be transferred <br />and assigned, (iii) may be converted and exchanged for other Bonds, (iv) shall have the <br />characteristics, (v) shall be signed and sealed, and (vi) shall be payable as to principal of and interest, <br />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 />San Marcos Tax & Rev Rfdg 2009 Ordinance I I
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