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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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Ordinances
Number
2019-03
Date
1/29/2019
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(e) Each exchange 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 />Indenture to the same extent as the Bond or Bonds in lieu of which such exchange Bond is <br />delivered. <br />(f) No service charge shall be made to the Owner for the initial registration, <br />subsequent transfer, or exchange for a different denomination of any of the Bonds. The Paying <br />Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or <br />other governmental charge that is authorized to be imposed in connection with the registration, <br />transfer, or exchange of a Bond. <br />(g) Neither the City nor the Paying Agent/Registrar shall be required to issue, <br />transfer, or exchange any Bond or portion thereof called for redemption prior to maturity within <br />forty-five (45) days prior to the date fixed for redemption; provided, however, such limitation <br />shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Bond. <br />Section 3.8. Cancellation. <br />All Bonds paid or redeemed before scheduled maturity in accordance with this Indenture, <br />and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and <br />delivered in accordance with this Indenture, shall be cancelled, and proper records shall be made <br />regarding such payment, redemption, exchange, or replacement. Whenever in this Indenture <br />provision is made for the cancellation by the Trustee of any Bonds, the Trustee shall destroy <br />such Bonds and deliver a certificate of such destruction to the City. <br />Section 3.9. Temporary Bonds. <br />(a) Following the delivery and registration of the Initial Bond and pending the <br />preparation of definitive Bonds, the proper officers of the City may execute and, upon the City's <br />request, the Trustee shall authenticate and deliver, one or more temporary Bonds that are printed, <br />lithographed, typewritten, mimeographed or otherwise produced, in any denomination, <br />substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without <br />coupons, and with such appropriate insertions, omissions, substitutions and other variations as <br />the officers of the City executing such temporary Bonds may determine, as evidenced by their <br />signing of such temporary Bonds. <br />(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall <br />be entitled to the benefit and security of this Indenture. <br />(c) The City, without unreasonable delay, shall prepare, execute and deliver to the <br />Trustee the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bond <br />or Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall <br />cancel the Bonds in temporary form and the Trustee shall authenticate and deliver in exchange <br />therefor a Bond or Bonds of the same maturity and series, in definitive form, in the Authorized <br />Denomination, and in the same aggregate principal amount, as the Bond or Bonds in temporary <br />22 <br />
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