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Ord 2003-068
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Ord 2003-068
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Last modified
9/18/2007 4:20:01 PM
Creation date
5/13/2004 8:50:19 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2003-68
Date
11/10/2003
Volume Book
154
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on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment <br />(a "Special Record Date") will be established by the Paying Agent/Registrar if and when funds for the <br />payment of such interest have been received from the City. Notice of the Special Record Date and of the <br />scheduled payment date of the past due interest (the "Special Payment Date", which shall be at least 15 days <br />after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by <br />United States mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the <br />books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date <br />of mailing of such notice. <br /> <br /> (c) Interest on the Bonds shall be paid by check (dated as of the Interest Payment Date) and sent <br />by the Paying Agent/Registrar to the person entitled to such payment by United States mail, first class <br />postage prepaid, to the address of such person as it appears in the Register or by such other customary <br />banking arrangements acceptable to the Paying Agent/Registrar and the person to whom interest is to be paid; <br />provided, however, that such person shall bear all risk and expenses of such other customary banking <br />arrangements. <br /> <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 thereof) upon <br />presentation and surrender of such Bond at the Designated Payment/Transfer Office. <br /> <br /> (e) Ifa date for the payment of the principal of or interest on the Bonds is a Saturday, Sunday, <br />legal holiday, or a day on which banking institutions in the city in which the Designated Payment/Transfer <br />Office is located are authorized by law or executive order to close, then the date for such payment shall be <br />the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking <br />institutions are authorized to close; and payment on such date shall have the same force and effect as if made <br />on the original date payment was due. <br /> <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 Paying <br />Agent/Registrar, nor any other person shall be liable or responsible to any Owners of such Bonds for any <br />further payment of such unclaimed moneys or on account of any such Bonds, subject to any applicable <br />escheat, abandoned property, or similar law. <br /> <br />Section 3.04. Execution and Initial Registration. <br /> <br /> (a) The Bonds shall be executed on behalf of the City by the Mayor an~d City Clerk of the City, <br />by their manual or facsimile signatures, and the official seal of the City shall be impressed or placed in <br />facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds <br />had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall <br />have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. <br /> <br /> (b) In the event that any officer of the City whose manual or facsimile signature appears on the <br />Bonds ceases to be such officer before the authentication of such Bonds or before the delivery thereof, such <br />manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had <br />remained in such office. <br /> <br /> (c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled <br />to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying <br />Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution <br />of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying <br />Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu of the executed <br /> <br />R:\San Marcos\WWSS.03\Docs\Ordinance\WS Ord Final.wpd 6 <br /> <br /> <br />
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