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Ord 2004-048
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Ord 2004-048
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Last modified
9/18/2007 4:18:59 PM
Creation date
6/16/2005 1:17:57 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2004-48
Date
8/23/2004
Volume Book
156
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<br />(b) Interest on the Bonds shall be payable to the Owners whose names appear in the Register <br />at the close of business on the Record Date; provided, however, that in the event of nonpayment of interest <br />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 ofbusiness 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) If a 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 and 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 />facsim ile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each ofthe 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 ifthe 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 /> <br />R\San Marcos\ WWSS.04IDocsIOrdinance\Ordinance Final. wpd <br /> <br />6 <br />
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