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Ord 2011-057
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Ord 2011-057
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and discharge the City's obligations with respect to payment of principal of and interest on the Bonds <br />to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the <br />Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of <br />principal, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying <br />Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee <br />in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks <br />being mailed to the registered owner at the close of business on the Record Date the word "Cede & <br />Co." in this Ordinance shall refer to such new nominee of DTC. <br />(f) Successor Securities Depository: Transfer Outside Book-Entry-Only System. In the event <br />that the City determines to discontinue the book -entry system through DTC or a successor or DTC <br />determines to discontinue providing its services with respect to the Bonds, the City shall either (i) <br />appoint a successor securities depository, qualified to act as such under Section 17(a) of the <br />Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the <br />availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants <br />having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted <br />to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but <br />shall be registered in the name of the successor securities depository, or its nominee, or in whatever <br />name or names the Registered Owner transferring or exchanging Bonds shall designate, in accordance <br />with the provisions of this Ordinance. <br />(g) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the <br />contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all <br />payments with respect to principal of, and interest on such Bond and all notices with respect to such <br />Bond shall be made and given, respectively, in the manner provided in the Letter of Representations <br />of the City to DTC. <br />(h) DTC Blanket Letter of Representations. The City confirms execution of a Blanket Letter <br />of Representations with DTC establishing the Book - Entry-Only System which will be utilized with <br />respect to the Bonds. <br />(i) Cancellation of Initial Bond. On the Closing Date, one initial Bond representing the entire <br />principal amount of the Bonds, payable in stated installments to the order of the underwriter of the <br />Bonds or its designee, executed by manual or facsimile signature of the Mayor and City Clerk, <br />approved by the Attorney General of Texas, and registered and manually signed by the Comptroller <br />of Public Accounts of the State of Texas, will be delivered to such underwriter or its designee. Upon <br />payment for the initial Bond, the Paying Agent/Registrar shall cancel the initial Bond and deliver to <br />DTC or the Paying Agent/Registrar on behalf of such underwriter one registered definitive Bond for <br />each year of maturity of the Bonds, in the aggregate principal amount of all the Bonds for such <br />maturity. <br />Section 7. FORM OF BONDS. The form of the Bonds, including the form of Paying <br />Agent/Registrar's Authentication Certificate, the form of Assignment, and the form of Registration <br />Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds <br />San Marcos GORB 2011 - Delegated: Ordinance 8 <br />
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