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Ord 2011-057
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Ord 2011-057
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(f) Any consent given by the Registered Owner of a Bond pursuant to the provisions of <br />this Section shall be irrevocable for a period of six months from the date of such consent, and shall <br />be conclusive and binding upon all future holders of the same Bond during such period. Such consent <br />may be revoked at any time after six months from the date of consent by the Registered Owner who <br />gave such consent, or by a successor in title, by filing notice with the City. <br />For the purposes of establishing ownership of the Bonds, the City shall rely solely upon the <br />registration of the ownership of such Bonds on the Register kept by the Paying Agent/Registrar. <br />Section 21. REMEDIES IN EVENT OF DEFAULT. In addition to all the rights and <br />remedies provided by the laws of the State of Texas, it is specifically covenanted and agreed <br />particularly that in the event the City (i) defaults in the payment of the principal, premium, if any, or <br />interest on the Bonds, (ii) declares bankruptcy, or (iii) defaults in the observance or performance of <br />any other of the covenant, agreement or obligation of the City, the failure to perform which materially <br />adversely affects the rights of the owner, including but no limited to, their prospect or ability to be <br />repaid in accordance with this Section and the continuation thereof for a period of 60 days after <br />notice of such default is given by any owner to the City, the following remedies shall be available: <br />(a) Any owner or an authorized representative thereof, including but not limited to, a trustee <br />or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the <br />rights to the owner under this Ordinance, by mandamus or other suit, action or special proceeding <br />in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including <br />the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act <br />or thing that may be unlawful or in violation of any right of the owner hereunder or any combination <br />of such remedies. <br />(b) No remedy herein conferred or reserved is intended to be exclusive of any other available <br />remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to <br />every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in <br />equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to <br />accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. <br />The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other <br />available remedy. <br />Section 22. NO RECOURSE AGAINST CITY OFFICIALS. No recourse shall be had <br />for the payment of principal of or interest on the Bonds or for any claim based thereon or on this <br />Ordinance against any official of the City or any person executing any Bond. <br />Section 23. FURTHER ACTIONS. The Mayor, the City Manager and all other officers <br />and employees of the City are hereby authorized, empowered and directed from time to time and at <br />any time to do and perform all such acts and things and to execute, acknowledge and deliver in the <br />name and under the corporate seal and on behalf of the City all such instruments, whether or not <br />herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of <br />this Ordinance and the Bonds. In addition, prior to the initial delivery of the Bonds, the Mayor, the <br />San Marcos GORB 2011 - Delegated: Ordinance 29 <br />
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