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Ord 2007-035
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Ord 2007-035
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Last modified
6/26/2008 10:48:15 AM
Creation date
6/22/2007 3:07:28 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2007-35
Date
6/19/2007
Volume Book
172
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D thereof, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed <br />upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's <br />Authentication Certificate, the converted and exchanged or replaced Certificates shall be valid, incontestable, <br />and enforceable in the same manner and with the same effect as the Initial Certificate which was originally <br />delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of <br />Public Accounts <br />(c) Certificates issued in conversion and exchange or replacement of any other Certificate or <br />portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and <br />interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to <br />their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other <br />Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) shall be payable as to <br />pnncipal of and interest, all as provided, and in the manner required or indicated, in the Form of Certificates <br />set forth in this Ordinance. <br />Section 3.08, Replacement Certificates. <br />(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated <br />PaymentlTransfer Office, of a mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver <br />in exchange therefor a replacement Certificate of like tenor and principal amount, bearing a number not <br />contemporaneously outstanding. The City or the Paying Agent/ Registrar may require the Owner of such <br />Certificate to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be <br />imposed in connection therewith and any other expenses connected therewith. <br />(b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken, the Paying. <br />Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or <br />knowledge that such Certificate has been acquired by a bona fide purchaser, shall authenticate and deliver a <br />replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously <br />outstanding, provided that the Owner first: <br />(i) fianushes to the Paying Agent/Registrarsabsfactory evidence of his or her ownership <br />of and the circumstances of the loss, destruction or theft of such Certificate; <br />(ii) furnishes such secunty or indemnity as may be required by the Paying <br />Agent/Registrar and the Crty to save them harmless, <br />(iii) pays all expenses and charges in connection therewith, including, but not limited to, <br />panting costs, legal fees, fees of the Paying Agent/Reg~strar and any tax or other governmental charge <br />that ~s authorized to be imposed; and <br />(iv) satisfies any other reasonable requirements imposed by the City and the Paying <br />Agent/Reg~strar. <br />(c) If, after the delivery of such replacement Certificate, a bona fide purchaser of the onginal <br />Certificate m lieu of which such replacement Certificate was issued presents for payment such original <br />Certificate, the City and the Paying Agent/Registrar shall be entitled to recover such replacement Certificate <br />from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and <br />san Marcos C1RC0 20078' Ordinance <br />
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