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Ord 2013-020/Combination of Tax and Revenue Certificates of Obligation in an amount not to exceed $13,500,000
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Ord 2013-020/Combination of Tax and Revenue Certificates of Obligation in an amount not to exceed $13,500,000
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4/3/2014 11:13:43 AM
Creation date
6/10/2013 10:15:15 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2013-20
Date
4/2/2013
Volume Book
196
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(b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken, the <br />Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence of <br />notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall <br />authenticate and deliver a replacement Certificate of like tenor and principal amount, bearing a <br />number not contemporaneously outstanding, provided that the Owner first: <br />(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her <br />ownership of and the circumstances of the loss, destruction or theft of such Certificate; <br />(ii) furnishes such security or indemnity as may be required by the Paying <br />Agent /Registrar and the City to save them harmless; <br />(iii) pays all expenses and charges in connection therewith, including, but not <br />limited to, printing costs, legal fees, fees of the Paying Agent /Registrar and any tax or other <br />governmental charge that is authorized to be imposed; and <br />(iv) satisfies any other reasonable requirements imposed by the City and the <br />Paying Agent /Registrar. <br />(c) If, after the delivery of such replacement Certificate, a bona fide purchaser of the <br />original Certificate in lieu of which such replacement Certificate was issued presents for payment <br />such original Certificate, the City and the Paying Agent /Registrar shall be entitled to recover such <br />replacement Certificate from the person to whom it was delivered or any person taking therefrom, <br />except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided <br />therefor to the extent of any loss, damage, cost or expense incurred by the City or the Paying <br />Agent /Registrar in connection therewith. <br />(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken <br />Certificate has become or is about to become due and payable, the Paying Agent /Registrar, in its <br />discretion, instead of issuing a replacement Certificate, may pay such Certificate if it has become due <br />and payable or may pay such Certificate when it becomes due and payable. <br />(e) Each replacement Certificate delivered in accordance with this Section shall <br />constitute an original contractual obligation of the City and shall be entitled to the benefits and <br />security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such <br />replacement Certificate is delivered. <br />Section 3.09. Book - Entry -Only System. <br />(a) The definitive Certificates shall be initially issued in the form of a separate single <br />fully registered Certificate for each of the maturities thereof. Upon initial issuance, the ownership <br />of each such Certificate shall be registered in the name of Cede & Co., as nominee of DTC, and <br />except as provided in Section 3.11 hereof, all of the outstanding Certificates shall be registered in <br />the name of Cede & Co., as nominee of DTC. <br />San Marcos CTRCO 2013: Ordinance 14 <br />
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