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<br />. <br /> <br />e <br /> <br />remain outstanding and unpaid, there is hereby levied and <br />there shall be annually assessed and collected in due time, <br />form and manner and at the same time other City taxes are <br />assessed, levied and collected, in each year beginning with <br />the current year, a continuing direct annual ad valorem tax <br />upon all taxable property in the City sufficient to pay the <br />current interest thereon and to create a sinking fund of not <br />less than two percent (2%) of the principal amount of the <br />Bonds then outstanding or of not less than the amount <br />required to pay the principal payable out of said tax, <br />whichever is greater, full allowance being made for delin- <br />quencies and costs of collection, and said taxes, when <br />collected, shall be applied to the principal of and interest <br />on the Bonds and for no other purpose. <br /> <br />Section 11. That the Mayor is hereby authorized <br />and directed to submit, or cause to be submitted, the record <br />of the Bonds, and the Initial Bonds, to the Attorney General <br />of the State of Texas for examination and approval and <br />thereafter cause the Initial Bonds to be registered by the <br />Comptroller of Public Accounts of the State of Texas. Upon <br />said registration of the Initial Bonds, said Comptroller of <br />Public Accounts (or a deputy designated in writing to act <br />for said Comptroller) shall manually sign the Comptroller's <br />Registration Certificate prescribed herein to be endorsed on <br />each of the Initial Bonds, and the seal of said Comptroller <br />shall be impressed or stamped on each such Bond. <br /> <br />Section 12. That the City hereby covenants with <br />the Purchaser and any subsequent registered owner of the <br />Bonds that the City will not make any use of the proceeds of <br />the Bonds which will cause the Bonds to be or become arbi- <br />trage bonds within the meaning of Section 103(c) of the <br />Internal Revenue Code of 1954, as amended, or any regu- <br />lations promulgated thereunder, and that the City will <br />otherwise comply with the pertinent provisions of said <br />Section 103(c), the regulations promulgated thereunder in <br />order that the Bonds will not be or become arbitrage bonds <br />thereunder. <br /> <br />Section 13. That if (1) any mutilated Bond is <br />surrendered to the Paying Agent/Registrar or (2) the City <br />and the Paying Agent/Registrar receive evidence to their <br />satisfaction of the destruction, l~ss or theft of any Bond, <br />and (a) there is delivered to the City and the Paying <br />Agent/Registrar such security or indemnity as may be <br />required by them to save each of them harmless and (b) the <br />City and the Paying Agent/Registrar have no notice that such <br />latter Bond has been acquired by a bona fide purchaser~ then <br />and in either such event the City shall execute and upon its <br />request the Paying Agent/Registrar shall register and <br />deliver, in exchange for or in lieu of any such mutilated, <br />destroyed, lost or stolen Bond, a new Bond of the same <br />maturity and of like tenor, interest rate and principal <br />amount, bearing a number not contemporaneously outstanding. <br />Upon the issuance of any new Bond under this Section 13, the <br />City may require the payment by the registered owner thereof <br />of a sum sufficient to cover any tax or other governmental <br />charge that may be imposed in relation thereto and any other <br />expenses (including the fees and expenses of the Paying <br />Agent/Registrar) connected therewith. Every new Bond issued <br />pursuant to this Section 13 in lieu of any mutilated, <br />destroyed, lost or stolen Bond shall constitute a replace- <br />ment of the prior obligation of the City, whether or not the <br />mutilated, destroyed, lost or stolen Bond shall be at the <br />time enforceable by anyone, and shall be entitled to all the <br />benefits of this Ordinance equally and ratably with all <br />other outstanding Bonds. <br /> <br />.. <br /> <br />RG047B/180BOl <br /> <br />-9- <br />