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O-1994-1971
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O-1994-1971
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:28:26 AM
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Legislative Records
Legislative Type
Ordinance
Date
3/14/1994
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<br />e <br /> <br />e <br /> <br />mutilation of a Bond. the registered owner shall surrender to the Paying AgentlRegislI3.r for cancellation the <br />Bond so damaged or mutilated. <br /> <br />(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section. in the event any such <br />Bond shall have matured. and no default has occurred which is then continuing in the payment of the principal <br />of, redemption premium, if any, or interest on the Bond. the Issuer may authorize the payment of the same <br />(without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement <br />Bond, provided security or indemnity is furnished as above provided in this Section. <br /> <br />(d) Char~e for Issuing Replacement Bonds. Prior to the issuance of any replacement bond. the Paying <br />Agent/RegislI3.r shall charge the registered owner of such Bond with all legal. printing, and other expenses in <br />connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the <br />fact that any Bond is lost, stolen. or destroyed shall constitute a contractual obligation of the Issuer whether or <br />not the lost, stolen. or destroyed Bond shall be found at any time. or be enforceable by anyone. and shall be <br />entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued <br />under this Ordinance. <br /> <br />(e) Authority for Issuin~ Replacement Bonds. In accordance with Section 6 of Vernon's Ann. Tex. Civ. <br />St. An. 717k-6, this Section 11 of this Ordinance shall constitute authority for the issuance of any such <br />replacement bond without necessity of further action by the governing body of the Issuer or any other body or <br />person, and the duty of the replacement of such bOflds is hereby authorized and imposed upon the Paying Agent/ <br />RegislI3.r. and the Paying Agent/RegislI3.r shall authenticate and deliver such Bonds in the fonn and manner and <br />with the effect. as provided in Section 4(a) of this Ordinance for Bonds issued in exchange for other Bonds. <br /> <br />SECTION 11. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS: BOND COUNSEL'S <br />OPJNION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the <br />Bonds initially issued and delivered hereunder and all necessary records and proceedings penaining to the Bonds <br />pending their delivery and their investigation, examination. and approval by the Attorney General of the State of <br />Texas. and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of <br />the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) <br />shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said <br />Comptroller shall be impressed. or placed in facsimile. on such Certificate. The approving legal opinion of <br />McGinnis, Lochridge & Kilgore, Bond Counsel and the assigned CUSIP numbers may, at the option of the <br />Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, <br />and shall be solely for the convenience and infonnation of the registered owners of the Bonds. <br /> <br />SECTION 12. COVENANTS OF THE ISSUER. (a) General Covenants. The Issuer covenants and <br />represents that: <br /> <br />(i) The Issuer is a duly incorporated Home Rule City, having more than SOOO inhabitants, operating <br />and existing under the Constitution and laws of the State of Texas, and is duly authorized under the laws <br />of the State of Texas to create and issue the Bonds; all action on its part for the creation and issuance of <br />the Bonds has been duly and effectively taken: and the Bonds in the hands of the Owners thereof are and <br />will be valid and enforceable obligations of the Issuer in accordance with their tenns; and <br /> <br />(ii) The Bonds shall be ratably secured in such manner that no one Bond shall have preference over <br />other Bonds. <br /> <br />(b) Specific Covenants. The Issuer covenants and represents that. while the Bonds are outstanding and <br />unpaid. it will: <br /> <br />(i) Levy an ad valorem tax that will be sufficient to provide funds to pay the current interest on the <br />Bonds and to provide the necessary sinking fund, all as described in this Ordinance; and <br />
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