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O-2005-2858
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O-2005-2858
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Last modified
11/2/2016 3:39:18 PM
Creation date
4/1/2008 10:44:46 AM
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Legislative Records
Legislative Type
Ordinance
Date
12/12/2005
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<br />pertinent records and proceedings to the Attorney General for examination and approval. After <br />the Obligations to be initially issued shall have been approved by the Attorney General, they <br />shall be delivered to the Comptroller for registration. Upon registration of the Obligations to be <br />initially issued, the Comptroller (or a deputy lawfully designated in writing to act for the <br />Comptroller) shall manually sign the Comptroller's registration certificate prescribed herein to <br />be affixed or attached to the Obligations to be initially issued, and the seal of said Comptroller <br />shall be impressed, or placed in facsimile, thereon. <br /> <br />ARTICLE VI <br /> <br />CONCERNING THE PAYING AGENT/REGISTRAR <br /> <br />Section 6.1: Acceptance. Wachovia Bank, National Association, Austin, Texas, is <br />hereby appointed as the initial Paying AgentlRegistrar for the Obligations pursuant to the terms <br />and provisions of the Paying AgentlRegistrar Agreement by and between the City and the Paying <br />AgentlRegistrar. The Paying AgentlRegistrar Agreement shall be substantially in the form <br />attached hereto as Exhibit C, the terms and provisions of which are hereby approved, and the <br />Mayor is hereby authorized to execute and deliver such Paying AgentlRegistrar Agreement on <br />behalf of the City in multiple counterparts and the City Secretary is hereby authorized to attest <br />thereto and affix the City's seal. Such initial Paying AgentlRegistrar and any successor Paying <br />AgentlRegistrar, by undertaking the performance of the duties of the Paying AgentlRegistrar <br />hereunder, and in consideration of the payment of any fees pursuant to the terms of any contract <br />between the Paying AgentlRegistrar and the City and/or the deposits of money pursuant to this <br />Ordinance, shall be deemed to accept and agree to abide by the terms of this Ordinance. <br /> <br />Section 6.2: Trust Funds. All money transferred to the Paying AgentlRegistrar in its <br />capacity as Paying AgentlRegistrar for the Obligations under this Ordinance (except any sums <br />representing Paying AgentlRegistrar's fees) shall be held in trust for the benefit of the City, shall <br />be the property of the City and shall be disbursed in accordance with this Ordinance. <br /> <br />Section 6.3: Obligations Presented. Subject to the provisions of Section 6.4, all <br />matured Obligations presented to the Paying AgentlRegistrar for payment shall be paid without <br />the necessity of further instructions from the City. Such Obligations shall be canceled as <br />provided herein. <br /> <br />Section 6.4: Unclaimed Funds Held by the Paying AgentlRegistrar. Funds held by the <br />Paying AgentlRegistrar that represent principal of and interest on the Obligations remaining <br />unclaimed by the Registered Owner thereof after the expiration of three years from the date such <br />funds have become due and payable (a) shall be reported and disposed of by the Paying <br />AgentlRegistrar in accordance with the provisions of Title 6 of the Texas Property Code, as <br />amended, to the extent such provisions are applicable to such funds, or (b) to the extent such <br />provisions do not apply to the funds, such funds shall be paid by the Paying AgentlRegistrar to <br />the City upon receipt by the Paying AgentlRegistrar of a written request therefor from the City. <br /> <br />The Paying AgentlRegistrar shall have no liability to the Registered Owners of the <br />Obligations by virtue of actions taken in compliance with this Section. <br /> <br />11 <br /> <br />HOU:2516661.4 <br />
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