2025-009 - Approving issuance and sale of City Tax Notes, Series 2025, including the adoption of an Ordinance authorizing the issuance of such tax notes (Superseded by ORD. 2025-012)

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lost, stolen or destroyed Note, in replacement for such Note in the manner hereinafter provided. (b) Ainlication for ReAgg,ement Notes. Application for replacement of damaged, u ........ . .. ..... . . . . . ................. -""— mutilated, lost, stolen or destroyed Notes shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Note, the registered owner applying for a replacement Note shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Note, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Note, as the case may be. In every case of damage or mutilation of a Note, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Note so damaged or mutilated. 4 0 (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section in the event any such Note shall have matured, and no default has occurred that is then continuing in the payment of the principal of or interest on the Note, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Note) instead of issuing a replacement Note, provided security or indemnity is furnished as above provided in this Sectioll. (d) C11.1har e for Issul -&pjacement Prior to the issuance of any replacement 9 Note, the Paying Agent/Registrar shall charge the registered owner of such Note with all legal, printing, and other expenses in connection therewith. Every replacement Note issued pursuant to the provisions of this Section by virtue of the fact that any Note is lost, stolen or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen or destroyed Note shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Notes duly issued under this Ordinance. (e) Authorlt . In accordance with Section 1206.022 of the Texas Government Code, this Section 7 of this Ordinance shall constitute authority �for the issuance of any such replacement Note without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such Notes is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Notes in the form and manner and with the effect, as provided in Section 3 (a) of this Ordinance for Notes issued in conversion and exchange for other Notes.' Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF NOTES* BON I COUNSEL'S OPINION, CUSIP NUMBERS AND CONTINGENT INSURANC PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. I (a) The Mayor of the City is hereby authorized to have control of the Notes initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Notes pending their delivery and their investigation, examination and approval by the Attorney General and their registration by the Comptroller. Upon registration of the Notes the Comptroller (or a deputy designated in writing to act for the Comptroller) shall sign the Comptroller's Registration Certificate attached to such Notes in the manner prescribed by law, and the seal of the Comptroller shall be impressed, or placed in facsimile, on such Note. The approving legal opinion of the City's, M