06-08-09 Common Council Meeting Agenda & Packet

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-. date, in which case they shall beat- interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2009 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2009 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2009 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2009 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2009 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay. the same without surrender thereof. The City and the Registrar may charge the owner of such 2009 Bond with their reasonable fees and expenses in this connection. Any 2009 Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2009 Bond shall be found at any time, and shall'be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2009 Bonds issued hereunder. SECTION 5. Registrar and Paving Agent. The Fiscal Officer is hereby authorized to . appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2009 Bonds (together with any successor, the "Registrar" or "Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2009 Bonds, and shall keep and maintain the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform -the . ~ ..services required. of a Registrar and Paying Ageirt. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services its provides as Registrar and Paying ,Agent and such fees, may be.paid from the Sinking Fund established to pay the principal of and . . , - :interest an the 2004 Bons~s as fiscal agency charges= - . ~ The Registrar, and Paving A,gentmay at anytime resign as.Registrar. and Paying Agent by. ~: ' • ~~ _ giving. thirty (34~ days written.. r_~tir..e to the Cit}= and by first-class mail to etch registered ou~r~er _. j