Section 164.00. Reissuance of lost, destroyed, partially destroyed or defaced obligations  


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  • a.  The finance board may issue a new bond, note or coupon  to  replace  one  lost,  destroyed,  partially  destroyed  or   defaced.
      However,  the  finance  board may, by resolution, delegate such power to
      the chief fiscal officer or the fiscal agent, as the term "fiscal agent"
      is defined in paragraph a of section 70.00 of  this  chapter,  in  which
      event  the chief fiscal officer or the fiscal agent, as the case may be,
      shall exercise such power until the finance board, by resolution,  shall
      elect  to  reassume the same. Notwithstanding the foregoing, in the case
      of the city of New York,  if  the  finance  board  has,  by  resolution,
      delegated  such  power  to  the  chief  fiscal officer, the chief fiscal
      officer may delegate such power to the fiscal agent, in which event  the
      fiscal  agent  shall  exercise such power until the chief fiscal officer
      shall elect to reassume the same.
        b. If the bond, note or coupon is claimed to be lost or destroyed, the
      owner shall furnish:
        1. Proof of ownership.
        2. Proof of loss or destruction.
        3. In the case of a coupon, and in the case of a bond or note if  such
      bond  or  note  was  payable  to  bearer, security to be approved by the
      finance board, chief fiscal officer or fiscal agent, as the case may be,
      sufficient to indemnify the municipality, school  district  or  district
      corporation  against  any  loss  or damage that may be incurred by it on
      account of the bond, note or coupon so claimed to be lost or  destroyed.
      Such  security,  when  the  approval  of the finance board, chief fiscal
      officer or fiscal agent, as the case may be, has been indicated thereon,
      shall be filed in the office of the clerk  or  similar  officer  of  the
      municipality, school district or district corporation.
        4.  Payment of the cost of preparing and issuing the new bond, note or
      coupon.
        c. If the bond, note or coupon is defaced or partially destroyed,  the
      owner  shall  surrender  such  bond,  note or coupon and pay the cost of
      preparing and issuing the new bond, note or coupon.
        d. The new bond, note or coupon shall be  of  substantially  the  same
      form  and  tenor  as  the one originally issued, except that it shall be
      signed  either  by  (i)  the  manual  or  facsimile  signature  of   the
      appropriate  person  or persons in office at the time of the reissuance,
      or (ii) the facsimile signature of the appropriate person or persons  in
      office at the time of the original issuance or any time between original
      issuance  and reissuance. The new bond or note shall be authenticated in
      the manner provided in section 61.00 of this chapter. If the bond,  note
      or coupon is issued in the place of one claimed to be lost or destroyed,
      it  shall  in  addition state upon the back thereof that it is issued in
      the place of such bond, note or coupon claimed  to  have  been  lost  or
      destroyed, and, where applicable, that adequate security for its payment
      in  full  at maturity is filed with the municipality, school district or
      district corporation. The fiscal agent shall make an  appropriate  entry
      in  his  records of any new bond, note or coupon issued pursuant to this
      section.
        e. If the finance board, chief fiscal officer or fiscal agent, as  the
      case  may  be,  shall  refuse to issue a new bond, note or coupon in the
      place of one claimed to be lost or destroyed, the owner may petition the
      supreme court in the district where the municipality, school district or
      district corporation is situated, and after hearing the allegations  and
      proofs the court may order the issuance of such new bond, note or coupon
      upon the payment of the cost of the preparation and issuance thereof and
      the  furnishing  by  the  owner  to the municipality, school district or
      district corporation of such security as the court may direct.