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Concerning the Current Refunding of Outstanding Waterworks Revenue Bonds of 2000 and 2006,; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to Exceed Three Million Seven Hudnred Twenty Thousand ($3,720,000)
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Concerning the Current Refunding of Outstanding Waterworks Revenue Bonds of 2000 and 2006,; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to Exceed Three Million Seven Hudnred Twenty Thousand ($3,720,000)
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4/26/2017 8:24:57 AM
Creation date
12/21/2016 9:11:01 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/14/2016
Ord-Res Number
10480-16
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(f) The provisions of this Ordinance shall constitute a contract by and <br />between the City and the owners of the 2016 Bonds, all the terms of which shall be enforceable <br />by any such owner by any and all appropriate proceedings in law or in equity. After the issuance <br />of the 2016 Bonds and so long as any of the principal thereof or interest or premium, if any, <br />thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be <br />repealed or amended in any respect which, in the determination of the Council in its sole <br />discretion, will materially and adversely affect the rights of such owners, nor shall the Council or <br />any other body of the City adopt any law, ordinance or resolution which, in the determination of <br />the Council in its sole discretion, in any way materially and adversely affects the rights of such <br />owners. <br />The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of <br />the 2016 Bonds for the uses and purposes herein set forth, and the owners of the 2016 Bonds <br />shall retain a lien on such proceeds until the same are applied in accordance with the provisions <br />of this Ordinance and the Act. The provisions of this Ordinance shall also be construed to create <br />a trust in the Net Revenues herein directed to be set apart and paid into the Sinking Fund for the <br />uses and purposes of that Fund as set forth in this Ordinance. The owners of the 2016 Bonds <br />shall have all the rights, remedies and privileges set forth in the Act. <br />SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and <br />provisions contained in this section and Sections 21 and 23, the owners of not less than a <br />majority in aggregate principal amount of the 2016 Bonds and then outstanding shall have the <br />right, from time to time, to consent to and approve the adoption by the Council of such ordinance <br />or ordinances supplemental hereto, as shall be deemed necessary or desirable by the City for the <br />purpose of amending in any particular any of the terms or provisions contained in this Ordinance, <br />or in any supplemental Ordinance; provided, however, nothing herein contained shall permit or <br />be construed as permitting: <br />(a) An extension of the maturity of the principal of or interest or premium, if <br />any, on any 2016 Bond or an advancement of the earliest redemption date on any 2016 Bond, <br />without the consent of the holder of each 2016 Bond so affected; or <br />(b) A reduction in the principal amount of any 2016 Bond, the redemption <br />premium, the Reserve Requirement therefor or the rate of interest thereon, or a change in the <br />monetary medium in which such amounts are payable, without the consent of the holder of each <br />2016 Bond so affected; or <br />(c) The creation of a lien upon or a pledge of the Net Revenues ranking prior <br />to the pledge thereof created by this Ordinance, without the consent of the holders of all 2016 <br />Bonds then outstanding; or <br />(d) A preference or priority of any 2016 Bond over any other 2016 Bond, <br />without the consent of the holders of all 2016 Bonds then outstanding; or <br />(e) A reduction in the aggregate principal amount of the 2016 Bonds required <br />for consent to such supplemental ordinance, without the consent of the holders of all 2016 Bonds <br />then outstanding. <br />-25- <br />
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