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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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resolutions and parts thereof in conflict herewith, except the Prior Ordinances, are to the extent <br />of such conflict hereby repealed. None of the provisions of this Ordinance shall be construed to <br />adversely affect the rights of the owners of the Parity Bonds. <br />SECTION 29. Severability. If any section, paragraph or provision of this Ordinance shall <br />be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such <br />section, paragraph or provision shall not affect any of the remaining provisions of this <br />Ordinance. <br />SECTION 30. Interpretation. Unless the context or laws clearly require otherwise, <br />references herein to statutes or other laws include the same as modified, supplemented or <br />superseded from time to time. <br />SECTION 31. Effectiveness. This Ordinance shall be in full force and effect from and <br />after its passage and compliance with the procedures required by law. <br />SECTION 32. Credit Facility. The Executive and the Fiscal Officer, on behalf of the <br />City, are hereby authorized to obtain a Credit Facility or Additional Credit Facility as set forth in <br />Section 14 herein. The Executive and the Fiscal Officer, on behalf of the City, are also <br />authorized to enter into an agreement with the Credit Facility Issuer for either the Credit Facility <br />or Additional Credit Facility (the "Credit Facility Agreement ") and negotiate the terms of the <br />Credit Facility Agreement, with the advice of the City's financial advisor and nationally <br />recognized bond counsel. The Executive and the Fiscal Officer, on behalf of the City, are also <br />authorized to execute any and all other documents required to obtain the Credit Facility. The . <br />City hereby agrees that:If the waterworks fails to pay any Credit Facility Costs in accordance <br />with the requirements set forth above, the Credit Facility Issuer shall be entitled to exercise any <br />and all remedies available at law or under the authorized documents other than (i) acceleration of <br />the maturity of the 2016 Bonds or (ii) remedies which would adversely affect the owners of the <br />2016 Bonds. <br />(b) This Ordinance shall not be discharged and the 2016 Bonds defeased until <br />all Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. <br />(c) The Credit Facility Issuer is granted a security interest (subordinate to that <br />of the owners of the 2016 Bonds) in all revenues and collateral pledged as security for the 2016 <br />Bonds, for the repayment of the Credit Facility Costs. <br />(d) No additional bonds payable from the Net Revenues will be issued <br />without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past <br />due and still owing to the Credit Facility Issuer. <br />(e) This Ordinance shall not be modified or amended, except as provided in <br />Section 23 herein, without the prior written consent of the Credit Facility Issuer. <br />The Credit Facility Issuer shall be provided with written notice of the resignation or removal of <br />the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of <br />additional indebtedness of the City's waterworks at such address as may be specified, from time <br />to time, by the Credit Facility Issuer. <br />-30- <br />
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