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9972-09 Amending ordinance 9672-06 entitled Authorizing the acquistions and installation of certain improvements
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9972-09 Amending ordinance 9672-06 entitled Authorizing the acquistions and installation of certain improvements
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Last modified
11/30/2009 12:32:29 PM
Creation date
11/17/2009 11:06:17 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/26/2009
Ord-Res Number
9972-09
Bill Number
82-09
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(j) The provisions of this Ordinance shall be construed to create a <br />trust in the proceeds of the sale of the bonds herein authorized for the uses and <br />purposes herein set forth, and the owners of the bonds shall retain a lien on such <br />respective proceeds until the same are applied in accordance with the provisions of <br />this Ordinance and of the Act. The provisions of this Ordinance shall also be <br />construed to create a trust in the portion of the net revenues herein directed to be set <br />apart and paid into the Sewage Works Sinking Fund for the uses and purposes of said <br />fund as in this Ordinance set forth. The owner of said bonds shall have all of the <br />rights, remedies and privileges set forth in the provisions of the Act, including the <br />right to have a receiver appointed to administer said Sewage Works in the event of <br />default in the payment or the principal of or interest on any of the bonds herein <br />authorized or in the event of default in respect to any of the provisions of this <br />Ordinance or the Act. The Common Council reserves the right, however, to amend <br />this Ordinance from time to time to preserve the Tax Exemption described in Section <br />XIX hereof without the approval of any owner of the bonds so long as the Common <br />Council certifies that such amendment does not violate subsection (i) of Section <br />XVII; provided, however, that if the Bonds are sold to the Authority, the City shall <br />obtain the prior written consent of the Authority. <br />Section 10. The following shall be added as the last sentence to the section of the <br />Bond Ordinance labeled Section XXI. Supplemental Ordinances: <br />Notwithstanding anything in this Section XXI of this Ordinance, as to <br />any series of Bonds sold to the Authority pursuant to Section VIII of this Ordinance, <br />no supplemental ordinance shall be adopted unless consented to in writing by the <br />Authority. <br />Section 11. The Bond Ordinance is amended to add the form of Financial <br />Assistance Agreement as Appendix B to the Bond Ordinance which is attached hereto as <br />Exhibit A. <br />Section 12. All remaining terms and provisions of the Bond Ordinance remain in full <br />force and effect. <br />***** <br />-17- <br />BDDBOI 5863495v1 <br />
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