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9603-05 Authorizing the Issuance of Revenue Bonds - Concerning the Construction of Improvements to the Municipal Waterworks - not to exceed $4,710,000
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9603-05 Authorizing the Issuance of Revenue Bonds - Concerning the Construction of Improvements to the Municipal Waterworks - not to exceed $4,710,000
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Last modified
12/13/2010 10:32:41 AM
Creation date
2/12/2008 1:46:10 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/25/2005
Ord-Res Number
9603-05
Bill Number
39-05
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(c) To the extent required by law, the issuance of the proposed additional <br />Parity Bonds and any necessary increase in water rates and chazges shall have been approved by <br />the Indiana Utility Regulatory Commission, or any successor body vested by law with authority <br />to approve bonds and water rates and charges of municipal waterworks. <br />(d) The principal of said additional Parity Bonds shall be payable on <br />January 1 and the interest shall be payable on January 1 and July 1 during the periods such <br />principal and interest are payable. <br />Unless the Prior Ordinances requires otherwise, in the event available moneys are <br />insufficient to pay debt service on the 2005 Bonds and any Parity Bonds when due, available <br />moneys shall be applied, after payment of all costs and expenses associated therewith, to the <br />2005 Bonds and any Parity Bonds as follows: to the payment to the persons entitled thereto of all <br />unpaid installments of interest then due on, and the unpaid principal of, the 2005 Bonds and any <br />Parity Bonds, including interest on any past due principal of any 2005 Bond or parity bond at the <br />rate borne by such 2005 Bond or parity bond, in the order of the maturity of the installments of <br />such interest and the due dates of such principal and, if the amount available shall not be <br />sufficient to pay in full any particular installment of interest or maturity of principal, then to such <br />payment ratably, according to the amounts so due, to the persons entitled thereto, without any <br />discrimination or privilege or any preference of or priority of interest over principal or principal <br />over interest. <br />During the continuance of any default in the payment of either principal of or interest or <br />premium on any 2005 Bonds or Parity Bonds, no payment shall be made with respect to any <br />subordinate obligations issued pursuant to Section 21(d). Moneys available for payment to <br />holders of such subordinate obligations .shall, in the event of an insufficient amount being <br />available to pay all debt service with respect to the subordinate obligations when due, be applied <br />to the subordinate obligations in accordance with the sequence and other terms set forth above <br />with respect to payments regarding 2005 Bonds and Parity Bonds unless otherwise provided in <br />the ordinance authorizing the subordinate obligations. <br />SECTION 21. Further Covenants of the City. For the purpose of further <br />safeguarding the interests of the owners of the 2005 Bonds, it is hereby specifically provided as <br />follows: <br />(a) The City, through the Board, shall at all times maintain the works in good <br />condition, and operate the same in an efficient manner and at a reasonable cost. <br />(b) So long as any of the 2005 Bonds are outstanding, the City, through the <br />Board, shall maintain insurance on the insurable parts of the works, of a kind and in an amount <br />such as would normally be carried by private entities engaged in a similar type of business. All <br />insurance shall be placed with responsible insurance companies qualified to do business under <br />the laws of the State of Indiana. As an alternative to maintaining such insurance, the City may <br />maintain aself-insurance program with catastrophic or similar coverage so long as such program <br />meets the requirements of any applicable laws or regulations and is maintained in a manner <br />consistent with programs maintained by similarly situated municipalities. Insurance proceeds or <br />- 23 - <br />
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