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9523-04 Authorizing the Acquistion, COnstuction and, Installation of Certain Additions
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9523-04 Authorizing the Acquistion, COnstuction and, Installation of Certain Additions
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Last modified
12/13/2010 9:45:45 AM
Creation date
4/18/2008 9:40:44 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/9/2004
Ord-Res Number
9523-04
Bill Number
46-04
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(c.) The creation of a lien upon or a pledge of the revenues of the Sewage <br />Works ranking prior to the pledge thereof created by this Ordinance; or <br />(d.) A preference or priority of any 2004 Bond or Bonds over any other 2004 <br />Bond or Bonds; or <br />(e.) A reduction in the aggregate principal amount of the 2004 Bonds required <br />for consent to such supplemental ordinance. <br />If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a <br />notice, postage prepaid, to the addresses appearing on the registration books held by the Registrar. <br />Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall <br />state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the <br />2004 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the <br />2004 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the <br />validity of such supplemental ordinance when consented to and approved as herein provided. <br />Whenever at any time within one year after the date of the mailing of such notice, the City <br />shall receive any instrument or instruments purporting to be executed by the owners of the 2004 <br />Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal amount <br />of the 2004 Bonds then outstanding, which instrument or instruments shall refer to the proposed <br />supplemental ordinance described in such notice, and shall specifically consent to and approve the <br />adoption thereof in substantially the form of the copy thereof referred to in such notice as on file <br />with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance <br />in substantially such form, without liability or responsibility to any owners of the 2004 Bonds, <br />whether or not such owners shall have consented thereto. <br />No owner of any 2004 Bond shall have any right to object to the adoption of such <br />supplemental ordinance or to object to any of the terms and provisions contained therein or the <br />operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin <br />or restrain the City or its officers from adopting the same, or from taking any action pursuant to <br />the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the <br />provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in <br />accordance therewith, and the respective rights, duties and obligations under this Ordinance of the <br />City and all owners of 2004 Bonds then outstanding, shall thereafter be determined exercised and <br />enforced in accordance with this Ordinance, subject in all respects to such modifications and <br />amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, <br />the rights and obligations of the City and of the owners of the 2004 Bonds, and the terms and <br />provisions of the 2004 Bonds and this Ordinance, or any supplemental ordinance, may be <br />modified or altered in any respect with the consent of the City and the consent of the owners of all <br />the 2004 Bonds then outstanding. <br />Without notice to or consent of the owners of the 2004 Bonds, the City may, from time to <br />time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with <br />the terms and provisions hereof (which supplemental ordinances shall thereafter form a part <br />hereof), <br />-19- <br />
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