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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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(a.) to cure any ambiguity or formal defect or omission in this Ordinance or in <br />any supplemental ordinance; or <br />(b.) to grant to or confer upon the owners of the 2004 Bonds any additional <br />rights, remedies, powers, authority or security that may lawfully be granted to or conferred <br />upon the owners of the 2004 Bonds; or <br />(c.) to procure a rating on the 2004 Bonds from a nationally recognized <br />securities rating agency designated in such supplemental ordinance, if such supplemental <br />ordinance will not adversely affect the owners of the 2004 Bonds; or <br />(d.) to make any other change which is not to the prejudice of the owners of the <br />2004 Bonds; or <br />(e.) to provide for the refunding or advance refunding of the 2004 Bonds. <br />SECTION 21. Defaults. In the event available moneys hereunder, subject to the <br />restrictions on use of money held under this Ordinance as set forth herein, are insufficient to pay <br />debt service on all bonds payable from the revenues of the Sewage Works when due, available <br />moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2004 <br />Bonds and any additional bonds issued in accord with Section 17 hereof (together, "Parity <br />Bonds") as follows: <br />First - To the payment to the persons entitled thereto of all installments of <br />interest then due, including interest on any past due principal at the rate borne by <br />such bond, in the order of the maturity of the installments of such interest and, if <br />the amount available shall not be sufficient to pay in full any particular installment, <br />then to such payment ratably, according to the amounts due on such installments, <br />to the persons entitled thereto, without any discrimination or privilege; and <br />Second - To the payment to the persons entitled thereto of the unpaid <br />principal of and premium on any of such bonds which shall have become due <br />either at maturity or pursuant to a call for redemption (other than bonds called for <br />redemption for the payment of which other moneys are held), in the order of their <br />due dates, and, if the amount available shall not be sufficient to pay in the amounts <br />due on any particular date, then to such payment ratably, according to the amount <br />due on such date, to the persons entitled thereto without any discrimination or <br />privilege. <br />During the continuance of any default in the payment of either principal of or interest or <br />premium on any 2004 Bond or other Parity Bond, no payment shall be made with respect to any <br />subordinate and junior bonds ("Junior Bonds"). Moneys available for payment to holders of <br />Junior Bonds shall, in the event of an insufficient amount being available to pay all debt service <br />with respect to the Junior Bonds when due, be applied to the Junior Bonds in accordance with the <br />sequence and other terms set forth above with respect to payments regarding Parity Bonds unless <br />otherwise provided in the ordinance authorizing the Junior Bonds. <br />-20- <br />
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