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Construction of Additions and Improvements to the Sewage Works Bonds
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Construction of Additions and Improvements to the Sewage Works Bonds
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11/27/2012 3:39:34 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/12/1988
Ord-Res Number
7951-88
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and retired coincidentally with the delivery of such additional bonds <br /> or other obligations, or, as provided in section 20 herein, funds <br /> sufficient to effect such redemption are available and set aside for <br /> that purpose at the time of issuance of such additional bonds. <br /> (g) The City shall take all actions or proceedings necessary <br /> and proper to require connection of all property where liquid and <br /> solid waste, sewage, night soil, or industrial waste is produced, <br /> with available sanitary sewers; and further take necessary action to <br /> regulate the use of public and private sewers and drains. The City <br /> shall, insofar as possible, cause all such sanitary sewers to be <br /> connected with said sewage works. <br /> (h) The provisions of this Ordinance shall constitute a <br /> contract by and between the City of South Bend and all the holders of <br /> the bonds herein authorized, and after the issuance of said bonds <br /> this Ordinance shall not be repealed or amended in any respect which <br /> will adversely affect the rights of the holders of said bonds, nor <br /> shall the Common Council or other body of the City adopt any law, <br /> ordinance or resolution which in any way adversely affects the rights <br /> of such holders so long as any of said bonds or the interest thereon <br /> remains unpaid. <br /> (i) The provisions of this Ordinance shall be construed to <br /> create a trust in the proceeds of the sale of the Series 1989 Bonds <br /> herein authorized for the uses and purposes herein set forth, and the <br /> holders of the Series 1989 Bonds shall retain a lien on such proceeds <br /> until the same are applied in accordance with the provisions of this <br /> Ordinance and of said governing Act. The provisions of this <br /> Ordinance shall also be construed to create a trust in the portion of <br /> the net revenues herein directed to be set apart and paid into the <br /> Sewage Works Sinking Fund for the uses and purposes of said fund as <br /> in this Ordinance set forth. The holders of said bonds shall have <br /> all of the rights, remedies and privileges set forth in the pro- <br /> visions of the governing Act hereinbefore referred to, including the <br /> right to have a receiver appointed to administer said sewage works, <br /> in the event of default in the payment of the principal of or <br /> interest on any of the bonds herein authorized not cured within a <br /> period of thirty (30) days. <br /> Section 20. If, when the Series 1989 Bonds or a portion <br /> thereof shall have become due and payable in accordance with their <br /> terms or shall have been duly called for redemption or irrevocable <br /> instructions to call the Series 1989 Bonds or a portion thereof for <br /> redemption shall have been given, and the whole amount of the prin- <br /> cipal of and premium, if any, and interest so due and payable upon <br /> all of the Series 1989 Bonds or a portion therof then outstanding <br /> shall be paid or (i) sufficient monies, or (ii) direct obligations <br /> of, or obligations the principal of and interest on which are uncon- <br /> ditionally guaranteed by, the United States of America, the principal <br /> of and the interest on which when due will provide sufficient monies <br /> for such purpose, or (iii) time certificates of deposit of a bank or <br /> banks fully secured as to both principal and interest by obligations <br /> of the kind described in (ii) above, the principal of and interest on <br /> which when due will provide sufficient monies for such purpose, shall <br /> -26- <br />
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