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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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08-28-2023
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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together with the dollar amount of each Beneficial Owner's interest in the Bonds and the current <br />addresses of such Beneficial Owners. <br />Notwithstanding anything contained herein, the City may accept any other forms of <br />financial assistance, as and if available, from the IFA Program (including without limitation any <br />forgivable loans,grants or other assistance whether available as an alternative to any BAN or Bond <br />related provision otherwise provided for herein or as a supplement or addition thereto). If required <br />by the IFA Program to be eligible for such financial assistance, one or more of the series of the <br />BANs or Bonds issued hereunder may be issued on a basis such that the payment of the principal <br />of or interest on (or both) such series of BANs or Bonds is junior and subordinate to the payment <br />of the principal of and interest on other series of BANs or Bonds issued hereunder (and/or any <br />other revenue bonds secured by a pledge of Net Revenues, whether now outstanding or hereafter <br />issued), all as provided by the terms of such series of BANs or Bonds as modified pursuant to this <br />authorization. Such financial assistance, if any, shall be as provided in the Financial Assistance <br />Agreement and the BANs or Bonds of each series of BANs or Bonds issued hereunder(including <br />any modification made pursuant to the authorization in this paragraph to the form of Bond <br />otherwise contained herein). <br />SECTION V. Redemption of Bonds and BANs. (a) On and after the date <br />specified in the Bond Anticipation Note Agreement,the BANs are prepayable by the City,in whole <br />or in part, on any date, upon 30 days' notice to the owner of the BANs, with no premium. The <br />exact redemption features of the BANs shall be determined by the Controller with the advice of <br />the Municipal Advisor and shall be set out in the Bond Anticipation Note Agreement. <br />b) The Bonds may be made redeemable at the option of the City, in whole or <br />in part, in the order of maturity as determined by the City, and by lot within a maturity, on thirty <br />30) days' notice, at face value, with a premium no greater than 2%, plus accrued interest to the <br />date fixed for redemption. The exact redemption dates and premiums shall be established by the <br />Controller,with the advice of the Municipal Advisor,prior to the sale of the Bonds;provided, that <br />Bonds sold to the Authority as part of its IFA Program shall be redeemable not sooner than ten <br />10) years after their date of delivery and in inverse order of maturity on at least 60 days' notice; <br />provided, further, that if the Bonds are sold to the IFA Program and registered in the name of the <br />Authority, the Bonds shall not be redeemable at the option of the City unless and until consented <br />to by the Authority. <br />c) If any Bond is issued as a term bond, the Paying Agent shall credit against <br />the mandatory sinking fund requirement for the Bonds maturing as term bonds,and corresponding <br />mandatory redemption obligation,in the order determined by the City,any Bonds maturing as term <br />bonds which have previously been redeemed (otherwise than as a result of a previous mandatory <br />redemption requirement) or delivered to the Registrar for cancellation or purchased for <br />cancellation by the Paying Agent and not theretofore applied as a credit against any redemption <br />obligation. Each Bond maturing as a term bond so delivered or cancelled shall be credited by the <br />Paying Agent at 100% of the principal amount thereof against the mandatory sinking fund <br />obligation on such mandatory sinking fund date, and any excess of such amount shall be credited <br />on future redemption obligations, and the principal amount of the Bonds to be redeemed by <br />operation of the mandatory sinking fund requirement shall be accordingly reduced; provided, <br />however, the Paying Agent shall credit such Bonds maturing as term bonds only to the extent <br />received on or before forty-five (45) days preceding the applicable mandatory redemption date. <br />10-
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