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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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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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to be finalized and set forth in the Financial Assistance Agreement. The Bonds will be payable <br />solely out of and constitute a first charge against the Net Revenues (as hereinafter defined) of the <br />City's Waterworks, inclusive of System Development Charges (as hereinafter defined), on parity <br />with the Prior Bonds. <br />All or a portion of the Bonds may be issued as one or more term bonds, upon election of <br />the purchaser thereof. Such term bonds shall have a stated maturity or maturities consistent with <br />the maturity schedule determined in accordance with the preceding paragraph, in the years as <br />determined by the purchaser thereof, but in no event later than the last serial maturity date of the <br />Bonds as determined in the preceding paragraph. The term bonds shall be subject to mandatory <br />sinking fund redemption and final payment(s)at maturity at 100%of the principal amount thereof, <br />plus accrued interest to the redemption date, on principal payment dates which are hereafter <br />determined in accordance with the preceding paragraph. <br />Each series of Bonds shall rank on a parity basis with any other series issued hereunder <br />and the Prior Bonds for all purposes, including the pledge of Net Revenues under this Ordinance. <br />Interest on the Bonds and BANs shall be calculated according to a 360-day calendar year <br />containing twelve 30-day months (or on the basis of a 365-day year, if required by the Purchaser <br />of the Bonds). <br />SECTION IV. Registrar and Paying Agent; Book-entry Provisions. (a) The <br />Controller is hereby authorized to contract with a qualified financial institution to serve as <br />Registrar and Paying Agent for the Bonds ("Registrar" or "Paying Agent"). The Registrar is <br />hereby charged with the responsibility of authenticating the Bonds. The Controller is hereby <br />authorized to enter into such agreements or understandings with the Registrar as will enable the <br />institution to perform the services required of a registrar and paying agent. The Controller is <br />further authorized to pay such fees as the Registrar may charge for the services it provides as <br />Registrar and Paying Agent, and such fees may be paid from the Waterworks Sinking Fund <br />established to pay the principal of and interest on the Bonds as fiscal agency charges. <br />As to the BANs and as to the Bonds, if the purchaser does not object to such designation, <br />the Controller may serve as Registrar and Paying Agent, and in that case, is hereby charged with <br />the performance of all duties and responsibilities of Registrar and Paying Agent. <br />b) If the BANs or Bonds are sold to the Authority as part of its IFA Program, <br />the principal of and interest thereon shall be paid by wire transfer to such financial institution if <br />and as directed by the Authority on the due date of such payment or, if such due date is a day when <br />financial institutions are not open for business, on the business day immediately after such due <br />date. So long as the Authority as part of its IFA Program is the owner of the BANs or the Bonds, <br />such BANs or Bonds shall be presented for payment as directed by the Authority. <br />c) If the BANs or Bonds are not sold to the Authority as part of its IFA <br />Program or if wire transfer payment is not required, the principal of the Bonds and the principal <br />and interest on the BANs shall be payable at the principal (or designated) corporate trust office of <br />the Paying Agent. All payments of interest on the Bonds shall be paid by check mailed to the <br />registered owners thereof, as of the fifteenth day of the month preceding each interest payment <br />date ("Record Date"), at the addresses as they appear on the registration books kept by the <br />6 -
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