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Authorizing issuance of Revenue Bonds for such purpose not to exceed $6,000,000; Improvements to Municipal Waterworks
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Authorizing issuance of Revenue Bonds for such purpose not to exceed $6,000,000; Improvements to Municipal Waterworks
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Last modified
5/20/2009 2:39:29 PM
Creation date
9/8/2008 4:36:29 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/27/2001
Ord-Res Number
9247-01
Bill Number
68-01
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and subordinate in all respects to the 2001 Bonds, unless all of the 2001 Bonds are <br />defeased, redeemed or retired coincidentally with the delivery of such additional <br />bonds or other obligations. Such subordinate obligations shall be subject to the <br />provisions of Section 20(d). <br />(e) The provisions of this Ordinance shall constitute a contract by and <br />between the City and the owners of the 2001 Bonds, all the terms of which shall be <br />enforceable by any such owner by any and all appropriate proceedings in law or in <br />equity. After the issuance of the 2001 Bonds and so long as any of the principal <br />thereof or interest or premium, if any, thereon remains unpaid, except as expressly <br />provided herein, this Ordinance shall not be repealed or amended in any respect which <br />will adversely affect the rights of such owners, nor shall the Council or any other body <br />of the City adopt any law, ordinance or resolution which in any way adversely affects <br />the rights of such owners. <br />(f) The provisions of this Ordinance shall be construed to create a trust <br />in the proceeds of the sale of the 2001 Bonds for the uses and purposes herein set <br />forth, and the owners of the 2001 Bonds shall retain a lien on such proceeds until the <br />same are applied in accordance with the provisions of this Ordinance and the Act. <br />The provisions of this Ordinance shall also be construed to create a trust in the Net <br />Revenues herein directed to be set apart and paid into the Sinking Fund for the uses <br />and purposes of that Fund as set forth in this Ordinance. The owners of the 2001 <br />Bonds shall have all the rights, remedies and privileges set forth in the Act. <br />SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and <br />provisions contained in this section and Sections 21 and 23, the owners of not less than sixty-six and <br />two-thirds percent (66 2/3%) in aggregate principal amount of the 2001 Bonds and then outstanding <br />shall have the right, from time to time, to consent to and approve the adoption by the Council of such <br />ordinance or ordinances supplemental hereto, as shall be deemed necessary or desirable by the City <br />for the purpose of amending in any particular any of the terms or provisions contained in this <br />Ordinance, or in any supplemental Ordinance; provided, however, that nothing herein contained shall <br />permit or be construed as permitting: <br />(a) An extension ofthe maturity ofthe principal of or interest or premium, <br />if any, on any 2001 Bond or an advancement of the earliest redemption date on any <br />2001 Bond, without the consent of the holder of each 2001 Bond so affected; or <br />(b) A reduction in the principal amount of any 2001 Bond or the <br />redemption premium or the rate of interest thereon, or a change in the monetary <br />medium in which such amounts are payable, without the consent ofthe holder of each <br />2001 Bond so affected; or <br />(c) The creation of a lien upon or a pledge of the Net Revenues ranking <br />prior to the pledge thereof created by this Ordinance, without the consent of the <br />holders of a112001 Bonds then outstanding; or <br />-23- <br />
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