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Concerning Construction and the Installation of Extensions, Additions and Improvements to the Waterworks
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Concerning Construction and the Installation of Extensions, Additions and Improvements to the Waterworks
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3/3/2014 2:29:28 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/27/1965
Ord-Res Number
4801-65
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or damaged, or if not needed for that purpose, shall be deposited in the <br />Depreciation Accoiuit. <br />(e) So long as any of the bonds herein authorized are outstanding, <br />the City shall not mortgage, pledge or otherwise encumber its waterworks or <br />any part thereof, and shall not sell, lease or otherwise dispose of any portion <br />-thereof except such equipment which may become worn out or obsolete, and shall <br />be replaced, and except such real estate which shall no longer be necessary <br />for use:, nor shall. the City execute or issue any additional bonds or other <br />obligations pledging any portion of the revenues of said waterworks, except as <br />specifically provided in Sec. 9 of -this ordinance, unless the same be made <br />subordinate and junior in all respects to the bonds herein authorized, or unless <br />all of the bonds herein authorized are retired and cancelled coincidentally <br />with the delivery of such additional bonds or other obligations. <br />(f) The provisions of this ordinance shall be construed to create a <br />trust in the proceeds derived from the sale of the bonds herein authorized, for <br />the uses and purposes herein set forth, and so long as any of said bonds are <br />outstanding, the provisions of this ordinance shall also, be construed to create <br />a 'trust in the fixes proportion of the revenues of the waterworks herein <br />directed -to be set aoart and raid into the Bond and Interest Redemption Account <br />for the uses and purposes of said account as in this ordinance set: north. <br />(g) The provisions of this ordinance shall. constitute a contract by <br />and between -the Citv and the holders of the bonds herein authorized, all of <br />the terms of which shall be enforceable in law or in equity, and after the <br />issuance of the bonds this ordinance shall not be reneal.ed or amended in any <br />respect which will adversely affect the rights and interests of -the holders of <br />said bonds, nor shall the Common Council of the City adopt any law, ordinance or <br />resolution in any way adversely affecting the rights of such holders so, long as <br />any of -the bonds or the interest -thereon remain unpaid. The holders of the bonds <br />shall have all of the rights, remedies and privileges, either expressly set forth <br />in the provisions of Chanter 155 of the Acts of the Indiana General Assembly for <br />the year 1929, and all acts a;aendatory thereof and supplemental thereto, or <br />implied therein, including the right to compel the collection of sufficient <br />-17- <br />
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