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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Last modified
5/15/2009 1:50:10 PM
Creation date
11/21/2008 3:58:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/28/2000
Ord-Res Number
9095-00
Bill Number
23-00
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Project and the issuance of the Bonds and no additional approvals or consents are <br />required to be obtained from the Commission related thereto. <br />(c) The Qualified Entity has full power and authority to adopt the Authorizing <br />Instrument, enter into this Agreement and issue the Bonds and perform its obligations <br />hereunder and thereunder. <br />(d) By all required action, the Qualified Entity has duly adopted the <br />Authorizing Instrument and authorized the execution and delivery of this Agreement, <br />the Bonds and all other papers delivered in connection herewith. <br />(e) Neither the execution of, nor the consummation of the transaction <br />contemplated by, this Agreement nor the compliance with the terms and conditions of <br />any other paper referred to herein, shall conflict with, result in a breach of or constitute <br />a default under, any indenture, mortgage, lease, agreement or instrument to which the <br />Qualified Entity is a party or by which the Qualified Entity or its property, including <br />the Drinking Water System, is bound or any law, regulation, order, writ, injunction or <br />decree of any court or governmental agency or instrumentality having jurisdiction. <br />(f) There is no litigation pending or, to the knowledge of the Qualified Entity, <br />upon investigation, threatened that (1) challenges or questions the validity or binding <br />effect of this Agreement, the Authorizing Instrument or the Bonds or the authority or <br />ability of the Qualified Entity to execute and deliver this Agreement or the Bonds and <br />perform its obligations hereunder or thereunder or (2) would, if adversely determined, <br />- have a significant adverse effect on the ability of the Qualified Entiry to meet its <br />obligations under this Agreement, the Authorizing Instrument or the Bonds. <br />(g) The Qualified Entity has not at any time failed to pay when due interest or <br />principal on, and it is not now in default under, any warrant or other evidence of <br />obligation or indebtedness of the Qualified Entity. <br />(h) All information furnished by the Qualified Entity to the State or any of the <br />persons representing the State in connection with the Loan or the Project is accurate <br />and complete in all material respects. <br />(i) The Qualified Entity has taken or will take all proceedings required by law <br />to enable it to issue and sell the Bonds as contemplated by this Agreement. <br />Each of the foregoing representations and warranties will be deemed to have been made <br />by the Qualified Entity as of the date of this Agreement and as of the date of any disbursement <br />of Loan proceeds. Each of the foregoing representations and warranties shall survive the'Loan <br />disbursements regardless of any investigation or investigations the State may have undertaken. <br />Section 3.04. ('ovenants Regarding Assignment. The Qualified Entity acknowledges <br />that the State may direct the Bond Bank to sell or- assign the Bonds, and certain of its rights <br />a3osas 13 <br />
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