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Ordinance 99-72
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Ordinance 99-72
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Last modified
7/20/2010 10:35:55 AM
Creation date
1/25/2006 4:40:52 PM
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CityClerk-Ordinances
Ordinance Number
99-72
Date (mm/dd/yyyy)
06/17/1999
Description
Utilities Tax Revenue Bond, Series 1999, $1 Million (Recreat
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<br />Utilities Tax as shall become delinquent to the full extent permitted or authorized by law, and will <br />maintain accurate records with respect thereof. <br /> <br />(I) Budget and Other Financial Information. The City shall provide the Bank with a <br />copy of its audited general purpose financial statements within 120 days of the close of each fiscal <br />year during which the 1999 Bond shall remain outstanding. The City Manager or the Finance <br />Director shall also certify to the Bank at that time that the City is not then in default of its <br />obligations under this Ordinance or the 1999 Bond, or, if the City shall then be in default, shall <br />explain in writing the nature of such default, the steps being taken by the City to cure such default <br />and the estimated time by which such default will be cured. The City shall also provide the Bank <br />with unaudited financial statements not less often than semiannually. Such unaudited statements <br />shall be deliyered to the Bank within 30 days after the fiscal period covered by such statements. <br />The City shall demonstrate in each annual budget that there are sufficient proceeds of the Utilities <br />Tax to pay the principal of and interest on the 1999 Bond coming due in the fiscal year covered by <br />such annual budget. The City shall provide the Bank with a copy of its approved annual budget <br />within 30 days after the final adoption thereof and with such other financial information regarding <br />the City as the Bank may reasonably request. <br /> <br />SECTION 3.4 REMEDIES OF BONDHOLDER. Should the City default in any <br />obligation created by this Ordinance, the Bondholder may, in addition to any remedy set forth in <br />this Ordinance, either at law or in equity, by suit, action, mandamus or other proceeding in any <br />court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of <br />Florida, or granted and contained in this Ordinance, and may enforce and compel the performance <br />of all duties required by this Ordinance, or by any applicable statutes to be performed by the City or <br />by any officer thereof. The City hereby agrees with the Bondholder that the filing of any <br />bankruptcy or insolvency under any federal or state law by or against the City which is not <br />dismissed with prejudice within 30 days of such filing shall give the Bondholder the right to <br />exercise any of the remedies provided to them under this Section 3.4. <br /> <br />SECTION 3.5 APPLICATION OF 1999 BOND PROCEEDS. The proceeds of <br />the 1999 Bond shall be used to provide permanent financing for the costs of the 1999 Project, <br />including the payment of costs associated with the issuance of the 1999 Bond. <br /> <br />SECTION 3.6 DISCHARGE AND SATISFACTION OF 1999 BOND. The <br />covenants, liens and pledges entered into, created or imposed pursuant to this Ordinance may be <br />fully discharged and satisfied with respect to the 1999 Bond in anyone or more of the following <br />ways: <br /> <br />(a) by paying in full the principal of and interest on the 1999 Bond when the same shall <br />become due and payable; or <br /> <br />(b) by depositing in the Debt Service Fund or such other accounts as the City may <br />hereafter create and establish by ordinance moneys sufficient at the time of such deposit to pay the <br />1999 Bond and all interest thereon as the same become due on said 1999 Bond on or prior to the <br />maturity date thereof; or <br /> <br />16 <br />
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