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Ordinance 99-78
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Ordinance 99-78
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Last modified
7/20/2010 10:35:56 AM
Creation date
1/25/2006 4:40:53 PM
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CityClerk-Ordinances
Ordinance Number
99-78
Date (mm/dd/yyyy)
07/15/1999
Description
Utilities Tax Revenue Bond, Series 1999B, $1.4 Million (Pass
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<br />The 1999B Bond paid or redeemed, in whole, either at or before maturity, shall be <br />delivered to the Registrar when the payment or redemption is made, and such 1999B Bond shall <br />thereupon be promptly canceled. The 1999B Bond so canceled may at any time be destroyed by the <br />Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its <br />authorized officers describing the 1999B Bond, and one executed certificate shall be filed with the City <br />and the other executed certificate shall be retained by the Registrar (if not the City's Finance <br />Department). <br /> <br />SECTION 2.5 MUTll..ATED. DESTROYED. STOLEN ORWST 1999B <br />BOND. In case any 1999B Bond shall become mutilated, destroyed, stolen or lost, the City shall <br />execute and the Registrar shall authenticate and deliver a new 1999B Bond of like date, maturity and <br />denomination as the 1999B Bond so mutilated, destroyed, stolen or lost; provided that, in the case of <br />any mutilated 1999B Bond, such mutilated 1999B Bond shall first be surrendered to the City and, in <br />the case of any lost, stolen or destroyed 1999B Bond, there shall first be furnished to the City and the <br />Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory <br />to the City and the Registrar, together with indemnity satisfactory to them. In the event the 1999B <br />Bond shall be about to mature or have matured, instead of issuing a duplicate 1999B Bond, the City <br />may pay the same without surrender thereof The City and the Registrar (if not the City's Finance <br />Department) may charge the Owner of such 1999B Bond their reasonable fees and expenses in <br />connection with this transaction. Any 1999B Bond surrendered for replacement shall be canceled in <br />the same manner as provided in Section 2.4 hereof <br /> <br />Any such duplicate 1999B Bond issued pursuant to this Section shall constitute additional <br />contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 1999B <br />Bond be at any time found by anyone, and such duplicate 1999B Bond shall be entitled to equal <br />proportionate benefits and rights as to lien on the source and security for payment from Pledged <br />Revenues with the 1999B Bond issued hereunder. <br /> <br />SECTION 2.6 CONDmONS FOR ISSUANCE OF THE 1999B BOND. Prior to <br />the issuance of the 1999B Bond, the City shall comply with the following conditions: <br /> <br />(a) Deliver to the Bank a fully executed Tax Certificate; and <br /> <br />(b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed by <br />the City with the Internal Revenue Service; and <br /> <br />( c) Cause to be delivered to the Bank an opinion of Bond Counsel, who may be counsel to <br />the Bank, regarding, as the case may be, the due authorization, execution, delivery, validity and <br />enforceability of the 1999B Bond and the pledge of the Pledged Revenues therefor and the due <br />adoption of this Ordinance (enforceability of such instruments may be subject to standard bankruptcy <br />exceptions and the like) and the exclusion of interest on the 1999B Bond from gross income for federal <br />income tax purposes, that the 1999B Bond is not a specified "private activity bond" within the meaning <br />of Section 57(a)(5) of the Code and, therefore, the interest on the 1999B Bond will not be treated as a <br />preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the <br />Code (however, a portion of the interest on the 1999B Bond owned by corporations may be subject to <br /> <br />11 <br />
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