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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 />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 this <br />Ordinance, either at law or in equity, by suit, action, mandamus or other proceeding in any court of <br />competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or <br />granted and contained in this Ordinance, and may enforce and compel the performance of all duties <br />required by this Ordinance, or by any applicable statutes to be performed by the City or by any officer <br />thereof The City hereby agrees with the Bondholder that the filing of any bankruptcy or insolvency <br />under any federal or state law by or against the City which is not dismissed with prejudice within 30 <br />days of such filing shall give the Bondholder the right to exercise any of the remedies provided to them <br />under this Section 3.4. <br /> <br />SECTION 3.5 APPLICATION OF 1999B BOND PROCEEDS. The proceeds of <br />the 1999B Bond shall be used to provide permanent financing for the costs of the 1999B Project, <br />including the payment of costs associated with the issuance of the 1999B Bond. <br /> <br />SECTION 3.6 DISCHARGE AND SATISFACTION OF 1999B BOND. The <br />covenants, liens and pledges entered into, created or imposed pursuant to this Ordinance may be fully <br />discharged and satisfied with respect to the 1999B Bond in anyone or more of the following ways: <br /> <br />(a) by paying in full the principal of and interest on the 1999B 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 />1999B Bond and all interest thereon as the same become due on said 1999B Bond on or prior to the <br />maturity date thereof; or <br /> <br />( c) by depositing in the Debt Service Fund or such other accounts as the City may <br />hereafter create and establish by ordinance(which Debt Service Fund or other account and all moneys <br />and securities deposited therein shall be irrevocably pledged to the Bondholders for the payment of the <br />1999B Bond and all interest thereon) moneys which, when invested in Defeasance Obligations, will <br />provide moneys which shall be sufficient to pay the 1999B Bond and, all interest thereon as the same <br />shall become due on said 1999B Bond on or prior to the Maturity Date thereof Upon such payment <br />or deposit in the amount and manner provided in this Section 3.6, the 1999B Bond shall no longer be <br />deemed to be outstanding for the purposes of this Ordinance and all liability of the City with respect to <br />the 1999B Bond shall cease, terminate and be completely discharged and extinguished, and the <br />Bondholders shall be entitled for payment solely out of the moneys or securities so deposited. <br /> <br />SECTION 3.8 ADDmONAL OBLIGATIONS. The City covenants with the Bank <br />that, as long as the 1999B Bond issued under this Ordinance is outstanding and the Bank is the <br />registered owner thereof, without the prior written consent of the Bank, the City shall not issue any <br />Parity Obligations or any obligation secured by a lien on the Pledged Revenues that is senior to the lien <br />on the Pledged Revenues created by this Ordinance in favor of the 1999B Bond. <br /> <br />ARTICLE IV <br /> <br />17 <br />
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