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Ordinance 2010-348
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Ordinance 2010-348
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Last modified
9/30/2010 10:48:12 AM
Creation date
9/30/2010 10:48:02 AM
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CityClerk-Ordinances
Ordinance Number
2010-348
Date (mm/dd/yyyy)
07/27/2010
Description
$3.5 Million Loan from BB&T/Stormwater Utility Revenue Bond, Series 2010
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<br />have happened and have been performed in regular and due form and time as required by <br />the laws and Constitution of the State of Florida and the Charter of the City applicable <br />thereto, and that the issuance of this Bond, is in full compliance with all constitutional or <br />statutory limitations or provisions. <br /> <br />This Bond shall not be valid or become obligatory for any purpose or be entitled <br />to any security or benefit under the Ordinance until the certificate of authentication <br />hereon shall have been signed by an authorized officer of the Registrar. <br /> <br />Except in the event of a Determination of Taxability (as defined in the Ordinance) <br />or as hereinafter described, this Bond shall bear interest at the Interest Rate set forth <br />above. Any amount due under this Bond not paid when due shall bear interest at a <br />default rate equal to the interest rate on this Bond plus 20% per annum from and after <br />five (5) days after the due date, as set forth in Section 2.7 of the Ordinance. Upon the <br />occurrence of a Determination of Taxability, this Bond shall bear interest as set forth in <br />Section 2.7 of the Ordinance. The City shall pay principal of, sometimes referred to <br />herein as "amortization installments", and interest payments on this Bond on each <br />Payment Date, commencing November 1, 2010, as set forth in Schedule A to this Bond. <br />All previously unpaid principal of the 2010 Bond and all previously accrued and unpaid <br />interest on the 20 I 0 Bond shall be payable on the Maturity Date. <br /> <br />The principal of and interest on this Bond shall be secured solely by and payable <br />from the Pledged Revenues (as defined in the Ordinance) and by a covenant by the City <br />to appropriate in its annual budget, by amendment, if necessary, from Non-Ad Valorem <br />Revenues (as defined in the Ordinance) lawfully available in each Fiscal Year (as defined <br />in the Ordinance), amounts sufficient to pay the principal of and interest due on this Bond <br />in accordance with its terms during such Fiscal Year. <br /> <br />The City may prepay this Bond in whole, but not in part, on any Payment Date by <br />paying to the registered holder all of the principal amount of this Bond, together with the <br />unpaid interest accrued thereon, plus a premium of I % of the principal amount being <br />prepaid. <br /> <br />In addition, the City may apply unspent proceeds of this Bond to prepay this Bond <br />in part on any Payment Date by paying to the registered holder the principal amount of <br />this Bond to be so prepaid, together with the unpaid interest accrued thereon, without <br />premium or penalty, provided however that the City may exercise the right of prepayment <br />set forth in this paragraph no more than one time. <br /> <br />Each prepayment shall be made on such date and in such principal amount as <br />shall be permitted under this Ordinance and specified by the City in a written notice <br />delivered to the registered owner not less than ten (10) days prior thereto. If such <br />prepayment shall be for only a portion of the unpaid principal balance of this Bond, such <br />prepayment shall be applied against the obligation of the City to pay future amortization <br />installments on this Bond in the inverse order in which such amortization installments <br />shall become due. Notice having been given as aforesaid, the principal amount stated in <br />such notice shall become due and payable on the prepayment date stated in such notice; <br /> <br />Auth. the Issuance of a Stormwater Utility Rev. Bond 2 <br />Series 2010 $3,500,000 <br />MIA 181,312,776v4 7-8-10 <br />
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