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Ord 1983-078
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Ord 1983-078
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Last modified
9/10/2007 4:12:54 PM
Creation date
9/10/2007 4:12:54 PM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1983-78
Date
12/19/1983
Volume Book
63
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<br /> and every undertaking, covenant and condition on its part to be kept, <br /> observed and performed, contained in this Ordinance and in the <br /> ordinances authorizing the Outstanding Bonds and any Additional Bonds, <br /> and that it will prior to the maturity of each installment of interest <br /> and prior to the maturity of each Outstanding Bond Certificate, <br /> Addi tional Bond issued thereunder, make available at the pr incipal <br /> office of the Paying Agent/Registrar, but only from the Water and <br /> Sewer System Junior Lien Bond Fund, sufficient funds to promptly pay <br /> such principal and interest. <br /> (d) If and when the City from time to time shall issue <br /> Additional Bonds, the ordinance authorizing same shall provide: ( i) <br /> for payments of principal thereof on January 1 of the appropriate year <br /> or years and for payments of interest thereon on January 1 and July 1, <br /> (ii) for an identical FLOW OF FUNDS as prescribed by this Ordinance, <br /> (iii) that all revenues deposited in the special funds and accounts as <br /> created and established by this Ordinance shall be comingled, and (iv) <br /> for appropriate additional or larger payments to be made into said <br /> special funds and accounts so that the security of the Outstanding <br /> Bonds, Certificates and any Additional Bonds will not be impaired. <br /> (e) It will from time to time promptly pay and discharge all <br /> taxes, assessments, and other governmental charges, the lien of which <br /> would be prior to the lien hereof, lawfully imposed upon the System or <br /> any part thereof or upon the income and proceeds thereof, so that the <br /> lien of the Outstanding Bonds, Certificates or Additional Bonds, when <br /> issued, shall at all times be wholly preserved at the cost of the City <br /> and without expense to the holders thereof; provided, however, that <br /> nothing in this Section contained shall require the City to pay or <br /> discharge any such tax, assessment or governmental charge so long as <br /> the validity thereof be by it in good faith contested. <br /> Section 26. CONSTRUCTION ACCOUNT. The City shall establish in a <br /> depository bank a separate account or accounts (herein collectively <br /> called the "Construction Account") into which shall be deposited the <br /> proceeds from the sale of the Certificates (except accrued interest <br /> thereon) and the additional funds, if any, required to assure the <br /> payment of all project costs. Moneys in the Construction Account <br /> shall be expended only for the purposes for which the Certificates <br /> have been issued, until such purposes have been accomplished. <br /> Money in the Construction Account shall be secured by the <br /> depository bank in the manner prescribed by statutes relating to the <br /> securing of public funds. Where the moneys on deposit in the <br /> Construction Account exceed the estimated disbursements on account of <br /> the Project for the next 90 days, the City may direct the Depository <br /> Bank to invest said excess funds in direct obligations of, or <br /> obligations the principal of and interest on which are guaranteed by, <br /> the United States Government, which shall mature not later than the <br /> date on which such moneys are required for project costs. The earnings <br /> from any such investments shall be deposited in the Construction <br /> Account by the City. <br /> All moneys remaining in the Construction Account after all costs <br /> of the project have been paid shall be promptly used to the extent <br /> possible for the redemption of Certificates, and any residue shall be <br /> deposited in the account established for the payment of the principal <br /> and interest of the Certificates. <br /> Section 27. SURETY. The City covenants that each of its <br /> officials or employees having cus tody of funds of the System during <br /> acquisition, construction, development, and operation of the System, <br /> shall be bonded at all times in an amount at least equal to the total <br /> funds in his custody at anyone time. <br /> Section 28. ADDITIONAL DEFINITIONS. In addition to the terms <br /> defined in Section 11 of this Ordinance, the terms hereinafter set <br /> -16- <br />
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