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Ord 2021-058/authorizing the issuance of General Obligation Bonds Series 2021
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Ord 2021-058/authorizing the issuance of General Obligation Bonds Series 2021
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Last modified
10/8/2021 3:47:05 PM
Creation date
10/8/2021 3:33:17 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2021-58
Date
8/3/2021
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(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section <br />shall be irrevocable for a period of six months from the date of the publication of the notice provided <br />for in this Section, and shall be conclusive and binding upon all future holders of the same Bond <br />during such period. Such consent may be revoked at any time after six months from the date of the <br />publication of said notice by the holder who gave such consent, or by a successor in title, by filing <br />notice with the City, but such revocation shall not be effective if the holders of 51% in aggregate <br />principal amount of the affected Bonds then outstanding, have, prior to the attempted revocation, <br />consented to and approved the amendment. <br />Section 17.DEFAULT AND REMEDIES. <br />(a) Events of Default. Each of the following occurrences or events for the purpose of this <br />Ordinance is hereby declared to be an Event of Default: <br />(i) the failure to make payment of the principal of or interest on any of the Bonds <br />when the same becomes due and payable; or <br />(ii) default in the performance or observance of any other covenant, agreement or <br />obligation of the City, the failure to perform which materially, adversely affects the rights <br />of the Registered Owners of the Bonds, including, but not limited to, their prospect or ability <br />to be repaid in accordance with this Ordinance, and the continuation thereof for a period of <br />60 days after notice of such default is given by any Registered Owner to the City. <br />(b) Remedies for Default. <br />(i) Upon the happening of any Event of Default, then and in every case, any <br />Registered Owner or an authorized representative thereof, including, but not limited to, a <br />trustee or trustees therefor, may proceed against the City, or any official, officer or employee <br />of the City in their official capacity, for the purpose of protecting and enforcing the rights <br />of the Registered Owners under this Ordinance, by mandamus or other suit, action or special <br />proceeding in equity or at law, in any court of competent jurisdiction, for any relief <br />permitted by law, including the specific performance of any covenant or agreement <br />contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation <br />of any right of the Registered Owners hereunder or any combination of such remedies. <br />(ii) It is provided that all such proceedings shall be instituted and maintained for <br />the equal benefit of all Registered Owners of Bonds then outstanding. <br />(c) Remedies Not Exclusive. <br />(i) No remedy herein conferred or reserved is intended to be exclusive of any other <br />available remedy or remedies, but each and every such remedy shall be cumulative and shall <br />be in addition to every other remedy given hereunder or under the Bonds or now or hereafter <br />existing at law or in equity; provided, however, that notwithstanding any other provision of <br />26 <br />SANMARCOS GOB 2021: OrdinanceGOB <br /> <br />
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