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Ord 2002-054
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Ord 2002-054
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Last modified
9/18/2007 4:20:46 PM
Creation date
6/26/2006 4:41:53 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2002-54
Date
8/12/2002
Volume Book
148
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<br />(ii) Amounts in respect of Policy Costs paid to Financial Security shall be credited first <br />to interest due, then to the expenses due and then to principal due. As and to the extent that <br />payments are made to Financial Security on account of principal due, the coverage under the Surety <br />Policy will be increased by a like amount, subject to the terms of the Surety Policy. <br /> <br />(iii) All cash and investments in the debt service reserve fund established for the Bonds <br />(the "Reserve Fund") shall be transferred to the debt service fund for payment of debt service on <br />Bonds before any drawing may be made on the Surety Policy or any other credit facility credited to <br />the Surety Policy Fund in lieu of cash ("Credit Facility"). Payment of any Policy Costs shall be <br />made prior to replenishment of any such cash amounts. Draws on all Credit Facilities (including the <br />Surety Policy) on which there is available coverage shall be made on a pro-rata basis (calculated by <br />reference to the coverage then available thereunder) after applying all available cash and investments <br />in the Reserve Fund. Payment of Policy Costs and reimbursement of amounts with respect to other <br />Credit Facilities shall be made on a pro-rata basis prior to replenishment of any cash drawn from the <br />Reserve Fund. <br /> <br />(b) If the City shall fail to pay any Policy Costs in accordance with the requirements of <br />Paragraph (a) hereof, Financial Security shall be entitled to exercise any and all legal and equitable remedies <br />available to it, including those provided under the Ordinance other than (i) acceleration of the maturity of <br />the Bonds or (ii) remedies which would adversely affect owners of the Bonds. <br /> <br />(c) This Ordinance shall not be discharged until all Policy Costs owing to Financial Security <br />shall have been paid in full. The City's obligation to pay such amounts shall expressly survive payment in <br />full of the Bonds. <br /> <br />(d) Financial Security shall not have the right to demand payment of Policy Costs out offunds <br />of the City raised or to be raised by taxation. <br /> <br />ARTICLE XV <br /> <br />REDEMPTION OF REFUNDED BONDS; <br />DISPOSITION OF RESERVE FUND <br /> <br />Section 15.01. Redemption of Refunded Bonds. <br /> <br />The Refunded Bonds are hereby called for redemption prior to maturity as set forth on Schedule I, <br />at a redemption price equal to the principal amount thereof so redeemed plus accrued interest to the date of <br />redemption. Interest on the Refunded Bonds shall cease to accrue on the date of redemption thereof. <br /> <br />Section 15.02. Notices of Redemption. <br /> <br />Notices of redemption of the Refunded Bonds shall be given in the manner and within the times <br />required by the ordinances authorizing the issuance thereof. The City Clerk is hereby authorized and directed <br />to take all such actions as may be necessary to accomplish the timely giving of such notices of redemption. <br /> <br />R:ISan MarcoslEUS Rfdg021DocslOrdinancelFinal.wpd <br /> <br />43 <br />
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