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Ord 2000-011
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Ord 2000-011
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Last modified
9/18/2007 4:21:32 PM
Creation date
7/19/2006 1:56:28 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2000-11
Date
2/14/2000
Volume Book
139
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<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 of the <br />Owners, including but not limited to, their prospect or ability to be repaid in accordance with this <br />Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given <br />by any Owner to the City. <br /> <br />Section 11.02. Remedies for Default. <br /> <br />(a) Upon the happening of any Event of Default, then and in every case any Owner or an <br />authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed <br />against the City for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, <br />by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent <br />jurisdiction, for any relief 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 of any right of <br />the Owners hereunder or any combination of such remedies. <br /> <br />(b) It is provided that all such proceedings shall be instituted and maintained for the equal <br />benefit of all Owners of Bonds then outstanding. <br /> <br />Section 11.03. Remedies Not Exclusive. <br /> <br />(a) No remedy herein conferred or reserved is intended to be exclusive of any other available <br />remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every <br />other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, <br />however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt <br />evidenced by the Bonds shall not be available as a remedy under this Ordinance. <br /> <br />(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of <br />any other available remedy. <br /> <br />ARTICLE XII <br /> <br />DISCHARGE AND DEFEASANCE <br /> <br />Section 12.01. Discharge and Defeasance bv Payment. <br /> <br />When any Bond or Bonds shall have been paid in full as to principal and interest, or when any Bond <br />or Bonds shall have become due and payable, whether at maturity or otherwise, and the City shall have <br />provided for the payment of the entire amount due or to become due on such Bond or Bonds by depositing <br />with the Paying Agent/Registrar, for payment of such Bond or Bonds then outstanding, the entire amount <br />due or to become due thereon, and the City shall also have paid or caused to be paid all sums payable with <br />respect to such Bond or Bonds under this Ordinance, and shall have made proper arrangements for payment <br />of the compensation due or to become due the Paying Agent/Registrar with respect to such Bond or Bonds, <br />then the Bond or Bonds thus paid or for which provision for payment is thus made shall be deemed paid and <br />retired and shall no longer be regarded as outstanding and unpaid, and the Paying Agent/Registrar, upon <br />receipt of a letter of instructions from the City requesting the same, shall discharge and release the lien of <br />this Ordinance with respect to such Bond or Bonds and execute and deliver to the City such releases or other <br />instruments as shall be requisite to release the lien hereof. <br /> <br />Section 12.02. Discharge and Defeasance by Deposit. <br /> <br />R:\SANMAR\WWSS.OO\DOCSlFinal\ORDWWSS. WPD <br /> <br />34 <br />
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