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Ord 1995-047
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Ord 1995-047
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Last modified
6/26/2007 2:51:31 PM
Creation date
6/26/2007 2:51:31 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1995-47
Date
7/24/1995
Volume Book
120
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<br />53110 <br /> <br />.- <br /> <br />in existence as of the Closing Date and stating whether there are any facts, estimates or circumstances <br />that would materially change the City's current expectations. <br /> <br />(g) The covenants and representations made or required by this Section are for the benefit <br />of the Owners and may be relied upon by the Owners and Bond Counsel for the City. <br /> <br />ARTICLE XI <br /> <br />DEFAULT Al'ID RENfEDIES <br /> <br />Section 11.01. Events of Default. <br /> <br />Each of the following occurrences or events for the purpose of this Ordinance is hereby <br />declared to be an "Event of Default," to-wit: <br /> <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 /> <br />(ii) default in the performance or observance of any other covenant, agreement <br />or obligation of the City, the failure to perform which materially, adversely affects the rights <br />of the Owners, including but not limited to, their prospect or ability to be repaid in accordance <br />with this Ordinance, and the continuation thereof for a period of 60 d4iYs after notice of such <br />default is given 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 <br />proceed against the City for the purpose of protecting and enforcing the rights of the Owners under <br />this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any <br />court of competent jurisdiction, for any relief permitted by law, including the specific performance <br />of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be <br />unlawful or in violation of any right of 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 <br />available remedy or remedies, but each and every such remedy shall be cumulative and shall be in <br />addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at <br />law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the <br /> <br />R.:\SA..'-'MAA\WWSSlU.9J'OOCS'lORDNCE..021.", t.E=' <br /> <br />36 <br />
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