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2012-06-01
CITY-OF-BATESVILLE
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2012-06-01
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manner that the money required to be expended from any fund will be available at the proper <br /> • time or times. <br /> (g) Investments of moneys in all funds shall be valued in terms of current <br /> market value as of the last day of each year, except that direct obligations of the United States <br /> (State and Local Government Series) in book-entry form shall be continuously valued at par or <br /> face principal amount. <br /> Section 17. In the event the office of Mayor, City Clerk or City Treasurer <br /> shall be abolished or any two or more of such offices shall be merged or consolidated or in the <br /> event the duties of a particular office shall be transferred to another office or offices, or in the <br /> event of a vacancy in any such office by reason of death, resignation, removal from office or <br /> otherwise, or in the event any such officer shall become incapable of performing the duties of his <br /> office by reason of sickness, absence from the City or otherwise, all powers conferred and all <br /> obligations and duties imposed upon such office or officer shall be performed by the office or <br /> officers succeeding to the principal functions thereof, or by the office or officer upon whom such <br /> powers, obligations and duties shall be imposed by law. <br /> Section 18. The Citizens Bank, Batesville, Arkansas is hereby appointed to <br /> act as Trustee and Paying Agent pursuant to this Ordinance. The Trustee shall be responsible for <br /> the exercise of good faith and reasonable prudence in the execution of its trusts. The recitals in <br /> this Ordinance and in the bonds are the recitals of the City and not of the Trustee. The Trustee <br /> shall not be required to take any action as Trustee unless it shall have been requested to do so in <br /> • writing by the owners of not less than 10% in principal amount of bonds then outstanding and <br /> shall have been offered reasonable security and indemnity against the costs, expenses and <br /> liabilities to be incurred therein or thereby. The Trustee may resign by giving 60 days' notice in <br /> writing to the City and the owners of the bonds. The majority in principal amount of the owners <br /> of the outstanding bonds or the City, so long as the City is not in default under this Ordinance, at <br /> any time, with or without cause, may remove the Trustee. In the event of a vacancy in the office <br /> of Trustee, the City shall forthwith designate a new Trustee by a written instrument filed in the <br /> office of the City Clerk. The new Trustee shall be a bank or a trust company duly authorized to <br /> exercise trust powers and subject to examination by federal or state authority, having a reported <br /> capital and surplus of not less than $5,000,000. The Trustee and any successor Trustee shall file <br /> a written acceptance and agreement to execute the trusts imposed upon it by this Ordinance, but <br /> only upon the terms and conditions set forth in this Ordinance and subject to the provisions of <br /> this Ordinance, to all of which the respective owners of the bonds agree. Such written <br /> acceptance shall be filed with the City Clerk and a copy thereof shall be placed in the bond <br /> transcript. Any successor Trustee shall have all the powers herein granted to the original <br /> Trustee. The Trustee's resignation shall take effect upon the acceptance of the trusts by the <br /> successor Trustee. <br /> Section 19. (a) The terms of this Ordinance shall constitute a contract between <br /> the City and the owners of the bonds and no variation or change in the undertaking herein set <br /> forth shall be made while any of the bonds are outstanding, except as hereinafter set forth in <br /> subsections (b) and (c). <br /> • <br /> 19 <br />
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