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• (g) Investments of moneys in all funds shall be valued in terms of current market <br /> value as of the last day of each year, except that direct obligations of the United States(State and <br /> Local Government Series) in book entry form shall be continuously valued at par or face <br /> principal amount. <br /> Certain Covenants. The City covenants that: (a) it will not take, suffer or permit any action <br /> which may cause the interest payable on the Bonds to be included in gross income for federal <br /> income tax purposes, including any use of proceeds of the sale of the Bonds or Tax receipts <br /> directly or indirectly in such manner as to cause the Bonds to be treated as "arbitrage bonds" <br /> within the meaning of Section 148 of the Code. <br /> (b) It will not use or permit the use of the Improvements or the proceeds of the Bonds <br /> in such manner as to cause the Bonds to be private activity bonds within the meaning of Section <br /> 141 of the Code. <br /> (c) It will faithfully and punctually perform all duties with reference to the Taxes and <br /> the Bonds, required by the Constitution and laws of the State and by the Authorizing Ordinance, <br /> including the collection of the Taxes, as therein specified and covenanted, the segregating of the <br /> Tax receipts and the applying of the Tax receipts as provided in the Authorizing Ordinance. <br /> (d) It will make any arbitrage rebatepayments due the United States under Section <br /> 148(f) of the Code from moneys in the Bond Fund. <br /> Defaults and Remedies. (a) If there be any default in the payment of the principal of and interest <br /> on the Bonds, if the City defaults in the performance of any covenant contained in the <br /> Authorizing Ordinance or if the City declares bankruptcy, the Trustee may, and upon the written <br /> request of the owners of not less than 10% in principal amount of the Bonds then outstanding <br /> • shall, by proper suit compel the performance of the duties of the officials of the City and officials <br /> of the State, under the Authorizing Ordinance, to take any action or obtain any proper relief in <br /> law or equity available under the Constitution and laws of the State. <br /> (b) No owner of any Bond shall have any right to institute any suit, action, mandamus <br /> or other proceeding in equity or in law for the protection or enforcement of any right under the <br /> Authorizing Ordinance or under the Constitution and laws of the State unless such owner <br /> previously shall have given to the Trustee written notice of the default on account of which such <br /> suit, action or proceeding is to be taken, and unless the owners of not less than 10% in principal <br /> amount of the Bonds then outstanding shall have made written request of the Trustee after the <br /> right to exercise such powers or right of action, as the case may be, shall have accrued, and shall <br /> have afforded the Trustee a reasonable opportunity either to proceed to exercise the powers <br /> herein granted or granted by the Constitution and laws of the State, or to institute such action, <br /> suit or proceeding in its name, and unless, also, there shall have been offered to the Trustee <br /> reasonable security and indemnity against the cost, expense and liabilities to be incurred therein <br /> or thereby and the Trustee shall have refused or neglected to comply with such request within a <br /> reasonable time, and such notification, request and offer of indemnity are in every such case, at <br /> the option of the Trustee, to be conditions precedent to the execution of the powers and trust of <br /> the Authorizing Ordinance or to any other remedy thereunder. No one or more owners of the <br /> Bonds shall have any right in any manner whatever by his or their action to affect, disturb or <br /> prejudice the security of the Authorizing Ordinance, or to enforce any right thereunder except in <br /> the manner therein provided, that all proceedings at law or in equity shall be instituted, had and <br /> maintained in the manner therein provided and for the benefit of all owners of the outstanding <br /> Bonds, and any individual rights of action or other right given to one or more of such owners by <br /> law are restricted by the Authorizing Ordinance to the rights and remedies therein detailed. <br /> (c) All rights of action under the Authorizing Ordinance or under any of the Bonds <br /> secured thereby, enforceable by the Trustee, may be enforced by it without the possession of any <br /> • of the Bonds, and any such suit, action or proceeding instituted by the Trustee shall be brought in <br /> 15 <br />