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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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Section 11. The principal and interest installments shall be prepayable prior to <br /> maturity as provided in the bond form in Section 4 hereof <br /> Section 12. The City shall not issue or attempt to issue any additional obligations <br /> having or claimed to be entitled to a lien on or pledge of the Pledged Revenues. <br /> Section 13. It is covenanted by the City with the Bondholder and the Commission <br /> that it will faithfully and punctually perform all duties with reference to the Tax required by the <br /> Constitution and laws of the State and by this Ordinance, including, without limitation, the <br /> collection of the Tax and applying the Pledged Revenues to the respective funds maintained <br /> pursuant to this Ordinance. <br /> If there be any default in the payment of the principal of or interest on the bond, or <br /> if the City defaults in any ADFA Bond Fund requirement or in the performance of any of the other <br /> covenants contained in this Ordinance, the Bondholder may, by proper suit, compel the <br /> performance of the duties of the officials of the City under the laws of the State. No remedy herein <br /> conferred upon or reserved to the Bondholder is intended to be exclusive of any other remedy or <br /> remedies herein provided or provided by law,and every such remedy shall be cumulative and shall <br /> be in addition to every other remedy given hereunder or given by law. No delay or omission of <br /> the Bondholder to exercise any right or power accrued upon any default shall impair any such right <br /> or power or shall be construed to be a waiver of any default or an acquiescence therein; and every <br /> power and remedy given by this Ordinance to the Bondholder may be exercised from time to time <br /> and as often as may be deemed expedient. <br /> No waiver of any default shall extend to or affect any other existing or any <br /> subsequent default or defaults or impair any rights or remedies consequent thereon. Any costs of <br /> enforcement of the bond or of any provision of this Ordinance, including reasonable attorney's <br /> fees, shall be paid by the City. The Authority may enforce all rights and exercise all remedies <br /> available to the Bondholder in the event the Servicing Fee is not paid when due. <br /> Section 14. When the bond has been executed and sealed as herein provided, it <br /> shall be delivered to the Bondholder upon payment of all or a portion of the purchase price in <br /> accordance with the Agreement. <br /> The sale proceeds shall be deposited, as and when received, into a special fund of <br /> the City in a bank selected by the City that is a member of the FDIC which is hereby created and <br /> designated "2024C Water Construction Fund" (the "Construction Fund"). The moneys in the <br /> Construction Fund shall be used for directly paying, or reimbursing the City for, the costs paid in <br /> accomplishing the Improvements and the expenses of issuing the bond approved in accordance <br /> with the Agreement. Payments from the Construction Fund shall be by check or voucher signed <br /> by the Mayor and the City Treasurer, and drawn on the depository. Each such check or voucher <br /> shall briefly specify the purpose of the expenditure. <br /> When the Improvements have been completed and all required expenses paid and <br /> expenditures made from the Construction Fund for and in connection with the accomplishment of <br /> the Improvements and the financing thereof,this fact shall be evidenced by a certificate signed by <br /> the Mayor and by the consulting engineer, which certificate shall state, among other things, the <br /> 7 <br />
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