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2009-12-02
CITY-OF-BATESVILLE
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2009-12-02
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loss or damage thereto in amounts and against such risks as are customarily insured against in <br /> connection with similar facilities and undertakings as the System. In the event of loss, the <br /> proceeds of such insurance shall be applied solely toward the reconstruction, replacement or <br /> repair of the System, and in such event the City will, with reasonable promptness, cause to be <br /> commenced and completed the reconstruction, replacement and repair work. <br /> Section 19. There shall be a statutory mortgage lien upon the water facilities <br /> which are part of the System (including all extensions, improvements and betterments now or <br /> hereafter existing) which shall exist in favor of the owner of the bond, and such water facilities <br /> shall remain subject to such statutory mortgage lien until payment in full of the principal of and <br /> interest on the bond, provided, however, that such statutory mortgage lien shall be interpreted <br /> according to the decision of the Supreme Court of the State in City of Harrison v. Braswell, <br /> supra. <br /> Section 20. The City is hereby authorized to accept the forgiveness of the <br /> principal of the bond under the terms of the Agreement. By accepting the forgiveness of the <br /> principal, the City is a sub-recipient of a one-time federal grant of funds to the Commission <br /> under ARRA. As a sub-recipient, the City is responsible for complying with the specific <br /> requirements of ARRA and the conditions of the one-time federal grant of ARRA funds to the <br /> Commission. If the City fails to satisfy any ARRA requirements or ARRA grant conditions, the <br /> City may be required to refund advances of the purchase price of the Bond. Specific ARRA <br /> requirements include but are not limited to: <br /> • ARRA Section 1512 Reporting Requirements; <br /> ARRA Section 1553 Whistleblower Protections; <br /> ARRA Section 1605 Buy American Requirements; <br /> ARRA Section 1606 Wage Rate Requirements; and <br /> ARRA Sections 902, 1514 and 1515 General Accountability Office and Inspector <br /> General Access and Review Requirements. <br /> Section 21. Other than as set forth in Section 20 hereof and in the Agreement, <br /> all rights of the Bondholder and the Commission under this Ordinance shall cease when all <br /> advances have been made against the purchase price of the bond under the Agreement and the <br /> principal amount has been forgiven in accordance with Section 20 hereof and the Agreement. <br /> Section 22. The provisions of this Ordinance are hereby declared to be <br /> separable, and if any provision shall for any reason be held illegal or invalid, it shall not affect <br /> the validity of the remainder of this Ordinance. <br /> Section 23. Reference in this Ordinance to 'Bondholder" shall include the <br /> original Bondholder or any registered assign thereof. <br /> 11 <br />
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