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2009-12-02
CITY-OF-BATESVILLE
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2009-12-02
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Payments of the principal and interest installments due hereon shall be made, <br /> except for final payment, without presentation and surrender of this bond, directly to the <br /> • registered owner at his address shown on the bond registration book of the City maintained by <br /> the City Clerk as Bond Registrar, and such payments shall fully discharge the obligation of the <br /> City to the extent of the payments so made. <br /> This bond is issued for the purpose of providing financing of a portion of the costs <br /> of constructing extensions, betterments and improvements to the sewer facilities of the water and <br /> sewer system of the City (the "System"), and costs of authorizing and issuing this bond, and is <br /> issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas <br /> (the "State"), including particularly Title 14, Chapter 234, Subchapter 2, Title 14, Chapter 164, <br /> Subchapter 4, and Title 14, Chapter 235, Subchapter 2, of the Arkansas Code of 1987 Annotated <br /> and applicable decisions of the Supreme Court of Arkansas, including particularly City of <br /> Harrison v. Braswell, 209 Ark. 1094, 194 S.W.2d 12 (1946), and pursuant to Ordinance No. <br /> of the City, duly adopted and approved on the 22nd day of December, 2009 (the <br /> "Authorizing Ordinance"). Reference is hereby made to the Authorizing Ordinance for the <br /> details of the nature and extent of the security and of the rights and obligations of the City and <br /> the registered owner of this bond. <br /> This bond may be assigned to the Arkansas Natural Resources Commission (the <br /> "Commission"), and in order to effect such assignment the assignor shall promptly notify the <br /> City Clerk by registered mail, and the Commission shall surrender this bond to the City Clerk for <br /> transfer on the registration records. The Commission shall take this bond subject to all payments <br /> and prepayments of principal and interest (as reflected by the Payment Record maintained by the <br /> • City Clerk), prior to such surrender for transfer. <br /> This bond may be prepaid at the option of the City from funds from any source, in <br /> whole but not in part, at any time on and after April 15, 2020, at a prepayment price equal to the <br /> principal amount outstanding, plus accrued interest to the prepayment date. Notice shall be given <br /> of such prepayment to the owner of this bond or registered assigns at least 90 days prior to the <br /> prepayment date. Such notice shall be in writing mailed to the address of the owner of this bond <br /> or registered assigns at the address as reflected on the bond registration books of the City Clerk. <br /> This bond does not constitute an indebtedness of the City within any <br /> constitutional or statutory limitation or provision, and the taxing power of the City is not pledged <br /> to the payment of the principal of or interest on this bond. This bond is a special obligation <br /> payable solely from the revenues derived from the operation of the System. In this regard, the <br /> pledge of System revenues is subordinate to the pledge of System revenues to the Senior Bonds <br /> identified in the Authorizing Ordinance. A sufficient amount of System revenues to pay <br /> principal and interest has been duly set aside and pledged as a special fund for that purpose, <br /> identified as the "ADFA Bond Fund," in the Authorizing Ordinance. The City has fixed and has <br /> covenanted and agreed to maintain rates for use of the System which shall be sufficient at all <br /> times to at least provide for the payment of the reasonable expenses of operation and <br /> maintenance of the System, provide for the payment of the principal of and interest on all the <br /> outstanding bonds to which System revenues are pledged as the same become due, to establish <br /> 5 <br />
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