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Ordinance 1992-1070
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Ordinance 1992-1070
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Last modified
3/12/2021 10:52:14 AM
Creation date
2/23/2006 4:27:43 PM
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Template:
City Council Records
Doc Type
Ordinance
Signed Date
4/7/1992
Ord/Res - Year
1992
Ord/Res - Number
1070
Recordation Number
1186527
Cross-Reference
PAID IN FULL 11/27/2012, FILED IN 240/WA 1992 WATER BOND
Original Hardcopy Storage
7E3
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ORD 1992-1070
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<br />:J1o - 6 <br /> <br />The execution of any instrument or certificate or other <br />document in connection with the matters referred to herein by the <br />Mayor and City Clerk or by other appropriate officers of the City, <br />shall be conclusive evidence of the approval by the City of such <br />instrument and the terms thereof. <br /> <br />Section 2. Bond Details. The Bond shall be in the <br />principal amount of $7,500,000, shall bear interest at a rate not <br />to exceed 7.50% per annum, shall mature as provided in the Loan <br />Agreement, but in no event later than November 1, 2012, and shall <br />be payable in the time and manner, and shall be subject to prior <br />redemption, as set forth in the Financing Documents. The maximum <br />net effective interest rate authorized for the Bond is 7.50% per <br />annum, and the actual net effective interest rate of the Bond does <br />not exceed such rate. The City shall execute and deliver to the <br />Authority the Bond pursuant to the Loan Agreement as evidence of <br />the Loan Repayments (as defined in the Loan Agreement). The Bond <br />shall be substantially in the form set forth in the Loan <br />Agreement. Notwithstanding any other provision of this Ordinance, <br />the Mayor and the City Clerk are authorized to enter into the <br />Financing Documents only if the actual terms of the Loan and the <br />Bond as to interest rate, maximum net effective interest rate, and <br />maximum maturity, are wi thin the parameters set forth in this <br />Section. <br /> <br />Section 3. Limited Obligation; Finding of No Indebted- <br />ness. The principal of the Bond and the interest thereon shall be <br />payable solely from the net revenue derived by the City from the <br />operation of the System, as set forth in Exhibit A to the Loan <br />Agreement (the "Pledged Revenue"). The Financing Documents shall <br />constitute an irrevocable lien upon the Pledged Revenue, and the <br />Pledged Revenue is hereby pledged to the payment of the Bond. The <br />Authority may not look to any general or other fund of the City, <br />other than the special funds and accounts specified in this <br />Ordinance, for the payment of the principal of and interest on the <br />Bond. <br /> <br />The obligations of the City under the Financing <br />Documents shall not constitute or be held to be a debt or an <br />indebtedness of the City or any other governmental entity within <br />the meaning of any constitutional or statutory provision or <br />limitation. The obligations of the City under the Financing <br />Documents are not secured by the full faith and credit or taxing <br />powers of the City or of any federal, state, or local government <br />or agency. In addition, no elected or appointed officers or <br />agents of the City shall be subject to any pecuniary liability in <br />connection with any agreement, covenant, or undertaking by the <br />City, or by them in their official capacity, contained in any <br />document executed in connection with the authorization, execution, <br />and delivery of the Financing Documents or this Ordinance, or with <br />respect to any action taken or omitted to be taken in good faith <br />with reference thereto. <br /> <br />- 4 - <br />
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