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Ordinance 2003-1417
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Ordinance 2003-1417
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Last modified
3/12/2021 10:55:04 AM
Creation date
6/17/2005 10:29:00 AM
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City Council Records
Doc Type
Ordinance
Signed Date
4/1/2003
Ord/Res - Year
2003
Ord/Res - Number
1417
Original Hardcopy Storage
7E4
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ORD 2003-1417
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to apply all or any of the provisions of the Supplemental Act. The City hereby elects to apply all of <br />the Supplemental Act to the Financing Documents. <br /> <br /> Section 3. Delegation. (a) Pursuant to Section 11-57-205 of the Supplemental Act, <br />the City hereby delegates to the Mayor the authority to make the following determinations relating to <br />and contained in the Financing Documents, subject to the restrictions contained in paragraph (b) of <br />this Section 3: <br /> (i) The interest rate on the Loan; <br /> (ii) The principal amount of the Loan; <br /> (iii) The amount of principal of the Loan maturing in any given year and the final maturity <br /> of the Loan; <br /> (iv) The dates on which the principal of and interest on the Loan are paid; <br /> and <br /> (v) The existence and amount of reserve funds for the Loan, if any. <br /> <br />(b) The delegation in paragraph (a) of this Section 3 shall be subject to the following parameters <br />and restrictions: (i) the interest rate on the Loan shall not exceed four percent (4%); (ii) the principal <br />amount of the Loan shall not exceed $12,500,000; and (iii) the final maturity of the Loan shall not be <br />later than February 28, 2005. <br /> <br /> Section 4. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, <br />the Bond and the Loan Agreement shall contain a recital that the Bond is issued pursuant to certain <br />provisions of the Supplemental Act. Such recital shall be conclusive evidence of the validity and the <br />regularity of the issuance of the Bond after its delivery for value. <br /> <br /> Section 5. Ratification and Approval of Prior Actions. All actions heretofore taken by <br />the Mayor, any member of the City Council, officers and employees of the City, not inconsistent with <br />the provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in <br />respect thereof, are hereby ratified, approved, and confirmed. <br /> <br /> Section 6. Pledge of Revenues. The creation, perfection, enforcement, and priority of the <br />pledge of revenues to secure or pay the Bond and the Loan Agreement provided herein shall be <br />governed by Section 11-57-208 of the Supplemental Act and this Ordinance. The amounts pledged <br />to the payment of the Bond and the Loan Agreement shall immediately be subject to the lien of such <br />pledge without any physical delivery, filing, or further act. The lien of such pledge shall have the <br />priority described in the Loan Agreement. The lien of such pledge shall be valid, binding, and <br />enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the <br />City irrespective of whether such persons have notice of such liens. <br /> <br /> Section 7. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental <br />Act, no legal or equitable action brought with respect to any legislative acts or proceedings in <br />connection with the Financing Documents shall be commenced more than thirty days after the <br />issuance of the Bond. <br /> <br /> <br />
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