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Ordinance 2010-348
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Ordinance 2010-348
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Last modified
9/30/2010 10:48:12 AM
Creation date
9/30/2010 10:48:02 AM
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CityClerk-Ordinances
Ordinance Number
2010-348
Date (mm/dd/yyyy)
07/27/2010
Description
$3.5 Million Loan from BB&T/Stormwater Utility Revenue Bond, Series 2010
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<br />(g) Each prepayment shall be made on such date and in such principal amount as shall be <br />permitted under this Ordinance and specified by the City in a written notice delivered to the <br />registered owner not less than ten (10) days prior thereto. If such prepayment shall be for only a <br />portion of the unpaid principal balance of the 2010 Bond, such prepayment shall be applied <br />against the obligation of the City to pay future amortization installments on the 2010 Bond in the <br />inverse order in which such amortization installments shall become due. Notice having been <br />given as aforesaid, the principal amount stated in such notice shall become due and payable on <br />the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case <br />the entire unpaid balance of the principal of the 2010 Bond is to be paid, upon presentation and <br />surrender of the 2010 Bond to the office of the Paying Agent (the designated corporate trust <br />office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part ofthe <br />unpaid balance of principal of the 2010 Bond is to be paid, upon presentation of such 2010 Bond <br />at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not <br />the City's Finance Department) for notation thereon of the amount of principal then paid or for <br />issuance of a replacement 2010 Bond in the principal amount not redeemed. Notwithstanding <br />the provisions of clause (ii) above, so long as the 2010 Bond shall be registered in the name of <br />the Bank, a partial prepayment may be effected by payment to the Bank of the principal without <br />surrender of the 2010 Bond. If, on the prepayment date, funds for the payment of the principal <br />amount to be prepaid shall have been provided to the Paying Agent, as above provided, then <br />from and after the prepayment date interest on such principal amount of the 2010 Bond shall <br />cease to accrue. If said funds shall not have been so paid on the prepayment date with respect to <br />principal and on the next succeeding Payment Date with respect to interest, the principal amount <br />of the 2010 Bond shall continue to bear interest until payment thereof. <br /> <br />SECTION 2.3 EXECUTION OF THE 2010 BOND. The 2010 Bond <br />shall be executed in the name of the City by the signature of the Mayor of the City and its official <br />seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. <br />The signatures of the Mayor of the City and City Clerk on the 2010 Bond may be manual or <br />facsimile signatures. In case anyone or more of the officers who shall have signed or sealed the <br />2010 Bond shall cease to be such officer of the City before the 2010 Bond so signed and sealed <br />shall have been actually sold and delivered, such 2010 Bond may nevertheless be sold and <br />delivered as herein provided and may be issued as if the person who signed or sealed such 2010 <br />Bond had not ceased to hold such office. The 2010 Bond may be signed and sealed on behalf of <br />the City by such person who at the actual time of the execution of the 2010 Bond shall hold the <br />proper office, although at the date the 2010 Bond shall be actually delivered such person may not <br />have held such office or may not have been so authorized. <br /> <br />The 2010 Bond shall bear thereon a certificate of authentication, in the form set <br />forth on Exhibit A attached hereto, executed manually by the Registrar (when the City's Finance <br />Department shall act as Registrar, the certificate of authentication shall be manually executed by <br />the City's Finance Director). Only if a 2010 Bond shall bear thereon such certificate of <br />authentication shall it be entitled to any right or benefit under this Ordinance and no 20 I 0 Bond <br />shall be valid or obligatory for any purpose until such certificate of authentication shall have <br />been duly executed by the Registrar. The certificate of authentication of the Registrar upon the <br />20 I 0 Bond executed on behalf of the City shall be conclusive evidence that the 20 10 Bond so <br /> <br />Auth. the Issuance of a Storm water Utility Rev. Bond 10 <br />Series 2010 $3,500,000 <br />MIA 181,312,776v4 7-8-10 <br />
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