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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 />- <br /> <br />authenticated have been duly authenticated and delivered under this Ordinance and that the <br />Owner thereof is entitled to the benefits of this Ordinance. <br /> <br />SECTION 2.4 NEGOTIABILITY. REGISTRATION AND <br />CANCELLATION. The Registrar shall keep books for the registration of the 2010 Bond and <br />for the registration of transfers of the 2010 Bond. The 2010 Bond shall be transferable at the <br />option of the registered Owner thereof to an institutional holder, but subject to the prior written <br />approval of the City's Finance Director (which shall not be unreasonably withheld if the intended <br />transferee provides a suitability letter addressed to the City as to the sophistication of the <br />investor) unless such institutional holder is a bank or trust company, or unless such institutional <br />holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer <br />that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as <br />amended and supplemented, in which case such approval shall not be required, and upon <br />surrender thereof at the office of the Registrar (the designated corporate trust office of the <br />Registrar if the City's Finance Department is not the Registrar) with a written instrument of <br />transfer satisfactory to the Registrar duly executed by the registered Owner or his duly <br />authorized attorney. Upon the transfer of such 2010 Bond, the City shall issue in the name of the <br />transferee a new 2010 Bond. <br /> <br />The City, the Paying Agent and the Registrar shall deem and treat the person in <br />whose name the 2010 Bond shall be registered upon the books kept by the Registrar as the <br />absolute Owner of such 2010 Bond, whether such 2010 Bond shall be overdue or not, for the <br />purpose of receiving payment of, or on account of, the principal of and interest on such 2010 <br />Bond as the same become due and for all other purposes. All such payments so made to any <br />such Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability <br />upon such 2010 Bond to the extent of the sum or sums so paid, and neither the City, the Paying <br />Agent nor the Registrar shall be affected by any notice to the contrary. <br /> <br />In all cases in which the privilege of transferring the 2010 Bond is exercised, the <br />City shall execute and the Registrar shall authenticate and deliver the 2010 Bond in accordance <br />with the provisions of this Ordinance. The 2010 Bond surrendered in any such transfers shall <br />forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in <br />this Section. The City or the Registrar (if not the City's Finance Department) may require the <br />payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid <br />with respect to such transfer. <br /> <br />The 2010 Bond paid or redeemed, in whole, either at or before maturity, shall be <br />delivered to the Registrar when the payment or redemption is made, and such 2010 Bond shall <br />thereupon be promptly canceled. The 2010 Bond so canceled may at any time be destroyed by <br />the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of <br />its authorized officers describing the 2010 Bond, and one executed certificate shall be filed with <br />the City and the other executed certificate shall be retained by the Registrar (if not the City's <br />Finance Department). <br /> <br />SECTION 2.5 MUTILATED. DESTROYED. STOLEN OR LOST <br />2010 BOND. In case any 2010 Bond shall become mutilated, destroyed, stolen or lost, the City <br /> <br />Auth. the Issuance of a Stormwater Utility Rev. Bond 11 <br />Series 2010 $3,500,000 <br />MIA 181,312,776v4 7-8-10 <br />
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