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2000-011-ORD AUTHORIZING ISSUANCE OF WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 2000
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2000-011-ORD AUTHORIZING ISSUANCE OF WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 2000
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Last modified
8/18/2006 4:37:04 PM
Creation date
3/30/2001 2:04:48 PM
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CITY CLERK
Doc Name
2000
Doc Type
Ordinance
CITY CLERK - Date
2/22/2000
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<br />9. Defeasances; <br />10. Release, substitution, or sale of property securing repayment of the Bonds; and <br />11. Rating changes. <br /> <br />The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely marmer, of any <br />failure by the Issuer to provide financial information or operating data in accordance with subsection <br />(a) of this Section by the time required by such subsection. <br /> <br />(c) Limitations. Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe <br />and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer <br />remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that <br />the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or <br />applicable law that causes Bonds no longer to be outstanding. <br /> <br />(ii) The provisions of this Section are for the sole benefit of the holders and beneficial <br />owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any <br />legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to <br />provide only the financial information, operating data, financial statements, and notices which it has <br />expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any <br />other information that may be relevant or material to a complete presentation of the Issuer's financial <br />results, condition, or prospects or hereby undertake to update any information provided in <br />accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not <br />make any representation or warranty concerning such information or its usefulness to a decision to <br />invest in or sell Bonds at any future date. <br /> <br />(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN <br />CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY <br />BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT F AUL T ON ITS PART, <br />OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY <br />OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH <br />BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC <br />PERFORMANCE. <br /> <br />(iv) No default by the Issuer in observing or performing its obligations under this Section <br />shall comprise a breach of or default under the Ordinance for purposes of any other provision of this <br />Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the <br />duties of the Issuer under federal and state securities laws. <br /> <br />(v) The provisions of this Section may be amended by the Issuer from time to time to adapt <br />to changed circumstances that arise from a change in legal requirements, a change in law, or a <br />change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions <br />of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in <br />the primary offering of the Bonds in compliance with the Rule, taking into account any amendments <br /> <br />39 <br />
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