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2024-01-18-AGENDA-Special
CITY-OF-BATESVILLE
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2024-01-18-AGENDA-Special
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Section 12. The bonds shall be callable for payment prior to maturity in <br />accordance with the terms set out in the face of the bond form set forth in Section 6 of this <br />Ordinance (the "Bond Form"). The City hereby covenants to use bond proceeds not necessary for <br />the purposes intended to redeem bonds as set forth in the Bond Form. The City further covenants <br />to use Surplus Bond Tax Receipts (as defined in the Bond Form) to redeem bonds prior to maturity. <br />Surplus Bond Tax Receipts shall be used to redeem the Series 2024A Bonds in full before any <br />Series 2024B Bonds are redeemed from Surplus Bond Tax Receipts. <br />Section 13. It is hereby covenanted and agreed by the City with the owners of <br />the bonds that the City will faithfully and punctually perform all duties with reference to the Taxes <br />and the bonds required by the Constitution and laws of the State and by this Ordinance, including <br />the collection of the Taxes, as herein specified and covenanted and the applying of the Pledged <br />Revenues as herein provided. <br />Section 14. The Trustee will keep or cause to be kept proper books of accounts <br />and records in which complete and correct entries shall be made of all transactions relating to the <br />Pledged Revenues and such books shall be available for inspection by the City, the Purchaser and <br />the owner of any of the bonds at reasonable times and under reasonable circumstances. The <br />Trustee shall furnish a report to the City on a monthly basis of all receipts and disbursements of <br />the Pledged Revenues received by the Trustee, which monthly report shall commence one month <br />following the first month in which the Pledged Revenues are received by the Trustee. <br />Section 15. (a) Subject to the provisions of subparagraph (g) below, if there be <br />any default in the payment of the principal of and interest on any of the bonds, or if the City <br />defaults in the performance of any covenant contained in this Ordinance, the Trustee may, and <br />shall, upon the written request of (1) the Insurer or (2) with the consent of the Insurer, the owners <br />of not less than 10% in principal amount of the bonds then outstanding, by proper suit compel the <br />performance of the duties of the officials of the City under the Constitution and laws of the State <br />and under this Ordinance, and to take any action or obtain any proper relief in law or equity <br />available under the Constitution and laws of the State. <br />(b) No owner of any bond shall have any right to institute any suit, action, <br />mandamus or other proceeding in equity or in law for the protection or enforcement of any right <br />under this Ordinance or under the Constitution and laws of the State unless (1) such owner or the <br />Trustee shall have given written notice of such default to the Insurer and (2) such owner previously <br />shall have given to the Trustee written notice of the default on account of which such suit, action <br />or proceeding is to be taken, and unless the owners of not less than 10% in principal amount of the <br />bonds then outstanding shall have made written request of the Trustee after the right to exercise <br />such powers or right of action, as the case may be, shall have accrued, and shall have afforded the <br />Trustee a reasonable opportunity either to proceed to exercise the powers herein granted or granted <br />by the Constitution and laws of the State, or to institute such action, suit or proceeding in its name, <br />and unless, also, there shall have been offered to the Trustee reasonable security and indemnity <br />against the cost, expense and liabilities to be incurred therein or thereby and the Trustee shall have <br />refused or neglected to comply with such request within a reasonable time, and such notification, <br />request and offer of indemnity are hereby declared in every such case, at the option of the Trustee, <br />to be conditions precedent to the execution of the powers and trust of this Ordinance or to any <br />23 <br />
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