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5970
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Last modified
12/6/2004 2:48:13 PM
Creation date
11/5/2014 12:20:40 PM
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City Ordinances
Passed
6/6/1994
Ordinance Number
5970
Bill Number
8185
Introdate
5/16/1994
Description
authorizing and issuance of $4,475,000 principal amount of general obligation bonds, series 1994 and other related documents
Introduced By
Wagner
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ARTICLE VI <br /> <br />REMEDIES <br /> <br /> Section 601. Remedies. The provisions of this Ordinance, including the covenants and <br />agreements herein contained, shall constitute a con. tract between the City and the Registered Owners of <br />the Bonds, and the Registered Owner or Owners of not less than 10% in principal amount of the Bonds <br />at the time Outstanding shall have the right for the equal benefit and protection of all Registered Owners <br />of Bonds similarly situated: <br /> <br /> (a) by mandamus or other suit, action or proceedings at law or in equity to enforce <br />the rights of such Registered Owner or Owners against the City and its officers, agents and <br />employees, and to require and compel duties and obligations required by the provisions of this <br />Ordinance or by the constitution and laws of the State of Missouri; <br /> <br /> (b) by suit, action or other proceedings in equity or at law to require the City, its <br />officers, agents and employees to account as if they were the trustees of an express trust; and <br /> <br /> (c) by suit, action or other proceedings in equity or at law to enjoin any acts or things <br />which may be unlawful or in violation of the rights of the Registered Owners of the Bonds. <br /> <br /> Section 602. Limitation on Rights of Bondowners. The covenants and agreements of the City <br />contained herein and in the Bonds shall be for the equal benefit, protection and security of the legal <br />owners of any or all of the Bonds. All of the Bonds shall be of equal rank and without preference or <br />priority of one Bond over any other Bond in the application of the funds herein pledged to the payment <br />of the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, or date of <br />Maturity or right of prior redemption as provided in this Ordinance. No one or more Bondowners <br />secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or <br />prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the <br />manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained <br />for the equal benefit of all Registered Owners of such Outstanding Bonds. <br /> <br /> Section 603. Remedies Cumulative. No remedy conferred herein upon the Bondowners is <br />intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition <br />to every other remedy and may be exercised without exhausting and without regard to any other remedy <br />conferredherein. NowaiverofanydefaultorbreachofdutyorcontractbytheRegisteredOwnerofany <br />Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any <br />rights or remedies consequent thereon. No delay or omission of any Bondowner to exercise any right or <br />power accruing upon any default shall impair any such right or power or shall be construed to be a waiver <br />of any such default or acquiescence therein. Every substantive right and every remedy conferred upon <br />the Registered Owners of the Bonds by this Ordinance may be enforced and exercised from time to time <br />and as often as may be deemed expedient. If any suit, action or proceedings taken by any Bondowner <br />on account of any default or to enforce any right or exercise any remedy has been discontinued or <br />abandoned for any reason, or has been determined adversely to such Bondowner, then, and in every such <br />case, the City and the Registered Owners of the Bonds shall be restored to their former positions and <br />rights hereunder, respectively, and all rights, remedies, powers and duties of the Bondowners shall <br />continue as if no such suit, action or other proceedings had been brought or taken. <br /> <br />-15- <br /> <br /> <br />
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