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6486
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6486
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Last modified
3/28/2005 10:32:36 AM
Creation date
11/5/2014 12:24:07 PM
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City Ordinances
Passed
6/21/2004
Ordinance Number
6486
Bill Number
8718
Introdate
6/7/2004
Description
Approving the delivery of $6,245,000 certificates of participation (Recreation Facility improvements)
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Certificates and any Additional Certificates. See "SUMMARY OF THE INDENTURE - Additional <br />Certificates" in Appendix B hereto. <br /> <br /> Because the Series 2004 Certificates and the Series 2003 Certificates are secured on a parity basis <br />with each other, upon an Event of Default or the failure of the City to appropriate amounts sufficient to pay the <br />entire amount of Base Rentals to be distributed with respect to both the Series 2003 Certificates and the Series <br />2004 Certificates, the City's right of possession and use of all the Leased Property will expire or be terminated, <br />as appropriate. <br /> <br />Limited Obligations <br /> <br /> Under the Lease, the City has agreed to pay rental payments (the "Base Rentals"), consisting of a <br />principal component (the "Principal Component") and an interest component (the "Interest Component"), <br />but only if and to the extent that the City Council of the City annually appropriates sufficient money to pay the <br />Base Rentals coming due during each succeeding Renewal Term. The Certificates represent undivided, <br />proportionate interests in the Base Rentals. <br /> <br /> Neither the Certificates, the Lease nor any payments required under the Lease will constitute a <br />mandatory payment obligation of the City in any year beyond the year during which the City is a lessee under <br />the Lease, or constitute or give rise to a general obligation or other indebtedness of the City. The City is not <br />legally obligated to budget or appropriate money for any fiscal year beyond the current fiscal year or any <br />subsequent fiscal year in which the Lease is in effect, and there can be no assurance that the City will <br />appropriate funds to make Base Rentals or renew the Lease after any Renewal Term. The City may terminate <br />its obligations under the Lease on an annual basis. The City will have the option to purchase the Trustee's <br />interest in the Leased Property at the times and upon the conditions described under "SUMMARY OF TItE <br />LEASE -- Option to Purchase the Trustee's Interest in the Leased Property" in Appendix C hereto. <br /> <br /> Neither the Certificates nor the Lease will constitute a debt or liability of the City or of the State of <br />Missouri or any political subdivision thereof, nor will they constitute an indebtedness within the meaning of <br />any constitutional, statutory or charter debt limitation or restriction. The execution and delivery of the Lease <br />will not obligate the City to levy any form of taxation for the payments required thereunder or to make any <br />appropriation for such payments in any fiscal year subsequent to a fiscal year in which the Lease is in effect. <br /> <br />Certificate Insurance <br /> <br /> Concurrently with the delivery of the Series 2004 Certificates, Ambac Assurance Corporation (the <br />"Certificate Insurer") will issue its financial guaranty insurance policy for the Series 2004 Certificates (the <br />"Certificate Insurance Policy"). The Certificate Insurance Policy guarantees the scheduled payment of <br />principal of and interest on the Series 2004 Certificates when due as set forth in the form of the Certificate <br />Insurance Policy included as Appendix E to this Official Statement. See the sections herein captioned <br />"CERTIFICATE INSURANCE" and "SECURITY FOR THE CERTIFICATES - The Certificate <br />Insurance Policy." <br /> <br />Risk Factors <br /> <br /> Payment of the Principal Components and Interest Components represented by the Series 2004 <br />Certificates is subject to certain risks. See the caption "RISK FACTORS AND INVESTMENT <br />CONSIDERATIONS" herein. <br /> <br />Continuing Disclosure Information <br /> <br /> The City has covenanted in an Amended and Restated Continuing Disclosure Agreement (the <br />"Continuing Disclosure Agreement") to provide certain financial information and notices of material events <br /> <br />-3- <br /> <br /> <br />
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