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6566
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Last modified
7/27/2005 12:46:20 PM
Creation date
11/5/2014 12:24:36 PM
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City Ordinances
Passed
6/27/2005
Ordinance Number
6566
Bill Number
8796
Introdate
6/6/2005
Description
Authorizing the issuance sale and delivery of special obligation bonds series 2005 for $700,000
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<br />presented for payment within one year following the date when such Bond becomes due at Maturity, the <br />Paying Agent shall repay without liability for interest thereon, to the City the funds theretofore held by it <br />for payment of such Bond, and such Bond shall, subject to the defense of any applicable statute of <br />limitation, thereafter be an unsecured obligation of the City, and the Registered Owner thereof shall be <br />entitled to look only to the City for payment, and then only to the extent of the amount so repaid to it by <br />the Paying Agent, and the City shall not be liable for any interest thereon and shall not be regarded as a <br />trustee of such money. <br /> <br />Section 508. Payments Due on Saturdays, Sundays and Holidays. In any case where a Bond <br />Payment Date is not a Business Day, then payment of the principal or Redemption Price of and interest on <br />the Bonds need not be made on such Bond Payment Date but may be made on the next succeeding <br />Business Day with the same force and effect as if made on such Bond Payment Date, and no interest shall <br />accrue for the period after such Bond Payment Date. <br /> <br />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 contract 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 at <br />the time Outstanding shall have the right for the equal benefit and protection of all Registered Owners of <br />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 of <br />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 secured <br />hereby shall have any right in any manner whatever by his or their action to affect, disturb or prejudice <br />the security granted and provided for herein, or to enforce any right hereunder, except in the manner <br />herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the <br />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 to <br />every other remedy and may be exercised without exhausting and without regard to any other remedy <br />conferred herein. No waiver of any default or breach of duty or contract by the Registered Owner of any <br /> <br />-17- <br />
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