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5675 AUTHORIZING AND PROVIDING FOR THE ISSUE OF $8,000,000 WATER REVENUE BONDS
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5675 AUTHORIZING AND PROVIDING FOR THE ISSUE OF $8,000,000 WATER REVENUE BONDS
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10/19/2016 4:19:55 PM
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Resolution/Ordinance
Res Ord Num
5675
Res Ord Title
AUTHORIZING AND PROVIDING FOR THE ISSUE OF $8,000,000 WATER REVENUE BONDS OF THE CITY OF DECATUR, MACON COUNTY, ILLINOIS...
Approved Date
6/19/1972
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y . �R . <br /> which may be reasonably requested. <br /> (e) That so long as any of the b��ds authorized <br /> hereunder are outstanding the City of Decatur will not <br /> sell, le�se, loan, mortgage or in any manner dispose of <br /> or encumber said waterworks system or any improvements <br /> and extensions thereto except for the issue of additional <br /> bonds as provided for in Section 10 hereof (provided, <br /> the covenant in this section shall not prevent the City <br /> from disposing of any property which in the �udgment of <br /> the Council is no longer useful or prof3table in the <br /> operation of said system and the proceeds from the sale <br /> of any such property placed to the credit of the Bond <br /> and Interest Reserve Account herein referred to and de- <br /> scribed in Section 7 he reof� until all of said bonds <br /> hereby authorized sha,ll be paid in full, both principal <br /> and interest, or unless and until provision sh�ll have <br /> been made for the payment thereof, and that said City <br /> will take no action in rel�tion to said waterworks sys- <br /> tem which would unfavorably affect the security of the <br /> bonds or the prompt payment of the principal and inter- <br /> est thereon. <br /> (f) Any holder of a bond or bonds or any of the <br /> coupons of any bond or bonds issued hereunder may either <br /> in law or equity, by suit, action, mandamus or other <br /> proceedings, enforce or compel performance of all duties <br /> required by this ordinance, including the making and col- <br /> lectin� of sufficient charges and rates for the service <br /> supplied by said waterworks system, and the application <br /> of the income and revenue therefrom. <br /> (g} That the �ity of Decatur will carry insurance <br /> on the said system of the kinds and in the amounts which <br /> are usually ca�ried by operators of similar properties <br /> covering such risks as shall be reco�nended by a compe- <br /> tent consulting engineer employed for the purpose of <br /> making such recommendation, and all moneys received for <br /> loss under such insurance policies shall be deposited <br /> in the Depreciation Account and used in makin� good the <br /> loss or damage in respect of which they were paid either <br /> by repairing the property damaged or replacements to the <br /> property destroyed and provision for making �ood such <br /> loss or damage shall be made within ninety days from <br /> date of the �oss . The payment of premiums for all insur- <br /> ance policies required under the provisions of this cove- <br /> nan� shall be considered a maintenance and operation expense. <br /> The proceeds derived from any �nd all policies for <br /> public liability shall be paid into the Maintenance and <br /> Operation Account and used in paying the claims on ac- ' <br /> count of which they are received. <br /> (h) That the City of Deeatur further covenants and <br /> agrees that any provisions of this ordinance to the con- <br /> trary notwithstanding, it will take no action in the in- <br /> vestment of funds which may be to the credit of any of <br /> the special accounts herein referred to and described in <br /> Section 7 hereof and including funds in the Gonstruction <br /> Fund as provided for in Section /3 hereof, which action <br /> would result in making the interest payable on any of <br /> the bonds herein authorized subject to Federal income <br /> taxes by reason of said bonds being classified as <br /> r'arbitrage bonds" within the meaning of Sections 103(d), <br /> 1.103-13 and 1.103-1� of the Internal Revenue Code of <br /> 195�, as amended, and regulations proposed or promulgated <br /> thereunder. <br /> -18- <br />
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