In determining the amount of bonds to be issued, the City may
include all costs of the issuance of such bonds, reserve funds, and
capitalized bond interest.
(Ord. 2337 5-4-79)
Bonds may be issued as serial bonds, term bonds, installment
bonds or pass-through certificates, or any combination thereof. Bonds
shall be authorized by resolution of the Council and shall bear such
date or dates, mature at such time or times, bear interest at such
fixed or variable rate or rates, be payable at such time or times,
be in such denominations, be in such form, either coupon or registered,
carry such registration privileges, be executed in such manner, be
payable in lawful money of the United States of America at such place
or places, be subject to such terms of redemption and have such other
terms and conditions as such resolution or any indenture authorized
by such resolution to be entered into by the City may provide. Bonds
may be sold at either a public or private sale and for such prices
as the City shall determine. Pending preparation of definitive bonds,
the City may issue temporary bonds, which shall be exchanged for such
definitive bonds when prepared.
(Ord. 2337 5-4-79)
Any resolution authorizing any bonds or any issue of bonds,
or any indenture authorized by such resolution to be entered into
by the City, may contain provisions respecting any of the following
terms and conditions, which shall be a part of the contract with the
holders of such bonds:
(a) The
terms, conditions and form of such bonds and the interest and principal
to be paid thereon;
(b) Limitations
on the uses and purposes to which the proceeds of sale of such bonds
may be applied, and the pledge or assignment of such proceeds to secure
the payment of such bonds;
(c) Limitations
on the issuance of additional parity bonds, the terms upon which additional
parity bonds may be issued and secured, and the refunding of outstanding
bonds;
(d) The
setting aside of reserves and sinking funds and the regulation and
disposition thereof;
(e) The
pledge or assignment of all or any part of the revenues and the use
and disposition thereof, subject to such agreements with the holders
of bonds as may then be outstanding;
(f) Limitation
on the use of revenues for expenditures for operating, administration
or other expenses of the City;
(g) Specification
of the acts or omissions to act which shall constitute a default in
the duties of the City to holders of such bonds, and providing the
rights and remedies of such holders in the event of default, including
any limitations on the right of action by individual bondholders;
(h) The
appointment of a corporate trustee to act on behalf of the City and
the holders of its bonds, the pledge or assignment of program loans,
deeds of trust, mortgages and any other contracts to such trustee,
and the rights of such trustee;
(i) The
mortgaging of any residence and the site thereof for the purpose of
securing the bondholders;
(j) The
procedure, if any, by which the terms of any contract with bondholders
may be amended or abrogated, the amount of such bonds the holders
of which must consent thereto, and the manner in which such consent
may be given; and
(k) Any
other provisions which the Council may deem reasonable and proper
for the purposes of this Chapter and the security of the bondholders.
(Ord. 2337 5-4-79)
Any pledge of revenues or other moneys or assets pursuant to
the provisions of this Chapter shall be valid and binding from the
time such pledge is made. Revenues, moneys and assets so pledged and
thereafter received by the City shall immediately be subject to the
lien of such pledge without any physical delivery thereof or further
act, and the lien of any such pledge shall be valid and binding as
against all parties having claims of any kind in tort, contract, or
otherwise against the City, irrespective of whether such parties have
notice thereof. Neither the resolution nor any indenture by which
a pledge is created need be filed or recorded except in the records
of the City.
(Ord. 2337 5-4-79)
Neither the members of the Council, the officers or employees
of the City, nor any person executing any bonds shall be liable personally
on the bonds or be subject to any personal liability or accountability
by reason of the issuance thereof.
(Ord. 2337 5-4-79)
The City shall have the power out of any funds available therefor
to purchase its bonds. The City may hold, pledge, cancel, or resell
such bonds, subject to and in accordance with agreements with the
bondholders.
(Ord. 2337 5-4-79)
Any holder of bonds issued under the provisions of this Chapter
or any of the coupons appertaining thereto, and any trustee appointed
pursuant to any resolution authorizing the issuance of bonds, except
to the extent the rights thereof may be restricted by such resolution
or any indenture authorized thereby to be entered into by the City,
may, either at law or in equity, by suit, action, mandamus, or other
proceedings, protect or enforce any and all rights specified in law
or in such resolution or indenture, and may enforce and compel the
performance of all duties required by this Chapter or by such resolution
or indenture to be performed by the City or by any officer, employee,
or agent thereof, including the fixing, charging, and collecting of
rates, fees, interest, and charges authorized and required by the
provisions of such resolution or indenture to be fixed, charged, and
collected.
(Ord. 2337 5-4-79)
The validity of the authorization and issuance of any bonds
is not dependent on and shall not be affected in any way by any proceedings
taken by the City for the making of any program loan, or by the failure
to make any program loan, for which bonds are authorized to be issued
under this Chapter.
(Ord. 2337 5-4-79)