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2009-04-20
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2009-04-20
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10/27/2009 2:56:45 PM
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10/27/2009 2:56:43 PM
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City Council
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12 <br />Sewer System Improvements 1,500,000 <br /> $18,000,000 <br /> <br />If any project set forth above shall require less than the entire respective amount so set <br />forth, the difference may be applied to any of the other projects so set forth. <br />(10) The Bonds shall be sold in one or more series in accordance with <br />the provisions of Section 2 at competitive or negotiated sale at not less than ninety-eight <br />percent (98%) of the principal amount thereof (less any original issue discount) and on <br />such other terms and conditions as are provided in the Notice of Sale thereof or in the <br />Purchase Contract relating thereto. <br />If the Bonds are sold at competitive sale, they may be sold <br />contemporaneously with other bonds of the City under a combined Notice of Sale. If the <br />Bonds are sold at competitive sale, the City Manager is hereby authorized to cause to be <br />published and distributed a Notice of Sale of the Bonds in such form and containing such <br />terms and conditions as the may deem advisable, subject to the provisions hereof. In lieu <br />of publishing the full text of the Notice of Sale in accordance with the provisions of the <br />immediately preceding sentence, the City Manager is hereby authorized to cause a <br />Summary Notice of Sale in such form as the City Manager shall approve to be published <br />in The Bond Buyer on a date selected by the City Manager. <br />Upon the determination by the City Manager to sell the Bonds at <br />competitive or negotiated sale, the City Manager is hereby authorized, without further <br />notice to or action by the Council, to determine the rates of interest the Bonds shall bear; <br />provided that: <br />in no event shall the true interest cost for the Bonds exceed six percent <br />(6%); and <br />in no event shall the premium payable by the City upon the redemption of <br />the Bonds exceed two percent (2%) of the principal amount thereof. <br />If the Bonds are sold at negotiated sale, the City Manager is hereby <br />authorized to, without further notice to or action by the Council, to select the underwriters <br />for the Bonds (the “Underwriters”) and to execute and deliver to the Underwriters a Bond <br />Purchase Contract relating to the Bonds. <br />The City Manager is hereby authorized to cause to be prepared and <br />distributed a Preliminary Official Statement and a final Official Statement relating to the <br />Bonds. The City Manager is hereby further authorized to certify that the Preliminary <br />Official Statement for the Bonds of each series authorized hereunder is “deemed final” <br />for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission <br />pursuant to the Securities Exchange Act of 1934. The City Manager and the Chief <br />Operating Officer/Chief Financial Officer are hereby authorized to execute and deliver <br />the final Official Statement for the Bonds of each series authorized hereunder, and the <br />City Manager, the Chief Operating Officer/Chief Financial Officer, the Director of <br />Finance and the City Attorney are hereby authorized to execute and deliver to the <br />purchasers of the Bonds of each series certificates in the forms provided for in the <br />Official Statement for the Bonds of such series. <br />The City Manager is hereby further authorized to execute and deliver to <br />the purchasers of the Bonds of each series authorized hereunder a Continuing Disclosure <br />Certificate or a Continuing Disclosure Agreement evidencing the County’s undertaking <br />to comply with the continuing disclosure requirements of Paragraph (b)(5) of such <br />Rule 15c2-12 to the extent applicable to the Bonds, such Continuing Disclosure <br />Certificate or Continuing Disclosure Agreement to be in such form as shall be approved <br />by the City Manager upon the advice of counsel (including the City Attorney or Bond <br />Counsel to the City), such approval to be conclusively evidenced by the execution of <br />such Continuing Disclosure Certificate or Continuing Disclosure Agreement by the City <br />Manager. <br /> <br />
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