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104-84 Sewage treatment BAN
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104-84 Sewage treatment BAN
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Last modified
5/14/2013 3:07:07 PM
Creation date
9/8/2003 11:36:06 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
10/15/1984
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described purpose and to pay and retire the outstanding notes. The <br />Notes shall bear interest at such rate or rates not exceeding the <br />maximum interest rate of fifteen per centum (15%) per annum, as may be <br />fixed by the Director of Finance in his certificate awarding the Notes <br />at private sale~ such interest to be payable at maturity, with provi- <br />sion, if requested by the purchaser, that, in the event of default, the <br />same shall bear interest at a rate or rates not exceeding fifteen per <br />centum (15%) per annum until the principal sum is paid; shall be dated <br />their date of issuance; shall mature one year from such date; shall not <br />be subject to redemption by the City at any time prior to maturity, <br />unless the original purchaser of the Notes requests that the Notes <br />provide for such redemption, in which case provision shall be made for <br />calling the Notes for redemption upon ten (10) days written notice to <br />the original purchaser; shall be designated "Sewer System Improvements <br />Bond Anticipation Notes - 1984 Third Renewal"; shall be issued in such <br />numbers and denominations as may be requested by the original purchaser; <br />and shall be payable as to both principal and interest at the offices of <br />the Director of Finance of the City, or at banks or trust companies, as <br />determined by the Director 'of Finance, without deduction for exchange, <br />collection or service charge. <br /> <br /> Section 4. The Notes shall be executed by the Mayor and <br />Director of Finance, provided that one of such signatures may be a <br />facsimile signature, and bear the seal of the corporation or a facsimile <br />thereof. The Notes shall express upon their faces the purpose for which <br />they are issued and that they are issued pursuant to this ordinance. <br /> <br /> Section 5. Subject to the rejection of the Notes by the <br />Director of Finance for investment in the Bond Retirement Fund, the <br />Notes shall be sold at private sale at not less than the par value <br />thereof by the Director of Finance at an interest rate not exceeding <br />that specified in Section 3 of this ordinance and in accordance with the <br />best interests and welfare of the City; and the Director of Finance is <br />hereby authorized and directed to deliver the Notes, when executed, to <br />the original purchaser thereof upon payment of the purchase price. The <br />proceeds of such sale shall be paid into the proper fund and used for <br />the purpose for which the Notes are being issued under the provisions of <br />this ordinance. Any premium and accrued interest shall be transferred <br />to the Bond Retirement Fund to be applied to the payment of the princi- <br />pal of an interest on the Notes in the manner provided by law. <br /> <br /> The City hereby covenants that it will restrict the use of the <br />proceeds of the Notes in such manner and to such extent, if any, as may <br />be necessary, after taking into account reasonable expectations at the <br />time of the delivery of any payment for the Notes, so that the Notes <br />will not constitute arbitrage bonds under Section 103(c) of the Internal <br />Revenue Code and the applicable income tax regulations under that Sec- <br />tion. The fiscal officer or any other officer, including the Clerk of <br />Council, having responsibility for issuing said Notes is authorized and <br />directed, alone or in conjunction with any of the foregoing or with any <br />other officer, employee, or consultant of the City, to give an appropri- <br />ate certificate of the City's reasonable expectations, as of the date of <br />delivery of the Notes, for inclusion in the transcript of proceedings, <br />which shall state (in brief and summary terms) the facts and estimates <br />on which the City's reasonable expectations as to future events are <br />based and state that, to the best of the knowledge and belief of the <br />certifying officer, the City's expectations are reasonable. <br /> <br />-2- <br /> <br /> <br />
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