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01-92 Sanitary Sewer Bonds $6,500,000
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01-92 Sanitary Sewer Bonds $6,500,000
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Last modified
5/14/2013 3:06:22 PM
Creation date
9/5/2003 7:37:31 AM
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Office Of Council
Document Type
Ordinances
Date
9/5/2003
Date Adopted
1/22/1992
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occurring payment of interest on the Series 1992 Bonds in the <br />manner provided by law. <br /> <br /> The Issuer covenants that it will restrict the use of the <br />proceeds of the Series 1992 Bonds in such manner and to such <br />extent, if any, as may be necessary so that the Series 1992 Bonds <br />will not constitute arbitrage bonds under Section 148 of the <br />Internal Revenue Code of 1986, as amended (the "Code"). The Fiscal <br />Officer, or any other officer of the Issuer having responsibility <br />for the issuance of the Series 1992 Bonds shall give an appropriate <br />certificate of the Issuer, for inclusion in the transcript of <br />proceedings for the Series 1992 Bonds, setting forth the reasonable <br />expectations of the Issuer regarding the amount and use of all the <br />proceeds of the Series 1992 Bonds, the facts, circumstances, and <br />estimates on which they are based, and other facts and <br />circumstances relevant to the tax treatment of interest on the <br />Series 1992 Bonds. <br /> <br /> The Issuer covenants that it (a) will take or cause to be <br />taken such actions which may be required of it for the interest on <br />the Series 1992 Bonds to be and remain excluded from gross income <br />for federal income tax purposes, and (b) will not take or permit to <br />be taken any actions which would adversely affect that exclusion, <br />and that it, or persons acting for it, will, among other acts of <br />compliance, (i) apply the proceeds of the Series 1992 Bonds to the <br />governmental purpose of the borrowing, (ii) restrict the yield on <br />investment property acquired with those proceeds, (iii) make timely <br />rebate payments to the federal government, (iv) maintain books and <br />records and make calculations and reports, and (v) refrain from <br />certain uses of proceeds, all in such manner and to the extent <br />necessary to assure such exclusion of that interest under the Code. <br />The Fiscal Officer and other appropriate officers are hereby <br />authorized and directed to take any and all actions, make <br />calculations and rebate payments, and make or give reports and <br />certifications as may be appropriate to assure such exclusion of <br />that interest. <br /> <br /> Any excess funds resulting from the issuance of the' <br />Series 1992 Bonds shall, to the extent necessary, be used only for <br />the retirement of the Series 1992 Bonds at maturity or by <br />redemption, together with the interest thereon, and are hereby <br />pledged for such purpose in accordance with provisions of the <br />General Bond Legislation. <br /> <br /> .Section 6. The Series 1992 Bonds are special <br />obligations of the Issuer, the Bond Service Charges on which are in <br />any calendar year equally and ratably with any other Bonds and <br />Notes outstanding payable from and secured by the proceeds of a two <br />(2) mill ad valorem property tax levy, levied pursuant to <br />Article XIV, Section 32 of the Issuer's Charter (the "Levy") and <br />collected in such calendar year, but only payable from and secured <br /> <br />-9- <br /> <br /> <br />
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