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make calculations and rebate payments, and make or give reports and certifications, as may be <br />appropriate to assure such exclusion of that interest. <br /> <br /> SECTION 11, The Fiscal Officer is authorized and directed to execute a <br />continuing disclosure certificate (the "Disclosure Certificate") setting forth the City's <br />undertaking to provide annual reports and notices of certain events dated the date 'of delivery of <br />the Bonds and delivered to the Original Purchaser for the benefit of the bondholders and to assist <br />the Original Purchaser in complying with S.E.C. Rule 15c2-12(b)(5). The City hereby covenants <br />and agrees that it will comply with and carry out all of the provisions of the Disclosure <br />Certificate. Failure of the City of comply with the Disclosure Certificate shall not be considered <br />an event of default; however, any Bondholder may take such actions as may be necessary and <br />appropriate to cause the CitY to comply with its obligations under this Section. <br /> <br /> SECTION 12. The Fiscal Officer, as fiscal officer of the City, is hereby directed <br />to forward a certified copy of this ordinance to the County Auditor. <br /> <br /> SECTION 13. It is found and determined that all formal actions of this Council <br />concerning and relating to the passage of this Ordinance were adopted in an open meeting of this <br />Council, and that all deliberations of this Council and of any of its. committees that resulted in <br />such formal action, were in meetings open to the public, in compliance with all legal <br />requirements, including the City's Charter and Codified Ordinances. <br /> <br /> SECTION 14. This Ordinance is hereby declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, property, health, safety and welfare <br />in the City for the reasons set forth and defined in the preamble to this ordinance, and provided it <br />receives the affirmative vote of two-thirds (2/3) of all members elected to Council, this ordinance <br />shall take effect and be in force immediately upon its passage by the Council and approval by the <br />Mayor; otherwise it shall take effect and be in force after the earliest period allowed by law. <br /> <br />^pproved:;2001 <br /> <br />President of Council <br /> <br />{KLF0963.DOC;1 )H:%FENLX%14282q~LF0963,DOC 7 <br /> <br /> <br />