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52-06 Issuance/Sale of Sewer System Revenue Bonds $16,500,000
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52-06 Issuance/Sale of Sewer System Revenue Bonds $16,500,000
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Last modified
5/14/2013 3:10:56 PM
Creation date
10/19/2006 8:39:56 AM
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Office Of Council
Document Type
Ordinances
Date
10/19/2006
Date Adopted
7/3/2006
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<br />Such sale and award shall be further evidenced by the Certificate of Award signed <br />by the Fiscal Officer wbich Certificate shall be iucorporated into and fonn a part of the lodenture <br />as if fully rewritteu therein. The Certificate of Award shall state: (i) the aggregate principal <br />amount of the Series 2006 Bonds to be issued; (ii) the date of the Series 2006 Bouds; (iii) the <br />designation of the account in the Rebate Fund for the Series 2006 Bauds; (iv) the Purchase Price; <br />(v) the Specified loterest Rates; (vi) the Principal Payment Dates and Principal Retirement <br />Schedule (including Sinking Fund Requirements); (vii) the Optioual Earliest Redemptiou Date <br />and the Optional Redemptiou Prices; (viii) the Term Maturity Dates and the Mandatory <br />Redemptiou Dates; (ix) the amount, if any, to be transferred to or deposited in the Bond Fund <br />and Bond Reserve Fund as a result of the issuance of the Series 2006 Bonds and (x) such <br />additional infonnation as shall be required by the terms of this Series 2006 Bond Legis1ation and <br />the Bond Purchase Agreement. <br />The Mayor and Fiscal Officer are further directed to take all steps necessary to <br />effect due authentication, delivery and security of the Series 2006 Bonds under the terms hereof, <br />the Ihdenture and the Bond Purchase Agreemeut. It is hereby detennined that the Purchase Price <br />and the Specified interest Rates for the Series 2006 Bonds, the manner of sale and the tenns of <br />the Series 2006 Bonds, all as provided herein and in the Bond Purchase Agreemeut, will be in <br />the best interests of the Issuer and consistent with a111egal requirements <br />The Series 2006 Bonds shall be executed by the Mayor and the Fiscal Officer of <br />the Issuer, provided that both of such signatures may be facsimiles. <br />In connection with the issuance and sale of the Series 2006 Bonds, the law finn of <br />Calfee, Halter & Griswold LLP is hereby retained to act as Baud Counsel to the Issuer. <br />(h) Additional Authorizations. The Mayor, the Fiscal Officer, the Clerk and <br />the Legal Officer are hereby authorized and directed to take any and all actious necessary or <br />proper consistent with the tenns of this Series 2006 Bond Legislation and the Indenture to effect <br />the execution, authenticatiou and delivery of the Series 2006 Bonds to the Original Purchaser, <br />including without limitation the execution of financing statements. assignments and instruments <br />necessary or appropriate to perfect, to the extent permitted by law, the Hen of the Indenture to the <br />Special Funds and the furnishing of the appropriate certificates, opiuions and other instruroents <br />provided for in this Series 2006 Boud Legislatiou and in the lodenture. <br />The Mayor, the Fiscal Officer, the Clerk and the Legal Officer, or anyone of <br />them, are hereby authorized and directed to take any and all actions necessary or proper <br />consisteut with the terms of this Series 2006 Bond Legislatiou and the lodeuture to refund the <br />Series 2006 Notes at the earliest possible time after the issuance and delivery of the Series 2006 <br />Bonds. <br />Section 4" Security and Sources ofPavment. The Series 2006 Bonds shall be <br />issued on a parity with any Additional Bonds hereafter issued as to the Holder's rights and <br />security under the lodenture. Bond Service Cbarges on the Series 2006 Bouds shall be payable <br />from those sources as set forth in Section 501 of the Trust Agreement, except that to the extent <br />that a surety bond, the proceeds of which are and will irrevocably be available to pay Bond <br />Service Charges on the Series 2006 Bonds, is obtained in lieu of a cash deposit to the Bond <br />Reserve Fund to satisfy the Bond Reserve Requirement with respect to the Series 2006 Bonds, <br />Bond Service Charges on the Series 2006 Bonds shall not be secured by nor payable from any <br />moneys or iuvestments deposited to the credit of the Boud Reserve Fund. Payment of Bond <br />Service Cbarges on the Series 2006 Bonds shall be secured oIÙY as provided for herein and in the <br />lodenture. <br />Section 5. Allocatiou of Purchase Price of the Series 2006 Bonds. The Purchase <br />Price shall be received and receipted by the Fiscal Officer, or by the Trustee on the Issuer's <br />behalf, and shall be allocated, deposited and credited as follows' <br />(a) the amoUnt representing accrued interest, as such amount is specified in the Certificate <br />of Award, shall be deposited to the credit of the appropriate account in the Boud Fund <br />created by Section 401 of the Trust Agreement Indenture; <br />(b) the amount, if any, to provide a cash funding oft1w Bond Reserve Requirement with <br />respect to the Series 2006 Bonds shall be deposited to the credit of a separate account in <br />the Bond Reserve Fund; provided, however, that iftheIssuer, acting through the Fiscal <br />Officer, has elected to obtaiu a surety bond in satisfaction of the Bond Reserve <br />Requirement for the Series 2006 Bonds, the amount of the premium required to be paid to <br />the provider of such surety bond on the date of delivery of the Series 2006 Bouds shall be <br />paid to such providor by the Trustee from the proceeds of the Series 2006 Bauds <br />deposited to the credit of the appropriate; account of the Construction Fund pursuant to <br />item (d) below and according to the writteu instroctious of the Fiscal Officer; <br />
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