|
. ~
<br />~~
<br />-3-
<br />authorize modifications, completions or changes of or supplements to, such an official statement,
<br />(ii) determine, and to certify or otherwise represent, when the official statement is to be "deemed
<br />final" (except for permitted omissions) by the City as of its date or is a final official statement
<br />for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (iii) use and distribute, or authorize the
<br />use and distribution of those official statements and any supplements thereto in connection with
<br />the original issuance of the Notes, and (iv) complete and sign those official statements as so
<br />approved together with such certificates, statements or other documents in connection with the
<br />finality, accuracy and completeness of those official statements.
<br />Section 7. The proceeds from the sale of the Notes, except any premium and
<br />accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated
<br />and shall be used for the purpose for which the Notes are being issued. Any portion of those
<br />proceeds representing premium and accrued interest shall be paid into the Bond Retirement
<br />Fund.
<br />Section 8. The par value to be received from the sale of the Bonds or of any
<br />renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent
<br />necessary, be used to pay the debt charges on the Notes at maturity and are pledged for that
<br />purpose.
<br />Section 9. During the year or years in which the Notes are outstanding, there shall
<br />be levied on all the taxable property in the Ciry, in addition to all other taxes, the same tax that
<br />would have been levied if the Bonds had been issued without the prior issuance of the Notes.
<br />The tax shall be within the 11.1-mill limitation provided by the Charter of the City, shall be and
<br />is ordered computed, certified, levied and extended upon the tax duplicate and collected by the
<br />same officers, in the same manner, and at the same time that taxes for general purposes for each
<br />of those years are certified, levied, extended and collected, and shall be placed before and in
<br />preference to all other items and for the full amount thereof. The proceeds of the tax levy shall
<br />be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the
<br />debt charges on the Notes or the Bonds when and as the same fall due.
<br />Section 10. The City covenants that it will use, and will restrict the use and
<br />investment of, the proceeds of the Notes in such manner and to such extent as may be necessary
<br />so that (a) the Notes will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds
<br />under Section 141, 148 or 149 of the Internal Revenue Code of 1986, as amended (the Code),
<br />or (ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the
<br />interest on the Notes will not be treated as an item of tax preference under Section 57 of the
<br />Code.
<br />The City further covenants that (a) it will take or cause to be taken such actions that
<br />may be required of it for the interest on the Notes to be and remain excluded from gross income
<br />for federal income tax purposes, (b) it will not take or authorize to be taken any actions that
<br />would adversely affect that exclusion, and (c) it, or persons acting for it, will, among other acts
<br />of compliance, (i) apply the proceeds of the Notes to the governmental purposes of the
<br />borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate
<br />payments to the federal government, (iv) maintain books and records and make calculations and
<br />reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property
<br />financed with such proceeds, all in such manner and to the extent necessary to assure such
<br />exclusion of that interest under the Code.
<br />The Director of Finance, as the fiscal officer, or any other officer of the City having
<br />responsibility for issuance of the Notes is hereby authorized (a) to make or effect any election,
<br />selection, designation, choice, consent, approval, or waiver on behalf of the City with respect
<br />to the Notes as the City is permitted or required to make or give under the federal income tax
<br />laws, including, without limitation thereto, any of the elections provided for in Section
<br />148(f)(4)(C) of the Code or available under Section 148 of the Code, for the purpose of
<br />
|