|
which case a single Certificate of Award may be utilized for the consolidated bond issue if
<br />appropriate and consistent with the terms of this ordinance.
<br />The Mayor and the Director of Finance shall sign and deliver the Certificate of Award
<br />and shall cause the Bonds to be prepared and signed and delivered, together with a true transcript of
<br />proceedings with reference to the issuance of the Bonds, to the Original Purchaser upon payment of
<br />the purchase price. The Mayor, the Director of Finance, the Director of Law, the Clerk of Council
<br />and other City officials, as appropriate, are each authorized and directed to sign any transcript
<br />certificates, financial statements and other documents and instruments and to take such actions as are
<br />necessary or appropriate to consummate the transactions contemplated by this ordinance.
<br />The Mayor and the Director of Finance shall sign and deliver, in the name and on behalf
<br />of the City and in their official capacities, the Purchase Agreement between the City and the Original
<br />Purchaser, in substantially the form as is now on file with the Clerk of Council, providing for the sale
<br />of the Bonds to, and the purchase of the Bonds by, the Original Purchaser. The Purchase Agreement
<br />is approved, together with any changes or amendments that are not inconsistent with this ordinance or
<br />the Certificate of Award and not substantially adverse to the City and that are approved by the Mayor
<br />and the Director of Finance on behalf of the City, all of which shall be conclusively evidenced by the
<br />signing of the Purchase Agreement or amendments thereto.
<br />(b) Primary Offering Disclosure -- Official Statement. The Mayor and the Director of
<br />Finance are authorized and directed, on behalf of the City and in their official capacities, to (i) prepare
<br />or cause to be prepared, and make or authorize modifications, completions or changes of or
<br />supplements to, a disclosure document in the form of an official statement relating to the original
<br />issuance of the Bonds, (ii) determine, and to certify or otherwise represent, when the official
<br />statement is to be "deemed final" (except for permitted omissions) by the City as of its date or is a
<br />final official statement for purposes of paragraph (b) of the Rule, (iii) use and distribute, or authorize
<br />the use and distribution of those official statements and any supplements thereto in connection with
<br />the original issuance of the Bonds, and (iv) complete and sign the final official statement and any
<br />supplements thereto, together with such certificates, statements or other documents in connection
<br />with the fmality, accuracy and completeness of those official statements and any supplements as they
<br />may deem necessary or appropriate.
<br />(c) Agreement to Provide Continuing Disclosure. For the benefit of the holders and
<br />beneficial owners from time to time of the Bonds, the City agrees, as the only obligated person with
<br />respect to the Bonds under the Rule, to provide or cause to be provided such financial information and
<br />operating data, financial statements and notices, in such manner, as may be required for purposes of
<br />paragraph (b)(5)(i) of the Rule. In order to describe and specify certain terms of the City's continuing
<br />disclosure agreement for that purpose, and thereby to implement that agreement, including provisions
<br />for enforcement, amendment and termination, the Mayor and the Director of Finance, are authorized
<br />and directed to sign and deliver, in the name and on behalf of the City, the Continuing Disclosure
<br />Certificate, in substantially the form as is now on file with the Clerk of Council, with any changes or
<br />amendments that are not inconsistent with this ordinance and not substantially adverse to the City and
<br />that are approved by the Mayor and the Director of Finance on behalf of the City, all of which shall be
<br />conclusively evidenced by the signing of that Certificate or amendments to it. The agreement formed,
<br />collectively, by the Bonds, this paragraph and that Certificate, shall be the City's continuing
<br />-10-
<br />
|