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HomeMy WebLinkAbout0402_397i 3 9' Section 6, i= Surplus Revenues are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem ta:ces are scheduled to be levied for any ,year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent and by the amount of`- the Surplus Revenues then on deposit in the Interest and Sinking Fund. S. That the Mayor and the Citv Secretary are herebv ordered to do any and all things necessary to accomplish the transfer of monies to the interest and Sinking Fund of this issue in ample time to pay such items of principal and interest. 9. That the Mayor of said City is hereby authorized to have control of said Certificates of Obligation and all necessary records and proceedings pertaining to said Certi- ficates of Obligation pending their delivery and their investigation, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration -of said Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registra- tion Certificate printed and endorsed on each of said Certificates of Obligation, and the seal of said Comptroller shall be impressed or placed in facsimile, on each of said Certificates of Obligation. 10. That the City covenants to and with the purchasers of the Certificates of Obligation that it will make no use of the proceeds of the Certificates of Obligation at any time throughout the term of this issue of Certificates of Obligation which, if such use had been reasonably expected on the date of delivery of the Certificates of Obligation to and payment for the Certificates of Obligation by the pur- chasers, would have caused the Certificates of Obligation to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regu- lations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the Certificates of Obligation will not otherwise- be used directly or indirectly so as to cause all or any part of the Certificates of Obligation to be or become arbitrage bonds within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. 11. That it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necess- ity being that the proposed Certificates of Obligation are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St., Article 6252-17. 12. That said Certificates of Obligation are hereby sold and shall be delivered to the First Nati(.nal Bank Georgetown, Texas A. for cash for the par value thereof and accrued interest thereon to the date of delivery. 13. That the fact that the City Council considers the passage of this ordinance and the issuance of the certifi- cates of obligation necessary for the immediate loreservation of the public peace, health, safety and welfare, creates an emergency and an'imperative public necessity that the rule M