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HomeMy WebLinkAbout0155_1541 S -y hereunder and all necessary records and proceedings pertaining to the Initial Certificate of Obligation pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate of Obligation said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certif- icate of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on'the Initial Certificate of Obligation. -The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate of Obligation or on any Certificates of Obligation issued and de- livered. e- livered in conversion of and exchange or replacement of any Certificate of Obligation, but neither shall have any legal effect, and shall be solely for the convenience and informa- tion of the registered owners of the Certificates of Obliga- tion. Section 12. NO ARBITRAGE. The Issuer covenants to and with the registered owners 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 reason- ably expected on the date of delivery of the Certificates of Obligation to and payment for the Certificates of Obligation by the purchasers, 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 regulations or rulings pertaining thereto; and by this covenant the Issuer is obligated to comply with the require- ments of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The Issuer 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. Section 13.. SALE OF INITIAL CERTIFICATE OF OBLIGATION. The Initial Certificate of Obligation is hereby sold and shall be delivered to for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ Section 14. EMERGENCY. 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 necessity being that the proceeds from the sale of 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 wasopen to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Texas Civ. St. Article 6252-17. 15. IMMEDIATE EFFECT. The fact that the City Council considers the passage of this ordinance and the issuance of the certificates of obligation necessary for the immediate preservation of the public peace, health, safety and welfare, creates an emergency and an imperative public necessity that the rule requiring ordwnances to be read at more than one meeting of the City Council before final passage be suspended, and said rule is hereby suspended, and that this ordinance