10118-11 Authorizing Sewage Works Revenue Bonds

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(d) The City will file an information report Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2011 Bond is outstanding hereunder vvhich would cause any 2011 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations applicable thereto as in effect on the date of delivery of the 2011 Bonds. The City will not take any action or fail to take any action with respect to the 2011 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2011 Bonds pursuant to Section 103(a) of the Code, and the City will not act in any manner which would adversely affect such exclusion. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Covenants") which are designed to preserve the exclusion of interest on the 2011 Bonds from gross income under federal income tax law (the "Tax Exemption") need not be complied with if the City receives an opinion of nationally recognized bond counsel that any "I'ax Covenant is unnecessary to preserve the Tax Exemption. SECTION 21. Amendments. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty-six and two-thirds per cent (66- 2/3%) in aggregate principal amount of the 2011 Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit.or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2011 Bond or an advancement of the earliest redemption date on any 2011 Bond; or (b) A reduction in the principal amount of any 2011 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priarity of any 2011 Bond or 2011 Bonds over any other 2011 Bond or 2011 Bonds; or (e) A reduction in the aggregate principal amount of the 2011 Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the - 19 -