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10189-12 Authorizing Issuance & sale of additional revenue bonds to provide funds 2012 Sewage Works Construction Fund
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10189-12 Authorizing Issuance & sale of additional revenue bonds to provide funds 2012 Sewage Works Construction Fund
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10/12/2012 12:30:38 PM
Creation date
10/12/2012 12:30:34 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/8/2012
Ord-Res Number
10189-12
Bill Number
52-12
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• <br /> (c) The City will not take any action or fail to take any action with respect to <br /> the 2012 Bonds that would result in the loss of the exclusion from gross income for <br /> federal income tax purposes of interest on the 2012 Bonds pursuant to Section 103 of the <br /> Code, including, without limitation, the taking of such action as is necessary to rebate or <br /> cause to be rebated arbitrage profits on 2012 Bond proceeds or other monies treated as <br /> 2012 Bond proceeds to the federal government as provided in Section 148 of the Code, <br /> and will set aside such monies, which may be paid from investment income on funds and <br /> accounts, in trust for such purposes. <br /> (d) The City will file an information report,Form 8038-G with the Internal <br /> Revenue Service as required by Section 149 of the Code. <br /> (e) The City will not make any investment or do any other act or thing during <br /> the period that any 2012 Bond is outstanding hereunder which would cause any 2012 <br /> Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the <br /> regulations applicable thereto as in effect on the date of delivery of the 2012 Bonds. <br /> The City will not take any action or fail to take any action with respect to the 2012 Bonds that <br /> would result in the loss of the exclusion from gross income for federal income tax purposes of <br /> interest on the 2012 Bonds pursuant to Section 103(a) of the Code, and the City will not act in <br /> any manner which would adversely affect such exclusion. <br /> Notwithstanding any other provisions of this Ordinance, the foregoing covenants and <br /> authorizations (the "Tax Covenants") which are designed to preserve the exclusion of interest on <br /> the 2012 Bonds from gross income under federal income tax law (the "Tax Exemption") need <br /> not be complied with if the City receives an opinion of nationally recognized bond counsel that <br /> any Tax Covenant is unnecessary to preserve the Tax Exemption. <br /> SECTION 21. Amendments. Subject to the terms and provisions contained in this <br /> section, and not otherwise, the owners of not less than sixty-six and two-thirds per cent (66- <br /> 2/3%) in aggregate principal amount of the 2012 Bonds then outstanding shall have the right, <br /> from time to time, anything contained in this Ordinance to the contrary notwithstanding, to <br /> consent to and approve the adoption by the City of such ordinance or ordinances supplemental <br /> hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, <br /> altering, amending, adding to or rescinding in any particular any of the terms or provisions <br /> contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing <br /> herein contained shall permit or be construed as permitting: <br /> (a) An extension of the maturity of the principal of or interest or premium, if <br /> any, on any 2012 Bond or an advancement of the earliest redemption date on any 2012 <br /> Bond; or <br /> (b) A reduction in the principal amount of any 2012 Bond or the redemption <br /> premium or the rate of interest thereon, or a change in the monetary medium in which <br /> such amounts are payable; or <br /> (c) The creation of a lien upon or a pledge of the revenues of the Sewage <br /> Works ranking prior to the pledge thereof created by this Ordinance; or <br /> - 19 - <br />
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