08-10-09 Common Council Meeting Agenda & Packet

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Section VIII. Form of the Bonds. The form and tenor of the Bonds shall be substantially as set forth in Appendix A attached hereto and incorporated herein as if set forth at this place (with all blanks to be filled in properly and all necessary additions and deletions to be made prior to ±he delivery thereof). Section IX. Issuance Sale and Delivery of the Bonds and the BANS. (a) Generally. The ,Controller is hereby authorized and directed to have the Bonds and BANS prepared, and the Mayor and the Clerk are each hereby authorized and directed to execute, and attest as appropriate, the Bonds and the BANS in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the Bonds and the BANS to the purchaser or purchasers thereof after sale made and in accordance with the provisions of the Act and this Ordinance, provided that at the time of said delivery the Controller shall collect the full amount which the purchaser or purchasers have agreed to pay therefor, which shall be not less than ninety-nine percent (99%) of the par amount of the Bonds (or such higher percentage of the par value of the Bonds as the Controller, with the advice of the financial advisor of the City, shall determine) plus accrued interest thereon to the date of delivery, if any. The City may receive payment for the Bonds and BANS in installments. The proceeds derived from the sale of the Bonds (or the BANS if such BANs are issued), shall be and are hereby- set aside for application to the costs of the Project, and including all authorized costs relating thereto, including the costs of issuance of the Bonds. The authorized officers of the City are hereby authorized and directed to draw all proper and necessary warrants and to do whatever other acts and things that may be necessary or appropriate to carry out the provisions of this Ordinance. -21- BDDBOI 5738468v1