Ord 1983-078 - Laserfiche WebLink

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any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. Section 32. SALE OF THE CERTIFICATES. The sale of the Certificates to ~rl.Åb~,^~Q.\. ~c.L..t.. <£;.~c.~<,~~é.-1i.. \.'\A..c': t:>~'^ \I..J~~ ~€-,~ \..<.Ut l \AC:.; ~~l~~ We. \t,\) (L( ,:re..e\..:..SO\;\ C p......s..¿~ \. ~F . . (hereln referred to as the "Purchasers") at the prlce of the par value thereof and accrued interest to the date of delivery plus a premium of $ ""0- is hereby approved and confirmed. Section 33. NO-ARBITRAGE CERTIFICATION. The City certifies that based on facts, estimates, and circumstances expected to exist on the date of the issue of the Certificates it is not reasonable to anticipate that the proceeds thereof will be used in a manner which would cause them to be "arbitrage bonds" or obligations within the meaning of Section lO3(c) of the Internal Revenue Code of 1954, as amended, or regulations thereunder applicable thereto, and the City covenants not to make any use of the proceeds of the Certificates or investment income therefrom which would cause the Certificates to become "arbitrage bonds" or obligations within the meaning of Section lO3(c) of such Code. The officers of the City charged with responsibilities in the issuance of Certificates are authorized and directed to make, execute, and deliver certifications as to facts, estimates, and circumstances in existence as of the date of the issuance of said Certificates and stating whether there are any facts, estimates, or circumstances which would materially change the City's present expectations. The covenant herein made and the certifications herein authorized are for the benefit of the holders from time to time of said Certificates and may be relied upon by said holders and bond counsel for the City. Section 34. CONTROL AND CUSTODY OF CERTIFICATES. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate pending its approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchaser. The Mayor and City Secretary either or both, are hereby further authorized and directed to furnish and execute such documents relating to the Ci ty and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial certificate to the Purchasers and the initial exchange thereof for definitive Certificates. Section 35. OFFICIAL STATEMENT. The City ratifies and confirms its prior approval of the form and content of the Official Statement prepared in the initial offering and sale of the Certificates and hereby approves the form and content of any addenda, supplement, or amendment thereto. The use of such Official Statement in the reoffering of the Certificates by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official -19-