Ord 2023-042 authorizing the issuance and sale of an amount not to exceed $1,120,000.00 of Combination Tax and Surplus Revenue Certificates of Obligation, Series 2023

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and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. The words "herein", "hereof" and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the Issuer and any future amendments thereto or successor provisions thereof. Section 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT. To the extent required by Federal law, the City will provide the TWDB with all information required to be reported in accordance with the Federal Funding Accountability and Transparency Act of 2006, Pub. L. 109-282. The City will obtain a Data Universal Numbering System (DUNS) Number and will register with Central Contractor Registration (CCR), and maintain current registration at all times during which the Certificates are outstanding. Section 28. STATE AND FEDERAL PROCUREMENT REQUIREMENTS. Prior to the release of funds for professional consultants including,but not limited to,the engineer, financial advisor,and bond counsel,as appropriate,the City will provide documentation to TWD13 that it has met all applicable state procurement requirements as well as all federal procurement requirements under the Disadvantaged Business Enterprises program. Section 29. TIMELY USE OF LOAN PROCEEDS. All proceeds from the sale of the Certificates will be timely and expeditiously used, as required by federal statute and EPA regulations, and the City will adhere to a project schedule, acceptable to the Executive Administrator, that facilitates the timely use of funds and project completion. -------------------- 30 SAN MARCOS(-rWDB)CTRCO 2023&2023A:Ordinance($1,120,000)