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Ord 2003-069
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Ord 2003-069
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Last modified
2/4/2010 10:37:20 AM
Creation date
5/12/2004 9:27:13 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
2003-69
Date
11/10/2003
Volume Book
154
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<br />Section 6.05. Municipal Bond Insurance. <br /> <br />If municipal bond guaranty insurance is obtained with respect to the Certificates, the Certificates, <br />including the Initial Certificate, may bear an appropriate legend, as provided by the insurer. <br /> <br />ARTICLE VII <br /> <br />SALE OF THE CERTIFICATES; CONTROL <br />AND DELIVERY OF THE CERTIFICATES <br /> <br />Section 7.01. Sale of Certificates. Official Statement. <br /> <br />(a) The Certificates are hereby officially sold and awarded to Legg Mason Wood <br />Walker, Inc., at a price of par, plus accrued interest from the Original Issue Date to the Closing Date. It is <br />officially found, determined and declared that the bid of said Purchaser is bid for the Certificates providing <br />for the lowest True Interest Cost as the result of competitive bids in accordance with the Notice of Sale and <br />Bidding Instructions, Official Bid Form and Preliminary Official Statement for the Certificates. The <br />Certificates shall initially be registered in the name of the Purchaser or its designee. <br /> <br />(b) The form and substance of the Official Statement for the Certificates and any <br />addenda, supplement or amendment thereto (the "Official Statement") presented to and considered at this <br />meeting, is hereby in all respects approved and adopted, and the Preliminary Official Statement is hereby <br />confirmed as deemed final as of its date (except for the omission of pricing and related information) within <br />the meaning and for the purposes of paragraph (b)( 1) of Rule 15c2-12 under the Securities Exchange Act of <br />1934, as amended, by the City Council. The Mayor and City Clerk of the City are hereby authorized and <br />directed to execute the same and deliver appropriate numbers of executed copies thereof to the Purchaser of <br />the Certificates. The Official Statement as thus approved, executed and delivered, with such appropriate <br />variations as shall be approved by the Mayor of the City and the Purchaser ofthe Certificates, may be used <br />by the Purchaser in the public offering and sale thereof. The use and distribution of the Official Statement <br />in the public offering of the Certificates by the Purchaser is hereby ratified, approved and confirmed. The <br />City Clerk of the City is hereby authorized and directed to include and maintain a copy of the Official <br />Statement and any addenda, supplement or amendment thereto thus approved among the permanent records <br />of this meeting. The use and distribution of the Preliminary Official Statement for the Certificates and the <br />preliminary public offering of the Certificates by the Purchaser is hereby ratified, approved and confirmed. <br /> <br />(c) All officers of the City are authorized to execute such doéuments, certificates and <br />receipts as they may deem appropriate in order to consummate the delivery of the Certificates in accordance <br />with the Purchase Contract. <br /> <br />(d) In the event municipal bond guaranty insurance is obtained for the Certificates <br />pursuant to the terms of sale of the Certificates as set forth in the winning bid, all officers of the City are <br />authorized to do any and all things to execute and deliver any and all documents, certificates or other <br />instruments necessary or required for the issuance of a municipal bond insurance policy relating to the <br />Certificates. To the extent permitted by applicable law, the City will comply with all notice and other <br />applicable requirements of the insurer issuing the municipal bond insurance policy in connection with the <br />issuance of the Certificates, as such requirements may be in the effect and transmitted to Bond Counsel with <br />such insurer's commitment to issue such insurance. <br /> <br />R:\San Marcos\CO.03\Docs\Ordinance\CO Ord Final.wpd <br /> <br />21 <br />
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