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Ord 2012-034
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Ord 2012-034
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8/31/2012 9:11:10 AM
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8/29/2012 1:42:23 PM
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Certificate to be executed and delivered by the Pricing Officer pursuant to subsection (b) of this <br />section. The Pricing Certificate is hereby incorporated in and made a part of this Ordinance. The <br />Bonds shall be designated by the year in which they are awarded as set forth in the Pricing <br />Certificate. The authority for the Pricing Officer to execute and deliver the Pricing Certificate for <br />the Bonds shall expire at 5:00 p.m. C.D.T. on July 17, 2013. Bonds priced on or before July 17, <br />2013 may be delivered to the initial purchaser after such date. <br />(b) As authorized by Chapter 1207.007, Texas Government Code, as amended, the <br />Pricing Officer is hereby authorized to act on behalf of the City in selling and delivering one or more <br />Series of the Bonds, determining which of the Refundable Obligations shall be refunded and <br />constitute Refunded Obligations under this Ordinance and carrying out the other procedures <br />specified in this Ordinance, including determining the date of the Bonds, any additional or different <br />designation or title by which the Bonds shall be known, the price at which the Bonds will be sold, <br />the years in which the Bonds will mature, the principal amount to mature in each of such years, the <br />aggregate principal amount of Current Interest Bonds and Premium Compound Interest Bonds, the <br />rate or rates of interest to be borne by each such maturity, the interest payment periods, the dates, <br />price, and terms upon and at which the Bonds shall be subject to redemption prior to maturity at the <br />option of the City, as well as any mandatory sinking fund redemption provisions, and all other <br />matters relating to the issuance, sale, and delivery of the Bonds and the refunding of the Refunded <br />Obligations, all of which shall be specified in the Pricing Certificate; provided that (i) the price to <br />be paid for the Bonds shall not be less than 90% of the aggregate original principal amount thereof <br />plus accrued interest thereon from its date to its delivery, (ii) none of the Bonds shall bear interest <br />at a rate, or yield in the case of Premium Compound Interest Bonds, greater than the maximum <br />authorized by law, and (iii) the refunding must produce a net present value debt service savings of <br />at least 3.0% of the principal amount of the Refunded Obligations, net of any City contribution. In <br />establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establish an <br />amount not to exceed the amount authorized in Section 3, which shall be sufficient to provide for <br />the purposes for which the Bonds are authorized and to pay the costs of issuing the Bonds. <br />In satisfaction of Section 1201.022(x)(3), Texas Government Code, the City Council <br />determines that the delegation of the authority to the Pricing Officer to approve the final terms and <br />conditions of each Series of the Bonds as set forth in the Ordinance is, and the decisions made by <br />the Pricing Officer pursuant to such delegated authority and incorporated in the Pricing Certificate <br />will be, in the best interests and shall have the same force and effect as if such determination were <br />made by the City Council and the Pricing Officer is hereby authorized to make and include in a <br />Pricing Certificate an appropriate finding to that effect. <br />(c) To achieve advantageous borrowing costs for the City, the Bonds shall be sold on a <br />negotiated, placement or competitive basis as determined by the Pricing Officer in the Pricing <br />Certificate. In determining whether to sell the Bonds by negotiated, placement or competitive sale, <br />the Pricing Officer shall take into account any material disclosure issues which might exist at the <br />time, the market conditions expected at the time of the sale and any other matters which, in the <br />judgment of the Pricing Officer, might affect the net borrowing costs on the Bonds. <br />San Marcos GORB 2012 - Delegated: Ordinance 3 <br />
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