Minutes 09/28/1999 - Laserfiche WebLink

Home Browse Search

September 28, 1999 The Bonds are designated as qualified zone academy bonds for purposes of Section 1397E of the Tax Code. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, on the Bonds. The Council is authorized to and shall levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes authorized or limited by law, and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. Each reference to the payment of the Bonds and the security therefor shall be deemed to include the City's payment obligations under the Funding Agreement. The Bonds shall be dated such date as shall be determined by the City Manager, shall be issued in fully registered form in denominations of $5,000 each or whole multiples thereof (except for a single denomination of less than $5,000), and may be issued at one time or from time to time in a single or multiple series (with appropriate series designations). The Bonds of any series shall be numbered from R-1 upward consecutively. The Bonds shall be issued in such principal amount and shall mature in such amounts and on such dates as may be determined by the City Manager; provided that (i) the original aggregate principal amount of the Bonds shall not exceed $5,950,764.00, (ii) the true interest cost of any series of the Bonds shall not exceed zero percent (0%) per annum thereof, and (iii) the final maturity of any series of Bonds shall not exceed the maximum term provided for in Section 1397E(d)(3) of the Tax Code. For purposes of the preceding sentence, "true interest cost" shall be determined without regard to any interest to be paid to provide yield protection to Wachovia or its successors and assigns in the event of a change in tax law, the failure by the City or the School Board to comply with tax law or as a result of construction or sinking fund investment rate shortfalls, all as provided in the Funding Agreement. The Bonds shall be in substantially the form filed with the City's official records as described above, with such appropriate variations, omissions and insertions as are permitted or required by this resolution. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Bonds will be subject to optional and mandatory redemption as provided in the Funding Agreement. The City Manager is authorized and directed to execute the Bonds. The Clerk of the Council is authorized and directed to affix the seal of the City to each series of the Bonds and to attest the seal. The manner of execution, attestation and affixation of the seal may be by facsimile; provided, however, that if the signatures of the City Manager and the Clerk are all by facsimile, the Bonds will not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. The City Manager's approval or determination of the details and provisions of the Bonds that he has been authorized and/or directed to approve under this resolution shall be evidenced conclusively by his execution and delivery of the Bonds on the City's behalf. The City Manager is authorized to sell the Bonds to Wachovia in accordance with the terms and conditions set forth in the Commitment Letter and the Funding Agreement. The Commitment Letter, the Funding Agreement and the Tax Compliance Agreement are hereby approved. The City Manager and the Deputy City Manager for Finance of the City, either of whom may act, are authorized to execute and deliver on behalf of the City and, if required, the Clerk of the Council is authorized to affix and attest the seal of the City to the Commitment Letter, the Funding Agreement and the Tax Compliance Agreement in substantially the forms filed with the City's official records is described above, with such changes, insertions or omissions as may be approved by the City Manager or the Deputy City Manager for Finance of the City, whose approval shall be evidenced conclusively by the execution and delivery of the Commitment Letter, the Funding Agreement and the Tax Compliance Agreement.