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2005-01-03
CITY-OF-BATESVILLE
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2005-01-03
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"Net Proceeds" means the face amount of the Series 2005 <br /> Bonds, plus accrued interest and premium, if any, less original <br /> issue discount, if any. <br /> "Private Business Use" means use directly or indirectly <br /> in a trade or business carried on by a natural person or in any <br /> activity carried on by a person other than a natural person, <br /> excluding, however, use by a state or local governmental unit and <br /> use as a member of the general public . <br /> The City agrees that, so long as the Series 2005 Bonds <br /> are outstanding, it will comply with the regulations of the United <br /> States Treasury pertaining to "output facilities" (presently <br /> §1 . 141-2 and following) . Without limiting the generality of the <br /> foregoing, the City has not, subsequent to September 19, 2002 , and <br /> the City will not, except upon receiving an opinion of counsel of <br /> national reputation with regard to the exemption from income tax of <br /> interest on state and local government obligations ( "Bond Counsel" ) <br /> to the effect that the exemption of interest on the Series 2005 <br /> Bonds will not be adversely affected thereby, (a) enter into any <br /> contract for the providing of water or (b) enter into any amendment <br /> of any contract (regardless of when originally entered into) for <br /> the providing of water. <br /> (c) The Series 2005 Bonds are hereby designated as <br /> "qualified tax-exempt obligations" within the meaning of Section <br /> 4W265 of the Code . The City represents and covenants that it does <br /> not expect that the aggregate principal amount of its qualified <br /> tax-exempt obligations (excluding "private activity bonds" within <br /> the meaning of Section 141 of the Code which are not "qualified <br /> 501 (c) (3) bonds" within the meaning of Section 145 of the Code) , <br /> including those of its subordinate entities, to be issued in the <br /> current calendar year will exceed $10 , 000, 000 . <br /> (d) The City covenants that the City will either (1) <br /> comply with the provisions of regulations issued under the Code <br /> with regard to the eighteen-month expenditure schedule for proceeds <br /> of the Series 2005 Bonds (together with any earnings thereon) (the <br /> "Proceeds" ) or (2) comply with the regulations with regard to <br /> computation of rebate owed to the United States and the making of <br /> rebate payments, as advised in writing by Bond Counsel . In order <br /> to comply with the eighteen-month expenditure schedule, the City <br /> shall expend proceeds within the following periods (commencing with <br /> the date of issuance of the Series 2005 Bonds) : <br /> (x) at least 15% of proceeds within six months; <br /> (y) at least 60% of proceeds within twelve months; <br /> (z) 100% of proceeds within eighteen months . <br /> (e) The City covenants that it will take no action which <br /> (w would cause the Series 2005 Bonds to be "federally guaranteed" <br /> within the meaning of Section 149 (b) of the Code; specifically, (A) <br /> 10 <br />
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