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2000-012-ORD AUTHORIZING ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2000
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2000-012-ORD AUTHORIZING ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2000
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8/18/2006 4:37:05 PM
Creation date
3/30/2001 2:24:17 PM
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CITY CLERK
Doc Name
2000
Doc Type
Ordinance
CITY CLERK - Date
2/28/2000
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<br />Section 15. ALLOCATION OF,AND LIMITATION ON,EXPENDITURES FOR THE <br />PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment <br />earnings to be used for the purposes described in Section 16 of this Ordinance (the "Project") on its <br />books and records in accordance with the requirements of the Internal Revenue Code. The Issuer <br />recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the <br />proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the <br />expenditure is made, or (2) the Project is completed; but in no event later than three years after the <br />date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes <br />that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or <br />investment earnings must be expended no more than 60 days after the earlier of (1) the fifth <br />anniversary of the delivery of the Certificates of Obligation, or (2) the date the Certificates of <br />Obligation are retired. The Issuer agrees to obtain the advice of nationally-recognized bond counsel <br />if such expenditure fails to comply with the foregoing to assure that such expenditure will not <br />adversely affect the tax-exempt status of the Certificates of Obligation. For purposes hereof, the <br />Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure <br />to comply will not adversely affect the excludability for federal income tax purposes from gross <br />income of the interest. <br /> <br />Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property <br />constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt <br />by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally- <br />recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt <br />status of the Certificates of Obligation. For purposes of the foregoing, the portion of the property <br />comprising personal property and disposed in the ordinary course shall not be treated as a transaction <br />resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be <br />obligated to comply with this covenant if it obtains an opinion that such failure to comply will not <br />adversely affect the excludability for federal income tax purposes from gross income of the interest. <br /> <br />Section 17. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall <br />provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year <br />ending in or after 2000, financial information and operating data with respect to the Issuer of the <br />general type included in the final Official Statement authorized by Section 18 of this Ordinance, <br />being the information described in Exhibit A. Any financial statements so to be provided shall be <br />prepared in accordance with the accounting principles described in Exhibit A thereto, or such other <br />accounting principles as the Issuer may be required to employ from time to time pursuant to state <br />law or regulation, and audited, if the Issuer commissions an audit of such statements and the audit <br />is completed within the period during which they must be provided. If the audit of such financial <br />statements is not complete within such period, then the Issuer shall provide audited financial <br />statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report <br />on such statements become available. <br /> <br />(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the <br />change (and of the date of the new fiscal year end) prior to the next date by which the Issuer <br /> <br />28 <br />
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