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<br />exceed Five Million Dollars ($5,000,000). The Bonds shall bear interest at a true interest cost of <br />not more than eight percent per annum, and shall mature over a period of approximately ten years. <br />The City Manager, the Finance Director, or the person designated in writing by the City Manager <br />to act under this Resolution (the "City Official") may, on behalf of the City and without further <br />action by the City Council: <br /> <br />11. 1. Authorize the preparation of, deem final, and distribute a preliminary official <br />statement for the 1996 Series N Bonds, and approve and deliver a final official statement for the <br />1996 Series N Bonds; <br /> <br />11.2. Determine whether the 1996 Series N Bonds will be sold on competitive bid <br />or by negotiated sale, and publish a notice of sale and award the sale of the 1996 Series N Bonds <br />to the most favorable bidder or select an underwriter, negotiate the terms of the sale of the 1996 <br />Series N Bonds to the underwriter, and enter into and agreement to sell the 1996 Series N Bonds <br />to the underwriter; <br /> <br />11.3. Enter into an agreement to provide continuing financial disclosure for the <br />benefit of the owners of the 1996 Series N Bonds in accordance with the applicable rules of the <br />United States Securities and Exchange Commission; <br /> <br />11.4. Establish tpe final principal amount, maturity schedule, interest rates, <br />redemption provisions and other terms of the Bonds, consistent with the limitations established by <br />this Resolution; <br /> <br />11.5. Establish the price and other terms under which the DEQ Obligations will be <br />sold to the DEQ, enter into an Agreement with the DEQ and issue and deliver the DEQ <br />Obligations; <br /> <br />11.6. report the results of the sale of the 1996 Series N Bonds to the Council~ and, <br /> <br />11.7. execute and deliver any certificates or other documents, and take any other <br />action, including the appointment of a paying agent, which is desirable in order to issue, sell and <br />deliver the 1996 Series N Bonds and the DEQ Obligations in accordance with this Resolution. <br /> <br />Section 12. Tax Exemption. <br /> <br />The City covenants for the benefit of the Owners of the Bonds to comply with all <br />provisions of the Code which are required for Interest on the Bonds to be excludable from gross <br />income under the Code. The City makes the following specific covenants: <br /> <br />12. 1. The City will not take any action or omit any action if it would cause the <br />Bonds to become "arbitrage bonds" under Section 148 of the Code, and shall pay all penalties and <br />rebates to the United States which are required by Section 148(f) of the Code. <br /> <br />12.2. The City shall operate the facilities financed with the Bonds, and use the <br />proceeds of the Bonds, so that the Bonds are not "private activity bonds" within the meaning of <br />Section 141 of the Code. <br /> <br />Page 7 - Resolution <br /> <br />J :\HWR \ClTIES\EUGENE\SAB96\SAB96RES. DOC <br />