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• <br />• <br />SECURITY AND PURPOSE <br />The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and <br />power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's <br />water utility fund. The proceeds of the Bonds will be used to finance Water Tower 43 located within the <br />City. <br />BANK QUALIFIED TAX-EXEMPT OBLIGATIONS <br />The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of <br />the Internal Revenue Code of 1986, as amended. <br />BIDDING PARAME I ERS <br />Proposals shall be for not less than S4,737.600 plus accrued interest, if any. on the total principal amount <br />of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the <br />Sale Date unless the meeting of the City scheduled for award of the Bonds is adjourned. recessed. or <br />continued to another date without award of the Bonds having been made. Rates shall be in integral multiples <br />of 11100 or 1/8 of 1%. The initial price to the public for each maturity as stated on the proposal must be <br />98.0% o or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date <br />of maturity. No conditional proposals will be accepted. <br />ESTABLISHMENT OF ISSUE PRICE <br />In order to provide the City with information necessary for compliance with Section 148 of the Internal <br />Revenue Code of 1986. as amended, and the Treasury Regulations promulgated thereunder (collectively. <br />the "Code"). the Purchaser will be required to assist the City in establishing the issue price of the Bonds <br />and shall complete. execute, and deliver to the City prior to the closing date. a written certification in a form <br />acceptable to the Purchaser. the City. and Bond Counsel (the "Issue Price Certificate") containing the <br />following for each maturity of the Bonds (and, if different interest rates apply within a maturity, to each <br />separate CUSIP number within that maturity): (i) the interest rate: (ii) the reasonably expected initial <br />offering price to the "public" (as said term is defined in Treasury Regulation Section 1.148-1(0 (the <br />"Regulation")) or the sale price: and (iii) pricing wires or equivalent communications supporting such <br />offering or sale price. [However, such Issue Price Certificate may indicate that the Purchaser has purchased <br />the Bonds for its own account in a capacity other than as an underwriter or wholesaler. and currently has <br />no intent to reoffer the Bonds for sale to the public.] Any action to be taken or documentation to be received <br />by the City pursuant hereto may be taken or received on behalf of the City by Baker Tilly MA. <br />The City intends that the sale of the Bonds pursuant to this Terms of Proposal shall constitute a "competitive <br />sale" as defined in the Regulation based on the following: <br />(i) the City shall cause this Terms of Proposal to be disseminated to potential bidders in a <br />manner that is reasonably designed to reach potential bidders; <br />(ii) all bidders shall have an equal opportunity to submit a bid; <br />(iii) the City reasonably expects that it will receive bids from at least three bidders that have <br />established industry reputations for underwriting municipal bonds such as the Bonds: and <br />(iv) the City anticipates awarding the sale of the Bonds to the bidder who provides a proposal <br />with the lowest true interest cost, as set forth in this Terms of Proposal (See "AWARD" <br />herein). <br />Any bid submitted pursuant to this Terms of Proposal shall be considered a firm offer for the purchase of <br />the Bonds, as specified in the proposal. The Purchaser shall constitute an -underwriter" as said term is <br />defined in the Regulation. By submitting its proposal, the Purchaser confirms that it shall require any <br />agreement among underwriters. a selling group agreement. or other agreement to which it is a party relating <br />to the initial sale of the Bonds. to include provisions requiring compliance with the provisions of the Code <br />and the Regulation regarding the initial sale of the Bonds. <br />A-4 <br />