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HomeMy WebLinkAboutC.054.93009_0087Uig APR 7 ? 1993 Section 5. The form, terms and provisions of the Bond Purchase Agreement, dated as of April 22, 1993 (the "Bond Purchase Agreement"), by and between Alex. Brown & Sons Incorporated (the "Underwriter") and the Local Government Commission of North Carolina (the "LGC") are hereby approved in all respects and the Chairman of the Board, the County Manager or the Director of Finance and Administrative Services of the county is hereby authorized and directed to approve, by execution and delivery, the Bond Purchase Agreement, in substantially the form presented to this meeting, together with such changes, modifications, insertions and deletions as he or she, with the advice of counsel, may deem necessary and appropriate; such execution and delivery shall be conclusive evidence of the approval and authorization thereof by the County. Section 6. The Board hereby approves the action of the LGC in awarding the Series 1993 Bonds to the Underwriter at the price of $3,687,538.55 (which price represents the principal amount of the Series 1993 Bonds ($3,770,000) less an Underwriter's discount of $60,885.50 and less original issue discount of $21,575.95) plus accrued interest on the Series 1993 Bonds from April 15, 1993 to the date of the delivery of the Series 1993 Bonds. Section 7. The Board hereby approves and ratifies the use and distribution of the Preliminary Official statement, in connection with the sale of the Series 1993 Bonds, and the Official Statement n connection with the sale of the Series 1993 Bonds, in substantially the form of the Preliminary Official Statement, with such changes as are necessary to reflect the Sinking Fund Requirements, redemption provisions, maturities and interest rates of the Series 1993 Bonds, and the Chairman of the Board, the County Manager or the Director of Finance and Administrative Services of the County is hereby authorized to execute the Official Statement in substantially such form, together with such changes, modifications and deletions as he or she, with the advice of counsel, may deem necessary and appropriate; such execution shall be conclusive evidence of the approval thereof by the County, the County hereby approves and authorizes the distribution and use of copies of the Official Statement by the Underwriter in connection with the sale of the Series 1993 Bonds. Section B. The proceeds of the series 1993 Bonds, including accrued interest, shall be applied as follows: (1) an amount of such process equal to the Debt Service Reserve Fund Requirement (as hereinafter defined) shall be deposited to the credit of the Series 1993 Account in the Debt Service Reserve Fund which Account is hereby established. (2) all moneys received as accrued interest on the Series 1993 Bonds shall be deposited to the credit of the Interest Account; and (3) the balance of such proceeds shall be deposited to the credit of the Series 1993 Subaccount in the Construction Account which Subaccount is hereby established and shall be held in trust for the sole and exclusive purpose of paying the Cost of the Additional Improvements. "Debt Service Reserve Fund Requirement" shall mean, as of any particular date of calculation, with respect to the Series 1993 Bonds, an amount equal to the least of (i) the maximum principal and interest on the Series 1993 Bonds then Outstanding payable int he Bond Year, (ii) one hundred twenty-five percent (125%) of the Series 1993 Bonds then outstanding and (iii) ten percent (10%) of the originally issued aggregate principal amount of the Series 1993 Bonds. Section 9. First -Citizens Bank & Trust Company, Raleigh, North Carolina is hereby appointed Bond registrar for the Series I