HomeMy Public PortalAbout11703PROPOSED O R D I N A N C E NO. 11703 _____
AN ORDINANCE relating to the marketing and sale of
wastewater system revenue bonds, series 2004a, of the metropolitan st.
Louis sewer district and authorizing certain actions and documents
relating thereto. AN ORDINANCE relating to the marketing and sale of
wastewater system revenue bonds, series 2004a, of The Metropolitan St.
Louis Sewer District and authorizing certain actions and documents
relating thereto.
1. WHEREAS, The Metropolitan St. Louis Sewer District
(the “District”), a body corporate, a municipal corporation and a political
subdivision duly organized and existing under the Constitution and laws
of the State of Missouri and the District’s Charter (Plan), as amended,
owns and operates a revenue producing sanitary sewer system (the
“System”), and.
2. WHEREAS, The District desires to enter into certain
transactions relating to the issuance and delivery of approximately
$175,000,000.00________ aggregate principal amount of Wastewater
System Revenue Bonds, Series 2004A (the “Bonds”), payable solely from
the revenues derived from the operation of the System, for the purpose of
making certain additions, extensions and improvements to the System.,
and
3.WHEREAS, Iin connection with the marketing and sale
of the Bonds, the District desires to authorize the preparation and
distribution of a Preliminary Official Statement regarding the Bonds (the
“Preliminary Official Statement”).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
NOW, THEREFORE, Be It Ordained by the Board of Trustees of The
Metropolitan St. Louis Sewer District, as follows:
Section 1.One. The Preliminary Official Statement is
hereby approved in substantially the form attached hereto as Exhibit "A",
with such changes and additions thereto as the Chairman of the Board
of Trustees of the District, the Executive Director or Acting Executive
Director of the District orand the Secretary-Treasurer of the District shall
deem necessary or appropriate, and the appropriate officers and
representatives of the District are hereby authorized to use such
document in connection with the marketing and public sale of the
Bonds.
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Section 2Two. For the purpose of enabling the original
purchasers of the Bonds (collectively, the “Original Purchasers”), for
whom Banc of America Securities LLC, acts as representative of the
original purchasers of the Bonds (the “Original Purchaser”), to comply
with the requirements of Rule 15c2-12(b)(1) of the Securities and
Exchange Commission, the appropriate officers of the District are hereby
authorized, if requested, to provide the Original PurchaserOriginal
Purchasers a letter or certification to the effect that the District deems
the information regarding the District contained in the Preliminary
Official Statement to be “final” as of its date, except for the omission of
such information as is permitted by Rule 15c2-12(b)(1), and to take such
other actions or execute such other documents as such officers in their
reasonable judgment deem necessary to enable the Original
PurchaserOriginal Purchasers to comply with the requirement of such
Rule.
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Section 3Three. The District agrees to provide to the
Original PurchaserOriginal Purchasers within seven business days of the
date of sale of the Bonds or within sufficient time to accompany any
confirmation that requests payment from any customer of the Original
PurchaserOriginal Purchasers, whichever is earlier, sufficient copies of
the final Official Statement to enable the Original PurchaserOriginal
Purchasers to comply with the requirements of Rule 15c2-12(b)(4) of the
Securities and Exchange Commission and with the requirements of Rule
G-32 of the Municipal Securities Rulemaking Board.
The foregoing Ordinance was adopted April 1, 2004
Section 4. This Ordinance shall take effect at the expiration
of fifteen (15) days after the date of its enactment.
THE METROPOLITAN ST.
LOUIS
SEWER DISTRICT
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By:
Chairman of the Board of
Trustees
(SEAL)
ATTEST:
Secretary-Treasurer
APPROVED AS TO FORM:
Randy E. Hayman, General Counsel
EXHIBIT A
PRELIMINARY OFFICIAL STATEMENT