| (ii) certifications of incumbency for city secretaries,
county clerks, and other officers customarily certifying incumbencies,
which certifications may be made by the presiding officer of the governing
body of the issuer or, in his or her absence, any other member of
the governing body; and
(H) at the discretion of the issuer, any other certifications
required by this chapter;
(5) Purchase Agreement. For negotiated sales, executed
original of any purchase agreement relating to the sale of the proposed
public securities;
(6) Bid Form. For competitive sales, evidence of the
winning bid form;
(7) Insurance. For financings for which insurance is
obtained:
(A) a copy of the insurance commitment letter, executed
by the insurer, if applicable;
(B) certified proceedings authorizing the insurance,
which may be in the ordinance, order or resolution authorizing the
public securities;
(C) if a statement of insurance is to be printed on
the public securities, express authorization by the issuer in the
ordinance, order or resolution authorizing the public securities or
pricing certificate; and
(D) in the case of any agreement entered into with
the insurer, if the agreement constitutes an authorized credit agreement
pursuant to Chapter 1371 of the Government Code, submission of the
proceedings authorizing the agreement;
(8) Offering Document. An official statement or other
offering document; if a preliminary official statement is initially
provided, a final official statement is to be provided prior to approval
by the Office of the Attorney General;
(9) Affidavit of Publication. An affidavit of publication,
executed by a representative of the newspaper, establishing that the
newspaper meets the requirements under state law with a copy of a
clipping of the published material attached;
(10) Paying Agent/Registrar Agreement. The paying agent/registrar
agreement in substantially final form;
(11) Acknowledgment of Special Meeting. Acknowledgment
of timely receipt of notice of a special meeting signed by each member
of the issuer's governing body who failed to attend the meeting of
the governing body at which a transcript document was approved;
(12) Certification of Official Actions. A certificate
for each action taken by the governing body relating to the issuance
of the proposed public securities, executed by the custodian of records
of the governmental body, indicating presence of appropriate quorum,
type of meeting (special, regular, or emergency), introduction and
adoption of the action and the number of votes for, against, and abstaining.
Such actions must be certified as true and correct copies of originals
on file in the body's official minutes and all meetings at which such
actions have been taken must be certified as having been held in full
compliance with Chapter 551 of the Government Code;
(13) Signature Identification and No-Litigation Certificate.
An undated signature identification and no-litigation certificate
signed by the officers who executed the proposed public securities
that complies with the following requirements:
(A) signatures shown on the certificate must substantially
conform to the signatures on the proposed public securities;
(B) signatures must be certified as genuine by a bank
or acknowledged by a notary public;
(C) certificate must include certification confirming
that no litigation is pending or to the best of the knowledge of the
issuer, threatened, against the issuer seeking to restrain or enjoin
the issuance of the public securities, questioning the issuance or
sale of the public securities or the authority or action of the governing
body relating to the issuance or sale of the public securities, or
the levy of taxes or collection of revenues or the pledge of taxes
or revenues to the principal of and interest on the securities, as
appropriate, or materially affecting the assessment or collection
of taxes to pay the principal of and interest on the public securities,
when appropriate; and that neither the corporate existence or boundaries
of the issuer nor the right to hold office of any member of the governing
body of the issuer or any other elected or appointed official of the
issuer is being contested or otherwise questioned; and
(D) authorization for the Office of the Attorney General
to insert the date of the approving opinion on the certificate must
be provided, along with a representation that the issuer will notify
the Office of the Attorney General by phone if it becomes aware of
any changes with respect to any representation in the certificate
or any transcript document to which the issuer is a party that occur
between the date of the approving opinion and the date of closing;
(14) Reimbursement of Expenditures. If applicable,
documentation evidencing intent to use the public security proceeds
to reimburse the issuer for its prior expenditures;
(15) Bond Review Board Information. Bond Review Board
information required by §1202.008 of the Government Code along
with an additional copy of the official statement; and
(16) Election Proceedings. Certified election proceedings
as provided in §53.14 of this subchapter.
(b) Execution of Documents. All certificates must be
originally signed and, if required, sealed. All issuer contracts providing
security or otherwise affecting the marketing or terms of public securities
and governmental orders must either be originally signed and, if required,
sealed, or legible copies certified to be true and correct copies.
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