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10-14-1992 Council Agenda
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10-14-1992 Council Agenda
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any of the Bonds or the interest thereon, nor to enforce <br />payment thereof against any property of the City; the Bonds <br />shall not constitute a charge, lien or encumbrance, legal or <br />equitable, upon any property of the City (other than the <br />interest of the City in the Loan Repayments to be made by the <br />Corporation under the Loan Agreement); and each Bond issued <br />under the Indenture shall recite that such Bond, including <br />interest thereon, shall not constitute or give rise to a <br />charge against the general credit or taxing powers of the <br />City. <br />4. Approval and Execution of Documents. The forms of <br />Loan Agreement, Indenture, Bond Purchase Agreement, Guaranty, <br />Mortgage and Assignment, referred to in paragraph 2, are <br />approved. The Loan Agreement, Indenture and Bond Purchase <br />Agreement shall be executed in the name and on behalf of the City <br />by the Mayor and the City Administrator, or executed or attested <br />by other officers of the City, in substantially the fozm on file, <br />but with all such changes therein, not inconsistent with the Act <br />or other law, as may be approved by the officers executing the <br />same, which approval shall be conclusively evidenced by the <br />execution thereof, and then shall be delivered to the Trustee. <br />Modifications to the forms of Guaranty, Mortgage and Assignment <br />may be made at the discretion of the parties thereto. <br />5. Approval, Execution and Delivery of Bonds. The <br />City shall proceed forthwith to issue the Bonds, in an aggregate <br />principal amount of not to exceed $8,000,000, in the form and <br />upon the terms set forth in the Indenture, which terms are for <br />this purpose incorporated in this resolution and made a part <br />hereof; provided, however, that the initial aggregate principal <br />amount of and the maturities of the Bonds, the interest rates <br />thereon, and any provisions for the optional or mandatory <br />redemption thereof shall all be as set forth in the final form of <br />the Indenture to be approved, executed and delivered by the <br />officers of the City authorized to do so by the provisions of <br />this Resolution, which approval shall be conclusively evidenced <br />by such execution and delivery; and provided further that, in no <br />event, shall such maturities exceed 30 years or such rates of <br />interest produce a net interest cost in excess of 8.00% per <br />annum. The Underwriter has agreed pursuant to the provisions of <br />the Bond Purchase Agreement, and subject to the conditions <br />therein set forth, to purchase the Bonds at the purchase price <br />set forth in the Bond Purchase Agreement, and said purchase price <br />is hereby accepted. The Mayor, City Administrator and other City <br />officers are authorized and directed to prepare and execute the <br />Bonds as prescribed in the Indenture and to deliver them to the <br />Trustee, together with a certified copy of this Resolution and <br />the other documents required by Section 2.08 of the Indenture, <br />for authentication, registration and delivery to the Underwriter. <br />As provided in the Indenture, each Bond shall contain a recital <br />Page 14 <br />
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