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10-14-1992 Council Agenda
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10-14-1992 Council Agenda
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compel the exercise of the taxing power of the City to pay <br />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 form 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 $5,500,000 in the form and upon <br />the terms set forth in the Indenture, which terms are for this <br />purpose incorporated in this resolution and made a part hereof; <br />provided, however, that the initial aggregate principal amount of <br />and the maturities of the Bonds, the interest rates thereon, and <br />any provisions for the optional or mandatory redemption thereof <br />shall all be as set forth in the final form of the Indenture to <br />be approved, executed and delivered by the officers of the City <br />authorized to do so by the provisions of this Resolution, which <br />approval shall be conclusively evidenced by such execution and <br />delivery; and provided further that, in no event, shall such <br />maturities exceed 30 years or such rates of interest produce a <br />net interest cost in excess of 8.00% per annum. The Underwriter <br />has agreed pursuant to the provisions of the Bond Purchase <br />Agreement, and subject to the conditions therein set forth, to <br />purchase the Bonds at the purchase price set forth in the Bond <br />Purchase Agreement, and said purchase price is hereby accepted. <br />The Mayor, City Administrator and other City officers are <br />authorized and directed to prepare and execute the Bonds as <br />prescribed in the Indenture and to deliver them to the Trustee, <br />together with a certified copy of this Resolution and the other <br />documents required by Section 2.08 of the Indenture, for <br />authentication, registration and delivery to the Underwriter. As <br />Page 21 <br />
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