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06-24-13 Council Packet
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06-24-13 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/24/2013
Council Meeting Type
Regular
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<br />426203v1 SJB LN140 -110 5 <br />Administra tor, provided that all signatures may be printed, engraved or lithographed facsimiles of the <br />originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to <br />be such officer before the delivery of any Bond, that si gnature or facsimile will nevertheless be valid and <br />sufficient for all purposes, the same as if the officer had remained in office until delivery. <br />Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any <br />se curity or benefit under this Resolution unless and until a certificate of authentication on the Bond has <br />been duly executed by the manual signature of an authorized representative of the Registrar. Certificates <br />of authentication on different Bonds need no t be signed by the same representative. The executed <br />certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered <br />under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City <br />Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance <br />with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the <br />application of the purchase price. <br /> <br /> 2.06. T emporary Bonds . The City may elect to deliver in lieu of printed definitive Bonds one <br />or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto <br />with such changes as may be necessary to reflect more than one matur ity in a single temporary bond. <br />Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and <br />cancelled. <br /> <br /> Section 3. Form of Bond . <br /> <br /> 3.01. Execution of Bonds . The Bonds will be printed or typewritten in substanti ally the form <br />attached hereto as EXHIBIT B. <br /> <br /> 3.02. Approving Legal Opinion . The City Administrator is authorized and directed to obtain a <br />copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, <br />which will be c omplete except as to dating thereof and cause the opinion to be printed on or accompany <br />each Bond. <br /> <br /> Section 4. Payment; Security; Pledges and Covenants . <br /> <br /> 4.01. Debt Service Fund . The Bonds are payable from the Taxable General Obligation <br />Improvement Bond s, Series 2013A Debt Service Fund (the “Debt Service Fund”) hereby created , and the <br />proceeds of special assessments levied or to be levied (the “Assessments”) for the Improvements <br />described in Section 1.01 together with taxes levied under Section 4.04 here of (the “Taxes”) are hereby <br />pledged to the Debt Service Fund . If a payment of principal or interest on the Bonds becomes due when <br />there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director will pay the <br />principal or intere st from the general fund of the City, and the general fund will be reimbursed for those <br />advances out of the proceeds of Assessments and Taxes when collected . There is hereby appropriated to <br />the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any; (i i ) any amount over <br />the minimum purchase price of the Bonds paid by the Purchaser , to the extent deposited therein, in <br />accordance with Section 1.03; and (ii i ) the accrued interest paid by the Purchaser upon cl osing and <br />delivery of the B onds . <br /> <br /> 4.02. Construction Fund . The proceeds of the Bonds, less the appropriations made in <br />Section 4.01 , together with any other funds appropriated for the Improvements and Assessments and <br />Taxes collected during the construction of the Improvements , will be deposited in a separate construction <br />fund (the “Construction Fund ”) to be used solely to defray expenses of the Improvements and the <br />payment of principal and interest on the Bonds prior to the completion and payment of all costs of the <br />Improvement s . A ny balance remaining in the C onstruction F und after completion of the Improvements
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