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Resolution 2009-012
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Resolution 2009-012
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type of operations conducted by the Issuer, or (b) is required by, or better complies with, the <br />provisions of paragraph (d)(2) of the Rule; (ii) this section as so amended or supplemented <br />would have complied with the requirements of paragraph (d)(2) of the Rule at the time of the <br />primary offering of the Bonds, giving effect to any change in circumstances applicable under <br />clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment <br />or supplement was in effect at the time of the primary offering; and (iii) such amendment or <br />supplement does not materially impair the interests of the Bondowners, under the Rule. This <br />section is entered into to comply with, and should be construed so as to satisfy the requirements <br />of, paragraph (d)(2) of the Rule. <br />Section 7. Certification of Proceedings and Redemption of Refunded Bonds. <br />7.01. Registration of Bonds. The City Administrator is hereby authorized and <br />directed to file a certified copy of this resolution with the County Auditor of Washington County <br />and obtain a certificate that the Bonds have been duly entered upon the County Auditor's bond <br />register and the tax required by law has been levied. <br />7.02. Authentication of Transcript. The officers of the Issuer and the County <br />Auditor are hereby authorized and directed to prepare and famish to the Purchaser and to Dorsey <br />& Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the <br />Bonds and such other affidavits, certificates and information as may be required to show the <br />facts relating to the legality and marketability of the Bonds, as the same appear from the books <br />and records in their custody and control or as otherwise known to them, and all such certified <br />copies, affidavits and certificates, including any heretofore famished, shall be deemed <br />representations of the Issuer as to the correctness of all statements contained therein. <br />7.03. Redemption of Refunded Bonds. The Finance Director is hereby directed <br />to advise U.S. Bank National Association, in St. Paul, Minnesota, as paying agent for the <br />Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the respective <br />redemption dates using the form attached hereto, all in accordance with the provisions of the <br />resolutions authorizing the issuance of the Refunded Bonds. <br />Upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith <br />and the following voted against the same: <br />whereupon the resolution was declared duly passed and adopted <br />NX <br />
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