Laserfiche WebLink
<br />. <br /> <br />Section 4. <br /> <br />Execution and Delivery <br /> <br />4.01. The Bonds shall be executed by the respective facsimile signatures of <br />Mayor and the City Clerk-Administrator as set forth in the form of Bond. The seal <br />of the Issuer may be omitted from the Bonds as permitted by law. The text of the <br />approving legal opinion of Holmes de Graven, Chartered, of Minneapolis, Minnesota, <br />as bond counsel, shall be printed on the reverse side of each Bond and shall be <br />certified by the facsimile signature of the City Clerk-Administrator. When said <br />Bonds shall have been duly executed and authenticated by the Registrar in <br />accordance with this resolution, the same shall be delivered to the Purchaser upon <br />payment of the purchase price, and the receipt of the City Clerk-Administrator <br />delivered to the Purchaser thereof shall be a full acquittance; and the Purchaser <br />shall not be bound to see to the application of the purchase money. The Bonds shall <br />not be valid for any purpose until authenticated by the Registrar. <br /> <br />4.02. The Official Statement relating to the Bonds, on file with the City <br />Clerk-Administrator presented to this meeting, is hereby approved, and the <br />furnishing thereof to prospective bidders for the Bonds is hereby ratified and <br />confirmed, insofar as the same relates to the Bonds and the sale thereof. <br /> <br />. <br /> <br />4.03. If such officers find the same to be accurate, the Mayor and the City <br />Clerk-Administrator are authorized and directed to furnish to the Purchaser at the <br />closing a certificate' that, to the best of the knowledge of such officers, the <br />Official Statement does not, at the date of closing, and did not, at the time of sale <br />of the Bonds, contain any untrue statement of a material fact or omit to state any <br />material fact necessary in order to make the statements made therein, in the light <br />of the circumstances under which they were made, not misleading. Unless <br />litigation shall have been commenced and be pending questioning the Bonds, <br />revenues pledged for payments of the bonds, or the organization of the Issuer or <br />incumbency of its officers, at the closing, the Mayor and the City Clerk- <br />Administrator shall execute and deliver to the successful bidder a suitable <br />certificate as to absence of material litigation, and a certificate as to payment for <br />and delivery of the Bonds, with the signed approving legal opinion of Holmes de <br />Graven, Chartered, as to the validity and enforceability of the Bonds. <br /> <br />Section 5. <br /> <br />Bond Fund and Accounts, Appro!)riations, Pledge. <br /> <br />5.01. There is hereby created a special fund of the Issuer designated <br />"Taxable General Obligation Tax Increment Bonds, Series 1989C Fund" (the "Bond <br />Fund") held and administered by the City Finance Director separate and apart from <br />all other Funds of the Issuer. The Bond Fund shall be maintained in the manner <br />specified until all of the Bonds herein authorized, any refunding bonds issued to <br />refund the Bonds, and any other general obligation tax increment bonds hereafter <br />issued and made payable from the Bond Fund, and the interest thereon, have been <br />fully paid and the Issuer has been fully reimbursed from the pledge of tax <br />increment for any of the principal and interest of the Bonds paid by the Issuer from <br />general ad valorem taxes levied on property in the Issuer. In the Fund there shall <br />be maintained two separate accounts, to be designated as the "Capital Account" <br />and the "Debt Service Account," respectively. <br /> <br />. <br /> <br />Capital Account. The proceeds from the sale of the Bonds, less the amount <br />of the proceeds of the Bonds deposited in the Debt Service Account, and less any <br />accrued interest received thereon, shall be credited to the Capital Account, from <br /> <br />8 <br />