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CC PACKET 12112012
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CC PACKET 12112012
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7/30/2015 9:35:14 AM
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4/30/2014 4:42:10 PM
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City Council
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City Code Chapter Amendment
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47 <br />money on hand in the Bond Fund should at any time be insufficient for the payment of principal <br />and interest then due, this City shall pay the principal and interest out of any fund of the City, <br />and such other fund or funds shall be reimbursed therefor when sufficient money is available to <br />the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the <br />available net revenues of the Utility on hand and estimated to be received before the end of the <br />following calendar year is not sufficient with any ad valorem taxes heretofore levied in <br />accordance with the provisions of this resolution, to pay when due all principal and interest to <br />become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund <br />has incurred a deficiency in the manner provided in this Section 4.04, a direct, irrepealable, ad <br />valorem tax shall be levied on all taxable property within the corporate limits of the City for the <br />purpose of restoring such accumulated or anticipated deficiency in an amount at least 5% in <br />excess of amount needed to make good the deficiency. <br />Section 5. Defeasance. When all of the Bonds have been discharged as provided in <br />this section, all pledges, covenants and other rights granted by this resolution to the holders of <br />the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which <br />are due on any date by depositing with the Registrar on or before that date a sum sufficient for <br />the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be <br />discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with <br />interest accrued from the due date to the date of such deposit. The City may also discharge its <br />obligations with respect to any prepayable Bonds called for redemption on any date when they <br />are prepayable according to their terms, by depositing with the Registrar on or before that date an <br />amount equal to the principal, interest and redemption premium, if any, which are then due, <br />provided that notice of such redemption has been duly given as provided herein. The City may <br />also at any time discharge its obligations with respect to any Bonds, subject to the provisions of <br />law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, <br />with a bank qualified by law as an escrow agent for this purpose, cash or securities which are <br />authorized by law to be so deposited, bearing interest payable at such time and at such rates and <br />maturing or callable at the holder's option on such dates as shall be required to pay all principal, <br />interest and redemption premiums to become due thereon to maturity or said redemption date. <br />Section 6. County Auditor Registration, Certification of Proceedings, Investment of <br />Money, Arbitrage and Official Statement. <br />6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to <br />file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey <br />Counties, together with such other information as the County Auditors shall require, and to <br />obtain from each County Auditor a certificate that the Bonds have been entered on his bond <br />register and the taxes described in Section 5.07 hereof have been levied as required by law. <br />6.02. Certification of Proceedings. The officers of the City and the County Auditors of <br />Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the <br />Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all <br />proceedings and records of the City, and such other affidavits, certificates and information as <br />may be required to show the facts relating to the legality and marketability of the Bonds as the <br />same appear from the books and records under their custody and control or as otherwise known <br />-13- <br />
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