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2020.10.05 RESO 2020-57 Award of GO Bond
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2020.10.05 RESO 2020-57 Award of GO Bond
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10/29/2020 3:12:26 PM
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City Council
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Resolutions
Meeting Date
10/5/2020
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12831294v1 <br /> <br /> 17 <br /> <br />states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement <br />Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional <br />description of the property, project or program to which the Declaration relates and for which the <br />Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the <br />general functional purpose thereof from which the Reimbursement Expenditure was to be paid <br />(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be <br />issued by the City for the purpose of financing the Project; provided, however, that no such <br />Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for <br />the Project, defined in the Reimbursement Regulations to include engineering or architectural, <br />surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not <br />exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of <br />Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the <br />proceeds of the Bonds. <br />(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of <br />the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the <br />Reimbursement Regulations. <br />(c) The "reimbursement allocation" described in the Reimbursement Regulations for <br />each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) <br />the issuance of the Bonds and in all events within the period ending on the date which is the later <br />of three years after payment of the Reimbursement Expenditure or one year after the date on <br />which the Project to which the Reimbursement Expenditure relates is first placed in service. <br />(d) Each such reimbursement allocation will be made in a writing that evidences the <br />City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 <br />days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. <br />Provided, however, that the City may take action contrary to any of the foregoing <br />covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating <br />in effect that such action will not impair the tax-exempt status of the Bonds. <br />19. General Obligation Pledge. For the prompt and full payment of the principal and <br />interest on the Bonds, as the same respectively become due, the full faith, credit and taxing <br />powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt <br />Service Account is ever insufficient to pay all principal and interest then due on the Bonds and <br />any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds <br />of the City which are available for such purpose, and such other funds may be reimbursed with <br />or without interest from the Debt Service Account when a sufficient balance is available therein. <br />20. Certificate of Registration. A certified copy of this resolution is hereby directed <br />to be filed with the County Auditor of Washington County, Minnesota, together with such other <br />information as the County Auditor shall require, and to obtain the County Auditor's Certificate <br />that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy <br />required by law has been made. <br />21. Records and Certificates. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
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