86-7150R~6
RESOLUTION N0. 7150
RESOLUTION AWARDING THE SALE OF $2,525,000
GENERAL OBLIGATION STORM SEWER REVENUE BONDS,
SERIES 1986A; FIXING THEIR FORM AND SPECIFICATIONS;
.DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT.
BE IT RESOLVED By the City Council of the City of Richfield,
Minnesota, (City) as follows:
Section 1. Sale of Bonds.
1.01. The bid of Harris Trust & Savings Bank, Chicago (Purchaser) to
purchase $2,525,000 General Obligation Storm Sewer Revenue Bonds, Series
1986A (Bonds) of the City described in the Official Notice of Sale thereof
is hereby found and determined to be the highest and best bid received pur-
suant to duly advertised notice of sale and shall be and is hereby accept-
ed, the bid being to purchase the Bonds at a price of $2,480,004.55 plus
accrued interest to date of delivery, for Bonds bearing interest as fol-
lows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1988 5.00 1999 6.407
1989 5.15 2000 6.40
1990 5.30 2001 6.50
1991 5.45 2002 6.50
1992 5.60 2003 6.50
1993 5.75 2004 6.50
1994 5.90 2005 6.50
1995 6.00 2006 6.50
1996 6.10 2007 6.50
1997 6.20
1998 6.30
Net Effective Interest Rate: 6.50707
Reoffering Yield: 6.4850
The Finance Coordinator is directed to deposit the good faith check of the
Purchaser on behalf of the City pending completion of the sale and delivery
of the Bonds, and to return the checks of the unsuccessful bidders forth-
with. The sum of $4.55 being the amount offered by the Purchaser in excess
of $2,480,000 shall be credited to the Debt Service Account created by
Section 3. The sum of $155,000 representing capitalized interest shall be
credited to the Debt Service Account.
1.02. The City shall forthwith issue and sell the Bonds in the total
principal amount of $2,525,000, originally dated as of March 1, 1986, the
Bonds being in fully registered form and issued in the denomination of
$5,000 or any integral multiple thereof, numbered no. R-1 upward, bearing
interest as above set forth, and which Bonds mature serially on February 1
in the years and amounts as follows:
YEAR AMOUNT YEAR AMOUNT
1988 $60,000 1998 $120,000
1989 65,000 1999 125,000
1990 70,000 2000 135,000
1991 75,000 2001 150,000
1992 80,000 2002 160,000
1993 85,000 2003 170,000
1994 90,000 2004 185,000
1995 95,000 2005 200,000
1996 100,000 2006 215,000
1997 110,000 2007 235,000
Bonds maturing in the years 1993 through 2007 are subject to redemption and
prepayment, in whole or in part, at the election of the City, at their
principal amount and accrued interest to date of redemption plus a premium
expressed as a percentage of the principal amount to be redeemed for the
various redemption dates as follows:
Redemption Date Premium
February 1, 1992 and August 1, 1992 27
February 1, 1993 and August 1, 1993 1.57
February 1, 1994 and August 1, 1994 17
February 1, 1995 and August 1, 1995 .57
February 1, 1996 and thereafter none
If redemption is in part those bonds remaining unpaid which have the latest
maturity date will be prepaid first. If only a part of the bonds having a
common maturity date are called for prepayment, the specific bonds to be
prepaid will be chosen by lot by the Registrar.
Section 2. Form: Registration.
2.01. Registered Form. The Bonds shall be issuable only in fully
registered form. The interest thereon and, upon surrender of each Bond,
the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of
the last interest payment date preceding the date of authentication to
which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which
interest has been paid or made available for payment, in which case such
Bond shall be dated as of the date of authentication, or (ii) the date of
authentication is prior to February 1, 1987, in which case such Bond shall
be dated as of March 1, 1986. The interest on the Bonds shall be payable
on February 1 and August 1 in each year, commencing February 1, 1987, to
the owner of record thereof as of the close of business on the fifteenth
day of the immediately preceding month, whether or not such day is a
business day.
2.03. Registration. The City shall appoint, and shall maintain, a
bond registrar, transfer agent, authenticating agent and paying agent
(Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corpo-
rate trust office a bond register in which the Registrar shall provide
for the registration of ownership of Bonds and the registration of
transfers and exchanges of Bonds entitled to be registered, trans-
ferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a
written instrument of transfer, in form satisfactory to the Registrar,
duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or
transferees, one or more new Bonds of a like aggregate principal
amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after
the fifteenth day of the month preceding each interest payment date
and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by
the registered owner for exchange the Registrar shall authenticate and
deliver one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the registered owner or the owner's attorney
in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter
disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is pre-
sented to the Registrar for transfer, the Registrar may refuse to
transfer the same until it is satisfied that the endorsement on such
Bond or separate instrument of transfer is valid and genuine and that
the requested transfer is legally authorized. The Registrar shall
incur no liability for the refusal, in good faith, to make transfers
which it, in its judgment,-deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat
the person in whose name any Bond is at any time registered in the
bond register as the absolute owner of such Bond, whether such Bond
shall be overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of
Bonds, the Registrar may impose a charge upon the owner thereof suffi-
cient to reimburse the Registrar for any tax, fee or other govern-
mental charge required to be paid with respect to such transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any
Bond shall become mutilated or be destroyed, stolen or lost, the
Registrar shall deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation
of any such mutilated Bond or in lieu of and in substitution for any
such Bond destroyed, stolen or lost, upon the payment of the reason-
able expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with
the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or indemnity in
form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so sur-
rendered to the Registrar shall be cancelled by it and evidence of
such cancellation shall be given to the City. If the mutilated,
destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for
redemption, notice thereof identifying the Bonds to be redeemed will
be given by the Registrar by mailing a copy of the redemption notice
by first class mail (postage prepaid) not more than 60 and not less
than 30 days prior to the date fixed for redemption to the registered
owner of each Bond to be redeemed at the address shown on the regis-
tration books kept by the Registrar and by publishing said notice in
the manner required by law. Failure to give such notice by publica-
tion or by mail to any registered owner, or any defect therein, will
not affect the validity of any proceeding for the redemption of Bonds.
All Bonds so called for redemption will cease to bear interest after
the specified redemption date, provided that the funds for the redemp-
tion are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City hereby appoints
American National Bank & Trust Co. of St. Paul, St. Paul, Minnesota, as the
initial Registrar. The Mayor and the Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law to
conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the
right to remove the Registrar upon 30 days' notice and upon the appointment
of a successor Registrar, in which event the predecessor Registrar shall
deliver all cash and Bonds in its possession to the successor Registrar and
shall deliver the bond register to the successor Registrar. On or before
each principal or interest due date, without further order of this Council,
the Finance Coordinator shall transmit to the Registrar moneys sufficient
for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf
of the City by the signatures of the Mayor and the Manager, provided that
all signatures may be printed, engraved or lithographed facsimiles of the
originals. In case any officer whose signature or a facsimile of whose
signature shall appear on the Bonds shall cease to be such officer before
the delivery of any Bond, such signature or facsimile shall nevertheless be
valid and sufficient for all purposes, the same as if he had remained in
office until delivery. Notwithstanding such execution, no Bond shall be
valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on
such Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on differ-
ent Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence
that it has been authenticated and delivered under this Resolution. When
the Bonds have been so prepared, executed and authenticated, the Clerk
shall deliver the same to the Purchaser thereof upon payment of the pur-
chase price in accordance with the contract of sale heretofore made and
executed, and the Purchaser shall not be obligated to see to the applica-
tion of the purchase price.
2.06. Form of Bonds. The Bonds shall be printed in substantially the
following form:
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION STORM SEWER REVENUE BOND, SERIES 1986A
Date of
Rate Maturity Original Issue CUSIP
March 1, 1986
No. R- $
The City of Richfield, a duly organized and existing municipal
corporation in Hennepin County, Minnesota (City), acknowledges itself to be
indebted and for value received hereby promises to pay to
or registered assigns, the principal sum of $ on the maturity date
specified above, with interest thereon from the date hereof at the annual
rate specified above, payable February 1 and August 1 in each year, com-
mencing February 1, 1987, to the person in whose name this Bond is regis-
tered at the close of business on the 15th day (whether or not a business
day) of the immediately preceding month. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by
Minnesota, as Bond Registrar,
Transfer Agent, Authenticating Agent and Paying Agent, or its designated
successor under the Resolution described herein. For the prompt and full
payment of such principal and interest as the same respectively become due,
the full faith and credit and taxing powers of the City have been and are
hereby irrevocably pledged.
Bonds maturing in the years 1993 through 2007 are subject to redemption and
prepayment, in whole or in part, at the election of the City, at their
principal amount and accrued interest to date of redemption plus a premium
expressed as a percentage of the principal amount to be redeemed for the
various redemption dates as follows:
Redemption Date Premium
February 1, 1992 and August 1, 1992 27
February 1, 1993 and August 1, 1993 1.57
February 1, 1994 and August 1, 1994 17
February 1, 1995 and August 1, 1995 .57
February 1, 1996 and thereafter none
If redemption is in part those bonds remaining unpaid which have the latest
maturity date will be prepaid first. If only a part of the bonds having a
common maturity date are called for prepayment, the specific bonds to be
prepaid will be chosen by lot by the Registrar.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though
fully set forth in this place.
This Bond shall not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota,
by its City Council, has caused this Bond to be executed on its behalf by
the facsimile signatures of the Mayor and City Manager and has caused this
Bond to be dated as of the date set forth below.
Dated:
CITY OF RICHFIELD, MINNESOTA
(facsimile)
City Manager
(facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
By
Authorized Representative
[Reverse of the Bondj
This Bond is one of an issue in the aggregate principal amount of
$2,525,000, all of like original date and tenor, except as to number,
maturity date, redemption privilege and interest rate, issued pursuant to a
resolution adopted by the City Council on March 10, 1986 (the Resolution),
for the purpose of providing money to defray the expenses incurred and to
be incurred in making improvements to the storm sewer system of the City
(Utility), pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Section
444.075, and is payable from net revenues of the Utility and the sewer and
water utilities of the City (collectively, Utilities), but constitutes a
general obligation of the City and, to provide moneys for the prompt and
full payment of said principal and interest as the same become due, the
full faith and credit of the City is hereby irrevocably pledged, and the
city Council will levy ad valorem taxes, if required for such purpose,
which taxes may be levied on all of the taxable property in the City
without limitation as to rate or amount. The bonds of this series are
issued only as fully registered bonds in denominations of $5,000 or any
integral multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the authorizing
resolution, the City has covenanted and agreed that it will continue to own
and operate the Utilities free from competition by other like utilities;
that adequate insurance on the Utilities and suitable fidelity bonds on
employees will be carried; that proper and adequate books of account will
be kept showing all receipts and disbursements relating to the Storm Sewer
Fund and Sewer Fund, into which funds it will pay all of the gross revenues
from the Utility; that it will also create and maintain a General Obliga-
tion Storm Sewer Revenue Bonds, Series 1986A Debt Service Account in the
Storm Sewer Fund, into which it will pay, out of the net revenues from the
Utilities, a sum sufficient to pay principal hereof and interest hereon
when due, and that it will provide, by ad valorem tax levies, for any
deficiency in such net revenues.
As provided in the Resolution and subject to certain limitations set
forth therein this Bond is transferable upon the books of the City at the
principal office of the Bond Registrar by the registered owner hereof in
person or by the owner's attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or the owner's
attorney, and may also be surrendered in exchange for Bonds of other
authorized denominations. Upon such transfer or exchange the City will
cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest
at the same rate and maturing on the same date, subject to reimbursement
for any tax, fee or governmental charge required to be paid with respect to
such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this
Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Bond Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Charter of the City and the Constitu-
tion and laws of the State of Minnesota, to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this Bond in
order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist have happened and have
been performed as so required, and that the issuance of this Bond does not
cause the indebtedness of the City to exceed any constitutional, statutory,
or charter limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond,
following a full copy of the legal opinion.)
I certify that the above is a full, true and correct copy of the legal
opinion rendered by bond counsel on the issue of Bonds of the City of
Richfield, Minnesota, which includes the within Bond, dated as of the date
of delivery of and payment for the Bonds.
(Facsimile Signature)
City Clerk
The following abbreviations, when used in the inscription of the
face of this Bond, shall be construed as though they were written out in
full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT Custodian
in common (Gust) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Gifts to Minors
JT TEN -- as joint tenants with
right of survivorship and Act
not as tenants in common (State)
Additional abbreviations may also be used though not in the
above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and
transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of
the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, with-
out alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless
the information concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
this Bond is held by joint account)
Please insert social security or
other identifying number of assignee
2.07. The Clerk shall obtain a copy of the proposed approving legal
opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional
Association, Minneapolis, Minnesota, which shall be complete except as to
dating thereof and shall cause the opinion to be printed on each Bond,
together with a certificate to be signed by the facsimile signature of the
Clerk in substantially the form set forth in the form of Bond. The Clerk
is hereby authorized .and directed to execute such certificate in the name
of .the City upon receipt of such opinion and to file the opinion in the
City offices.
Section 3. Security: Payment: Funds and Accounts.
3.01. The City shall create and continue to operate its Storm Sewer
Fund to which shall be credited all gross revenues of the storm sewer
system (Utility) and out of which shall be paid all normal and reasonable
expenses of current operations of the Utility. Any balance therein shall
be Net Revenues and shall be transferred, from time to time, to a General
Obligation Storm Revenue Bonds, Series 1986A Debt Service Account (Debt
Service Account) hereby created, which fund shall be used only to pay prin-
cipal of and interest on the Bonds and any other bonds similarly
authorized. The City shall also continue to operate its Water Fund and
Sewer Fund and Net Revenues (as herein defined) of those Funds are hereby
pledged to the Debt Service Account. (The Storm Sewer System, the Sanitary
Sewer System and the Storm Sewer System of the City are referred to herein
as the Utilities.) There shall always be retained in the Debt Service
Account sufficient amounts to pay principal of and interest on the Bonds.
The Finance Coordinator shall report any current or anticipated deficiency
in the Debt Service Account to the Council. Net Revenues of the Utilities
not needed for the purpose of the Debt Service Account shall be retained in
the Water Fund, Sewer Fund, or Storm Sewer Fund, respectively, for the uses
of those Funds or for other corporate purposes permitted by law or charter.
3.02. The City Council covenants and agrees with the holders of the
Bonds that so long as any of the Bonds remain outstanding and unpaid, it
will keep and enforce the following covenants and agreements.
(a) The City will continue to maintain and efficiently operate
the Utilities as public utilities and conveniences and will cause all
revenues therefrom to be deposited in a bank accounts and credited to
the Storm Sewer Fund as hereinabove provided, and will make no expen-
ditures from said account except for a duly authorized purpose and in
accordance with this resolution.
(b) The City will also maintain a separate account for the Debt
Service Fund and will cause money to be credited thereto from time to
time, out of net revenues from the Utilities, in sums sufficient to
pay principal of and interest on the Bonds when due.
(c) The City will keep and maintain proper. and adequate books of
record and account separate from all other records of the City in
which will be complete and correct entries as to all transactions
relating to the Utilities and which shall be open to inspection and
copying by any Bondholder, or the Bondholder's agent or attorney, at
any reasonable time, and it will furnish certified transcripts there-
from upon request and upon payment of a reasonable fee therefor, and
said account shall be audited at least annually by a qualified public
accountant and statements of such audit and report will be furnished
to all Bondholders upon request.
(d) The City Council will cause all persons handling revenues of
the Utilities to be bonded in reasonable amounts for the protection of
the City and the bondholders and will cause the funds collected on
account of the operations of the Utilities to be deposited in a bank
whose deposits are guaranteed under the Federal Deposit Insurance Law.
(e) The Council will keep the Utilities insured at all times
against loss by fire, tornado and other risks customarily insured
against, with an insurer or insurers in good standing, in such amounts
as are customary for like plants, to protect the holders, from time to
time, of the Bonds and the City from any loss due to any such casualty
and will apply the proceeds of such insurance to make good any such
loss.
(f) The City and each and all of its officers will punctually
perform all duties with reference to the Utilities as required by the
laws of the State of Minnesota.
(g) The City will impose and collect charges of the nature
authorized by Minnesota Statutes, Section 444.075, at the times and in
the amounts required to produce, Net Revenues adequate to pay all
principal and interest when due on the Bonds.
(h) The City Council will levy general ad valorem taxes on all
taxable property in the City when required to meet any deficiency in
Net Revenues required for payment of principal and interest on the
Bonds.
3.03. The balance of the Net Proceeds (gross proceeds of $2,525,000
less $25,000 costs of issuance, to-wit, $2,500,000) of the Bonds after
payments to the Debt Service Funds required by Section 1.01 and payment of
costs of issuance of the Bonds shall be paid into a special 1986A
Construction Account hereby created in the Storm Sewer Fund. Expenditures
from the Construction Account shall be made only for capital costs of the
improvements (Improvements) to the Utility financed by the Bonds. Records
of expenditures from the Construction Account shall be kept of such nature
as are adequate to enable the Finance Coordinator to determine the
following:
(a) the date on which 5% of the Net Proceeds of the Bonds will
have been expended;
(b) the date on which construction of the Improvements
commenced;
(c) the amount of Net Proceeds to be used for the acquisition of
tangible real and personal property in connection with the Improve-
ments and date of expenditure therefor;
(d) the date on which the construction of the Improvements will
be 90% completed; and
(e) the date on which an amount of money equal to the Net
Proceeds of the Bonds, from whatever source derived, shall have been
expended for the acquisition and construction of the Improvements.
The Finance Coordinator shall at the request of any Bondholder or of bond
counsel approving the issuance of the Bonds, furnish certificates regarding
the status of the monies in the Construction Account. Sums on the Con-
struction Account may be invested as permitted by law and will be invested
in accordance with and subject to the conditions expressed in Section 4.03.
3.04. In order to ensure compliance with Section 103(c) of the
Internal Revenue Code, and applicable regulations, the Finance Coordinator,
upon allocation of any funds to the Debt Service Account, shall ascertain
the balance then on hand in the Debt Service Fund allocable to the Bonds.
If such balance exceeds by more than 1/12th the amount of principal and
interest to become due and payable on the Bonds through February 1 next
following that excess shall within 30 days (unless an opinion is otherwise
received from bond counsel) be used to prepay or purchase Bonds, or in-
vested at a yield which does not exceed the yield on the Bonds calculated
in accordance with Section 103(c).
3.05. It is hereby determined that the estimated collections of Net
Revenues of the Utilities pledged for the payment of the Bonds will produce
at least five percent in excess of the amount needed to meet, when due, the
principal and interest payments on the Bonds. The City Clerk is directed
to file a certified copy of this resolution with the Director of Property
Taxation of Hennepin County, and to obtain the certificate required by
Minnesota Statutes, Section 475.63.
Section 4. Authentication of Transcript: Special Covenants.
4.01. The officers of the City are hereby authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the
Bonds, certified copies of proceedings and records of the City relating to
the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show
the facts within their knowledge or as shown by the books and records in
their custody and under their control, relating to the validity and market-
ability of the Bonds and such instruments, including any heretofore fur-
nished, shall be deemed representations of the City as to the facts stated
therein.
4.02. The Mayor, Manager and Finance Coordinator are hereby author-
ized and directed to certify that they have examined the Official Statement
prepared and circulated in connection with the issuance and sale of the
Bonds and that to the best of their knowledge and belief the Official
Statement is, as of the date thereof, a complete and accurate representa-
tion of the facts and representations made therein as it relates to the
City.
4.03. The City hereby covenants that at least 5~ of the net proceeds
of the Bonds will be expended for costs of the Improvements within 30 days
after delivery of the Bonds. The City covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to
be taken by any of its officers, employees or agents any action which would
cause the interest on the Bonds to become subject to taxation under the
Internal Revenue Code of 1954, as amended (the Code), and the Treasury
Regulations promulgated thereunder, and that it will comply with all
provisions of H.R. 3838 in the form ~in which it was adopted by the United
States House of Representatives on December 18, 1985, to maintain the
tax-exempt status of interest on the Bonds. The Bonds are hereby
designated by the City as "qualified tax exempt obligations" and as a part
of its $10,000,000 limitation of such obligations within the meaning of and
for purposes of Section 802(e)(3) of H.R. 3838, adopted by the United
States House of Representatives on December 18, 1985. In the event H.R.
3838 is not adopted in the form referred to above, or in any form, the
covenants in this Section 4.03 and in Section 3.03 will be of no further
force or effect.
Passed by the City Council this 10th c
ATTE
~ ,-,
Thomas P. Ferber City Clerk