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Minutes 04/28/1998
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Minutes 04/28/1998
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City Council
City Council - Type
Adopted Minutes
City Council - Date
4/28/1998
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370 April 28. 1998 <br /> (j) It is the intention of the City that the Series 1998 Bonds and any <br /> Additional Bonds (as defined in the Trust Indenture) (collectively, the "Bonds"), be <br /> secured in accordance with the provisions of the Act by the execution and delivery <br /> of the Trust Indenture. <br /> <br /> (k) On April 28, 1998, the Council of the City conducted a public hearing, <br />in accordance with the provisions of the Act, with respect to the adoption of this <br />resolution. <br /> <br /> (I) The Series t998 Bonds, when authenticated by the Trustee and issued <br />as provided in the Trust Indenture, will be the valid, binding and legal limited <br />obligations of the City according to the terms thereof, and the Trust indenture will be <br />a valid assignment and pledge of the Net Revenues (as defined in the Trust <br />Indenture) for the payment of the principal and redemption price of and interest on, <br />the Series 1998 Bonds. <br /> <br /> (m) The Series 1998'Bonds will be limited obligations Of the City payable <br />solely from the Net Revenues and amounts in, or required to be deposited in, certain <br />funds and accounts established under this Trust IndentUre. <br /> <br /> (n) The Series 1998 Bonds will ~not Constitute a debt 'of the <br />Commonwealth or any political subdivision thereof (other than the City) within the <br />meaning of any constitutional or statutory limitation. <br /> <br /> (o) Neither the fu II faith and credit nor the taxing power of the City, the <br />Commonwealth or any of its political subdivisions is pledged to the payment of the <br />Bonds orthe interest.thereon. <br /> <br /> SECTION 3. Execution and Delivery of the Trust Indenture. The Council <br />hereby authorizes and approves the entering into and the execution and delivery by <br />the City Manager or any Deputy City Manager of the Trust Indenture, in substantially <br />the form presented to and ordered to be filed with the minutes of the meeting at <br />which this resolution iS being adopted, with such necessary or appropriate <br />variations and omissions:and insertions as shall be deemed appropriate to the <br />Series 1998 Bonds and as the officer of the City executing the same shall approve <br />upon the advice of counsel (including the City Attorney or Bond Counsel), such <br />approval to be conclusively .evidenced by such officer's execution thereof. The <br />Trust Indenture as executed, in addition to setting forth the definitive details of the <br />Series 1998 Bonds, shall' contain appropriate provisions approved by the officer of <br />the City executing the same relating to the issuance of the Series 1998 Bonds in <br />book-entry form only through the facilities of DTC as contemplated by Section 6. <br />The Council hereby further ratifies, validates, confirms and approves the Trust <br />Indenture and the termS~ provisions and conditions thereof, including the moral <br />obligation undertaking of the C~ity provided for in Section 8~15 of the Trust Indenture, <br />and with such further terms, proviSionS and conditions :aS shall be approved by the <br />officer of the City executing the same. The execution by: the City Manager or any <br />Deputy City Manager of any trust indenture relating to the Series 1998 Bonds shall <br />be conclusive evidence that such trust indenture is the Trust Indenture authorized <br />hereby and that the same:complies with all requirements of this Section 3. <br /> <br /> SECTION 4. Execution and Delivery of the Bond Purchase Agreement. The <br />Council hereby approves the sale of the Series 1998 Bonds by negotiation to the <br />Underwriters and hereby authorizes and approves the entering into and the <br />execution and delivery by the City Manager or any Deputy City Manager of the <br />Bond P..urchase Agreement, in substantially the form presented to and ordered <br />filed wfth the minutes df*the meeting at'which this'resolution is being adopted, <br />together with such changes as the officer of the City executing the same shall <br />approve upon the advice 'of counsel (including the :City Att..orney or Bond <br />Counsel), such approval to be conclusively evidenced by such officer's execution <br />thereof, pursuant to which Bond Purchase Agreement the Underwriters will agree <br />to purchase the Series 1i998 Bonds upon the terms and conditions to be provided <br />therein; pr(~vided that ~he terms and conditions of such Bond Purchase <br />Agreement ghail have terms and conditions in accordance with the limitations <br />pertaining to the Series ~1998 Bonds set forth in Section 5. The Council hereby <br /> <br /> <br />
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