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Minutes 10/01/1985
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Minutes 10/01/1985
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City Council
City Council - Type
Adopted Minutes
City Council - Date
10/1/1985
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135 <br /> <br />O~tober 1, 1985 <br /> <br /> All transfers or exchanges of Bonds shall be made without <br />expense to the holder-of such Bonds, except as otherwise <br />herein provided, and except that the Registrar shall require <br />the payment by the holder of the Bond requesting Such transfer <br />or exchange of any tax or other governmental charges required <br />to be paid with respect to such transfer or exchange. All <br />Bonds surrendered for transfer or exchange shall be cancelled. <br /> <br /> 3. The full faith and credit of the City shall be and <br />hereby is irrevocably pledged to the payment of the principal <br />of and interest on the Bonds as the same become due. In each <br />year while the Bonds, or any of them, are outstanding and <br />unpaid, there shall be assessed, levied and collected, at the <br />same time and in the same manner as other taxeS in the City <br />are assessed, levied and collected, upon all property within <br />the City subject to taxation by the City, a tax sufficient to <br />provide for the payment of the principal of and interest on <br />the Bonds as the same become due, if the revenues of the <br />aforesaid undertaking consisting of the water and sewerage <br />system are insufficient to meet the obligations herein set <br />forth. <br /> <br /> 4. The Bonds shall not be included in determining the <br />limitation upon the power of the City to incur indebtedness <br />under the provisions of Article VII, Section 10 of the <br /> <br />whenever and for so long as the City's water and sewerage <br />system fails to produce sufficient revenues to pay the cost of <br />operation and administration (including interest on bonds <br />issued therefor, and the cost of insurance against loss or <br />injuries to persons and property), and an annual amount to be <br />placed into.a sinking fund sufficient to pay at or before <br />maturity alI bonds issued on account of such system, all such <br />bonds outstanding shall be included in determining the <br />limitation Upon the power of the C~ty to incur indebtedness. <br /> <br /> 5. The City shall make no use of the proceeds of the <br />sale of the Bonds which would cause the Bonds to be <br />"industrialldevelopment bonds"ior "arbitrage bonds" under <br />Section 103 of the U.S. Internal Revenue Code of 1954, as <br />amended, and the City shall comply with the applicable <br />regulations:of the Internal Revenue Service adopted under such <br />Section 103~so long as any Bond is outstanding. <br /> <br /> 6. The Bonds shall be sold in conjunction with the sale <br />of the $20,150,000 General Obligation Public Improvement Bonds <br />of the City authorized by the Council at the meeting at which <br />this resolution is adopted. The notice of sale of the Bonds <br />referred to in paragraph 10 and the legal notice referred to <br />in paragraph 11 shall each contain provisions suitably <br />recognizing and providing withlrespect to the foregoing. <br /> <br /> 7. The Bonds shall be eXecuted, for and on behalf of the <br />City, by th~ facsimile signatures of the Mayor and the <br />Director of Finance of the City, and a facsimile of the <br />corporate seal of the City shall be imprinted on the Bonds and <br />attested by the facsimile signature of the City Clerk of the <br />City. i <br /> <br /> The Director of Finance shall direct the Registrar for <br />the Bonds tO authenticate such Bonds and no such Bond shall be <br />valid or obligatory for any purpose unless and until the <br />certificate of authentication endorsed on each Bond shall have <br />been manually executed by an authorized signator of the <br />Registrar. Upon the authentication of any Bonds the Registrar <br />shall insert in the certificate of authentication the date as <br />of which such Bonds are authenticated as follows: (i) if the <br />Bond is authenticated prior to the first interest payment <br />date, the certificate shall be dated as of the date of the <br />Bonds are delivered to and paid for by the initial purchasers <br />thereof; (ii) if the Bond is authenticated upon an interest <br />payment date, the certificate shall be dated as of such <br />interest payment date; (iii) if the Bond is authenticated <br />after the fifteenth (15th) day of the calendar month next <br />preceding an interest payment date and prior to such interest <br />payment date, the certificate shall be dated as of such <br />interest payment date; and (iv) in all other instances the <br />certificate=shall be dated aS of the interest payment date <br />next preceding'the date upon which the Bond is authenticated. <br /> <br /> <br />
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