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5.3. SR 08-02-2004
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5.3. SR 08-02-2004
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Outstanding as of the date of reference, or (iii) 125% of the average annual principal and interest <br />payable on all Bonds as of the date of reference. <br /> <br /> "Resolution" means this Resolution, including any amendment hereof or supplement <br />hereto adopted in accordance with Section 14. <br /> <br />"Series 2004A Bonds" means the Bonds created by Section 5. <br /> <br />Section 2. Recitals. <br /> <br /> 2.01. Electric System. The City owns and, for financing purposes, operates a municipal <br />Electric System, hereinafter referred to as the "Electric System." <br /> <br /> 2.02. Public Utilities Commission. The City has established the Commission and <br />placed the Electric System under the jurisdiction of the Commission pursuant to the Act. The <br />City has granted to the Commission a non-exclusive franchise to transmit, furnish, deliver or <br />receive electrical energy within the utility service area. The Commission operates the Electric <br />System as a public, revenue-producing convenience, providing service to the City and its <br />inhabitants and residents and other customers in the area surrounding the City, as authorized by <br />the Act. <br /> <br /> 2.03. Authorization of Series 2004A Bonds. The Commission is authorized by law to <br />borrow money necessary to finance the Project and to pay the related financing costs and fund <br />the Reserve Account, as hereinafter provided. It is necessary and expedient for the City <br />forthwith to issue its Electric System Revenue Bonds, Series 2004A, in the principal amount of <br />$940,000. All costs of the Project in excess of the proceeds of the Series 2004A Bonds available <br />for payment of such costs shall be paid from any other funds legally available to the Commission <br />for such purpose. <br /> <br /> 2.04. Sale of Series 2004A Bonds. The Commission has retained Ehlers and <br />Associates, Inc., in Roseville, Minnesota (Ehlers), as its independent financial advisor for the <br />sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in <br />accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase <br />the Bonds have been solicited by Ehlers. <br /> <br /> 2.05. Receipt and Acceptance of Proposals. Proposals will be received by the <br />Secretary, or designee, at the offices of Ehlers, on August 3, 2004, pursuant to the Official Terms <br />of Bond Sale established for the Bonds. The authority to accept the most favorable proposal for <br />the purchase of the Bonds, the interest rates and the amount of the purchaser's discount is hereby <br />delegated by the Commission to the Secretary and a representative of Ehlers (collectively, the <br />Pricing Committee); provided the true interest cost on the Bonds shall not exceed %. <br /> <br /> 2.06. Performance of Requirements. All acts, conditions and things which are required <br />by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be <br />performed precedent to and in the valid issuance of the Series 2004A Bonds having been done, <br />existing, having happened and having been performed, it is now necessary to establish the form <br />and terms of the Series 2004A Bonds, to provide security therefor and to issue the Series 2004A <br />Bonds forthwith. <br /> <br />1670578vl 4 <br /> <br /> <br />
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