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RES 15-58
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RES 15-58
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9/25/2015 9:45:30 AM
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City Government
type
RES
date
9/8/2015
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d, Preliminary Official Statement and form of final Official Statement, the <br />form of the Preliminary Official Statement, together with the insertion of the final <br />underwriting details of the Bonds, including the interest rates thereon, and any other <br />changes deemed necessary or desirable, intended to constitute the form of the final <br />Official Statement, and including all Appendices thereto (together the "Official <br />Statement"), describing the offering of the Bonds, and certain terms and provisions of the <br />foregoing documents. <br />4. Findings. It is hereby found, determined and declared that: <br />a. Based upon information supplied by the Borrower, the Project will further <br />the purposes contemplated by and described in Section 469.152 of the Act and will result <br />in the encouragement and development of economically sound industry and commerce <br />through governmental action for the purpose of preventing the emergence of blighted and <br />marginal lands and areas of chronic unemployment, and would enhance the provision of <br />health care services and facilities to members of the community. <br />b. There is no litigation pending or, to the knowledge of the Issuer, <br />threatened against the Issuer relating to the Project, the Bonds, or the Indenture, the Loan <br />Agreement or the Bond Purchase Agreement (collectively referred to as the "Bond <br />Documents") or questioning the organization, powers or authority of the Issuer to issue <br />the Bonds or to execute or deliver any of the Bond Documents. <br />C. The execution and delivery of and the performance of the Issuer's <br />obligations under the Bonds and the Bond Documents do not and will not violate any <br />order of any court or any agency of goverment or in any proceeding to which the Issuer <br />is a party, or any indenture, agreement or other instrument to which the Issuer is a party <br />or by which it or any of its property is bound, or be in conflict with, result in a breach of, <br />or constitute (with due notice or lapse of time or both) a default under any such indenture, <br />agreement or other instrument. <br />d. The Loan Agreement provides for payments by the Borrower to the Issuer <br />of such amounts as will be sufficient to pay the principal of, premium, if any, and interest <br />on the Bonds when due. <br />e. Under the provisions of the Act, the Bonds are not and shall not be payable <br />from or charged upon any funds other than amounts payable pursuant to the Loan <br />Agreement and related documents; the Issuer is not subject to any liability thereon; no <br />owner of the Bonds shall ever have the right to compel the exercise of the taxing power of <br />the Issuer to pay the Bonds or the interest thereon, nor to enforce payment thereof against <br />any property of the Issuer; neither the Bonds nor any document executed or approved in <br />connection with the issuance thereof shall constitute a pecuniary liability, general or moral <br />obligation, charge, lien or encumbrance, legal or equitable, upon any property of the Issuer; <br />and the Bonds shall not constitute or give rise to a charge against the general credit or taxing <br />powers of the Issuer. <br />0 <br />
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