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obligations of the City payable solely from the net revenues of the electric utility system of the <br /> Commission and shall not constitute a debt for which the full faith and credit or taxing powers of <br /> the City will be pledged. <br /> 3. Terms of Sale. The City hereby approves the issuance of the Bonds and Terms of <br /> Proposal and delegates to the Commission the authority to award the sale of the Bonds in an <br /> aggregate principal amount not to exceed $10,000,000. The resolution of the Commission <br /> awarding the sale of the Bonds, fixing the form and details of the Bonds, establishing the terms <br /> of the Bonds and the security therefor, and providing for the execution and delivery of the Bonds <br /> shall have the same force and effect as if such resolution had been adopted by this Council. <br /> 4. Qualified Tax Exempt Obligations. In order to qualify the Bonds as "qualified <br /> tax-exempt obligations"within the meaning of Section 265(b)(3) of the Code, the City makes the <br /> following factual statements and representations: <br /> (a) the Bonds are not "private activity bonds" as defined in Section 141 of the <br /> Code; <br /> (b) the reasonably anticipated amount of tax-exempt obligations (other than <br /> private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City <br /> (and all subordinate entities of the City) during calendar year 2018 will not exceed $10,000,000; <br /> and <br /> (c) not more than $10,000,000 of obligations issued by the City during <br /> calendar year 2018 have been designated for purposes of Section 265(b)(3) of the Code; <br /> (d) the aggregate face amount of the issue of the Bonds is not greater than <br /> $10,000,000; and <br /> (e) the City, hereby designates the Bonds, to the extent the principal amount <br /> exceeds the outstanding principal amount of the Prior Bonds, as "qualified tax-exempt <br /> obligations" for purposes of Section 265(b)(3) of the Code. <br /> 5. Consultants. This Council hereby approves the selection of Springsted <br /> Incorporated, in Saint Paul, Minnesota ("Springsted"), as municipal advisor to the City and the <br /> Commission, to assist in the offer and sale of the Bonds, and hereby approves the selection of <br /> Kennedy & Graven, Chartered, as bond counsel to the City and the Commission, to render an <br /> approving legal opinion with respect to the Bonds. <br /> 6. Continuing Disclosure. The City and the Commission will enter into a <br /> Continuing Disclosure Certificate (the "Certificate"), dated the date of closing, a form of which <br /> is on file with the City. The Mayor and City Clerk of the City are hereby authorized to sign the <br /> Certificate. <br /> 7. Official Statement. In connection with said competitive negotiated sale, the <br /> Finance and Office Manager and other officers or employees of the Commission and the officers <br /> or employees of the City are hereby authorized to cooperate with Springsted and participate in <br /> 2 <br /> 529086v1 JSB BL185-55 <br />