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86-047 RES
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86-047 RES
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12/3/2007 2:38:58 PM
Creation date
8/4/2005 11:25:59 AM
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City Government
type
RES
date
7/21/1986
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<br />. <br /> <br />. <br /> <br />. <br /> <br />Section 5. Miscellaneous. <br /> <br />5.01. Covenant With Respect to Changes in Federal Tax <br />Legislation. In the event that subsequent to the adoption of <br />this resolution, changes are enacted in the provisions of <br />federal law relating to the exclusion of interest payable on <br />the Bonds from gross income for federal income tax purposes and <br />such changes are applicable to the Bonds, the City hereby <br />covenants to use its best efforts to take action to meet such <br />changed requirements and restrictions to the extent that such <br />action is consistent with the proceedings authorizing issuance <br />and sale of the Bonds and applicable laws of the State of <br />Minnesota and to the extent that there is a reasonable period <br />of time in which to take such action. <br /> <br />5.02. Qualified Tax Exempt Obligations. For purposes of <br />Section 802 of the proposed Tax Reform Act of 1985 (H.R. 3838), <br />the Bonds are hereby designated as "qualified tax exempt <br />obligations." The Issuer represents and covenants that it does <br />not reasonably anticipate issuing bonds which would constitute <br />bonds within the definition of qualified tax exempt obligations <br />in an aggregate amount greater than $10,000,000 in 1986 and the <br />Bonds are not part of one or more issues with a common purpose, <br />the aggregate amount of which exceeds $3,000,000. <br /> <br />5.03. County Auditor Registration. The Clerk is directed <br />to file with the County Auditor of Sherburne County a certified <br />copy of this resolution, and obtain from the County Auditor a <br />certificate stating that the Bonds have been entered upon his <br />bond register and that the tax required by law has been levied. <br /> <br />5.04. Authentication of Transcript. The officers of the <br />Issuer and said County Auditor are authorized and directed to <br />prepare and furnish to the purchasers of the Bonds, and to bond <br />counsel, certified copies of all proceedings and records of the <br />Issuer relating to the authorization and issuance of the Bonds <br />and such other affidavits and certificates as may reasonably be <br />required to show the facts relating to the legality and <br />marketability of the Bonds as such facts appear from the <br />officers' books and records or are otherwise known to them. <br />All such certified copies, certificates, and affidavits, <br />including any heretofore furnished, shall be deemed <br />representations of the Issuer as to the correctness of all <br />statements contained therein. <br /> <br />5.05. Arbitrage. <br /> <br />(a) The Issuer covenants and agrees with the holders <br />from time to time of the Bonds herein authorized <br />that it will not take, or permit to be taken, by <br />any of its officers, employees, or agents, any <br />action which would cause the interest payable on <br />the Bonds to become subject to taxation under <br /> <br />16. <br />
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