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ERMU RES 21-12
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ERMU RES 21-12
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Last modified
5/14/2021 2:26:45 PM
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5/14/2021 2:25:11 PM
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City Government
type
ERMUR
date
5/11/2021
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interest due date, without further order of this Commission, there shall be transmitted to the <br /> Registrar, from amounts on hand in the Debt Service Account available therefore, an amount <br /> sufficient to pay all principal and interest then due on the Bonds. <br /> 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the <br /> direction of the Finance Manager and executed on behalf of the City by the signatures of the <br /> President and the Secretary and the Commission by the signatures of the Mayor and the Clerk, <br /> provided that those signatures may be printed, engraved or lithographed facsimiles of the <br /> originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds <br /> ceases to be such officer before the delivery of any Bond, that signature or facsimile will <br /> nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in <br /> office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for <br /> any purpose or entitled to any security or benefit under this Resolution unless and until a <br /> certificate of authentication on a Bond has been duly executed by the manual signature of an <br /> authorized representative of the Registrar. Certificates of authentication on different Bonds need <br /> not be signed by the same representative. The executed certificate of authentication on a Bond is <br /> conclusive evidence that it has been authenticated and delivered under this Resolution. When <br /> the Bonds have been so prepared, executed and authenticated, the Finance Manager will deliver <br /> the same to the Purchaser thereof upon payment of the purchase price in accordance with the <br /> contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to <br /> the application of the purchase price. <br /> 3.06. Form of Bond. The Bonds will be printed or typewritten in substantially the form <br /> set forth in Exhibit B attached hereto. <br /> 3.07. Approving Legal Opinion. The Finance Manager is authorized and directed to <br /> obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, <br /> Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the <br /> opinion to be printed on or accompany each Bond. <br /> Section 4. Funds and Accounts; Security; Payment. <br /> 4.01. Debt Service Fund. For the convenience and proper administration of the moneys to <br /> be borrowed and repaid on the Bonds, and to provide adequate and specific security for the <br /> Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be <br /> designated the General Obligation Water Utility Revenue Bonds, Series 2021C Debt Service Fund <br /> (the "Debt Service Fund"). The Debt Service Fund shall be administered and maintained by the <br /> Finance Manager as a bookkeeping account separate and apart from all other funds maintained in <br /> the official financial records of the Commission. The Debt Service Fund will be maintained in the <br /> manner herein specified until all of the Bonds and the interest thereon have been fully paid. <br /> The Commission will continue to maintain and operate its Water Utility Fund, to which will <br /> be credited all gross revenues of the water utility system (the "Utility System"), and out of which <br /> will be paid all normal and reasonable expenses of current operations of such Utility System. Any <br /> balances therein are deemed net revenues (the"Net Revenues")and will be transferred,from time to <br /> time, to the Debt Service Fund hereby created, which fund will be used only to pay principal of <br /> EL185-69-713323 v2 7 <br />
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