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97-120 RES
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97-120 RES
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12/3/2007 2:34:54 PM
Creation date
5/2/2002 8:53:47 PM
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City Government
type
RES
date
11/17/1997
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WHEREAS, the City and Authority desire to reduce debt <br />service costs under the Series 1991 Bonds by the Authority issu- <br />ing its City Hall and Law Enforcement Facility Revenue Refunding <br />Bonds, Series 1997 (City of Elk River Lease Purchase Obligation), <br />dated December 1, 1997 (the "Bonds"), proceeds of which will be <br />used on February 1, 2000, pursuant to a certain Escrow Agreement, <br />dated as of December 1, 1997, between the Authority and the <br />Escrow Agent thereunder, to effect a crossover refunding of the <br />Series 1991 Bonds; <br /> <br /> WHEREAS, in order to issue the Bonds in accordance with <br />the provisions of the Indenture, it is necessary to execute cer- <br />tain supplements to the Indenture and the Lease, more specific- <br />ally, a certain Supplement to Lease Purchase Agreement, dated as <br />of December 1, 1997 (the "Lease Supplement"), between the City <br />and the Authority, and a certain Supplement to Trust Indenture, <br />dated as of December 1, 1997 (the "Indenture Supplement") between <br />the Authority and the Trustee under the Indenture; and <br /> <br /> WHEREAS, with respect to the Bonds, as long as the <br />Lease (as supplemented by the Lease Supplement) remains in <br />effect, the City is an obligated person under the provisions of <br />Rule 15c2-12 (the "Rule") promulgated by the Securities and <br />Exchange Commission pursuant to the Securities and Exchange Act <br />of 1934, as amended, and is therefore subject to continuing <br />disclosure requirements under the Rule; and accordingly, the City <br />will enter into a certain Continuing Disclosure Agreement, dated <br />as of December 1, 1997 (the "Continuing Disclosure Agreement"), <br />with the Trustee: <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council (the <br />"Council") of the City of Elk River, Minnesota, as follows: <br /> <br /> 1. Authorization of Bonds; Documents Presented. The <br />Authority proposes to issue its $. City Hall and Law <br />Enforcement Facility Revenue Refunding Bonds, Series 1997 (City <br />of Elk River Lease Purchase Obligation) (the "Bonds"), dated as <br />of December 1, 1997, payable from rental payments to be made by <br />the City under the Lease, as amended and supplemented by the <br />lease Supplement. The Bonds shall bear interest at the rates <br />prescribed by the Indenture, as supplemented by the Indenture <br />Supplement. Forms of the following documents (collectively, the <br />"Bond Documents") relating to the Bonds have been submitted to <br />the Council and are now on file in the office of the City: <br /> <br />(a) the Lease Supplement; and <br /> <br />(b) the Continuing Disclosure Agreement. <br /> <br /> 2. Approval and Execution of Bond Documents. The <br />Mayor and the City Administrator are hereby authorized to execute <br />and deliver, on behalf of the City, the Bond Documents in <br />substantially the forms on file with the City, and the Bond <br /> <br />368962.1 2 <br /> <br /> <br />
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