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5.2.B. SR 01-22-2008
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5.2.B. SR 01-22-2008
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1/29/2008 9:23:29 AM
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the City which are available for such purpose, and such other funds may be reimbursed without <br />interest from the Escrow Account or Debt Service Account when a sufficient balance is available <br />therein. <br />23. Securities; Escrow Agent. Securities purchased from moneys in the Escrow <br />Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, <br />Subdivision 8, and any amendments or supplements thereto. Securities purchased from the <br />Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City <br />Council has investigated the facts and hereby finds and determines that the Escrow Agent is a <br />suitable financial institution to act as escrow agent. <br />24. Redemption of Refunded Bonds. The Administrator is hereby authorized and <br />directed to give mailed notice of redemption prior to the Call Date, to the paying agent for the <br />Refunded 1998 Bonds, in substantially the form attached hereto as Exhibit B. The Refunded <br />2001 Bonds shall be redeemed and prepaid on the Crossover Date in accordance with the terms <br />and conditions set forth in the Notice of Call for Redemption, substantially in the form attached <br />to the Escrow Agreement, which terms and conditions are hereby approved and incorporated <br />herein by reference. <br />25. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and <br />Administrator shall, and are hereby authorized and directed to, execute on behalf of the City an <br />Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of <br />this resolution, and the City covenants that it will promptly enforce all provisions thereof in the <br />event of default thereunder by the Escrow Agent. <br />26. Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the <br />City, is hereby authorized and directed to purchase on behalf of the City and in its name the <br />appropriate United States Treasury Securities, State and Local Government Series and/or open <br />market securities as provided in paragraph 23, from the proceeds of the Prior 2001 Refunding <br />Portion of the Bonds and, to the extent necessary, other available funds, all in accordance with <br />the provisions of this resolution and the Escrow Agreement and to execute all such documents <br />(including the appropriate subscription form) required to effect such purchase in accordance with <br />the applicable U.S. Treasury Regulations. <br />27. Certificate of Registration. The Clerk is hereby directed to file a certified copy of <br />this resolution with the County Auditor of Sherburne County, Minnesota, together with such <br />other information as the County Auditor shall require, and to obtain the County Auditor's <br />Certificate that the Bonds have been entered in the Bond Register. <br />28. Records and Certificates. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the <br />issuance of the Bonds, certified copies of all proceedings and records of the City relating to the <br />Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates <br />and information as are required to show the facts relating to the legality and marketability of the <br />Bonds as the same appear from the books and records under their custody and control or as <br />otherwise known to them, and all such certified copies, certificates and affidavits, including any <br />re furnished, shall be deemed representations of the City as to the facts recited therein. <br />2116001v1 19 <br />
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