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2018-045
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2018-045
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7/17/2018 3:28:47 PM
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6/26/2018 8:51:18 AM
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526847v3 SEL AR200-20 B-2 <br />interest rate, all issued pursuant to a resolution adopted by the City Council on June 25, 2018 <br />(the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be <br />incurred in making improvements to the City’s water system and sewer system, pursuant to and in <br />full conformity with the Constitution and laws of the State of Minnesota, including Minnesota <br />Statutes, Chapters 444 and 475, as amended, and the principal hereof and interest hereon are <br />payable from net revenues of the water system and sewer system of the City, as set forth in the <br />Resolution to which reference is made for a full statement of rights and powers thereby <br />conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond <br />and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the <br />City in the event of any deficiency in net revenues pledged, which taxes may be levied without <br />limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds <br />in denominations of $5,000 or any integral multiple thereof of single maturities. <br /> <br />The City Council has designated the issue of Bonds of which this Bond forms a part as <br />“qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal <br />Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for <br />financial institutions and within the $10 million limit allowed by the Code for the calendar year <br />of issue. <br /> <br /> IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has <br />covenanted and agreed that it will continue to own and operate the water system and sewer <br />system free from competition by other like municipal utilities; that adequate insurance on said <br />systems and suitable fidelity bonds on employees will be carried; that proper and adequate books <br />of account will be kept showing all receipts and disbursements relating to the Water Fund and <br />Sewer Fund into which it will pay all of the gross revenues from the water system and sewer <br />system, respectively; that it will also create and maintain a General Obligation Utility Revenue <br />Bonds, Series 2018A Debt Service Fund, into which it will pay, out of the net revenues from the <br />water system and sewer system, a sum sufficient to pay principal of the Bonds and interest on the <br />Bonds when due; and that it will provide, by ad valorem tax levies, for any deficiency in required <br />net revenues of the water system and sewer system. <br /> <br /> As provided in the Resolution and subject to certain limitations set forth therein, this <br />Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by <br />the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon <br />surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, <br />duly executed by the registered owner or the owner’s attorney; and may also be surrendered in <br />exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City <br />will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of <br />the same aggregate principal amount, bearing interest at the same rate and maturing on the same <br />date, subject to reimbursement for any tax, fee or governmental charge required to be paid with <br />respect to such transfer or exchange. <br /> <br /> The City and the Bond Registrar may deem and treat the person in whose name this Bond <br />is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose <br />of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will <br />be affected by any notice to the contrary.
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