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7/17/2007 8:39:09 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9551
Resolution Title
Authorizing the issuance of $27,000,000 Housing Facilities Revenue Refunding Bonds for College Properties, Inc., Series 1998 (5/26/98).
Resolution Date Passed
5/26/1998
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<br />(f) as provided in the Loan Agreement and Indent~re, <br />the Bonds are not to be payable from or charged upon any funds <br />other than the revenue pledged to the payment thereof; the City <br />is not subject to any liability thereon; no holder of any Bond <br />shall ever have the right to compel any exercise by the City of <br />its taxing powers to pay any of the Bonds or the interest or <br />premium thereon, or to enforce payment thereof against any <br />property of the City except the interests of the City in the Loan <br />Agreement, the Mortgage and the Assignment, which have been <br />assigned to the Bond Trustee under the Indenture; the Bonds shall <br />not constitute a charge, lien or encumbrance, legal or equitable, <br />upon any property of the City except the interests of the City in <br />the Loan Agreement, the Mortgage and the Assignment which have <br />been assigned to the Trustee under the Indenture; the Bonds shall <br />recite that the Bonds do not constitute or give rise to a <br />pecuniary liability or moral obligation of the City, the State of <br />Minnesota or any of its political subdivisions, and that the <br />Bonds, including interest thereon, are payable solely from the <br />revenues pledged to the payment thereof; and the Bonds shall not <br />constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation. <br /> <br />5. Approval of Housing PrOGram and Document Form~ <br />Execution. The Housing Program for the revenue bond financing of <br />the Improvements on file with the City Clerk is hereby approved. <br />Subject to the approval of the City Attorney, and the provisions <br />of paragraph 9 hereof, the forms of the Bond Documents and <br />exhibits thereto and all other documents listed in paragraph 3 <br />hereof are approved substantially in the form submitted. Subject <br />to the provisions of paragraph 9 hereof, the Bond Documents, in <br />substantially the forms submitted, are directed to be executed in <br />the name and on behalf of the City by the Mayor and Clerk or <br />Manager. Subject to the provisions of paragraph 9 hereof, the <br />Bonds are to be executed in the name of and on behalf of the City <br />by the Mayor and Clerk or Manager, and are to be delivered to the <br />Trustee for authentication and delivery to the Purchaser. Any <br />other City documents and certificates necessary to the <br />transaction described above may be executed by the appropriate <br />City officers. Copies of all of the documents necessary to the <br />transaction herein described shall be delivered, filed and <br />recorded as provided herein and in the Loan Agreement and <br />Indenture. <br /> <br />6. Official Statement. The City hereby consents to <br />the preparation and distribution of a Preliminary Official <br />Statement dated and a final Official Statement (collectively, the <br />IIOfficial Statement II) to the Purchaser. The City has relied upon <br />the Company and the Purchaser and legal counsel retained by them <br />to assure the accuracy and completeness of the information set <br />forth in the Official Statement and therefore the City has not <br />participated, and will not participate significantly, in the <br />preparation of the Official Statement. The City has not made, <br />and will not make, any independent investigation of the <br />information contained therein, except under the headings liTHE <br />CITYII or liTHE ISSUERII, and it assumes no responsibility for the <br /> <br />940544.1 <br /> <br />5 <br />
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