Laserfiche WebLink
<br />presented to this council, is approved, and the Mayor Pro Tem and Finance Director <br />are authorized to execute and deliver the Representation Letter in substantially the <br />form on file, with such changes therein not inconsistent with law as the Finance <br />Director and the City Attorney may approve, which approval will be conclusively <br />evidenced by the execution thereof. Any Paying Agent or Bond Registrar <br />subsequently appointed by the City with respect to the Bonds must agree to take all <br />action necessary for all representations of the City in the Representation Letter with <br />respect to the Bond registrar and Paying Agent, respectively, to at all times be <br />complied with. <br /> <br />3.06. Transfers Outside Book-Entry System. In the event the City, by <br />resolution of the City Council, determines that it is in the best interests of the <br />persons having beneficial interest in the Bonds that they be able to obtain Bond <br />certificates, the City must notify Midwest, whereupon Midwest must notify the <br />Participants, of the availability through Midwest of Bond certificates. In such event <br />the City will issue, transfer and exchange Bond certificates as requested by Midwest <br />and any other registered owners in accordance withthe provisions of this resolution. <br />Midwest may determine to discontinue providing its services with respect to the <br />Bonds at any time by giving notice to the City and discharging its responsibilities <br />with respect thereto under applicable law. In such event, if no successor securities <br />depository is appointed, the City will issue and the Bond Registrar will authenticate <br />Bond certificates in accordance with this Bond Resolution and the provisions hereof <br />will apply to the transfer, exchange and method of payment thereof. <br /> <br />3.07. Payments to Kray & Co. Notwithstanding any other provision of this <br />Resolution to the contrary, so long as any Bond is registered in the name of Kray & <br />Co. , as nominee of Midwest, all payments with respect to principal of, premium, if <br />any, and interest on such Bond and all notices with respect to such Bond will be <br />made and given, respectively, in the manner provided in the Representation Letter. <br /> <br />Section 4. Payment: Security: Pledges and Covenants. <br /> <br />4.01. The Bonds are payable from the Series 19 Improvement Bonds Debt <br />Service Fund (Debt Service Fund) hereby created, and the proceeds of general <br />taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or <br />to be levied for the improvements (Improvements) financed by the Bonds are hereby <br />pledged to the Debt Service Fund. If any payment of principal or interest on the <br />Bonds becomes due when there is not sufficient money in the Debt Service Fund to <br />pay the same, the Finance Director is directed to pay such principal or interest from <br />the general fund of the City, and the general fund will be reimbursed for such <br />advances out of the proceeds of Assessments and Taxes when collected. There is <br />appropriated to the Debt Service Fund all capitalized interest financed from Bond <br />proceeds, if any, any amount over the minimum purchase price paid by the <br />Purchaser and the accrued interest paid by the Purchaser upon closing and delivery <br />of the Bonds. <br /> <br />4.02. It is hereby determined that the Improvements to be financed by the <br />Bonds will directly and indirectly benefit abutting property, and the City hereby <br />covenants with the holders from time to time of the Bonds as follows: <br /> <br />(a) The City has caused or will cause the Assessments for the Im- <br />provements to be promptly levied so that the first installment will be <br />collectible not later than 1993 and will take all steps necessary to assure <br />prompt collection, and the levy of the Assessments is hereby authorized. The <br /> <br />RLD47466 <br />RS200-10 <br /> <br />11 <br />