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Last modified
7/17/2007 8:36:38 AM
Creation date
12/2/2004 8:36:13 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9083
Resolution Title
Authorizing the sale and issuance of Commercial Development Refunding Revenue Bonds (Oakcrest Office Plaza Project) Series 1994, the execution of related documents and the performance of related actions
Resolution Date Passed
6/13/1994
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<br />4.03 Execution. The Mayor and City Manager are hereby <br />authorized and directed to execute the Bonds and the other <br />documents referred to above, to the extent the City is a party <br />thereto and the signatures of such persons are called for, and to <br />deliver them to the Trustee, together with the other documents, <br />certificates, consents or instruments required of the City in the <br />Indenture or as may be appropriate to effect the transactions <br />precedent to issuance of the Bonds set forth in the Indenture and <br />satisfaction (or waiver) of the conditions precedent to the <br />Underwriter's obligation to purchase the Bonds set. forth in the <br />Bond Purchase Agreement. Copies of all of the foregoing documents, <br />certificates, consents or instruments shall be delivered, filed and <br />recorded as provided therein. <br /> <br />4.04 Modifications. Absence of Officers. The approval <br />hereby given to the execution and delivery of various items <br />referred to in Section 4.03, including the Bonds, includes an <br />approval of such modifications thereto, deletions therefrom and <br />additions thereto as may be necessary and appropriate and approved <br />by Mackall, Crounse' Moore as Bond Counsel prior to the execution <br />and delivery of the same. The execution of any instrument by the <br />appropriate officer or officers of the City herein authorized shall <br />be conclusive evidence of the approval of such documents in <br />accordance with the terms hereof. In t.he absence or disability of <br />any officer or employee of the City, any of the documents <br />authorized by this Resolution to be executed by such person may be <br />executed by any other person who is otherwise permitted by law to <br />execute such documents on behalf of the city. <br /> <br />section 5. Authentication of Proceedinas. The Mayor, <br />City Manager and other officers of the City are authorized and <br />directed to furnish to the Underwriter and Bond Counsel, certified <br />copies of all proceedings and records of the city relating to the <br />Bonds, and such other affidavits and certificates as may be <br />required to show the facts relating to the legality and <br />marketability of the Bonds as such facts appear from the books and <br />records in the officers' custody or control or as otherwise known <br />to them; and all such certificates and affidavits, including any <br />heretofore furnished, shall constitute representations of the city <br />as to the truth of all statements contained therein. <br /> <br />section 6. Limitations of the city's Obliaations. The <br />Bonds shall not constitute a debt of the City within the meaning of <br />any constitutional or statutory limitation, and shall not be <br />payable from nor charged upon any funds other than the revenues <br />pledged to the payment thereof, and no holder of the Bonds shall <br />ever have the right to compel any exercise of the taxing power of <br />the City to pay the Bonds or the premium, if any, or interest <br />thereon, or to enforce payment thereof against any property of the <br />City, other than those rights and interests of the city pledged <br />therefor under the Indenture and Mortgage. The agreement of the <br />City to perform the covenants and other provisions contained in <br />this Resolution or the Bonds, the Loan Agreement, the Indenture, <br />t.he Mortgage or the Bond Purchase Agreement shall be subject at all <br />
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