Resolution 7243 - Laserfiche WebLink

Home Browse Search

724 3 ARTICLE VI CERTIFICATION OF PROCEEDINGS 6.01. Filing with County Auditor. The City Clerk of the City is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this Resolution together with such other information as the County Auditor shall require and to obtain from the County Auditor a certificate that the Bonds have been entered upon the bond registers and that the tax for the payment of the Bonds has been levied as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Kutak Rock LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as they appear from the books and records under the officer's custody and control or as otherwise known to the them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City to the correctness of all statements contained herein. 6.03. Official Statement. The Preliminary Official Statement relating to the Bonds, as of its date December 2, 2021, prepared and distributed by the Municipal Advisor, including any amendments or supplements thereto, is hereby ratified, approved and deemed "final" for purposes of Rule 15c2-12 promulgated under the Securities and Exchange Act of 1934, as amended ("Rule 15c2-12"). The Municipal Advisor is hereby authorized on behalf of the City to prepare and distribute to the Purchaser, within seven business days from the date hereof, a final Official Statement listing the offering prices, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12. The use and public distribution of the final Official Statement by the Purchaser in connection with the offering and sale of the Bonds is hereby authorized. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ARTICLE VII COVENANTS AND ARBITRAGE MATTERS 7.01. Restrictive Action. The City covenants and agrees with the registered owners of the Bonds that the City (a) will not take or permit to be taken by any of its officers, employees or agents any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Code and applicable Regulations, and (b) will take any and all actions within its powers to ensure that the interest will not become includable in gross income of the recipient under the Code and the Regulations. So long as the Bonds are outstanding, the City shall not enter into any lease, management agreement, use agreement or other contract with any nongovernmental entity which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 15 4854-7635-7637.2