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1983-101
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1983-101
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Last modified
3/28/2023 2:52:23 PM
Creation date
3/28/2023 2:52:15 PM
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Resolutions
Resolution Number
1983-101
Approved Date
10/05/1983
Subject
Providing for issuance of variable rate demand Utility Bonds to GDU with the
understanding that GDU is proceeding on it's own
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I. The costs to be paid from the proceeds of the Bonds will be costs of a <br />project within the meaning of the Act. <br />J. The interest on the Bonds will be exempt from federal income taxation <br />under existing laws of the United States. <br />SECTION 4. FINANCING OF THE PRO'?CT AUTHORIZED. The financing of <br />the cost of the Project in the manner provided in the Loan Agreement is hereby <br />authorized. <br />SECTION 5. AUTHORIZATION OF BONDS. Obligations of the Issuer to be <br />known as "Variable Rate Demand Utility Revenue Bonds (General Development Utilities, <br />Inc. Project)" (the 'Bonds"), are hereby authorized to be issued in an aggregate principal <br />amount not exceeding Four Thousand Twenty Hundred Thousand Dollars ($4,020,000), in <br />the form and manner described in the Indenture. The Bonds shall be dated such date and <br />mature in such years and amounts, will contain such redemption provisions, will bear <br />interest at such rates (not exceeding the maximum interest rate permitted by the Act or <br />by other applicable provision of law), and will be payable on such dates, as provided in the <br />Indenture or by subsequent resolution of the Issuer adopted prior to the sale of each <br />installment of the Bonds. The Issuer hereby declares its intent to issue and sell the Bonds <br />all at one time or in installments from time to time. <br />SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN <br />AGREEMENT. The Loan Agreement, in substantially the form thereof attached hereto <br />as Exhibit B, with such changes, alterations and corrections as may be recommended by <br />counsel to the Issuer and as may be approved by the Chairman and the Clerk of the Board <br />of County Commissioners (the 'Board") of the Issuer, such approval to be presumed by <br />their execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes <br />and directs said Chairman to execute and said Clerk to attest under the seal of the Issuer <br />the Loan Agreement and to deliver to the Borrower the Loan Agreement, all of the <br />provisions of which, when executed and delivered by the Issuer as authorized herein and by <br />the Borrower duly authorized, shall be deemed to be a part of this instrument as fully and <br />to the same extent as if incorporated verbatim herein. <br />SECTION 7. TRUSTEE, REGISTRAR AND PAYING AGENT. The Trustee, <br />Registrar and Paying Agent with respect to the Bonds herein authorized to be issued shall <br />be BankAmerica `frust Company of New York, New York, New York. <br />SECTION 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF IN- <br />DENTURE. As security for the payment of the principal of and premium, if any, and <br />interest on the Bonds, pro rats and without preference of any one of the Bonds over any <br />other thereof, the Indenture, in substantially the form thereof attached hereto as Exhibit <br />A, with such changes, alterations and corrections as may be recommended by counsel to <br />the Issuer and as may be approved by the Chairman and Clerk of the Board of the Issuer, <br />such approval to be presumed by their execution thereof, is hereby approved by the Issuer, <br />and the Issuer hereby authorizes and directs said Chairman to execute and said Clerk to <br />attest under the seal of the Issuer the Indenture and to deliver to the Trustee the <br />Indenture, all of the provisions of which, when executed and delivered by the Issuer as <br />hcrein and by the Trustee duly authorized, shall be deemed to be a part of this <br />instrument as fully and to the same extent as if incorporated verbatim herein. <br />LKL-9/16/83-#218BA -3- <br />
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