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82-051
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82-051
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Last modified
1/3/2012 12:33:20 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-51
Date
4/19/1982
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ARTICLE III <br /> <br />ISSUE OF NOTE <br /> <br /> Section 3.01. Sale and Delivery of Note. At any time after the <br />adoption of this Resolution the City may sell and deliver a Note to the Bank <br />in accordance with the terms of a purchase agreement presented by the Bank. <br /> <br /> Section 3.02. Application of Proceeds of Sale of Note. The proceeds <br />received by the City from the sale of the Note shall be deposited into the <br />Construction Fund established pursuant to Section 3.03. <br /> <br /> Section 3.03. Construction Fund. There is hereby created a fund to be <br />designated the "City of Santa Aha 1982 Industrial Revenue Note (Mitsubishi <br />Consumer Electronics America, Inc.) Construction Fund" {herein referred to as <br />the "Construction Fund"), which shall be held by the Bank in trust and applied <br />to the payment of the Costs of the Project. Before any payment is made from <br />the Construction Fund by the Sank, there shall be filed with the Bank a <br />requisition conforming to the requirements of Section 5.02 of the Agreement, <br />stating with respect to each payment to be made <br /> <br />(al the requisition number; <br /> <br /> (b) the name and address of the person, firm or corporation to <br />whom payment is due; <br /> <br />{c) the amount to be paid; <br /> <br /> (d) that each obligation mentioned therein has been properly <br />incurred for a Cost of the Project and is a proper charge against the <br />Construction Fund; and <br /> <br /> (e) if such payment is a reimbursement to the Participating Party <br />for costs or expenses of the Participating Party incurred by reason of work <br />performed or supervised by officers or employees of the Participating Party or <br />any of its subsidiaries or affiliates, that the amount to be paid does not <br />exceed the actual cost thereof to the Participating Party or any of its <br />subsidiaries or affiliates and that such costs or expenses are to be treated <br />on its books as a capital expenditure in accordance with generally accepted <br />accounting principles applied on a consistent basis. <br /> <br /> Each such requisition shall be sufficient evidence to the Bank of the <br />facts stated therein. Upon receipt of each such requisition, the Bank shall <br />pay the amount set forth therein as directed by the terms thereof. Upon the <br />receipt by the Bank of a certificate conforming to the requirements of Section <br />5.04(d) of the Agreement, and after payment of costs payable from the <br />Construction Fund or provision satisfactory to the Bank having been made for <br />payment of such costs not yet due, the Bank shall transfer any remaining <br />balance in the Construction Fund to the Note Fund established pursuant to <br /> <br /> <br />
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