Resolution - #81-191 - 11/25/1981

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applied in any particular case in any jurisdiction or jurisdic- tions or in all jurisdictions or in all cases because it conflicts wit]] any provisions or any constitution or statute or rule or public policy or for any other reason, such circumstances shall not have the effect of rendering the provision in question inopera- tive or unenforceable in any other case or circumstance or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or para- graphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. Section 502. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. Section 503. Registration of Resolution The City Clerk-Treasurer is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor ~,f'-A~>ka County, 'and to.obtain from said County Auditor a certificate.that the Note as a bond of the City has been duly entered upon his bond register. Section 504. Authorization to Execute Aqreements The forms of the proposed Loan Agreement and assignment thereof, the Disbursing Agreement, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council with such changes as are approved by the City Attorney; and the Mayor or the Acting Mayor and City Clerk-Treasurer are authorized to execute the Loan Agreement and the Disbursing Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor, the Acting Mayor or City Clerk-Treasurer, such officers of the City as, in the opinion of the City Attorney, may act in their behalf shall, without further act or authorization of the City Council, do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. Section 505. Non Arbitrage Covenant The City covenants and agrees that it will not and the Borrower will not make or permit any use and directs the Lender not to make any use of the proceeds of the Note which, if such use 15