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88-1341 WHITE - CiTV CIERK , � PINK - FINANCE CO{��ICIl l/ � B��E`�v - MAVORTMENT GITY OF SAINT PAUL File NO. �� `3T� - Council Reso ution —. , � :� , Presented By -l�'�� Referred To Committee: Date Out of Committee By Date RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A FOURTH SUPPLEMENTAL INDENTURE OF TRUST WITH RESPECT TO THE $50 , 000 , 000 HOME OWNERSHIP MORTGAGE REVENUE BONDS OF 1979 WHEREAS : A. The City of Saint Paul has issued its $50 , 000 , 000 Home Ownership Mortgage Revenue Bonds of 1979 dated as of April 1 , 1979 (the ", Bonds" ) pursuant to an Indenture of Trust dated as of April 1 , 1979 by and among the City and First Trust National Association (formerly First Trust Company of Saint Paul) (the "Trustee" ) ; and B . The Minneapolis/Saint • Paul Housing Finance Board (the "Board" ) will issue its $2 , 885 , 000 Single Family Mortgage Revenue Bonds , Series 1988B (the "Refunding Bonds" ) for the purpose , in part , of refunding $1 , 140 , 000 of the Bonds ; and C . In connection with the issuance of the Refunding Bonds and the application of a portion of the proceeds thereof to refund certain of the Bonds , it is necessary and desireable that the Issuer enter into a supplemental indenture of trust ; and D . Financial Guaranty Insurance Company has consented or will consent to the Fourth Supplement (as defined herein) as required by Section 4 . 02 of the Third Supplemental Indenture of Trust dated as of July 1 , 1987 relating to the Bonds ; COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ,� ' �� [n Favor Goswitz Rettman �i �he1�� _ Against BY Sonnen �Ison Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary By �7����lit.tl�� ••�- sy, � A►pproved by 1Aavor. Date 1 Approve Mayo r S ' sion to Council By B ` ' ' � � � Qc�'-d--/3�f� NOW THEREFORE , BE IT RESOLVED by the City Council of the City of Saint Paul , Minnesota, as follows : l . There has been presented and there is now before this Council a form of Fourth Supplemental Indenture of Trust to be dated as of August 1 , 1988 (the "Fourth Supplement" ) and providing for the deposit with the Trustee of a portion of the proceeds of the Re�unding Bonds , and the application of the monies so deposited to pay at maturity or upan prepayment $1 , 140 , 000 principal amount of -the Bonds maturing or to be prepaid on October 1 , 1988 . The Fourth Supplement is hereby approved in substantially the form submitted to this Council , provided that such variations , changes or modifications may be made therein as may be necessary or desirable to effectuate the purposes thereof if such changes , variances or modifications are approved by Bond Counsel and by the City Attorney as not pre�udicial to the interests of the Issuer . Execution of the Fourth Supplement by the officers of the issuer designated below shall constitute conclusive evidence of acceptance by the Issuer of the Fourth Supplement in final form. 2 . The Mayor , Director of Finance and Management Services and Director of Planning and Economic Development are hereby suthorized and directed to execute and deliver the Fourth Supplement and to cause the seal of the Issuer to be affixed thereto , such execution and seal to be attested to by the City Clerk, all upon approval of the form thereof by the office of the City Attorney 2 WHITE - CITV CLERK . � PINK - FINANCE GITY O�' SAINT PAiTL Council /��! CANARV - DEeARTMENT �/x / _ BGUE��-rMA;oR File �0. Af/ -!��/ Council Resolution Presented By Referred To Committee: Date Out of Committee By Date and upon consent thereto by Financial Guaranty Insurance Company. In the absence or disability of any of the officers of the Issuer designated above , any other duly authorized officer of the Issuer is hereby authorized and directed to execute and deliver the Fourth Supplement in their place and stead. 3 . This Council hereby determines , pursuant to Section 10-1 of the Indenture , that the Fourth Supplement is a supplemental indenture of trust authorized thereby as a supplemental indenture of trust whose terms are not prejudicial to the interest of the Bondholders . 4 . This Resolution shall take effect immediately. COUIVCILMEN Yeas DimOrid Nays Requested by Department of: � ! Goswitz In Favor Long � Rettman A gai n s t BY Scheibel Sonnen Wi1SOri A� � b �� Form Approved by City Attorney Adopted by Council: Date Certified Pas e ouncil Se a BY �/����.. By ' Approv d Ma for sion to Council A► r d by iNavor: Date 3 By ` Sti'�D r�,� � ? 7 1988