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<br />Certificates are paid, provided that at the time the City makes its annual tax levies, the City <br />Manager may certify to the Director of Property Records and Revenue of Ramsey County the <br />amount available in the Debt Service Fund to pay principal and interest due during the ensuing <br />year, and the Director of Property Records and Revenue will thereupon reduce the levy <br />collectible during such year by the amount so certified. <br /> <br />4.04. The City Manager is authorized and directed to file a certified copy of this <br />resolution with the Director of Property Records and Revenue and to obtain the certificate <br />required by Minnesota Statutes, Section 475.63. <br /> <br />Section 5. <br /> <br />Authentication of Transcriot. <br /> <br />5.01. The officers of the City are authorized and directed to prepare and furnish to the <br />Purchaser and to the attorneys approving the Certificates, certified copies of proceedings and <br />records of the City relating to the Certificates and to the financial condition and affairs of the <br />City, and such other certificates, affidavits and transcripts as may be required to show the facts <br />within their knowledge or as shown by the books and records in their custody and under their <br />control, relating to the validity and marketability of the Certificates, and such instruments, <br />including any heretofore furnished, will be deemed representations of the City as to the facts <br />stated therein. <br /> <br />5.02. The Mayor, City Manager and Finance Director are authorized and directed to <br />certify that they have examined the Official Statement prepared and circulated in connection <br />with the issuance and sale of the Certificates and that to the best of their knowledge and belief <br />the Official Statement is a complete and accurate representation of the facts and representations <br />made therein as of the date of the Official Statement. <br /> <br />Section 6. <br /> <br />Tax Covenant. <br /> <br />6.01. The City covenants and agrees with the holders from time to time of the <br />Certificates that it will not take or permit to be taken by any of its officers, employees or agents <br />any action which would cause the interest on the Certificates to become subject to taxation under <br />the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations <br />promulgated thereunder, in effect at the time of such actions, and that it will take or cause its <br />officers, employees or agents to take, all affirmative action within its power that may be <br />necessary to ensure that such interest will not become subject to taxation under the Code and <br />applicable Treasury Regulations, as presently existing or as hereafter amended and made <br />applicable to the Certificates. <br /> <br />6.02. (a) The City will comply with requirements necessary under the Code to <br />establish and maintain the exclusion from gross income of the interest on the Certificates under <br />Section 103 of the Code, including without limitation requirements relating to temporary periods <br />for investments, limitations on amounts invested at a yield greater than the yield on the <br />Certificates, and the rebate of excess investment earnings to the United States if the Certificates <br /> <br />SJB-238958vl <br />NE 136-188 <br />