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03-006
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03-006
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7/13/2005 3:14:08 PM
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7/12/2005 8:37:50 AM
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<br />" <br /> <br />2.07. The City Manager will obtain a copy of the proposed approving legal opinion of <br />Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to <br />dating thereof and will cause the opinion to be printed on or accompany each Bond. <br /> <br />Section 3. Funds and Accounts: Security: Payment. <br /> <br />3.01. (a) The Bonds are payable from the General Obligation Improvement <br />and Water Revenue Bonds, Series 2003A Debt Service Fund (Debt Service Fund) hereby <br />created, and the net revenues (Net Revenues) of the City water system, special assessments <br />(Assessments) levied for the Improvements, and ad valorem taxes (Taxes) levied under <br />Section 3.03 hereof, together with all other ad valorem taxes levied hereunder, are hereby <br />pledged to the respective accounts of Debt Service Fund as further described in this Section. <br />The City shall maintain an "Improvements Account" (Improvements Account), and a <br />"Water Revenue Account" (Water Revenue Account) in the Debt Service Fund. Amounts <br />in the Water Revenue Account are irrevocably pledged to the Water Revenue Bonds portion <br />of the Bonds, and amounts in the Improvements Account are irrevocably pledged to the <br />Improvement Bonds portion of the Bonds. <br /> <br />There is appropriated to the Water Revenue Account of the Debt Service Fund 9.8% <br />of (i) any amount over the minimum purchase price paid by the Purchaser and (ii) the <br />accrued interest paid by the Purchaser upon closing and delivery of the Bonds. There is <br />appropriated to the Improvements Account of the Debt Service Fund 90.2% of (iii) any <br />amount of the minimum purchase price paid by the Purchaser, and (iv) the accrued interest <br />paid by the Purchaser upon closing and delivery of the Bonds. <br /> <br />If the balance in either account established in the Debt Service Fund is at any time <br />insufficient to pay all interest and principal then due on the respective portion of the Bonds <br />payable therefrom, the Council covenants and agrees that it will each year levy an amount <br />sufficient to take care of any accumulated or anticipated deficiency, which levy is not <br />subject to any limitation as to rate or amount. <br /> <br />(b) The City Finance Director shall timely deposit in the Water Revenue <br />Account the Net Revenues hereinafter collected in accordance with Section 3.02. If any <br />payment of principal or interest on the Water Revenue Bonds portion of the Bonds shall <br />become due when there is not sufficient money in the Water Revenue Account of the Debt <br />Service Fund to pay the same, the Finance Director is directed to pay such principal or <br />interest from the general fund of the City, and the general fund will be reimbursed for such <br />advances out of the proceeds of Net Revenues when collected. <br /> <br />(c) The City Finance Director shall timely deposit in the Improvements Account <br />all Assessments levied for the Improvements, together with Taxes levied under Section 3.03 <br /> <br />SJB~225775vJ <br />NE136~J84 <br />
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