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94-080
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94-080
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8/4/2005 9:37:26 AM
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<br />4.02. The City Council covenants and agrees with the holders of the Bonds <br />that so long as any of the Bonds remain outstanding and unpaid, it will keep and <br />enforce the following covenants and agreements: <br /> <br />(a) The City will continue to maintain and efficiently operate the <br />sewer and water plant and system as public utilities and conveniences free <br />from competition of other like utilities and will cause all revenues therefrom <br />to be deposited in bank accounts and credited to the sewer and water system <br />accounts as hereinabove provided, and will make no expenditures from those <br />accounts except for a duly authorized purpose and in accordance with this <br />resolution. <br /> <br />(b) The City will also maintain the Debt Service Fund as a separate <br />account in the Sewer and Water Fund and will cause money to be credited <br />thereto from time to time, out of net revenues from the sewer and water plant <br />and system in sums sufficient to pay principal of and interest on the Bonds <br />when due. <br /> <br />(c) The City will keep and maintain proper and adequate books of <br />records and accounts separate from all other records of the City in which will <br />be complete and correct entries as to all transactions relating to the sewer and <br />water plant and system and wl)ich shall be open to inspection and copying by <br />any bond holder, or the holder's agent or attorney, at any reasonable time, <br />and it will furnish certified transcripts therefrom upon request and upon <br />payment of a reasonable fee therefor, and said account will be audited at least <br />annually by a qualified public accountant and statements of such audit and <br />report will be furnished to all bondholders upon request. <br /> <br />(d) The City Council will cause persons handling revenues of the <br />sewer and water plant and system to be bonded in reasonable amounts for the <br />protection of the City and the bondholders and will cause the funds collected <br />on account of the operations of the sewer and water plant and system to be <br />deposited in a bank whose deposits are guaranteed under the Federal Deposit <br />Insurance Law. <br /> <br />(e) The Council will keep the sewer and water plant and system <br />insured at all times against loss by fire, tornado and other risks customarily <br />insured against with an insurer or insurers in good standing, in such amounts <br />as are customary for like plants, to protect the holders, from time to time, of <br />the Bonds and the City from any loss due to any such casualty and will apply <br />the proceeds of such insurance to make good any such loss. <br /> <br />(f) The City and each and all of its officers will punctually perform <br />aU duties with reference to the sewer and water plant and system as required <br />by law. <br /> <br />(g) The CIty will impose and collect charges of the nature authorized <br />by Minnesota Statutes, Sections 115.46 and 444.075 at the times and in the <br />amounts required to produce, net revenues adequate to pay all principal and <br />interest when due on the Bonds and to create and maintain such reserves <br />securing said payments as may be provided in this resolution. <br /> <br />SlIIG717J8 <br />nU6-118 <br />
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