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<br />3.02. The City Clerk-Treasurer is directed to obtain a copy of the proposed <br />approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota <br />which is to be complete except as to dating thereof and to cause the opinion to b~ <br />printed on each Bond, together with a certificate to be signed by the facsimile <br />signature of the Clerk-Treasurer in substantially the form set forth in the form of <br />Bond. The Clerk-Treasurer is authorized and directed to execute such certificate <br />in the name of the City upon receipt of such opinion and to file the opinion in the <br />City offices. <br /> <br />Section 4. Payment; Security; Pledges and Covenants. <br /> <br />4.01. The Bonds are payable from the Improvement Bonds, Series 1994A Debt <br />Service Fund (Debt Service Fund) hereby created, and the proceeds of general <br />taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or <br />to be levied for the improvements (Improvements) financed by the Bonds are hereby <br />pledged to the Debt Service Fund. If any payment of principal or interest on the <br />Bonds will become due when there is not sufficient money in the Debt Service Fund <br />to pay the same, the Clerk-Treasurer is directed to pay such principal or interest <br />from the general fund of the City, and the general fund will be reimbursed for such <br />advances out of the proceeds of Assessments and Taxes when collected. There is <br />appropriated to the Debt Service Fund all capitalized interest financed from Bond <br />proceeds, if any, any amount over the minimum purchase price paid by the <br />Purchaser and the accrued interest paid by the Purchaser upon closing and delivery <br />of the Bonds. <br /> <br />4.02. It is hereby determined that the Improvements to be financed by the <br />Bonds will directly and indirectly benefit abutting property J and the City hereby <br />covenants with the holders from time to time of the Bonds as follows: <br /> <br />(a) The City has caused or will cause the Assessments for the <br />Improvements to be promptly levied so that the first installment will be <br />collectible not later than 1995 with respect to Project Nos. 92-08, 92-13, <br />92-14, 93-01, 93-02 and 93-06, and not later than 1996 with respect to Project <br />Nos. 94-03 and 94-04 and will take all steps necessary to assure prompt <br />collection, and the levy of the Assessments is hereby authorized. The City <br />Council will cause to be taken with due diligence all further actions that are <br />required for the construction of each Improvement financed wholly or partly <br />from the proceeds of the Bonds, and will take all further actions necessary for <br />the final and valid levy of the Assessments and the appropriation of any other <br />funds needed to pay the Bonds and interest thereon when due. <br /> <br />(b) In the event of any current or anticipated deficiency in <br />Assessments and Taxes, the City Council will levy additional ad valorem taxes <br />in the amount of the current or anticipated deficiency. <br /> <br />(c) The City will keep complete and accurate books and records <br />showing: receipts and disbursements in connection with the Improvements, <br />Assessments and Taxes levied therefor and other funds appropriated for their <br />payment, collections thereof and disbursements therefrom, monies on hand <br />and, the balance of unpaid Assessments. <br /> <br />8RG71729 <br />RB136-118 <br />