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RES 05-054
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RES 05-054
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12/3/2007 3:37:08 PM
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2/2/2006 9:44:07 AM
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City Government
type
RES
date
5/16/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <br />the System, and all monies received from the sale of any facilities or equipment of the System or <br />any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and <br />maintaining the System. <br /> <br />Nothing contained herein shall be deemed to preclude the City from making further <br />pledges and appropriations of the net revenues of the System for the payment of other or <br />additional obligations of the City, provided that it has first been determined by the City Council <br />that the estimated net revenues of the System will be sufficient, in addition to all other sources, <br />for the payment of the Bonds and such additional obligations and any such pledge and <br />appropriation of the net revenues may be made superior or subordinate to, or on a parity with the <br />pledge and appropriation herein. <br /> <br />(b) Pledge to Produce Revenues. The City hereby covenants and agrees with the <br />Holders of the Bonds that it will impose and collect charges for the service, use, availability and <br />connection to the System at the times and in the amounts required to produce net revenues <br />adequate to pay all principal and interest when due on the Bonds and the Outstanding Bonds. <br /> <br />(c) Excess Net Revenues. Net revenues of the System in excess of those required for <br />the foregoing may be used for any proper purpose. <br /> <br />(d) General Obligation Pledge. For the prompt and full payment of the principal of <br />and interest on the Bonds as the same respectively become due, the full faith, credit and taxing <br />powers of the City shall be and are hereby irrevocably pledged. lfthe net revenues of the <br />System appropriated and pledged to the payment of the principal and interest on the Bonds, <br />together with other funds irrevocably appropriated to the Escrow Account or the Debt Service <br />Account, shall at any time be insufficient to pay the principal and interest when due, the City <br />covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all <br />taxable property in the City sufficient to pay such principal and interest as it becomes due. lfthe <br />balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal <br />and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out <br />of any other accounts of the City which are available for such purpose, and such other funds may <br />be reimbursed without interest from the Escrow Account or Debt Service Account when a <br />sufficient balance is available therein. <br /> <br />17. Refunding Requirements. <br /> <br />(a) On or prior to the delivery of the Bonds the Mayor and City Administrator shall, <br />and are hereby authorized and directed to, execute on behalf of the City the Escrow Agreement. <br />The Escrow Agreement is hereby approved and adopted and made a part of this resolution and <br />the City covenants that it will promptly enforce all provisions thereof in the event of default <br />thereunder by the Escrow Agent. <br /> <br />(b) Securities purchased from moneys in the Escrow Account shall be limited to <br />securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or <br />supplements thereto. Securities purchased from the Escrow Account shall be purchased <br />simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby <br /> <br />1768593vl <br /> <br />18 <br /> <br />05-5~ <br />
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