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98-130 RES
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98-130 RES
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City Government
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RES
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11/30/1998
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investment would cause the Bonds to be "federally guaranteed" <br />within the meaning of Section 149(b) of the federal Internal <br />Revenue Code of 1986, as amended (the "Code"). <br /> <br /> 17. Assessments. It is hereby determined that no less <br />than twenty percent (20%) of the cost to the City of the <br />Improvements financed hereunder within the meaning of Minnesota <br />Statutes, Section 475.58, Subdivision 1(3), shall be paid by <br />special assessments heretofore levied or to be levied hereafter <br />against every assessable lot, piece and parcel of land benefitted <br />by any of the Improvements. The City hereby covenants and agrees <br />that it will let all construction contracts not heretofore let <br />within one (1) year after ordering each Improvements financed <br />hereunder unless the resolution ordering said Improvement <br />specifies a different time limit for the letting of construction <br />contracts. The City hereby further covenants and agrees that it <br />will do and perform as soon as they may be done, all acts and <br />things necessary for the final and valid levy of such special <br />assessments, and in the event that any such assessment be a~ any <br />time held invalid with respect to any lot, piece or parcel of <br />land due to any error, defect, or irregularity in any action or <br />proceedings taken or to be taken by the City or the Council or <br />any of the City officers or employees, either in the making of <br />the assessments or in the performance of any condition precedent <br />thereto, the City and the Council will forthwith do all further <br />acts and take all further proceedings as may be required by law <br />to make the assessments a valid and binding lien upon such <br />property. <br /> <br /> At the time all of the assessments are in fact levied <br />the Council shall, based on the then-current estimated col- <br />lections of the assessments, make any adjustments in any ad <br />valorem taxes required to be levied in order to assure that the <br />City continues to be in compliance with Minnesota Statutes, <br />Section 475.61, Subdivision 1. <br /> <br /> 18. 105% Debt Service Coveraqe. It is hereby <br />determined and reasonably anticipated that the estimated <br />collections of special assessments relating to the Improvements <br />and the other revenues available to the Debt Service Account will <br />produce at least 5% in excess of the amount needed, to meet, when <br />due, the principal of and interest on the Bonds. The City Clerk <br />is directed to file a certified copy of this Resolution with the <br />County Auditor of Sherburne County and to obtain the certificate <br />of said official required by Minnesota Statutes, Section 475.63. <br /> <br /> 19. General Obliqation Pledqe. The full faith and <br />credit and taxing powers of the City are hereby pledged to the <br />payment of the principal of and interest on the Bonds, and in the <br />event of any current or anticipated deficiency of funds in the <br />Debt Service Account of amounts needed to make any such payment, <br />when due, the Council shall levy ad valorem taxes on all taxable <br />property in the City in the amount of such deficiency. If the <br />balance in the Debt Service Account is ever insufficient to pay <br />all principal and interest then due on the Bonds and any other <br /> <br />999~9~.~ 20 <br /> <br /> <br />
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