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07-048 RES
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07-048 RES
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12/3/2007 3:34:05 PM
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5/22/2007 8:33:54 AM
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City Government
type
RES
date
5/7/2007
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<br />e <br /> <br />e <br /> <br />e <br /> <br />6. The Finance Director shall obtain a copy of the proposed approving legal opinion <br />ofbond counsel for the Certificate, Briggs and Morgan, Professional Association, St. Paul, <br />Minnesota, and shall cause such opinion to be filed in the offices of the City. <br /> <br />7. The Certificate shall be executed on behalf of the City by the manual signatures of <br />the Mayor and the Administrator and shall be duly registered by the manual signature of the <br />Finance Director as Registrar. The official seal of the City shall be impressed upon the <br />Certificate. The Certificate, when fully executed and sealed, shall be delivered by the Finance <br />Director to the Purchaser upon receipt of the purchase price thereof, and the Purchaser shall not <br />be obligated to see to the proper application thereof. <br /> <br />8. The proceeds of the Certificate shall be deposited in and expended from a <br />separate capital account or subaccount of the City to provide financing for the Equipment. The <br />Finance Director shall establish and maintain a separate debt service account or subaccount (the <br />"Debt Service Account") for the payment of the Certificate. The Debt Service Account shall be <br />maintained to pay the debt service on the Certificate and any additional obligations of the City <br />which may hereafter be made payable therefrom. <br /> <br />9. The Debt Service Account shall be held in trust by the City for the benefit of the <br />Registered Owner from time to time ofthe Certificate, as hereinafter provided. Until the <br />principal of and interest on the Certificate are paid, or until the Certificate is otherwise <br />discharged as hereinafter provided, there shall be credited to and maintained in the Debt Service <br />Account: (a) the proceeds of the general ad valorem taxes levied by the City for the purpose of <br />paying the principal of and interest on the Certificate, including the taxes levied in 2006 for <br />collection in 2007, in anticipation of the issuance of the Certificate; and (b) any other funds <br />which are properly available and are appropriated by the Council to the Debt Service Account. <br />The aforesaid funds, when deposited in the Debt Service Account, shall be used only and <br />exclusively for, and are hereby pledged to, the payment of the principal of and interest on the <br />Certificate, when due, and such other obligations ofthe City as may be made payable therefrom. <br />If any payment of principal or interest shall become due when there are not sufficient funds in <br />the Debt Service Account to pay the same, the Finance Director shall pay such principal or <br />interest from the general fund or other available fund of the City, and such fund shall be <br />reimbursed for such advances from the proceeds of the ad valorem taxes levied for such purpose, <br />when collected. <br /> <br />10. The full faith and credit and taxing powers of the City are hereby pledged to the <br />payment of the principal of and interest on the Certificate, and in the event of any current or <br />anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such <br />payment, when due, the City Council shall levy ad valorem taxes on all taxable property in the <br />City in the amount of such deficiency. <br /> <br />11. To provide moneys for payment of the principal of and interest on the Certificate <br />there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax <br />which shall be spread upon the tax rolls and collected with and as part of other general property <br />taxes in the City for the years and in the amounts as follows: <br /> <br />2014559vl <br /> <br />6 <br />
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