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08-28-2000 Council Packet
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08-28-2000 Council Packet
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(b) for the purpose of refunding the principal of and interest on outstanding <br />Bonds not paid when due for lack of available net revenues. <br />So long as any of the Bonds are outstanding, the City covenants with and for the <br />benefit of each Bond holder that: <br />(a) The City will establish, maintain and collect such charges of the nature <br />authorized by Section 444.075, Minnesota Statutes, at the times and in the amounts <br />necessary so that the net revenues of the Sewer System, together with pledged special <br />assessments, will be sufficient to make the required payments into the Improvement <br />Bonds of 2000 Fund. <br />(b) The City will continue to own, operate and maintain the Sewer System of <br />the City as a revenue- producing utility free from all liens on the property thereof and <br />income therefrom other than the liens herein described or provided. <br />(c) The City will use its best efforts to comply with all applicable laws and <br />regulations of the United States of America and the State of Minnesota and each <br />department and agency thereof, including laws and regulations relating to public health <br />and water and sewer quality. The City will continue to use and operate the System to <br />the extent such use and operation is not prohibited by court order or regulation, but the <br />City may contest the validity or applicability of any law or regulation so long as the <br />System is not thereby subject to unreasonable penalties or risk of damage or forfeiture. <br />The City shall construct the improvements or extensions ultimately determined to be <br />necessary to comply with applicable laws or regulations so that the System may be used <br />and operated as a revenue-producing utility, and the City may issue additional <br />obligations secured by a parity lien on and ratably payable from the net revenues of the <br />System, as provided in paragraph 12 hereof, for the purpose of providing money for <br />said necessary improvements or extensions. <br />It is hereby found and determined that the foregoing revenues, will, together <br />with the estimated collection of pledged special assessments, produce at least five percent in <br />excess of the amount needed to meet when due the payments of principal and interest on the <br />Bonds; but the Bonds are general obligations of the City to which the full faith, credit and <br />unlimited taxing powers of the City have been and are hereby pledged; and the City Council <br />shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the <br />principal of and interest on the Bonds when due. <br />14. The City Clerk is authorized and directed to prep.tre and furnish to the <br />purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and <br />-15-
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