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<br />3.02. The City Administrator is directed to obtain a copy of the proposed approving <br />legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be <br />complete except as to dating thereof and to cause the opinion to be printed on or accompany <br />each Bond. <br /> <br />Section 4. <br /> <br />Payment: Security: Pledges and Covenants. <br /> <br />4.01. (a) The Bonds are payable from the Improvement Bonds, Series 1998 Debt <br />Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter <br />levied (Taxes), and special assessments (Assessments). .levied or to be levied for the <br />improvements described in Section 1.01 (Improvements) financed by the Bonds are hereby <br />pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes <br />due when there is not sufficient money in the Debt Service Fund to pay the same, the City <br />Administrator is directed to pay such principal or interest from the general fund of the City, and <br />the general fund will be reimbursed for the advances out of the proceeds of Assessments and <br />Taxes when collected. There is appropriated to the Debt Service Fund (i) capitalized interest <br />financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by <br />the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of <br />the Bonds. <br /> <br />(b) The proceeds of the Bonds, less the appropriations made in paragraph (a), <br />together with any other funds appropriated for the Improvements and Assessments and Taxes <br />collected during the construction of the Improvements will be deposited in a separate <br />construction fund (which may contain separate accounts for each Improvement) to be used <br />solely to defray expenses of the Improvements and the payment ,of principal and interest on the <br />"Bonds prior to the completion and payment of all costs of the Improvement. Any balance <br />remaining in the construction fund after completion of the Improvements may be used to pay the <br />cost in whole or in part of any other improvement instituted under the Act. When the <br />Improvements are completed and the cost thereof paid, the construction account is to be closed <br />and subsequent collections of Assessments and Taxes for the Improvements are to be deposited <br />in the Debt Service Fund. <br /> <br />4.02. It is hereby determined that the Improvements will directly and indirectly benefit <br />abutting property, and the City hereby covenants with the holders from time to time of the <br />Bonds as follows: <br /> <br />(a) The City has caused or will cause the Assessments for the Improvements <br />to be promptly levied so that the first installment will be collectible not later than 1999 <br />and will take all steps necessary to assure prompt collection, and the levy of the <br />Assessments is hereby authorized. The City Council will cause to be taken with due <br />diligence all further actions that are required for the construction of each Improvement <br />financed wholly or partly from the proceeds of the Bonds, and will take all further <br />actions necessary for the final and valid levy of the Assessments and the appropriation of <br />any other funds needed to pay the Bonds and interest thereon when due. <br /> <br />DJK-148161 <br />CE155-15 <br />