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<br />4.04. It is hereby determined that the estimated collections of Assessments <br />and foregoing Taxes will produce at least five percent in excess of the amount <br />needed to meet when due the principal and interest payments on the Bonds. The <br />tax levy herein provided is irrepealable until all of the Bonds are paid, provided <br />that the City Finance Director may annually, at the time the City makes its tax <br />levies, certify to the County Auditor the amount available in the Debt Service <br />Fund to pay principal and interest due during the ensuing year, and the County <br />Auditor will thereupon reduce the levy collectible during such year by the amount <br />so certified. <br /> <br />4.05. The City Manager is authorized and directed to file a certified copy <br />of this resolution with the County Auditor of Ramsey County and to obtàin the <br />certificate required by Minnesota Statutes, Section 475.63. <br /> <br />Section 5. <br /> <br />Authentication of Transcript. <br /> <br />5.01. The officers of the City are authorized and directed to prepare and <br />furnish to the Purchaser and to the attorneys approving the Bonds, certified copies <br />of proceedings and records of the City relating to the Bonds and to the financial <br />condition and affairs of the City, and such other certificates, affidavits and <br />transcripts as may be required to show the facts within their knowledge or as <br />shown by the books and records in their custody and under their control, relating to <br />the validity and marketability of the Bonds and such instruments, including any <br />heretofore furnished, may be deemed representations of the City as to the facts <br />stated therein. <br /> <br />5.02. The Manager and City Finance Director are authorized and directed <br />to certify that they have examined the Official Statement prepared and circulated <br />in connection with the issuance and sale of the Bonds and that to the best of their <br />knowledge and belief the Official Statement is a complete and accurate repre- <br />sentation of the facts and representations made therein as of the date of the <br />Official Statement. <br /> <br />Section 6. <br /> <br />Tax Covenant. <br /> <br />6.01. The City covenants and agrees with the holders from time to time of <br />the Bonds that it will not take or permit to be taken by any of its officers, <br />employees or agents any action which would cause the interest on the Bonds to <br />become subject to taxation under the Internal Revenue Code of 1986, as amended <br />(the Code), and the Treasury Regulations promulgated thereunder, in etfect at the <br />time of such actions, and that it will take or cause its officers, employees or <br />agents to take, all affirmative action within its power that may be necessary to <br />ensure that such interest will not become sUbject to taxation under the Code and <br />applicable Treasury Regulations, as presently existing or as hereafter amended and <br />lJ1,ade applicable to the Bonds, <br /> <br />6.02. (a) The City will comply with requirements necessary under the Code <br />to establish and maintain the exclusion from gross income of the interest on the <br />Bonds under Section 103 of the Code, including without limitation requirements <br />relating to temporary periods for investments', limitations on amounts invested at a <br />yield greater than the yield on the Bonds, and the rebate of excess investment <br />earnings to the United States if the Bonds (together with other obligations <br />reasonably expected to be issued in calendar year 1991) exceed the small-issuer <br />exception amount of $5,000,000. <br />