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be spread upon the tax rolls and collected with and as part of other general property taxes in the <br />City. The tax levies are such that if collected in full they will produce at least five percent in <br />excess of the amount needed to meet when due the principal and interest payments on the Capital <br />Improvement Plan Portion of the Bonds. The tax levies shall be irrepealable so long as any of <br />the Capital Improvement Plan Portion of the Bonds are outstanding and unpaid, provided that the <br />City reserves the right and power to reduce the levies in the manner and to the extent permitted <br />by Minnesota Statutes, Section 475.61, Subdivision 3. <br />17. Covenants Relating to the System Revenue Portion of the Bonds. <br />(a) Sufficiency of Net Revenues. It is hereby found, determined and declared that the <br />net revenues of the System are sufficient in amount to pay when due the principal of interest on <br />the System Revenue Portion of the Bonds and a sum at least five percent in excess thereof. The <br />net revenues of the System are hereby pledged and shall be applied for that purpose, but solely to <br />the extent required to meet the principal and interest requirements of the Bonds as the same <br />become due. <br />Nothing contained herein shall be deemed to preclude the City from making further <br />pledges and appropriations of the net revenues of the System for the payment of other or <br />additional obligations of the City, provided that it has first been determined by the City Council <br />that the estimated net revenues of the System will be sufficient in addition to all other sources, <br />for the payment of the System Revenue Portion of the Bonds and such additional obligations and <br />any such pledge and appropriation of the net revenues may be made superior or subordinate to, <br />or on a parity with the pledge and appropriation herein. <br />(b) Excess Net Revenues. Net revenues in excess of those required for the foregoing <br />may be used for any proper purpose. <br />(c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, <br />Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will <br />impose and collect charges for the service, use, availability and connection to the System at the <br />times and in the amounts required to produce net revenues adequate to pay all principal and <br />interest when due on the System Revenue Portion of the Bonds. Minnesota Statutes, Section <br />444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and <br />then on a temporary basis, to pay general or special obligations when the other revenues are <br />insufficient to meet the obligations ". <br />18. Defeasance. When all Bonds have been discharged as provided in this paragraph, <br />all pledges, covenants and other rights granted by this resolution to the registered holders of the <br />Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with <br />respect to any Bonds which are due on any date by irrevocably depositing with the Bond <br />Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond <br />should not be paid when due, it may nevertheless be discharged by depositing with the Bond <br />Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such <br />deposit. The City may also discharge its obligations with respect to any prepayable Bonds called <br />for redemption on any date when they are prepayable according to their terms, by depositing <br />with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, <br />18 <br />5962970v1 <br />