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3.02. The City Clerk -Treasurer is directed to obtain a copy of the <br />proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, <br />Minnesota, which is to be complete except as to dating thereof and to cause the <br />opinion to be printed on each Bond, together with a certificate to be signed by <br />the facsimile signature of the Clerk -Treasurer in substantially the form set <br />forth in the form of Bond. The Clerk -Treasurer is authorized and directed to <br />execute the certificate in the name of the City upon receipt of the opinion and <br />to file the opinion in the City offices. <br />Section 4. Payment: Security: Pledges and Covenants. <br />4.01. The Bonds are payable from the General Obligation Temporary <br />Improvement Bonds, Series 1991A Debt Service Fund (Debt Service Fund) hereby <br />created, and special assessments (Assessments) levied or to be levied for the <br />improvements (Improvements) financed by the Bonds are hereby pledged pledged to <br />the Debt Service Fund. If any payment of principal or interest on the Bonds <br />becomes due when there is not sufficient money in the Debt Service Fund to pay <br />the same, the Clerk -Treasurer is authorized and directed to pay such principal <br />or interest from the general fund of the City, and the general fund will be <br />reimbursed for such advances out of the proceeds of Assessments for the <br />Improvements when collected. There is appropriated to the Debt Service Fund all <br />(i) capitalized interest financed from Bond proceeds, if any, (ii) any amount <br />over the minimum purchase price paid by the Purchaser and (iii) accrued interest <br />paid by the Purchaser upon closing and delivery of the Bonds. <br />4.02. It is determined that the Improvements to be financed by the Bonds <br />do and will directly and indirectly benefit the abutting property, and the City <br />hereby covenants with the holders from time to time of the Bonds as follows: <br />(a) The City has caused or will cause the Assessments for the Im- <br />provements to be promptly levied so that the first installment will be <br />collectible not later than 1992 and will take all steps necessary to assure <br />prompt collection, and the levy of the Assessments is hereby authorized. <br />The City Council will cause all further actions and proceedings relative <br />to the making and financing of the Improvements financed hereby to be taken <br />with due diligence that are required for the construction of each Improve- <br />ment financed wholly or partly from the proceeds of the Bonds, and for the <br />final and valid levy of the Assessments and the appropriation of any other <br />funds needed to pay the Bonds and interest thereon when due. <br />(b) In the event of a current or anticipated deficiency in the <br />Assessments, the City Council will levy ad valorem taxes in the amount of <br />the deficiency. <br />(c) The City will keep complete and accurate books and records <br />showing: receipts and disbursements in connection with the Improvements, <br />Assessments levied therefor and other funds appropriated for their payment, <br />collections thereof and disbursements therefrom, moneys on hand and, the <br />balance of unpaid Assessments. <br />(d) The City will cause its books and records to be audited at least <br />annually and will furnish copies of such audit reports to any interested <br />person upon request. <br />