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4.03. It is determined that the estimated collections of Assessments and <br />interest thereon for payment of principal and interest on the Bonds will produce <br />at least five percent in excess of the amount needed to meet when due, the <br />principal and interest payments on the Bonds and that no tax levy is needed at <br />this time. <br />4.04. The City Clerk -Treasurer is directed to file a certified copy of <br />this resolution with the County Auditor of Anoka County and to obtain the <br />certificate required by Minnesota Statutes, Section 475.63. <br />4.05. In accordance with its statutory duties under Minnesota Statutes, <br />Section 429.091, Subdivision 5, the City covenants and agrees with the holders <br />of the Bonds that if the Bonds cannot be paid at maturity from the proceeds of <br />the Assessments or from other funds appropriated by the City Council, the Bonds <br />will be paid from the proceeds of definitive or additional temporary bonds that <br />will be issued and sold prior to the maturity date of the Bonds. <br />Section 5. Authentication of Transcript. <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 <br />copies of proceedings and records of the City relating to the Bonds and to the <br />financial condition and affairs of the City, and such other certificates, <br />affidavits and transcripts as may be required to show the facts within their <br />knowledge or as shown by the books and records in their custody and under their <br />control, relating to the validity and marketability of the Bonds and such <br />instruments, including any heretofore furnished, may be deemed representations <br />of the City as to the facts stated therein. <br />5.02. The Mayor and City Clerk -Treasurer are authorized and directed to <br />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 <br />their knowledge and belief the Official Statement is a complete and accurate <br />representation of the facts and representations made therein as of the date of <br />the Official Statement. <br />Section 6. Tax Covenant. <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 effect at <br />the time of such actions, and that it will take or cause its officers, employees <br />or agents to take, all affirmative action within its power that may be necessary <br />to ensure that such interest will not become subject to taxation under the Code <br />and applicable Treasury Regulations, as presently existing or as hereafter <br />amended and made applicable to the Bonds. <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 />