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The City irrevocably appropriates to the Bond Fund (a) all amounts in excess of $2,045,160 <br />received from the Purchaser, plus capitalized interest in the amount of $43,755.08, (b) the <br />collections of special assessments and other funds to be credited and paid thereto in accordance <br />with the provisions of Section 4.01, (c) any taxes levied in accordance with this resolution, and <br />(d) all such other moneys as shall be received and appropriated to the Bond Fund from time to <br />time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal <br />then due on all bonds payable therefrom, the payment shall be made from any fund of the City <br />which is available for that purpose, subject to reimbursement from the Bond Fund when the <br />balance therein is sufficient, and the Council covenants and agrees that it will each year levy a <br />sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not <br />subject to any constitutional or statutory tax limitation. <br />There are hereby established two accounts in the Bond Fund, designated as the "Debt <br />Service Account" and the "Surplus Account." All money appropriated or to be deposited in the <br />Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, <br />the Finance Director shall determine the amount on hand in the Debt Service Account. If such <br />amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the <br />immediately preceding 12 months, the Finance Director shall promptly transfer the amount in <br />excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be <br />transferred thereto from the Debt Service Account as herein provided and all income derived <br />from the investment of amounts on hand in the Surplus Account. If at any time the amount on <br />hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the <br />Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus <br />Account to the extent necessary to cure such deficiency. <br />4.03. Additional Bonds. The City reserves the right to issue additional bonds payable <br />from the Bond Fund as may be required to finance costs of the Improvements not financed <br />hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy <br />or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if <br />any, which, together with other moneys or revenues pledged for the payment of said additional <br />obligations, will produce revenues at least five percent (5%) in excess of the amount needed to <br />pay when due the principal and interest on all bonds payable from the Bond Fund. The <br />additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or <br />agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided <br />by Minnesota Statutes, Section 475.61. <br />4.04. Levy of Special Assessments. The City hereby covenants and agrees that for <br />payment of the cost of each of the Improvements it will do and perform all acts and things <br />necessary for the full and valid levy of special assessments against all assessable lots, tracts and <br />parcels of land benefited thereby and located within the area proposed to be assessed therefor, <br />based upon the benefits received by each such lot, tract or parcel, in an aggregate principal <br />amount not less than twenty percent (20%) of the cost of the Improvements. In the event that <br />any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of <br />land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by <br />the City or this Council or any of the City's officers or employees, either in the making of such <br />assessment or in the performance of any condition precedent thereto, the City and this Council <br />-15- <br />