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<br />1495 <br /> <br />and there shall be credited to the Common Sinking Fund Account, all <br />collections of special assessments herein covenanted to be +evied, all <br />accrued interest received upon delivery of said bonds, all funds paid for <br />the bonds in excess of $390,200, and all funds remaining in said 1974 Imp- <br />rovement Bonds Construction Account after completion of the improvements and <br />payment of the costs thereof, not so transferred to the Construction Account <br />of another improvement. The Common Sinking Fund Account shall be used solely <br />to pay principal and interest on the bonds issued hereunder and all other general <br />obligation improvement bonds of the City hereafter issued by the City and made <br />payable from said Account. <br /> <br />Any (a) earnings or net profits derived from investment or de- <br />posit of the proceeds of said bonds not expended for said improvements, <br />(b) accrued interestand premium received upon the sale of said bonds, and <br />(c) any other bond proceeds not expended for said improvements will be <br />applied against interest and/or principal due on said bonds within three <br />years of their date of issue. <br /> <br />--, <br /> <br />9. It is hereby determined that no less than $395,000 of the cost <br />of improvements shall be paid by special assessments to be levied against <br />every assessable lot, piece and parcel of land benefited by said improve- <br />ments. Said amount is not less than 20% of the cost of the improvements to <br />the City within the meaning of Minnsota Statutes, Section 475.58, Subdivision <br />1 (3). The City hereby covenants and agrees that it will do and perform as <br />soon as they may be done, all acts and things necessary for the final and <br />valid levy of such special assessments, and in the event that any such assess- <br />ment 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 proceed- <br />ings taken or to be taken by the City or this Councilor any of the City <br />officers or employees, either in the making of such assessments or in the <br />performance of any condition precedent thereto, the City and this Council will <br />forthwith do all such further acts and take all such further proceedings as may be <br />required by law to make such assessments a valid and binding lien upon such <br />property. Said assessments shall be payable in equal, consecutive, annual in- <br />stallments, with general taxes for the years shown below and with interest on <br />the deferred balance of all such assessments at the rate of 8%per annum: <br /> <br />LEVY YEARS <br /> <br />l_ <br /> <br />IMPROVEMENT <br />DESIGNATION <br /> <br />AMOUNT <br /> <br />Improvements 1974 <br /> <br />$395,000 <br /> <br />1974-83 <br /> <br />Said special assessments are such that if collected in full they, <br />together with estimated collections of other revenues pledged for the pay- <br />ment of said bonds, will produce at least five per cent in excess of the <br />amount needed to meet when due the principal and interest payments on the <br />bonds. <br /> <br />For the prompt and full payment of the principal of and interest <br />on said bonds, as the same respectively become due, the full faith, credit <br />and taxing powers of the City shall be and are hereby irrevocably pledged. <br /> <br />10. The City Clerk is hereby directed to file a certified copy <br />of this resolution with the County Auditor of Dakota County, Minnesota, <br />together with such other information as he shall require, and to obtain <br />from said Auditor his certificate that said bonds have been entered in the <br />said Auditor's Bond Register. <br /> <br />11. The officers of the City are hereby authorized and directed <br />to prepare and furnish to the purchaser of said bonds, and to the attorneys <br />approving the legality of the issuance thereof, certified copies of all <br />proceedings and records of the City relating to said bonds and to the fin- <br />ancial condition and affairs of the City, and such other affidavits, certi- <br />ficates and information as are required to show the facts relating to the <br />legality and marketability of said bonds as the same appear from the books <br />and records under their custody and control or as otherwise known to them, <br />and all such certified copies, certificates and affidavits, ,including any <br />heretofore furnished, shall be deemed representations of the City as to the <br />facts recited therein. <br />