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<br />14. Delivery: Application of Proceeds. The Bonds when so prepared and executed <br />shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, <br />and the Purchaser shall not be obliged to see to the proper application thereof. <br /> <br />15. Fund and Accounts. There is hereby created a special fund to be designated the <br />"General Obligation Municipal Building Bonds, Series 2003A Fund" (the "Fund"), to be <br />administered and maintained by the Finance Director as a bookkeeping account separate and <br />apart from all other accounts maintained in the official fmancial records of the City. The Fund <br />shall be maintained in the manner herein specified until all of the Bonds and the interest thereon <br />have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be <br />designated the "Construction Account" and "Debt Service Account", respectively. <br /> <br />(a) Construction Account. To the Construction Account there shall be credited the <br />proceeds of the sale of the Bonds, less accrued interest received thereon, less any amount paid <br />for the Bonds in excess of $9,593,300. From the Construction Account there shall be paid all <br />costs and expenses of making the Project, including the cost of any construction contracts <br />heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota <br />Statutes, Section 475.65. The moneys in the Construction Account shall be used for no other <br />purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also <br />be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of <br />commencement of the collection of taxes herein levied; and provided further that if upon <br />completion of the Project there shall remain any unexpended balance in the Construction <br />Account, the balance shall be transferred by the Council to the Debt Service Account. <br /> <br />(b) Debt Service Account. There are hereby pledged and there shall be credited to <br />the Debt Service Account: (i) all accrued interest received upon delivery of the Bonds; (ii) any <br />amount paid for the Bonds in excess of $9,593,300; (iii) $246,582.16 of City funds (together <br />with interest earnings thereon and subject to such other adjustments as are appropriate to provide <br />sufficient funds to pay interest due on the Bonds on or before March 1, 2004); (iv) collections of <br />all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (v) all <br />funds remaining in the Construction Account after completion of the Project and payment of the <br />costs thereof; (vi) all investment earnings on moneys held in the Debt Service Account; and (vii) <br />any and all other moneys which are properly available and are appropriated by the governing <br />body of the City to the Debt Service Account. The Debt Service Account shall be used solely to <br />pay the principal and interest and any premiums for redemption of the Bonds and any other <br />general obligation bonds of the City hereafter issued by the City and made payable from the Debt <br />Service Account as provided by law. <br /> <br />No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher <br />yielding investments or to replace funds which were used directly or indirectly to acquire higher <br />yielding investments, except (1) for a reasonable temporary period until such proceeds are <br />needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an <br />amount not greater than five percent (5%) of the proceeds of the Bonds. To this effect, any sums <br />from time to time held in the Construction Account or Debt Service Account (or any other City <br />fund or account which will be used to pay principal or interest to become due on the bonds <br />payable therefrom) in excess of amounts which under then applicable federal arbitrage <br />regulations may be invested without regard as to yield shall not be invested at a yield in excess of <br /> <br />16 <br /> <br />1493021vl <br />