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<br />payment of the costs of the Improvements upon adoption of a <br />resolution by the City Council determining that the <br />application of the special assessments for such purpose will <br />not cause the City to no longer be in compliance with <br />Minnesota statutes, Section 475.61, Subdivision 1. <br /> <br />(ii) Debt Service Account. There are hereby pledged <br />and there shall be credited to the Debt Service Account: <br />(a) all collections of special assessments herein covenanted <br />to be levied with respect to the Project and either <br />initially credited to the Construction Account and not <br />already spent as permitted above and required to pay any <br />principal and interest due on the Bonds or collected <br />subsequent to the completion of the Improvements and payment <br />of the costs thereof; (b) all accrued interest received upon <br />delivery of the Bonds; (c) all funds paid for the Bonds in <br />excess of $2,178,000; (d) capitalized interest in the amount <br />of $479,565 (together with interest earnings thereon and <br />subject to such other adjustments as are appropriate to <br />provide sufficient funds to pay interest due or accruing on <br />the Bonds through September 1, 1992); (e) any collections of <br />all taxes herein or hereafter levied for the payment of the <br />Bonds and interest thereon; (f) all funds remaining in the <br />Construction Account after completion of the Improvements <br />and payment of the costs thereof, not so transferred to the <br />account of another improvement; (g) all investment earnings <br />on moneys held in the Debt Service Account; and (h) any and <br />all other moneys which are properly available and are <br />appropriated by the governing body of the City to the Debt <br />Service Account. The Debt Service Account shall be used <br />solely to pay the principal and interest and any premiums <br />for redemption of the Bonds and any other general obligation <br />bonds of the City hereafter issued by the City and made <br />payable from the Debt Service Account as provided by law. <br /> <br />No portion of the proceeds of the Bonds shall be used <br />directly or indirectly to acquire higher yielding investments or <br />to replace funds which were used directly or indirectly to <br />acquire higher yielding investments, except (1) for a reasonable <br />temporary period until such proceeds are needed for the purpose <br />for which the Bonds were issued, and (2) in addition to the above <br />in an amount not greater than five percent (5%) of the proceeds <br />of the Bonds. To this effect, any sums from time to time held in <br />the Construction Account or Debt Service Account (or any other <br />City fund or account which will be used to pay principal or <br />interest to become due on the bonds payable therefrom) in excess <br />of amounts which under then-applicable federal arbitrage <br />regulations may be invested without regard as to yield shall not <br />be invested at a yield in excess of the applicable yield <br /> <br />26250 <br /> <br />36 <br />