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15. Fund and Accounts. For the convenience and proper administration of the <br />moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to <br />the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund <br />to be designated the "General Obligation Improvement Refunding Bonds, Series 2004A Fund" <br />(the "Fund") to be administered and maintained by the Finance Director as a bookkeeping <br />account separate and apart from all other funds maintained in the official financial records of the <br />City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein <br />authorized and the interest thereon shall have been fully paid. There shall be maintained and <br />created in the fund the "Payment Account" and a"Debt Service Account". <br />(a) Pavment Account. The proceeds of the Bonds, less accrued interest and any <br />unused discount, shall be deposited in the Payment Account. On or prior to June 1,2004, the <br />Finance Director shall transfer $ of the proceeds of the Bonds from the Payment <br />Account to the paying agent for the Refunded Bonds, which sum is sufficient, together with <br />other funds on deposit in Prior Bonds Debt Service Fund created by the Prior Resolution to pay <br />the principal and interest due on the Refunded Bonds on June 1,2004, including the principal of <br />the Refunded Bonds called for redemption on that date. The remainder of the monies in the <br />Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining <br />in the Payment Account after payment of all costs of issuance and payment of the Refunded <br />Bonds shall be transferred to the Debt Service Account. <br />�b� Debt Service Account. To the Debt Service Account there is hereby pledged and <br />irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance <br />remaining after June 1,2004, in the Prior Bonds Debt Service Fund createdby the Prior <br />Resolution; (3) any uncollected special assessments which were heretofore pledged for the <br />payment of the Refunded Bonds and are herein pledged to the payment of the Bonds; (4) unused <br />discount; (5) all investment earnings on funds in the Debt Service Account; (6) any taxes herein <br />or hereafter levied for the payment of the Bonds; and (7) any and all other moneys which are <br />properly available and are appropriated by the governing body of the City to the Debt Service <br />Account. The amount of any surplus remaining in the Debt Service Account when the Bonds <br />and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, <br />Subdivision 4. <br />The moneys in the Debt Service Account shall be used solely to pay the principal of and interest <br />on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion <br />of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding <br />investments or to replace funds which were used directly or indirectly to acquire higher yielding <br />investments, except { 1) for a reasonable temporary period until such proceeds are needed for the <br />purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not <br />greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, <br />any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City <br />account which will be used to pay principal and interest to become due on the Bonds) in excess <br />of amounts which under the applicable federal arbitrage regulations may be invested without <br />regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by <br />the arbitrage regulations on such investments after taking into account any applicable "temporary <br />periods" or "minor portion" made available under the federal arbitrage regulations. In addition, <br />the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits <br />������ l3 <br />