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-106- <br /> <br />appropriated by the governing body of the City to the Debt Service Account. The Debt Service <br />Account shall be used solely to pay the principal and interest and any premiums for redemption <br />of the Bonds and any other general obligation bonds of the City hereafter issued by the City and <br />made payable from said account as provided by law. <br /> <br /> No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire <br />higher yielding investments or to replace funds which were used directly or indirectly to acquire <br />higher yielding investments, except (1) for a reasonable temporary period until such proceeds are <br />needed for the purpose tbr which the Bonds were issued and (2) in addition to the above in an <br />amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. <br />To this effect, any proceeds of the Bonds and any sums from time to time held in the Capital <br />Account or Debt Service Account (or any other City account which will be used to pay principal <br />or interest to become due on the bonds payable therefrom) in excess of amounts which under <br />then-applicable federal arbitrage regulations may be invested without regard to yield shall not be <br />invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage <br />regulations on such investments after taking into account any applicable "temporary.periods" or <br />"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall <br />not be invested [n obligations or deposits issued by, guaranteed by or insured by the United <br />States or any agency or instrumentality thereof [f and to the extent that such investment would <br />cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the <br />Internal Revenue Code of 1986, as amended (the "Code"). <br /> <br /> 16. Original Net Tax Capacity; Tax Increments; Use of Tax Increments. The County <br />Auditor of Anoka County has certified the original net tax capacity of property in the Tax <br />Increment District. The County Auditor shall determine in each year if the then-current net tax <br />capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall <br />calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the <br />captured net tax capacity (as defined therein) attributable, to the Tax Increment District. The City <br />hereby determines to retain 100% of the captured tax capacity for purposes of tax increment <br />financing. The County Auditor shall, in each such year, compute the local tax rate to be <br />extended against the capmrad net tax capacity in ttte manner provided in Minnesota Statutes, <br />Section 469.177, Subdi,ifs]bn 3, and the tax generated thereby shall constitute the Tax <br />Increments for the year in which it is received. The County Treasurer will remit to the City the <br />Tax Increments so received. The City hereby appropriates the Tax Increments to the Debt <br />Service Account, which appropriation shall continue until all of the Bonds and any additional <br />bonds payable from the Debt Service Account, are paid or discharged. The City hereby <br />expressly reserves the fight to use. the Tax Increments to finance costs set forth in the Plan not <br />financed hereby or to finance costs of other projects to be undertaken from time to time within <br />the Development District in accordance with the Program and the Plan, as they may from time to <br />time be amended. <br /> <br /> 17. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the <br />City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments <br /> <br />~8 <br /> <br />1237483.1 <br /> <br />I <br />i <br />i <br /> I1! <br />i <br /> <br />,I <br /> I <br /> I <br /> :1 <br /> I <br /> I <br /> 1 <br /> <br /> <br />