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#11-08-148
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#11-08-148
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11/19/2014 2:38:30 PM
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11/15/2011 11:42:35 AM
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manner herein specified until all of the Bonds and the interest thereon have been fully paid. <br />There shall be maintained in the Fund separate accounts, to be designated the "Construction <br />Account" and "Debt Service Account ", respectively: <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. From the Construction Account <br />there shall be paid all costs and expenses of the Improvements, including the cost of any <br />construction contracts heretofore let and all other costs incurred and to be incurred of the kind <br />authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the Construction <br />Account after completion of the Improvements shall be transferred to the Debt Service Account. <br />Moneys in the Construction Account shall be used for no other purpose except as otherwise <br />provided by law; provided that the proceeds of the Bonds may also be used to the extent <br />necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the <br />collection of taxes or special assessments herein levied or covenanted to be levied or receipt of <br />State -Aid funds, If upon completion of the Public Improvements there shall remain any <br />unexpended balance in the Construction Account for the Improvement Portion of the Bonds, the <br />balance (other than any special assessments) shall be transferred by the City Council to the <br />Improvements Debt Service Subaccount or the fund of any other improvement instituted <br />pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments <br />credited to the Construction Account for the Improvement Portion of the Bonds shall only be <br />applied towards payment of the costs of the Public Improvements upon adoption of a resolution <br />by the City Council determining that the application of the special assessments for such purpose <br />will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, <br />Subdivision 1. <br />(b) Debt Service Account. There shall be maintained two separate subaccounts in the <br />Debt Service Account to be designated the "Improvements Debt Service Subaccount" and the <br />"State -Aid Improvements Debt Service Subaccount." There are hereby irrevocably appropriated <br />and pledged to, and there shall be credited to the separate subaccounts of the Debt Service <br />Account: <br />4057760v3 <br />(i) <br />Improvements Debt Service Subaccount. To the Improvements Debt Service <br />Subaccount there shall be credited: (A) all collections of special assessments <br />herein covenanted to be levied with respect to the Improvements and either <br />initially credited to the Construction Account and not already spent as permitted <br />above and required to pay any principal and interest due on the Improvement <br />Portion of the Bonds or collected subsequent to the completion of the Public <br />Improvements and payment of the costs thereof; (B) a pro rata share of all accrued <br />interest received upon delivery of the Bonds; (C) any collections of all taxes <br />herein or hereinafter levied for the payment of the Improvement Portion of the <br />Bonds; (D) a pro rata share of all funds remaining in the Construction Account <br />after completion of the Public Improvements and payment of the costs thereof; <br />(E) all investment earnings on funds held in the Improvements Debt Service <br />Subaccount; and (F) any and all other moneys which are properly available and <br />are appropriated by the governing body of the City to the Improvements Debt <br />Service Subaccount. The Improvements Debt Service Subaccount shall be used <br />solely to pay the principal and interest and any premium for redemption of the <br />16 <br />
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