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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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Improvement Portion of the Bonds and any other general obligation bonds of the <br />City hereafter issued by the City and made payable from said subaccount as <br />provided by law. <br />(ii) State -Aid Improvements Debt Service Subaccount. There are hereby irrevocably <br />appropriated and pledged to, and there shall be credited to, the State -Aid <br />Improvements Debt Service Subaccount: (A) upon receipt from the <br />Commissioner of Finance of the State of Minnesota, the annual amount of money <br />needed for payment of principal and interest due each year on the State -Aid <br />Portion of the Bonds from moneys allotted or to be allotted to the City from its <br />account in the Municipal State -Aid Street Fund; (B) a pro rata share of all accrued <br />interest received upon delivery of the Bonds; (C) any collections of all taxes <br />hereafter levied for the payment of the State -Aid Portion of the Bonds; (D) a pro <br />rata share of all funds remaining in the Construction Account after completion of <br />the State -Aid Improvements and payment of the costs thereof; (E) all investment <br />earnings on funds held in the State -Aid Improvements Debt Service Subaccount; <br />and (F) any and all other moneys which are properly available and are <br />appropriated by the governing body of the City to the State -Aid Improvements <br />Debt Service Subaccount. The State -Aid Improvements Debt Service Subaccount <br />shall be used solely to pay the principal and interest and any premiums for <br />redemption of the State -Aid Portion of the Bonds and any other general obligation <br />bonds of the City hereafter issued by the City and made payable from the State - <br />Aid Improvements Debt Service Subaccount as provided by law. <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 for which the Bonds were issued and (2) in addition to the above in an <br />amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To <br />this effect, any proceeds of the Bonds and any sums from time to time held in the Construction <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 in obligations or deposits issued by, guaranteed by or insured by the United <br />States or any agency or instrumentality thereof if 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 />16. Covenants Relating to the Improvement Portion of the Bonds. <br />(a) Assessments. It is hereby determined that no less than one hundred percent of the <br />cost to the City of each Public Improvement financed hereunder within the meaning of <br />Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be <br />levied against every assessable lot, piece and parcel of land benefited by any of the Public <br />4057760v3 <br />17 <br />
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