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#11-12-236
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#11-12-236
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apart from all other funds maintained in the official financial records of the City. The fund shall <br />be maintained in the manner herein specified until the Bonds and the interest thereon shall have <br />been fully paid. In such records there shall be established and maintained the following separate <br />accounts, for the purposes as follows: <br />(a) Escrow Account. The Escrow Account shall be maintained as an escrow account <br />with Northland Trust Services, Inc. (the "Escrow Agent "), in Minneapolis, Minnesota, which is a <br />suitable financial institution within or without the State. $3,091,403.60 in proceeds of the sale of <br />the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to <br />pay costs of issuing the Bonds. Proceeds of the Bonds less proceeds used to pay costs of <br />issuance and any proceeds returned to the City are hereby irrevocably pledged and appropriated <br />to the Escrow Account, together with all investment earnings thereon. The Escrow Account <br />shall be invested in securities maturing or callable at the option of the holder on such dates and <br />bearing interest at such rates as shall be required to provide sufficient funds, together with any <br />cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on <br />the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the <br />Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be <br />irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the <br />Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for <br />redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for <br />the purposes herein set forth and for no other purpose, except that any surplus in the Escrow <br />Account may be remitted to the City, all in accordance with an agreement (the "Escrow <br />Agreement ") by and between the City and Escrow Agent, a form of which agreement is on file in <br />the office of the Administrator. Any moneys remitted to the City pursuant to the Escrow <br />Agreement shall be deposited in the Debt Service Account. <br />(b) Debt Service Account. To the Debt Service Account there is hereby pledged and <br />irrevocably appropriated and there shall be credited: (i) after the Crossover Date, all uncollected <br />payments from Anoka County pursuant to the Joint Powers Agreement which payments are due <br />on January 1 of each year, pursuant to the payment schedule attached to the Joint Powers <br />Agreement; (ii) any collections of all taxes heretofore or hereafter levied for the payment of the <br />Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the <br />Refunding; (iii) any sums remitted to the City upon the termination of the Escrow Agreement; <br />(iv) all investment earnings on funds in the Debt Service Account; and (v) any and all other <br />moneys which are properly available and are appropriated by the governing body of the City to <br />the Debt Service Account. The amount of any surplus remaining in the Debt Service Account <br />when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, <br />Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to <br />pay the principal of and interest on the Bonds or any other bonds hereafter issued and made <br />payable from the Fund. <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 (a) for a reasonable temporary period until such proceeds are <br />needed for the purpose for which the Bonds were issued, and (b) 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 />4378245v1 <br />
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