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the balance (other than any special assessments) may be <br />transferred by the Council to the fund of any other improvement <br />instituted pursuant to Minnesota Statutes, Chapter 429; and <br />provided further that any special assessments credited to the <br />Capital Account shall only be applied towards payment of the <br />costs of the Improvements upon adoption of a resolution by the <br />City Council determining that the application of the special <br />assessments for such purpose will not cause the City to no longer <br />be in compliance with Minnesota Statutes, Section 475.61, <br />Subdivision 1. <br /> <br /> (ii) Debt Service Account. There are hereby irrevocably <br />appropriated and pledged to, and there shall be credited to, the <br />Debt Service Account: (a) all collections of special assessments <br />herein covenanted to be levied with respect to the Improvements <br />and either initially credited to the Capital Account and not <br />already spent as permitted above and required to pay any <br />principal and interest due on the Bonds or collected subsequent <br />to the completion of the Improvements and payment of the co~ts <br />thereof; (b) the accrued interest received upon delivery of the <br />Bonds plus $ of other proceeds of the Bonds, all to be <br />used to pay the interest first coming due thereon; (c) any <br />collections of all taxes herein or hereafter levied for the <br />payment of the Bonds and interest thereon; (d) all funds <br />remaining in the Capital Account after completion of the <br />Improvements and payment of the costs thereof, not so transferred <br />to the account of another improvement; (e) all investment <br />earnings on funds held in the Debt Service Account; and (f) any <br />and all other moneys which are properly available and are <br />appropriated by the Council to the Debt Service Account. The <br />Debt Service Account shall be used solely to pay the principal <br />and interest and any premiums for redemption of the Bonds and any <br />other general obligation bonds of the City hereafter issued by <br />the City and made payable from said account as provided by law. <br /> <br /> No portion of the proceeds of the Bonds shall be used <br />directly or indirectly to acquire higher yielding investments or <br />to replace funds which were used directly or indirectly to <br />acquire higher yielding investments, except (1) for a reasonable <br />temporary period until such proceeds are needed for the purpose <br />for which the Bonds were issued and (2) in addition to the above <br />in an amount not greater than the lesser of five percent (5%) of <br />the "Sale Proceeds" of the Bonds (being the "issue price" of the <br />Bonds less accrued interest). To this effect, any proceeds of <br />the Bonds and any sums from time to time held in the Capital <br />Account or Debt Service Account in excess of amounts which under <br />then-applicable federal arbitrage regulations may be invested <br />without regard to yield shall not be invested at a yield in <br />excess of the applicable yield restrictions imposed by said <br />arbitrage regulations on such investments after taking into <br />account any applicable "temporary periods" or "minor portion" <br />made available under the federal arbitrage regulations. Money in <br />the Fund shall not be invested in obligations or deposits issued <br />by, guaranteed by or insured by the United States or any agency <br />or instrumentality thereof if and to the extent that such <br /> <br /> <br />