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07-054 RES
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07-054 RES
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12/3/2007 3:34:04 PM
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6/8/2007 10:39:47 AM
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City Government
type
RES
date
6/4/2007
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<br />e <br /> <br />e <br /> <br />e <br /> <br />Account; and (viii) any and all other moneys which are properly available and are appropriated <br />by the governing body of the City to the Debt Service Account. The Debt Service Account shall <br />be used solely to pay the principal and interest and any premiums for redemption of the Bonds <br />and any other general obligation bonds of the City hereafter issued by the City and made payable <br />from said account as provided by law. <br /> <br />No portion of the proceeds ofthe 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 (I) 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 5% of the proceeds of the Bonds or $100,000. To this <br />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 I49(b) of the <br />Internal Revenue Code of 1986, as amended (the "Code"). <br /> <br />16. Assessments. It is hereby determined that no less than 20% of the cost to the City <br />of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section <br />475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every <br />assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby <br />covenants and agrees that it will let all construction contracts not heretofore let within one year <br />after ordering each Improvement financed hereunder unless the resolution ordering the <br />Improvement specifies a different time limit for the letting of construction contracts. The City <br />hereby further covenants and agrees that it will do and perform as soon as they may be done all <br />acts and things necessary for the final and valid levy of such special assessments, and in the <br />event that any such assessment be at any time held invalid with respect to any lot, piece or parcel <br />of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken <br />by the City or the City Councilor any of the City officers or employees, either in the making of <br />the assessments or in the performance of any condition precedent thereto, the City and the City <br />Council will forthwith do all further acts and take all further proceedings as may be required by <br />law to make the assessments a valid and binding lien upon such property. The special <br />assessments have heretofore been authorized. Subject to such adjustments as are required by the <br />conditions in existence at the time the assessments are levied, it is hereby determined that the <br />assessments shall be payable in equal, consecutive, annual installments, with general taxes for <br />the years shown below and with interest on the declining balance of all such assessments at the <br />rates per annum not less than the rate per annum set forth opposite the collection years specified <br />below: <br /> <br />2026828vl <br /> <br />16 <br />
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