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08-008 RES
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08-008 RES
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2/8/2008 1:48:33 PM
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City Government
type
RES
date
1/22/2008
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• appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section <br />475.61 for the payment of the principal and interest of the Bonds; (ii) accrued interest received <br />upon delivery of the Bonds; (iii) any collections of all taxes which may hereafter be levied in the <br />event the net revenues of the System and other funds herein pledged to the payment of the <br />principal and interest on the Bonds are insufficient therefor; (iv) any balance remitted to the City <br />upon the termination of the Escrow Agreement; (v) any balance remaining after the Call Date, in <br />the Redemption Fund; (vi) any balance remaining after the Crossover Date, in the General <br />Obligation Water Revenue Bonds, Series 2001A Fund created by the Prior 2001 Resolution; (vii) <br />all investment earnings on funds in the Debt Service Account; and (viii) 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 are paid shall be used consistent with Minnesota Statutes, Section 475.61, <br />Subdivision 4. <br />The moneys in the Debt Service Account shall be used solely to pay the principal of and <br />interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No <br />portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher <br />yielding investments or to replace funds which were used directly or indirectly to acquire higher <br />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 Fund (or any <br />other City account which will be used to pay principal and interest to become due on the Bonds) <br />• in excess of amounts which under the applicable federal arbitrage regulations maybe invested <br />without regard as to yield shall not be invested in excess of the applicable yield restrictions <br />imposed by the azbitrage regulations on such investments after taking into account any <br />applicable "temporary periods" or "minor portion" made available under the federal arbitrage <br />regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested <br />in obligations or deposits issued by, guaranteed by or insured by the United States or any agency <br />or instrumentality thereof if and to the extent that such investment would cause the Bonds to be <br />"federally guazanteed" within the meaning of Section 149(b) of the federal Internal Revenue <br />Code of 1986, as amended (the "Code"). <br />17. Sufficiency of Net Revenues; Covers eg Test. It is hereby found, determined and <br />declazed that the net revenues of the System are sufficient to pay, together with other sums <br />pledged to the payment of the Outstanding Bonds, one hundred five percent of the principal of <br />and interest on the Bonds and the Outstanding Bonds and the net revenues of the System are <br />hereby pledged on a parity lien with the Outstanding Bonds to the payment of the Bonds, but <br />solely to the extent required to meet, together with other pledged sums, the principal and interest <br />requirements of the Bonds. Nothing contained herein shall be deemed to preclude the City from <br />malflng further pledges and appropriations of the net revenues of the System for the payment of <br />other or additional obligations of the City, provided that it has first been determined by the City <br />Council that the estimated net revenues of the System will be sufficient in addition to all other <br />sources, for the payment of the Bonds and such additional obligations and any such pledge and <br />appropriation of the net revenues may be made superior or subordinate to, or on a parity with the <br />• pledge and appropriation herein. <br />si i~ooi~i 17 <br />
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