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01-067 RES
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01-067 RES
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12/3/2007 3:43:06 PM
Creation date
5/29/2002 8:49:57 PM
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City Government
type
RES
date
9/24/2001
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Revenues adequate, together with other sources of funding available to the Debt Service <br />Account, to pay all principal of and interest on the Bonds, when due. <br /> <br /> Nothing contained herein shall be deemed to preclude the City from making <br />further pledges and appropriations of the Net Revenues of the City's municipal water system and <br />utility for the payment of other or additional obligations of the City, provided that it has first <br />been determined that the estimated Net Revenues 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 said Net Revenues may be made superior or subordinate to, or on a parity with, <br />the pledge and appropriation herein. With respect to all currently outstanding obligations of the <br />City which are payable from the Net Revenues, the Council hereby determines that the estimated <br />Net Revenues will be sufficient, in addition to all other sources available for such purposes, for <br />the payment of the Bonds and all such other obligations. <br /> <br /> No portion of the proceeds of the Bonds shall be used directly or indirectly to <br />acquire higher yielding investments or to replace funds which were used directly or indirectly to <br />acquire higher yielding investments, except (1) for a reasonable temporary period until such <br />proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the <br />above in an amount not greater than the lesser of five percent (5%) of the "Sale Proceeds" of the <br />Bonds (being the "issue price" of the Bonds less accrued interest). To this effect, any proceeds <br />of the Bonds and any sums from time to time held in the Capital Account or Debt Service <br />Account in excess of amounts which under then-applicable federal arbitrage regulations may be <br />invested without regard to yield shall not be invested at a yield in excess of the applicable yield <br />restrictions imposed by said arbitrage regulations on such investments after taking into account <br />any applicable "temporary periods" or "minor portion" made available under the federal arbitrage <br />regulations. Money in the Fund shall not be invested in obligations or deposits issued by, <br />guaranteed by or insured by the United States or any agency or instrumentality thereof if and to <br />the extent that such investment would cause the Bonds to be "federally guaranteed" within the <br />meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the <br />"Code"). <br /> <br /> 17. 105% Debt Service Coverage. It is hei-eby determined and reasonably <br />anticipated that the estimated collections of Net Revenues and the other revenues available to the <br />Debt Service Account will produce at least 5% in excess of the amount needed to meet, when <br />due, the principal of and interest on the Bonds. The City Clerk is directed to file a certified copy <br />of this Resolution with the County Auditor of Sherburne County and to obtain the certificate of <br />said official required by Minnesota Statutes, Section 475.63. <br /> <br /> 18. General Obligation Pledge. The full faith and credit and taxing powers of <br />the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in <br />the event of any current or anticipated deficiency of funds in the Debt Service Account of <br />amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes <br />on all taxable property in the City in the amount of such deficiency. If the balance in the Debt <br />Service Account is ever insufficient to pay all principal and interest then due on the Bonds and <br />any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds <br />of the City which are available for such purpose, and such other funds may be reimbursed with <br />or without interest from the Debt Service Account when a sufficient balance is available therein. <br /> <br />1319814vl 18 <br /> <br /> <br />
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