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maintained in the manner herein specified until all of the Bonds herein authorized and the <br /> interest thereon shall have been fully paid. The Operation and Maintenance Account (the <br /> "Operation and Maintenance Account") heretofore established by the City shall continue to be <br /> maintained in the manner heretofore provided by the City. All moneys remaining after paying or <br /> providing for the items set forth in the resolution establishing the Operation and Maintenance <br /> Account shall constitute and are referred to as "net revenues" until the Bonds have been paid. <br /> There shall be maintained in the Fund the following separate accounts to which shall be credited <br /> and debited all net revenues of the System as hereinafter set forth. The Clerk-Treasurer and all <br /> officials and employees concerned therewith shall establish and maintain financial records of the <br /> receipts and disbursements of the System in accordance with this resolution. In such records <br /> there shall be established and maintained accounts of the Fund for the purposes as follows: <br /> 16. Payment Account. The proceeds of the Bonds, less any accrued interest, shall be <br /> deposited in the Payment Account. On or prior to the Call Date,the Clerk-Treasurer shall <br /> transfer $1,220,343.42 of Bond proceeds from the Payment Account and$150,000.00 cash <br /> contribution from the City to the United States of America, Department of Agriculture, Baxter, <br /> Minnesota, Rural Development Office, which sum is sufficient to pay the principal and interest <br /> due on the Refunded Bonds on the Call Date, including the principal of the Refunded Bonds <br /> called for redemption on that date. Any monies remaining in the Payment Account after <br /> payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the <br /> Debt Service Account. <br /> 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, <br /> and there shall be credited to, the Debt Service Account: (i) any accrued interest; (ii)the net <br /> revenues of the System not otherwise pledged and applied to the payment of other obligations of <br /> the City, in an amount,together with other funds which may herein or hereafter from time to <br /> time be irrevocably appropriated sufficient to meet the requirements of Minnesota Statutes, <br /> Section 475.61 for the payment of the principal and interest of the Bonds; (iii) any collections of <br /> all taxes which may hereafter be levied in the event that the net revenues of the System and other <br /> funds herein pledged to the payment of the principal and interest on the Bonds are insufficient <br /> therefor; (iv) any balance remaining after the Call Date, in the Prior Bonds General Obligation <br /> Bonds, Series 2000A Fund established by the Prior Resolution; (v) all investment earnings on <br /> funds in the Debt Service Account; and(vi) any and all other moneys which are properly <br /> available and are appropriated by the governing body of the City to the Debt Service Account. <br /> The Debt Service Account shall be used solely to pay the principal and interest and any <br /> premiums for redemption of the Bonds and any other general obligation bonds of the City <br /> hereafter issued by the City and made payable from said account as provided by law. <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(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 Debt Service <br /> Account (or any other City account which will be used to pay principal and interest to become <br /> due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations <br /> may be invested without regard as to yield shall not be invested in excess of the applicable yield <br /> 15 <br /> 4767714v1 <br />