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CC PACKET 04282020
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CC PACKET 04282020
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4/23/2020 4:20:39 PM
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4852-6958-9943\3 8 <br />SECTION 4. GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES <br />2020A BOND FUND; PLEDGE OF TAXING POWER. <br /> <br />4.01. General Obligation Street Reconstruction Bonds, Series 2020A Bond Fund. So long <br />as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City <br />Manager shall maintain a separate debt service fund on the official books and records of the City <br />to be known as the General Obligation Street Reconstruction Bonds, Series 2020A Bond Fund (the <br />“Bond Fund”), and the principal of and interest on the Bonds shall be payable from the Bond Fund. <br />The City irrevocably appropriates to the Bond Fund [(i) the amount of $[_______] received from <br />the Purchaser]; (ii) the amounts specified in Section 3 above, after payment of all costs of the <br />Projects; (iii) all taxes levied and collected in accordance with this resolution; and (iv) all other <br />moneys as shall be appropriated by the Council to the Bond Fund from time to time. <br /> <br />There are hereby established two accounts in the Bond Fund, designated as the “Debt <br />Service Account” and the “Surplus Account.” As set forth in the previous paragraph, there shall <br />initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount of <br />$[_____]. Thereafter, during each bond year (each twelve month period commencing on February <br />2 and ending on the following February 1, a “Bond Year”), as monies are received into the Bond <br />Fund, the City Manager shall first deposit such monies into the applicable subaccount within the <br />Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal <br />and interest due on the Bonds through the end of the Bond Year. All subsequent monies received <br />in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. <br />If the balance in the Bond Fund is at any time insufficient to pay all interest and principal <br />then due on all Bonds payable therefrom, the payment shall be made from any fund of the City <br />which is available for that purpose, subject to reimbursement from the Surplus Account when the <br />balance therein is sufficient, and the City covenants and agrees that it will each year levy a <br />sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, <br />which levy is not subject to any constitutional or statutory limitation. <br /> <br />4.02. Pledge of Taxing Powers. For the prompt and full payment of the principal of and <br />interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited <br />taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce <br />aggregate amounts not less than 5% in excess of amounts needed to meet when due the principal <br />and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in <br />the City. The taxes will be levied and collected in the following years and amounts: <br />Levy Years Collection Years Amount <br />See attached levy computation <br />Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided <br />that the City reserves the right and power to reduce said levies from other legally available funds <br />in accordance with the provisions of Minnesota Statutes, Section 475.61. <br />SECTION 5. BOND FUND BALANCE RESTRICTION. In order to ensure compliance with the <br />Internal Revenue Code of 1986, as amended (the “Code”), and applicable Treasury Regulations <br />22
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