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01-017
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01-017
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7/15/2005 10:19:42 AM
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<br />Section 4. <br /> <br />Payment; Security. <br /> <br />4.01. The Bonds are payable from the Taxable General Obligation Tax Increment Bonds, <br />Series 2001C Debt Service Fund (Debt Service Fund) hereby created, and the City hereby pledges <br />to the Debt Service Fund the Available Tax Increments as defined in this section in the amount <br />necessary to pay when due the principal of and interest on the Bonds. The term "Available Tax <br />Increments" means tax increments derived from Tax Increment Financing District (TIF District) <br />Nos. 4 through 18 and 25 through 29, subject to any limitations under Minnesota Statutes, Section <br />469.174 to 469.179 (TIF Act) as to the amount of tax increment expenditures permissible outside <br />the boundaries of such districts, and any limitations as to the expenditure of tax increments from <br />such districts for the purposes financed by the proceeds of the Bonds. The pledge of Available Tax <br />Increments to the Bonds is subordinate to the pledge of Available Tax Increments (or portions <br />thereof) to: the City's General Obligation Tax Increment Bonds, Series 1997C; the City's General <br />Obligation Taxable Tax Increment Bonds, Series 19970; and any outstanding contracts payable <br />from Available Tax Increments. The Council may from time to time by resolution direct the <br />Finance Director-Clerk as to the relative portion of debt service payments on the Bonds that is to be <br />charged to each TIF District, but in the absence of such direction the determination may be made by <br />the Finance Director-Clerk subject to the limitations described in this paragraph. If a payment of <br />principal or interest on the Bonds becomes due when there is not sufficient money in the Debt <br />Service Fund to pay the same, the City Finance Director-Clerk is directed to pay such principal or <br />interest from the general fund of the City, and the general fund will be reimbursed for those <br />advances out of the proceeds of Available Tax Increments when received. There is appropriated to <br />the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount <br />over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the <br />Purchaser upon closing and delivery of the Bonds. <br /> <br />4.02. It is hereby determined that the estimated collection of Available Tax Increments for <br />payment of principal and interest on the Bonds will produce at least five percent in excess of the <br />amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax <br />levy is needed at this time. <br /> <br />4.03. The City Finance Director-Clerk is authorized and directed to file a certified copy of <br />this resolution with the Director of Property Records and Revenue of Ramsey County and to obtain <br />the certificate required by Minnesota Statutes, Section 475.63. <br /> <br />4.04. The City may pledge Available Tax Increments to any other general obligations or <br />revenue obligations on a superior, parity or subordinate basis with the pledge to the Bonds under <br />this resolution. Notwithstanding anything to the contrary herein, the City reserves the right to <br />reduce, modify or tenninate the pledge of Available Tax Increments to the payment of the Bonds to <br />the extent and in the manner permitted by law so long as such action does not preclude the City <br />from paying when due the principal of and interest on the Bonds or otherwise impair the City's full <br />faith and credit pledge, and to apply to other lawful purposes the Available Tax Increments to the <br />extent and in the manner permitted by law. <br /> <br />SJB-192210vl <br />NE136-166 <br />
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