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2015.11.10 CC and WS Combined
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2015.11.10 CC and WS Combined
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2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive <br />Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT <br />A attached hereto with such changes as may be necessary to reflect more than one maturity in a <br />single temporary bond. Upon the execution and delivery of definitive Bonds the temporary <br />Bonds will be exchanged therefor and cancelled. <br />Section 3. Form of Bond. <br />3.01. Form of Bond. The Bonds will be printed or typewritten in substantially the form <br />as attached hereto as EXHIBIT A. <br />3.02. Approving Le gal Opinion. The City Manager is authorized and directed to obtain a <br />copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, <br />Minnesota, which is to be complete except as to dating thereof and will cause the opinion to be <br />printed on or accompany each Bond. <br />Section 4. Payment; Security. <br />4.01. Debt Service Fund. The Bonds are payable from the General Obligation Tax <br />Increment Refunding Bonds, Series 2016A Debt Service Fund (the "Debt Service Fund") hereby <br />created, and Available Tax Increments and taxes levied on all taxable property in the City (the <br />"Taxes") in the amount necessary to pay when due the principal of and accrued interest on the <br />Bonds is pledged to the Debt Service Fund. The term "Available Tax Increments" means tax <br />increments (as defined in Minnesota Statutes, Section 469.174, subd. 25, clause (1)) derived from <br />Tax Increment Financing Districts Nos. 31 and No. 32 ("TIF Districts"). The City may pledge <br />Available Tax Increments to any other obligation on a parity basis with the pledge hereunder, and <br />may release the pledge of any tax increments hereunder, including release of any parcel within any <br />of the identified TIF Districts, so long as the remaining pledged tax increments are reasonably <br />expected to pay at least 20% of the principal and interest when due on the outstanding Bonds. <br />There is also appropriated to the Debt Service Fund (i) any amount over the minimum purchase <br />price of the Bonds paid by the Purchaser, to the extent so designated for deposit herein under <br />Section 1.03 hereof, and (ii) any rounding amount. If a payment of principal or interest on the <br />Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the <br />same, the City Finance Director will pay such principal or interest from the general fund of the <br />City, and the general fund will be reimbursed for those advances out of the proceeds of Available <br />Tax Increments when received. <br />The debt service fund heretofore established for the Series 2007B Bonds pursuant to the <br />resolution authorizing the issuance and sale of the Series 2007B Bonds (the "Prior Resolution") <br />shall be terminated once all of the General Obligation Tax Increment Bonds, Series 2007B have <br />been paid, and all monies therein shall be transferred to the Debt Service Fund herein created. If <br />a payment of principal or interest on the Bonds becomes due when there is not sufficient money <br />in the Debt Service Fund to pay the same, the City Finance Director will 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 Taxes levied by this resolution when collected, or Available Tax Increments <br />when received. <br />470595v1 JSB NE136-257 6 <br />
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