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City account which will be used to pay principal and interest to become due on the Bonds) in excess <br />of amounts which under the applicable federal arbitrage regulations may be invested without regard <br />as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the <br />arbitrage regulations on such investments after taking into account any applicable temporary periods <br />or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of <br />the Bonds and money in the Debt Service Fund will not be invested in obligations or deposits issued <br />by, 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 Internal Revenue Code of 1986, as amended (the "Code"). <br />4.05. General Obligation Pledgee. For the prompt and full payment of the principal and <br />interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers <br />of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or <br />Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and <br />any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the <br />general fund of the City which are available for such purpose, and such general fund may be <br />reimbursed with or without interest from the Escrow Account or Debt Service Fund when a <br />sufficient balance is available therein. To the extent that it shall ever by necessary to provide full <br />and timely payment of the debt service on the Bonds, the City shall, pursuant to the authority <br />described in this paragraph, levy an ad valorem tax on all taxable property within the City sufficient <br />for such purposes. <br />4.06. Cancellation of Prior Levies. It is hereby determined that upon the deposit of <br />Proceeds in the Escrow Account (as such terms are defined in Section 5 hereof), an irrevocable <br />appropriation to the debt service fund for the Refunded Bonds maturing after February 1, 2017 will <br />have been made within the meaning of Section 475.61, subdivision 3 of the Act and the City <br />Manager is hereby authorized and directed to certify such fact to and request the County <br />Auditor/Treasurer to cancel any and all tax levies related to the Refunded Bonds for taxes payable <br />in 2017 and thereafter made by the Prior Resolution. <br />4.07. Pledge of Tax LevX. For the purpose of paying the principal of and interest on the <br />Bonds, there is hereby levied, to the extent determined necessary by the Pricing Committee, a direct <br />annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread <br />upon the tax rolls and collected with and as part of other general taxes of the City (the "Taxes"). <br />The Taxes will be credited to the Debt Service Fund and will be in the years and amounts as set for <br />in the certificate of the Pricing Committee in order to produce, together with Available Tax <br />Increments, at least 5% in excess of the amount needed to meet when due the principal and interest <br />payments on the Bonds. <br />4.08. Filing. The City Manager is authorized and directed to file a certified copy of the <br />Resolution, together with the Certificate of Pricing Committee, with the Director of Property <br />Records and Revenue of Ramsey County and to obtain the certificate required by Section 475.63 of <br />the Act. <br />4.09. Director of Property Records and Revenue's Certificate as to Registration. The City <br />Manager is authorized and directed to file a certified copy of this resolution with the Director of <br />470595v1 JSB NE136-257 8 <br />