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HomeMy WebLinkAboutCity Council Resolution 1981-671EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice hereof, a regular meeting of the City Council of the City of Plymouth was duly held on Monday, the 28th day of September, 1981 at 7:30 p.m. The following members of the Council were present: Councilmembers Hoyt, Neils, Schneideh, and Threinen a and the following were absent: Mayor Davenport Councilmember Schneider introduced the following resolution and moved `_ts adoption. RESOLUTION NO. 81_ 671 RESOLUTION RELATING TO $8,025,000 GENERAL OBLIGATION REFUNUING BONDS OF 1976, SERIES I AND $5,975,000 GENERAL OBLIGATION REFUNDING BONDS OF 1976, SERIES II: AUTHORIZING THE SUBSTITUTION OF SECURITIES IN THE ESCROW ACCOUNTS CREATED FOR THE PROCEEDS THEREOF BE IT RESOLVED By the City Council of the City of Plymouth, Minnesota as follows: Section 1. Findings. 1.01. The City has issued and sold its $8,025,000 General Obligation Refunding Bonds of 1976, Series I, dated February 1, 1976 and $5,975,000 General Obligation Refunding Bonds of 1976, Series II, dated February 1, 1976 (the "Refunding Bonds") to refund in advance of maturity the following general obligation improvement bonds of the City (the "Refunded Bonds"): Res. No. 81-671 Page 2 DA) Bonds refunded by Series I Refunding Bonds: $6,050,000 General Obligation Improvement Bonds of 1975, dated August 1, 1975. B) Bonds refunded by Series II Refunding Bonds: 1. $2,550,000 Public Improvement Bonds of 1969-2, dated July 1, 1969. 2. $1,410,000 Public Improvement Bonds of 1970, dated June 1, 1970. 3. $2,010,000 Public Improvement Bonds of 1970-2, dated July 1, 1970. 4. $4,000,000 General Obligation Improvement Bonds of 1975, dated August 1, 1975. 1.02. The proceeds of the Refunding Bonds were used by the City to pay the issuance expenses of the Refunding Bonds, to establish escrow accounts (the "Escrow Accounts") with Northwestern National Bank of Minneapolis (the "Agent") for the payment of the Refunded Bonds, all as provided by Minnesota Statutes, Section 475.67 (the "Act"). 1.03. The funds in the Escrow Accounts for the respective issues were invested and remain invested in United States Government Obligations listed in Exhibit A to the Resolution. 1.04. Subdivision 9 of the Act provides that the Agent may be directed to reinvest the balance in the Escrow Accounts from time to time and the Escrow Account agreements with the Agent permit such reinvestment upon approval of bond counsel. Subidivsion 6 of the Act further provides that funds in the Escrow Accounts in excess of the amounts needed from time to time to pay principal or premium if any, and interest on the Refunded Bonds may be remitted to the City. 1.05. This Council has been advised by representatives of Ehlers and Associates, Inc., financial consultants ("Ehlers") and Dain Bosworth Incorporated, investment brokers, ("Dain Bosworth") that significant savings in funds needed to service the Escrow Accounts would be achieved by the City by the redemption of a portion of the obligations in the Escrow Accounts and the use of such redemption proceeds for the purchase of other United States Government Securities, at market value, with a yield substantially higher than the obligations redeemed. A proposal prepared by Ehlers and Dain Bosworth is attached hereto as Exhibit B which sets Res. No. 81-671 Page 3 forth the obligations to be redeemed, the obligations to be purchased, the expenses to be incurred and paid in connection with the purchase and sale of the obligations, and the estimated net savings to the City resulting from the purchase and sale of the obligations. The market prices of the obligations to be purchased for the respective Escrow Accounts may vary from the market price indicated on Exhibit B, and the savings actually achieved by the City will vary in direct proportion thereto. Section 2. Purchase and Sale of Obligations. 2.01. It is found and determined that it is desirable and in the best interests of the sound financial management of the City that the purchase and sale of obligations in the Escrow Accounts, substantially as set forth in Exhibit B, be accomplished in accordance with Federal law and the Act. 2.02. The Mayor, City Manager and City Clerk are authorized and directed, in cooperation with Ehlers, Dain Bosworth and the Agent, to take the following actions in connection with the respective Escrow Accounts. A. Series I Escrow Account. 1. Notice of redemption of $1,680,000 United States Treasury Department, State and Local Government Series (SLG) Bonds, bearing interest at 7.64%, due March 1, 1985 shall be given. 2. Redemption proceeds, and accrued interest thereon shall be held as an obligation of the Series I Escrow Account and immediately applied to the purchase, at the prevailing market price, of $1,660,000 United States Treasury Notes, bearing interest at 8.008, due February 15, 1985. 3. Any balance of the redemption proceeds in excess of the purchase price of the obligations, plus accrued interest, shall be applied to the payment of redemption penalty and administrative expenses. Res. No. 81-671 Page 4 4. Any balance of the redemption proceeds remaining after the above payments have been made shall be segregated by the Agent in a separate subaccount of the Escrow Account, invested by the Agent from time to time at the direction of the City, and, at the direction of the City, transmitted by the Agent to the paying agent for the Series I Refunding Bonds for application to the next installment of principal or interest thereon when due. B. Series II Escrow Account. 1. Notice of redemption of $926,000 United States Treasury Department, State and Local Government Series (SLG) Bonds, bearing interest at 7.64%, due February 1, 1985 shall be given. 2. Redemption proceeds, and accrued interest thereon, shall be held as an obligation of the Series II Escrow Account and immediately applied to the purchase, at the prevailing market price of $785,000 United States Treasury Notes, bearing interest at 14.00%, due December 15, 1984. 3. Any balance of the redemption proceeds in excess of the purchase price of the obligations, plus accrued interest, shall be applied to the payment of redemption penalty and administrative expenses. 4. Any balance of the redemption proceeds remaining after the above payments have been made shall be segregated by the Agent in a separate subaccount of the Escrow Account, invested by the Agent from time to time at the direction of the City, and, at the direction of the City, transmitted by the Agent to the paying agent for the Series II Refunding Bonds for application to the next installment of principal or interest thereon when due. Section 3. Transcript: Authorizations: Opinions. 3.01. The Agent is authorized and directed to accomplish the purchase and sale of obligations for the Escrow Accounts as set forth herein upon receipt of the following documents: Res. No. 81-671 Page 5 A. A certified copy of this resolution. B. A letter from Alexander Grant and Company, Certified Public Accountants verifying that the payments to be received from the obligations purchased for the Escrow Accounts, together with cash and anticipated receipts from other obligations held in the Escrow Accounts, will be sufficient to pay the principal of and interest on the Refunded Bonds when due. C. An opinion from LeFevere, Lefler, Kennedy, O'Brien & Drawz, A Professional Association„ nationally recognized bond counsel, to the effect that the purchase and sale of the obligations as authorized and contemplated hereby may be made in a manner consistent with Section 103(c) of the Internal Revenue Code of 1954, as amended, and Treasury Regulations promulgated thereunder. 3.02. The Mayor, City Manager, City Clerk and other officers, employees and agents of the City, including the Agent are authorized to take all actions necessary to accomplish the purchase and sale of obligations for the Escrow Accounts as authorized by this Resolution. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hoyt , and upon vote being taken thereon, the following voted in favor thereof: Councilmembers Hoyt, Schneider, Threinen, and Neils and the following voted against: None whereupon said resolution was declared duly passed and adopted. 'Res. No. 81-671 Page 6 CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA Presentation of Potential Savings Immediately Available to The City by Restructure of The Minor Portion of The Existing Refunding Escrow Account, Series I and II Established as of February 1, 1976 Prepared by; Ehlers & Associates and Dain Bosworth Incorporated September 28, 1981- Res. No. 81-671 Page 7 City of Plymouth, Hennepin County, Minnesota Summary of Estimated Savings by the Restructure of the Minor Portion of the Existing Refunding Escrow Account, Series I and Series II Established as of February 1, 1976 (See attached Exhibits for Calculation of Savings) Income: Redemption $1,680,000 U.S. Treasury Dept SLGS, 7.64%, due 3/1/85 $1,680,000.00 Accrued Interest (3/1/81-9/30/81 @ 7.19%) 9,596.62 Redemption $926,000 U.S. Treasury Dept SLGS, 7.64%, due 2/1/85 926,000.00 Accrued Interest (8/1/81-9/30/81 @ 7.19%) 11,126.97 Total Income $2,626,723.59 Expenses: Purchase $1,660,000 U.S. Treasury Notes, 8.00% due 2/15/85 @ 81.50 $1,352,900.00 Accrued Interest (8/15/81-9/30/81) 16,372.60 Purchase of $785,000 U.S. Treasury Notes, 14.00% due 12/15/84 @ 95.00 745,750.00 Annual Interest (6/15/81-9/30/81) 32,217.26 Redemption Penalty charged by U.S. Treasury Dept. 66,723.64 Cash necessary to remain in Escrow Administ.rat7ve Expenses Total Expenses Estirn;:,._2d Total Income Less _stimated Total Expenses Estimated Net Savings, Series I and lI 8,394.40 49,438.00 $2, 271, 795.90 $2,626,723.59 2,271,795.90 $ 354,927.69 Res. No. 81-671 Page 8 EXHIBIT I -A City of Plymouth, Hennepin County, Minnesota Calculation of Savings by the Restructure of the Minor Portion of the Existing Refunding Escrow Account, Series Established as of February 1, 1976 Cash Flow of Original Security vs Replacement Security Security to be Redeemed Replacement Security 1,680,000 SLG $1,660,000 Tsy Notes 7.64% 3/1/85 8.00% 2/15/85 Cumulative Receipt Receipt Receipt Receipt Cash Date Amount Date Amount Balance 9/30/81 $ 4,432.00* $ 4,432.00 3/1/82 $ 64,176.00 2/15/82 66,400.00 6,656.00 9/1/82 64,176.00 8/15/82 66,400.00 8,880.00 3/1/83 64,176.00 2/15/83 66,400.00 11,140.00 9/1/83 64,176.00 8/15/83 66,400.00 13,328.00 3/1/84 64,176.00 2/15/84 66,400.00 15,552.00 9/1/84 64,176.00 8/15/84 66,400.00 17,776.00 3/1/85 1,744,176.00 2/15/85 1,726,400.00 -0- $2,129,232.00 $2,124,800.00 *Cash necessary to remain in Escrow. Res. No. 81-671 Page 9 EXHIBIT II -A City of Plymouth, Hennepin County, Minnesota Calculation of Savings by the Restructure of the Minor Portion of the Existing Refunding Escrow Account, Series II Established as of February 1, 1976 Cash Flow of Original Security vs Replacement Security Security to be Redeemed 'eplacement Security $926,000 SLG $785,000 Tsy Notes 7.64% 2/1/85 14.00% 12/31/84 Cumulative Receipt Receipt Receipt Receipt Cash Date Amount Date Amount Balance *Cash necessary to remain in Escrow. $ 3,962.40 23,539.20 43,166.00 62,962.80 82,269.60 101,846.40 121,423.20 -0- 9/30/81 $ 3,962.40* 2/1/82 $ 35,373.20 12/31/81 54,950.00 8/1/82 35,373.20 6/16/82 54,950.00 2/1/83 35,373.20 12/31/82 54,950.00 8/1/83 35, 373.20 6;'1:6/83 54, 950.00 2/1/84 35,373.20 12,/31/83 54,950.00 8/1/84 35,373.20 6/16/84 54,950.00 2/1/85 961,373.20 12/31/84 839,950.00 $1,173,612.40 $1,169,650.00 *Cash necessary to remain in Escrow. $ 3,962.40 23,539.20 43,166.00 62,962.80 82,269.60 101,846.40 121,423.20 -0- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Plymouth, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, Septgmber 28, 1981, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same related to the substitution of securities in the escrow accounts relating to $8,025,000 General Obligation Refunding Bonds of 1976, Series I and $5,975,000 General Obligation Refunding Bonds of 1976, Series II, of the City. WITNESS My hand as City Clerk and the corporate seal of the City this 1st day of October , 1981. City Clerk City of Plymouth, Minnesota (SEAL)