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HomeMy WebLinkAboutCity Council Resolution 1990-199Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, March 5, 1990, commencing at 7:00 P.M. The following members of the Council were present: Mayor Bergman, Councilmember HelAwell, Ricker, Vasiliou, and Zitur and the following were absent: None The following resolution was presented by Member Vasiliou who moved its adoption! RESOLUTION NO. 90-199 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE. OF $1,350,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1990 BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota, (City) as follows: 1. It is hereby determined that: (a) the City Das duly e:,•►ablished City Development District No. 7 (District) pursuant tc: Minnesota Statutes, Sections 469.124 through 469.134; (b) the City has duly established tax increment financing district no. 7-1 l ,':F District) within the District pursuant to Minnesota Statutes, 6riF •t,ol's 469.174 to 469.179 (TIF Act); (e) the City is authorized by section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public development costs (Costs) related to the District as identified in the program and tax increment financing plan (Plan) for the TIF District. 1 (d) the Plan lists the following Costs to be financed by the general obligations: Public Improvements Total Development Costs Site Improvements Administration Capitalized Interest Investment Earnings Costs of Issuance Discount Subtotal Total $1,000,000 335,000 (-) 28,250 23,000 $1,329,750 202.50 $1,350,000 (e) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1;350,000 Taxable General Obligation Tax Increment Bonds, Series 1990 (Bonds) to provide financing for the Costs; 2. To provide financing for the Costs, the City will issue and sell Bonds in the amount of $1,329,750. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $20,250. The excess of the purchase price of the Bonds over the sum of $1,329,750 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $1,350,000 Taxable General Obligation Tax Increment Bonds Ser,'ps 1990 City of Plymouth Hennepin County, Minneso,a (Global Book Entry System) NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 11:00 a.m., C.T. on Monday, April 2, 1990, in the offices of Ehlers and Associates, 2950 Norwest Center, Minneapolis, Minnesota, at which time the bids will be opened in the presence of the city finance Director and tabulated for consideration by the City Council at a meeting at 7:00 p.m., C.T. on the same day. The bonds are offered on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the financing of public development costs in economic development tax increment financing districts in a development district. The bonds will be taxable general obligations of the City, for which its full faith, credit and taxing powers are pledged together with tax increments from the districts. Date and Maturities The bonds will be issued only in fully registered global book entry form, will b^ dated April 16, 1990, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: Year Amount Year Amount 1994 $ 150,000 1997 $ 250,000 i93"! 200,000 1998 250,000 1996 925,000 1999 275,000 Redemption The City may elect on February 1, 1996 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after February 1, 1997 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bonds will be payable on August 1, 1990, and semiannually thereafter on each February 1 and August 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. Registration: Book Entry The Bonds when issued will be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York (DTC). DTC will act as securities depository for the Bonds. Individual purchases will be made in book entry form only in principal amounts of $5,000 and integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. Principal and interest will be paid by the City to DTC who will in turn remit such principal and interest to its participants for subsequent disbursement to the beneficial owners of the Bonds. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City payable primarily from tax increments, and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount, but that the bonds will be subject to federal and state income taxes. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time specified above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $27,000 rr ust be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft or a wire transfer of funds to Resource Bank & Trust Company, ABA #09-10-0550-6 for further credit to Ehlers & Associates, Inc., Bond Issue Escrow Account #850-788-1, attention Molly Majerle. The good taith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the bonds. The bid authorizing the lowest net interest cost (total interest from date of 4 bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $1,329,750 plus accrued interest on all of the bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Laurie Rauenhorst City Clerk Dated: March 5, 1990. 3. The Clerk is authorized and directed to adve, tise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at 7:00 p.m. on Monday, April 2, 1990, to consider bids on the Bonds and take A.ny other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon the following members voted in favor of the motion: Ricker, Vasiliou, and Zitur and the following voted against: None Mayor Bergman, Councilmembers Helliwell, whereupon the resolution was declared duly passed and adopted. Exhibit A NOTICE OF BOND SALE $1,350,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS SERIES 1990 CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA (Global Book Entry System) NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 11:00 a.m., C.T. on Monday, April 2, 1990, in the offices of Ehles & Associates in Minneapolis, Minnesota, at which time the bids will be opened and tabulated for consideration by the City Council at a meeting at 7:00 p.m. on the same day. The bonds are offered on the following terms. The bonds will be dated April 16, 1990, will bear interest payable semiannually on each February 1 and August 1, commencing August 1, 1990, and will mature on February 1 in the years and amounts as follows: Year Amount 1994 $ 150,000 1995 200,000 1996 225,000 Year Amount 1997 $ 250,000 1998 250,000 1999 275,000 The City may elect on February 1, 1996 or on any Interest payment date thereafter to redeem and prepay bonds of this issue in whole or in part, in inverse order of maturities and by lot within maturities, maturing on or after February 1, 1997 at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $1,329,750 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes do Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance public development costs related to a development district in the City. Bidders should be aware that the Official Statement to be distributed for the Bonds may contain additional bidding terms and information relative to the Bonds. In the event of a variance between statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the latter. BY ORDER OF THE CITY COUNCIL /s/ Laurie Rauenhorst Dated: March 5, 1990. City Clerk 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, March 5, 1990, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $1,350,000 Taxable General Obligation Tax Increment Bonds Series 1990 of the City. WITNESS My hand as City Clerk and the corporate seal of the City this 0 _ day of March, 1990. (SEAL) N City Clerk City of Plymouth, Minnesota