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HomeMy WebLinkAboutCity Council Resolution 1992-138RESOLUTION NO. 92-138 RESOLUTION RELATING TO GENERAL OBLIGATION TAX INCREMENT BONDS OF 1984 (CARLSON PROJECT): REFUNDING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA (CITY): Section 1. Backqround; Findinas 1.01 The City has issued and sold its $7,000,000 General Obligation Tax Increment Bonds of 1984 dated April 1, 1984 (Bonds) to finance public development costs in City Development District No. 1 (Development District). The Bonds are payable from tax increments from a tax increment financing district (TIF District) within the Development District. The full faith, credit and taxing powers of the City are pledged to the payment of the Bonds, but the Bonds are also secured by (i) a pledge of tax increments from property within the TIF District; (ii) a tax increment deficiency agreement (Agreement) by which Carlson Properties, Inc. (Company) agrees to make good any deficiency in tax increments available for debt service on the Bonds; and (iii) a surety bond of St. Paul Fire and Marine Insurance Company guaranteeing payment of debt service on the Bonds. 1.02 The outstanding Bonds mature in the amount of $25,000 on April 1, 1992, $425,000 on April 1, 1993 and $6,500,000 on April 1, 1994: the TIF District will produce no tax increment after that date. 1.03 Because development by the Company in the TIF District has not occurred as expected, there will not be adequate tax increments available to make principal and interest payments on April 1, 1993 and April 1, 1994. 1.04 The Company has proposed that the City refund the outstanding Bonds with revenue bonds payable solely from tax increments until termination of the TIF District and similarly guaranteed by a deficiency agreement and surety bond. The refunding bonds would mature over a twenty-year period which, combined with lower interest rates on the refunding bonds, would result in a more manageable debt service obligation for the Company. 1.05 The Council has been advised by Miller & Schroeder Financial, Inc. that the proposed refunding bonds would be readily marketable, and bond counsel has advised that the proposed refunding is permissible under Minnesota law if the FI Resolution No. 92-138 City Council finds that a public purpose will be served thereby. 1.06 It is found and determined that the proposed refunding will serve a public purpose by (i) removing the City's general obligation pledge for the Bonds; (ii) enhancing the feasibility of the Company's constructing further private development within the Development District; and (iii) stimulating further private and public development in the Development District. It is the present intent of the City, subject to the provisions of Section 2 of this resolution to refund the Bonds as proposed. Section 2. Approvals and Authorizations 2.01 The City gives preliminary approval to the proposal to refund the Bonds, subject to the right of the City Council in its sole discretion to withdraw its approval at any time. prior to the issuance of the refunding bonds. The approval is further subject to (i) the agreement by the City to all of the terms and conditions of the proposed refunding bonds; (ii) satisfactory evidence from the Company that the refunding bonds will be secured in the same way as the Bonds (except for the general obligation pledge and tax increment after termination of the TIF District); and (iii) the Company agreeing in writing to pay for all costs and expenses involved in the refunding, including, without limitation, costs of issuance, underwriting fees, fees and expenses of counsel including bond counsel and reasonable City administrative costs. 2.02 The City Manager is authorized and directed to negotiate the terms and conditions of the refunding as contemplated by and subject to the terms of this resolution. Adopted by the City Council on February 24, 1992 2