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HomeMy WebLinkAboutResolution - 83-270 - Providing for Issuance and Sale of $19,800,000 General Obligation Advance Refunding Tax Increment Bonds of 1983 - 11/01/1983 i Extract of Minutes rf Meeting of the City Council of the City of Eden Prairie , Hennepin County , Minnesota Pursuant to due call and notice thereof a _sp4w_!a_ - meeting of the City Council of the City of Eden Prairie , Hennepin County, Minnesota , was held at the Eden Prairie ael on the -4 t_ - day of rer , 1983 , commenc ing at •-b-:�4-o ' clock P .M . , C.T . The following Councilmembers were present : <✓ �._-�i O�✓ �/�mot/ C= C=�./� 1 and the following were absent : The following resolution was presented by Councilmember who moved its adoption : RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $19 , 800 ,000 GENERAL OBLIGATION ADVANCE REFUNDING TAX INCREMENT BONDS OF 1983 BE IT RESOLVED by the City Council of the City of Eden Prairie , Hennepin County , Minnesota as follows : 1 . The City has issued and sold its $ 18 , 500 , 000 Gen- eral Obligation Tax Increment Bonds of 1982 , dated March 1, 1982 ( the "Outstanding Bonds") , to assist in financing cer- tain public improvements within the City . The City ' s public finance advisor , Ehlers and Associates , Inc . , has recom- mended that the City issue and sell its $19 , 800 ,000 General Obligation Advance Refunding Tax Increment Bonds of 1983 ( the "Refunding Bonds " ) in order to refund the Outstanding Bonds in advance of their maturity . 2 . It is hereby determined to be in the best interests of the City to issue the Refunding Bonds , pursuant to Minne- sota Statutes , Section 475 . 67 ,, to refund the Outstanding Bonds in advance of their maturity . 3 . The amity shall therefore issue and sell its $ 19 ,800 , 000 General Obligation Advance Refunding Tax Incre- ment Bonds of 1983 , and $385 ,000 of such amount shall repre- sent additional bonds issued pursuant to Minnesota Statutes , Section 475 .56 , as additional interest required to market the Bonds at this time . The Bonds shall be issued and sold in accordance with the following Official Notice of Sale: i 2 _ OFFICIAL NOTICE OF SALE $19 ,800 ,000 General Obligation Advance Refunding Tax Increment Bonds of 1983 City of Eden Prairie Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the above bonds will be received by the undersigned until 11: 00 o' clock , A.M. , Central Time , in the Eden Prairie City Hall on Tuesday , November 13191983 , when they will be opened . The City Council will meet at 7 : 30 o' clock , P .M. , Central Time , on the same day to consider the bids for award of sale of $19 , 800 , 000 fully registered , general obligation bonds of the City on the following terms : Purpose and Security The purpose of the bonds is to refund the City ' s $18 , 500 ,000 General Obligation Tax Increment Bonds of 1982 , dated March 1, 1982 , in advance of their maturity . The bonds will be general obligations of the issuer for which its Ball faith and credit and taxing powers will be pledged . Date and Maturities The bonds will be dated December 1, 1983 , will be in denomination of $5 ,000 each , or integral multiples thereof , and will mature on March 1 in the following years and amounts : Year Amount Year Amount 1985 $ 300 ,000 1993 $ 1 ,350 ,000 1986 700 ,000 1994 1 ,425 ,000 1987 775 ,000 1995 1,450 ,000 1988 825 ,000 1996 1 ,525 ,000 1989 11000 ,000 1997 1, 550 ,000 1990 1 , 350 ,000 1998 1 ,550 ,000 1991 1, 350 ,000 1999 1 ,525 ,000 1992 1, 350 ,000 2000 1,775 ,000 Redemption Feature All bonds of this issue maturing after March 1 , 1990 , will be subject to prior redemption at the option of the City in inverse order of maturities on said date and any interest payment date thereafter at a price of par plus accrued interest to date of redemption . 3 - Interest Interest on the bonds will be payable on September 1, 1984 , and semiannually thereafter on each March 1 and September 1. All 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 mul- tiple of 5/100 of 1% , and no rate of interest nor the net effective interest rate of the issue may exceed the maximum rate allowed by law on the date of sale . Paying Agent/Bond Registrar The City will select the Paying Agent/Bond Registrar for the Bonds and will pay the customary charges for such ser- vices . The Paying Agent/Bond Registrar will be S .E .C . registered . CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correct- ness of anv numbers printed thereon but will permit such numbers to be assigned and printed at the expense of the purchaser , provided 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 the purchaser and approved by the City as the purchaser ' s agent to examine and take delivery of the bonds , the printed and executed bonds , the unqualified legal opinion thereon of O ' Connor & Hannan , bond counsel, and a certificate stating that no litigation in any manner questioning the validity of the bonds 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 , or within five days after deposit of the bonds with the delivery agent , in funds available for expenditure by the City on the day of payment . Legal Opinion An unqualified legal opinion on the bonds will be fur- nished by O' Connor & Hannan , of Minneapolis , Minnesota . The legal opinion will be printed on the bonds at the request of the purchaser and will state that the bonds are valid and binding general obligations of the City , payable from tax increments derived from increased assessed valuations of certain real property in the City , and that , if required for 4 - such purpose , the City is obligated to levy taxes for the payment of principal of and interest on the bonds as the same become due without limit as to rate or amount . Type of Bid -- Amount Sealed bids must be mailed or delivered to the under- signed and must be received prior to the time they will be opened . Each bid must be unconditional and must be accom- panied by a cashier ' s or certified check or bank draft in the amount of $396 ,000 , payable to the City Finance Director , to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply there- with . The bid authorizing the lowest net interest cost ( total interest from date of bonds to stated maturities , less any cash premium or plus any amount less than $ 19 ,800 ,000 bid for principal) will be deemed the most favorable . No oral bid and no bid of less than $ 19 ,415 ,000 for principal 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 . The City also reserves the right to reduce the size of the issue , and to modify related terms of the issue accordingly , to comply with applicable state and federal regulations , provided the City notifies prospective bidders of such changes at least five days prior to the day of sale . BY ORDER OF THE CITY COUNCIL /s/ John Frane City Finance Director Dated : eo:-eber , 1983 . 5 r 4 . The City Clerk is authorized and directed to adver- tise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit "A" to be published in the manner required by law . The City Council shall meet on Tuesday, November 15 , 1983 , at 7 : 30 o ' clock p .m. , C.T. , for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Counc ilmember and upon vote dieing taken thereon , the following votedf in favor thereof : to,P/rrT /�a✓O...�:�<.✓/ .rb ^'' ``y' �...p-[ cam' and the following voted against the same • tiL��L whereupon said .resolution was declared duly passed and adopted . Ar _ 6 _ EXHIBIT "A" NOTICE OF SALE $ 19 , 800 ,000 General Obligation Advance Refunding Tax Increment Bonds of 1983 City of Eden Prairie Hennepin County, Minnesota These bonds will be offered on Tuesday , November - 3-1 1983 . Bids will be accepted by the undersigned until 11: 00 o' clock a .m. , C. T. , at the City Hall in Eden Prairie , Minne- sota, when they will be opened . The City Council will meet at 7 : 30 o' clock p.m. , C. T. , on the same day to consider the bids for award of sale . Dated December 1, 1983 , the bonds will mature on March 1 in the years and amounts as follows: Year. Amount Year Amount 1985 $ 300 ,000 1993 $1 ,350 ,000 1986 700 ,000 1994 1 ,425 ,000 1987 775 ,000 1995 1 ,450 ,000 1988 825 ,000 1996 1 ,525 ,000 1989 1 , 000 ,000 1997 1 ,550 ,000 1990 1 , 350 ,000 1998 1 ,550 ,000 1991 1, 350 ,000 1999 1 , 525 ,000 1992 1 , 350 ,000 2000 1 , 775 ,000 All bonds maturing after March 1, 1990 , will be subject to prior redemption on said date and any interest payment date thereafter at par plus accrued interest . Interest will be payable on September 1 , 1984 , and semiannually thereafter . Each rate must be in an integral multiple of 5/100 of 1% , and no rate may exceed the maximum rate permitted by law on the date of sale . Minimum price , $19 ,415 ,000 . An unquali- fied legal opinion will be furnished by O' Connor and Hannan , of Minneapolis , Minnesota . The purpose of the Bonds is to refund in advance of maturity an issue of tax increment bonds of the City . BY ORDER OF THE CITY COUNCIL /s/ John Frane Finance Director Dated : 1983 . 7 -