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HomeMy WebLinkAboutResolution - HRA 92-04 - Issuance of Lease Revenue Bonds for Community Center Project, Series 1992A - 07/07/1992 Commissioner H-M- Jessen introduced the following resolution and moved its adoption: RESOLUTION NO. 92-04 RESOLUTION RELATING TO $2, 640, 000 LEASE REVENUE BONDS (COMMUNITY CENTER PROJECT) , SERIES 1992A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE AND PRESCRIBING THE FORM THEREOF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST AND A LEASE-PURCHASE AGREEMENT WHEREAS, the Authority is considering a project (the "Project") , to be undertaken pursuant to Minnesota Statutes, Section 469.012, Subdivision 1 (7) , consisting of the construction of an addition and improvements to a community center facility (the "Facility") located on certain real property (the "Land") in the City of Eden Prairie, Minnesota; WHEREAS, there is a need for providing the public facilities comprising the Project and it is desirable and in the best interest of the Authority to encourage and assist in the Project; and WHEREAS, it is proposed that the Authority issue its revenue bonds pursuant to Minnesota Statutes, Sections 469.034 and 469 .035, and Chapter 475, as amended, and pursuant to a Trust Indenture, dated as of August 1, 1992 (the "Indenture") , between the Authority and First Trust Natiminal Assnninf-inji,as Trustee (the "Trustee") , to provide funds to finance the Project, and lease and agree to sell the Project so acquired and constructed to the City of Eden Prairie, Minnesota (the "City") , pursuant to a Lease-Purchase Agreement, dated as of August 1, 1992 (the "Lease") , between the Authority, as lessor, and City, as lessee; WHEREAS, all bonds issued under the Indenture will be secured by a pledge and assignment of the Lease and of the revenues derived by the Authority from the Project, and the bonds and the interest thereon shall be payable solely from the revenues pledged thereto and no bonds shall constitute a debt of the Authority within the meaning of any constitutional or statutory limitation nor shall the full faith, credit and taxing powers of the Authority be pledged thereto; and WHEREAS, under the Lease, the City is to pay to the Authority sufficient money each year to pay the principal of, premium, if any, and interest on the bonds issued to finance the Project, and City is to provide the cost of maintaining the Project in good repair, the cost of keeping the Project properly insured, and any payments required for taxes and any expenses incurred by the Authority in connection with the Project; and WHEREAS, by resolution adopted May 19, 1992, this Board authorized the issuance of such bonds and directed that an Official Statement be prepared to be used in the sale of the bonds; and WHEREAS, forms of the Lease and the Indenture and a form of the Official Statement, dated June 24, 1992, have been presented to this Board and are hereby ordered to be placed on file in the office of the Secretary. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") , as follows : Section 1 . This Board hereby finds that the Project is an undertaking of the Authority authorized under Section 469.012, Subdivision 1 (7) . Section 2 . This Board acknowledges, finds, determines and declares that it is in the best interests of the Authority to finance the Project by the acquisition and construction thereof by the Authority and lease thereof to the City since the Project will provide needed public facilities . Section 3 . For the purpose of paying certain of the • costs of the- acquisition and construction of the Project, there is hereby authorized the issuance of Public Facilities Revenue Bonds, Series 1992A of the Authority in the aggregate principal amount of $2, 640, 000 (the "Bonds") . The Bonds shall be issued in fully registered form, shall be in such denominations, shall be payable on the dates and in the principal amounts and shall be payable from the sources and in the manner provided in the Indenture. The Bonds shall bear interest at the rates set forth in Section 7 . This Board hereby authorizes and directs the Chairman to execute and the Secretary to attest under the corporate seal of the Authority the Indenture in the name and on behalf of the Authority and to deliver to the Trustee the Indenture, and does hereby authorize and direct the execution of the Bonds in accordance with the provisions of the Indenture. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein. The Indenture shall be substantially in the form on file in the office of the Secretary with such necessary and appropriate variations, omissions and insertions as the Chairman shall determine to be necessary or appropriate, and the execution thereof by the Chairman shall be conclusive evidence of such determination. Section 4 . The Chairman and the Secretary are hereby authorized and directed to execute and deliver the Lease in the -2- name and on behalf of the Authority. All of the provisions of the • Lease, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein. The Lease shall be substantially in the form on file in the office of the Secretary, with such necessary and appropriate variations, omissions and insertions as the Chairman shall determine to be necessary or appropriate, and the execution thereof by the Chairman shall be conclusive evidence of such determination. Section 5 . No covenant, stipulation, obligation or agreement herein contained or contained in the Indenture, the Bonds or the Lease shall be deemed to be a covenant, stipulation, obligation or agreement of any member of this Board or any officer, agent or employee of the Authority in that person's individual capacity, and neither this Board nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 6 . The officers of the Authority are hereby authorized to do all acts and things required of them by or in connection with this resolution, the Indenture and the Lease for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Indenture, the Lease and this resolution, including the execution and • delivery of such closing certificates, arbitrage certifications and similar documents as may be required by bond counsel in connection with the issuance and delivery of the Bonds . Section 7 . Pursuant to the resolution adopted May 19, 1992, Springsted Incorporated, as financial advisors to the Authority, have prepared a form of Terms of Proposal for the purpose of soliciting bids on the Bonds . Such form of Terms of Proposal is hereby ratified and confirmed. The Authority has received and opened bids for the Bonds and has publicly considered the bids received. The bids received are summarized in the bidding summary attached hereto. It is hereby found and determined that the most favorable of said bids is that submitted by Cronin & Co. , Inc. , of Minneapolis , Minnesota , and associates (the "Purchaser") , to purchase the Bonds at a price of $ 2 ,600,400. 00 , plus accrued interest to the date of closing, the Bonds maturing in the following years to mature in the principal amounts and to bear interest at the designated rates set forth below opposite such years, respectively: • -3- Principal Interest Principal Interest Maturity Amounts Rate Maturity Amounts Rate 1994 $40,000 4.00% 2004 $125,000 6.00% 1995 50,000 4.20% 2005 135, 000 6.10% 1996 55,000 4.40% 2006 150,000 6.10% 1997 60, 000 4. 60% 2007 165, 000 6.15% 1998 70, 000 4. 80% 2008 175, 000 6.15% 1999 75, 000 5. 00% 2009 190, 000 6. 20% 2000 85, 000 5. 25% 2010 210, 000 6 .20% 2001 95, 000 5. 50% 2011 225, 000 6 . 25% 2002 105, 000 5. 70% 2012 245, 000 6 . 25% 2003 115, 000 5. 90% 2013 270,000 6 . 25% Said offer is hereby accepted and the Chairman and the Secretary are hereby authorized and directed to execute a contract on the part of the Authority for the sale of the Bonds to the Purchaser. Section 8 . The Official Statement prepared and distributed on behalf of the Authority by Springsted Incorporated is hereby approved and the determination of the Secretary that the Official Statement has been deemed final for purposes of SEC Rule 15c2-12 (b) (1) is hereby ratified and confirmed. The officers of the Authority are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, • completeness and sufficiency of the Official Statement and to deliver to the Purchaser within seven business days after the date of adoption of this resolution copies of the Official Statement in accordance with the Terms of Proposal, supplemented so as to contain the terms of the Bonds as set forth in this resolution and the reoffering and other information provided by the Purchaser for inclusion in the Official Statement. Section 9. Arbitrage Rebate. The Authority acknowledges that the Bonds are subject to the rebate requirements of Section 148 (f) of the Code. The Authority covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148 (f) (C) of the Code and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Chairman and the Secretary are hereby authorized and directed to execute an Arbitrage and Rebate Certificate, in the form prepared by Bond Counsel. Section 10. This resolution shall be in full force and effect from and after its passage. -4- Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for t City o Eden Prairie, Minnesota, this 7th day of July, 19 2 . l Chairman Attest: Secretary • -5- The motion for the adoption of the foregoing resolution was duly seconded by Commissioner R. Andersonand, upon vote being taken thereon, the following Commissioners voted in favor thereof: D. Tenpas, R. Anderson, H.M. Jessen, J. Harris, P. Pidcock and the following voted against the same: none whereupon the resolution was declared duly passed and adopted. SPRINGSTED 222 South N"nth Street PUBLIC FINANCE AD`OSORS Suite 2825 ',l nneapolis, MN 55402-3368 x: (61 ) 333-23 -9177 Fax: (b12) 333-2363 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul,MN 55101-2143 Brookfield, WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1800 K Street NW Suite 831 $2,640,000 Washington, DC 20006-2200 (202) 466-3344 HOUSING AND REDEVELOPMENT AUTHORITY Fax: (202) 223-1362 IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA LEASE REVENUE BONDS (COMMUNITY CENTER PROJECT), SERIES 1992A AWARD: CRONIN &COMPANY, INCORPORATED SMITH BARNEY, HARRIS UPHAM, &COMPANY INCORPORATED SALE: July 7, 1992 Moody's Rating: A Interest Net Interest True Interest udder Rates Price Cost Rate CRONIN&COMPANY, INCORPORATED 4.00% 1994 $2,600,400.00 $2,348,200.00 6.1885% SMITH BARNEY, HARRIS UPHAM& 4.20% 1995 COMPANY INCORPORATED 4.40% 1996 4.60% 1997 4.80% 1998 5.00% 1999 5.25% 2000 5.50% 2001 5.70% 2002 5.90% 2003 6.00% 2004 6.10% 2005-2006 6.15% 2007-2008 6.20% 2009-2010 6.25% 2011-2013 NORWEST INVESTMENT SERVICES, 4.00% 1994 $2,600,400.00 $2,355,142.50 6.2056% INCORPORATED 4.25% 1995 JURAN&MOODY, INCORPORATED 4.40% 1996 MERRILL LYNCH&CO. 4.60% 1997 Moore,Juran and Company, Incorporated 4.90% 1998 5.10% 1999 5.30% 2000 5.50% 2001 5.70% 2002 5.90% 2003 6.00% 2004-2005 6.10% 2006-2007 6.20% 2008-2009 6.25% 2010-2011 6.30% 2012-2013 (Continued) Interest Net Interest True Interest Bidder Rates Price Cost Rate JOHN G. IUNNARD&COMPANY 4.00% 1994 $2,603,568.00 $2,357,477.00 6.2142%0 INCORPORATED 4.40% 1995 Park Investment Corporation 4.70% 1996 Miller&Schroeder Financial, Inc. 4.90% 1997 Dougherty, Dawkins,Strand& 5.10% 1998 Bigelow, Incorporated 5.30% 1999 5.50% 2000 5.70% 2001 5.80% 2002 5.90% 2003 6.00% 2004 6.10% 2005-2006 6.15% 2007 6.20% 2008-2009 6.25% 2010-2013 PIPER JAFFRAY, INC. 4.00% 1994 $2,597,760.00 $2,403,451.25 6.3454% Robert W. Baird&Company, 4.50% 1995 Incorporated 4.75% 1996 Craig-Hallum, Incorporated 5.00% 1997 5.25% 1998 5.50% 1999 5.75% 2000 5.90% 2001 6.00% 2002-2003 • 6.10% 2004-2005 6.20% 2006 6.25% 2007-2008 6.30% 2009-2010 6.375% 2011-2013 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- These Bonds are being reoffered at par. BBI: 6.38 Average Maturity: 14.41 Years 0 Interest Net Interest True Interest Bidder Rates Price Cost Rate JOHN G.KINNARD&COMPANY 4.00% 1994 $2,603,568.00 $2,357,477.00 6.2142% INCORPORATED 4.40% 1995 Park Investment Corporation 4.70% 1996 Miller&Schroeder Financial, Inc. 4.90% 1997 Dougherty, Dawkins,Strand& 5.10% 1998 Bigelow, Incorporated 5.30% 1999 5.50% 2000 5.70% 2001 5.80% 2002 5.90% 2003 6.00% 2004 6.10% 2005-2006 6.15% 2007 6.20% 2008-2009 6.25% 2010-2013 PIPER JAFFRAY, INC. 4.00% 1994 $2,597,760.00 $2,403,451.25 6.3454% Robert W. Baird&Company, 4.50% 1995 Incorporated 4.75% 1996 Craig-Hallum, Incorporated 5.00% 1997 5.25% 1998 5.50% 1999 5.75% 2000 5.90% 2001 6.00% 2002-2003 6.10% 2004-2005 6.20% 2006 6.25% 2007-2008 6.30% 2009-2010 6.375% 2011-2013 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- These Bonds are being reoffered at par. BBI: 6.38 Average Maturity: 14.41 Years