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#092 10-06-81 Issue Tax Increment Bonds14 p Resolution #92 October 6, 1981 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO $560,000 GENERAL OBLIGATION TAX INCREMENT BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Section 1. Authorization and Findings. 1.01. Pursuant to the provisions of Minnesota Statutes, Section 273.77 and Chapter 475, the Council hereby authorizes the issuance and sale of General Obligation Tax Increment Bonds of the City, in the principal amount of $560,000, of which $10,000 in principal amount represents interest pursuant to Minnesota Statutes, Section 475.56 (the Bonds), for the purpose of providing funds for the payment of public redevelopment costs in connection with a Project Area designated as North Wirth Parkway Project Area and described as follows: Beginning at the intersection of the easterly line of France Avenue and the northerly right-of-way line of Minnesota Highway No. 55, also known as Olson Memorial Highway; thence northerly, along said easterly line of France Avenue, to the southerly line of Minneapolis, Northfield, and Southern Railroad right-of-way; thence southwesterly or along said Minneapolis, Northfield and Southern Railroad right-of-way to the west line of Ardmore Drive North; thence northwesterly, along said southerly line of Chicago Northwestern Railroad right-of-way, to the intersection with a line that is parallel to and 455.00 feet distant from said west line of Ardmore'Drive North; thence southerly, along said line, to the northwesterly line of Railroad right-of-way, thence southwesterly, along said northwesterly line of railroad right-of-way, to said northerly right-of-way line of Minnesota Highway No. 55; thence easterly, along said northerly right-of-way line of Minnesota Highway No. 55, to the point of beginning. in accordance with a redevelopment plan of the Housing and Redevelopment Authority in and for the City of Golden Valley. The Council finds that the assistance of the City is needed to complete the Project, for the orderly and economic development of the City and for the development of additional real estate tax base. The tax increment financing district (the District) includes the land described above, and as more fully described in the tax increment financing plan. It is anticipated that the tax increment revenue generated from the Project Area will be segregated and pledged for the payment of and principal interest on the Bonds under an agreement to the entered into between the Housing and Redevelopment Authority in and for the City of Golden Valley and the City, pursuant to Minnesota Statues, Section 273.77(a). Section 2. Sale of Bonds. This Council shall meet at the time and place specified in the form of notice hereinafter prescribed to receive, open and consider sealed bids and award the sale of the Bonds. The Council hereby rati- fies, confirms and affirms the action of the City Finance Director -Clerk shall cause notice of the time, place and purpose of the meeting to be published once not less than ten days before the date of the meeting in the Golden Valley Post, the official newspaper of the City, and in Commerical West, which notice shall be in substantially the following form: 1 1 Resolution #92 - Continued NOTICE OF SALE $560,000 General Obligation Tax Increment Bonds City of Golden Valley, Minnesota NOTICE IS HEREBY GIVEN that sealed bids of the City of Golden Valley, Minnesota will City Finance Director -Clerk in the City Hall, 7:30 o'clock PM, November 17, 1981, at which tabulated, and the City Council will meet to be dated December 1, 1981, and will mature on and amounts: Year Amount October 6, 1981 14 9 for the purchase of the above Bonds be received at the office of the in Golden Valley, Minnesota, until time the bids will be opened, consider the bids. The Bonds will February 1 in the following years Year Amount 1984 $25,000 1990 $45,000 1985 25,000 1991 50,000 1986 30,000 1992 55,000 1987 35,000 1993 65,000 1988 40,000 1994 70,000 1989 40,000 1995 80,000 Bonds maturing in the years 1991 to 1995 are each subject to redemption and prepayment, at the option of the City and in inverse order of serial numbers, on February 1, 1990 or on any interest payment date thereafter at a price equal to their principal amount and accrued interest. Interest will be payable on February 1, 1982 and semiannually thereafter. No rate of interest nor the net effective average rate of the issue may exceed 12% per annum. An opinion as to validity of the issue and tax exempt nature of the interest thereon will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Evensen-Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402; telephone (612) 338-3535, financial consultants to the City. BY ORDER OF THE CITY COUNCIL John F. Murhpy City Finance Director -Clerk Golden Valley, Minnesota Section 3. Terms and Conditions of Sale. The following shall constitute the terms and conditions for the sale and issuance of the Bonds, and the City Finance Director -Clerk and the financial consultants to the City are hereby authorized and directed to cause the following terms and conditions to be incorporated in material distributed to prospective bidders for the Bonds: TERMS AND CONDITIONS OF SALE $560,000 GENERAL OBLIGATION TAX INCREMENT BONDS CITY OF GOLDEN VALLEY, MINNESOTA Sealed bids for the purchase of $560,000 General Obligation Tax Increment Bonds (the Bonds) of the City of Golden Valley, Minnesota, will be received at the office of the City Finance Director -Clerk in the City Hall until 7:30 o'clock PM, C.D.T., Tuesday, November 17, 1981, at which time the bids will be opened, tabulated and the City Council will consider the bids. 150 Resolution #92 - Continued October 6, 1981 DATE AND PURPOSE The Bonds are to be dated as of December 1, 1981, and are issued pursuant to Minnesota Statutes, Section 273.77 and Chapter 475, to finance the public redevelopment costs of a redevelopment project within the City to be undertaken by the Housing and Redevelopment Authority in and for the City. DENOMINATION, MATURITIES AND REDEMPTION The Bonds will be numbered serially, will be in the denomination of $5,000 each, unless designated otherwise by the purchaser within 48 hours of award of sale and will mature serially on February 1 in the following years and amounts: Year Amount Year Amount 1984 $25,000 1990 $45,000 1985 25,000 1991 50,000 1986 30,000 1992 55,000 1987 35,000 1993 65,000 1988 40,000 1994 70,000 1989 40,000 1995 80,000 Bonds maturing in the years 1984 to 1990 are payable on their stated maturity dates without option of prior payment, but Bonds maturing in the years 1991 to 1995 are each subject to redemption and prepayment, at the option of the City and in inverse order of serial numbers, on February 1, 1990 or on any interest payment date thereafter at a price equal to their principal amount and accrued interest. INTEREST PAYMENT DATES, RATES Interest on the Bonds will be payable semiannually on each February 1 and August 1, commencing February 1, 1982. Bonds maturing on the same date must bear interest at a single uniform rate from their date until their stated maturity, expressed as a integral multiple of 5/100 of 1%, not exceeding 12% per annum, and represented by a single set of coupons. PAYING AGENT Principal and interest will be made payable at a suitable bank in the United States designated by the successful bidder within 48 hours after award of sale, subject to approval by the City Council. The Council will select the paying agent if it does not approve the designation of the purchaser. The City will pay reasonable and customary charges of the paying agent. CUSIP NUMBERS The City wil 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 respective purchaser, if the purchser waives any delay in delivery occasioned thereby. i Resolution #92 - Continued DELIVERY October 6, 1981 1.5 1 Within 40 days after award of sale, the City will furnish and deliver at the office of the purchaser or at his option, will deposit with a bank in the United States selected by the purchaser and approved by the City to permit examination by and to deliver to the purchaser, the printed and executed Bonds, the opinion of bond counsel and customary closing papers, including a no -litigation certificate. The charge of the delivery agent must be paid by the purchaser, but all other costs, with the exception of printing of CUSIP numbers as indicated, will be paid by the City. Payment for the Bonds must be made in funds immediately available to the City on the date of delivery. LEGAL OPINION A legal opinion on the validity of the Bonds and the tax-exempt nature of the interest thereon will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of 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 enforceable in accordance with their terms, except to the extent enforceability may be limited by State of Minnesota or United States, laws relating to bankruptcy, reorganization, moratorium or creditors' rights generally. CONSIDERATION OF BIDS Sealed bids for the Bonds for not less than $550,000 and accrued interest on the principal sum of $560,000 must be mailed or delivered to the undersigned and must be received prior to the time set forth above. Each bid must be unconditional (except that each bid will be deemed to be conditioned on receipt of the legal opinion referred to above) and must be accompanied by a cashier's check or a certified check or bank draft in the amount of $11,200, payable to the City Finance Director -Clerk, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith check of the successful bidder will be deposited at the time of award and deducted from the purchase price at the time of delivery. The bid offering the lowest net interest cost, determined by the addition of any discount to and the deduction of any premium from the total interest on all Bonds from their date to their stated maturity, will be deemed the most favorable for the issue. In the event two or more bids state the lowest net interest cost, the sale of the Bonds will be awarded by lot. The net effective rate of the issue may not exceed 12% per annum. The City reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Information for bidders and bidding forms will be distributed by Evensen- Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402; telephone (612) 338-3535, financial consultants to the City. Dated: October 6, 1981. BY ORDER OF THE CITY COUNCIL John F. Murphy City Finance Director -Clerk Golden Valley, Minnesota 152 Resolution #92 - Continued October 6, 1981 Section 4. Official Statement. The City Manager, in cooperation with Evensen-Dodge, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale set forth in Section 3 hereof and such other information as shall be deemed advisable and necessary to describe adequately the City and the security, terms and conditions of the Bonds. Such official statement shall be examined and approved by the City Manager prior to its distribution to potential purchasers. Ros ary Thors , Mayor G ATTEST: ohn u y, City erk The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. 1