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#82-059 06-15-82 Issue Public Sale Tax Increment BondsResolution 82-59 June 15, 1982 331 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO $360,000 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. The Golden Valley Housing and Redevelopment Authority (the Authority) has prepared a tax increment financing plan for 8.5 acres of undeveloped land southeast of the intersection of Medicine Lake Road with County Road 18 in northwestern Golden Valley. The properties are designated as the Medley Park Tax Increment Finance District (the District) and consist of premises in the State of Minnesota, County of Hennepin, described as follows: Galant Patio Townhouses 1st Addition Outlots A, B, C, D, E, F and G; and that part of the south 151 05/100 feet of the north 656 05/100 feet of the west 26 2/3 rods of the northwest 1/4 of the northwest 1/4 of Section 30, Township 118, Range 21, lying south of the service road; and the south 20 3/10 rods of the north 60 rods of the west 26 2/3 rods of the northwest 1/4 of the northwest 1/4 of Section 30, Township 118, Range 21, excluding the road. After appropriate proceedings conducted pursuant to Minnesota Statutes, Sections 462.515 and 462.521 under the Housing and Redevelopment Act and Section 273.74 of the Tax Increment Financing Act; Minnesota Stautes, Section 273.71 through 273.78, this Council by resolution adopted March 16, 1982, approved the tax increment financing plan of the Authority. This Council has approved the Medley Park Tax Increment Financing Plan (the Plan). The Plan calls for the acquisition of all properties within the District, site preparation work, installation of site improvements and transfer of District properties to a developer for construction of a quality housing project approved in accordance with City ordinance (the Project). 1.02. The cost of the Project is estimated to be as follows: Purchase of Land $208,000 Improvements, Other City Expenses 67,000 Capitalized Interest 63,000 Cost of Issuance 15,000 Discount 7,000 1.03. 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 $360,000, of which $7,000 in principal amount represents interest pursuant to Minnesota Statutes, Section 475.56 (the Bonds), for the purpose of providing funds for the payment of costs of the Project. It is anticipated that the tax increment revenue generated from the District will be segregated and pledged for the payment of principal and interest on the Bonds under an agreement to be entered into between the Authority and the City, pursuant to Minnesota Statutes Section 273.77(a). 332 Resolution 82-59 - Continued June 15, 1982 Section 2. Sale of Bonds. This Council shall meet at the time and place specified in theorinotice hereinafter prescribed to receive, open and consider sealed bids and award the sale of the Bonds. 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 Commercial West, which notice shall be in substantially the following form: NOTICE OF SALE $360,000 General Obligation Tax Increment Bonds City of Golden Valley, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above Bonds of the City of Golden Valley, Minnesota will be received at the office of the City Finance Director -Clerk in the City Hall, in Golden Valley, Minnesota until 2:00 o'clock PM, July 6, 1982, at which time the bids will be opened and tabulated. The City Council will meet at the City Hall at 6:30 o'clock PM that same date to consider the bids and award the sale of the Bonds. The Bonds will be dated July 1, 1982, and will mature on February 1 in the following years and amounts: Year Amount Year Amount 1985 $15,000 1992 $30,000 1986 15,000 1993 30,000 1987 15,000 1994 35,000 1988 20,000 1995 40,000 1989 20,000 1996 45,000 1990 20,000 1997 50,000 1991 25,000 Bonds maturing in the years 1993 through 1997 are each subject to redemption and prepayment, at the option of the City and in inverse order of serial numbers, on February 1, 1992 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, 1983 and semiannually thereafter. No rate of interest nor the net effective average rate of the issue may exceed the maximum rate to be determined in accordance with Minnesota Statutes, Section 475.55, Subdivision 4, for the month of July, 1982. An opinion as to validity of the issue and tax exempt nature of the interest thereon will be furnished by Dorsey & Whitney, 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 West Building, Minneapolis, Minnesota 55402; telephone (612) 338-3535, financial consultants to the City. BY ORDER OF THE CITY COUNCIL John F. Murphy 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: Resolution 82-59 - Continued June 15, 1982 TERMS AND CONDITIONS OF SALE $360,000 GENERAL OBLIGATION TAX INCREMENT BONDS CITY OF GOLDEN VALLEY, MINNESOTA Sealed bids for the purchase of $360,000 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 2:00 o'clock PM, Tuesday, July 6, 1982, at which time the bids will be opened and tabulated. The City Council will meet at the City Hall in the City at 6:30 o'clock PM the same day to consider the bids and award the sale of the Bonds. DATE AND PURPOSE The Bonds are to be dated as of July 1, 1982, 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 Bonds maturing in the years 1985 through 1992 are payable on their stated maturity dates without option of prior payment, but bonds maturing in the years 1993 through 1997 are each subject to redemption and prepayment, at the option of the City and in inverse order of serial numbers, on February 1, 1982 or on any interest payment date thereafter at a price equal to their principal amount and accrued interest. INTEREST PAYMENT DATES, RATES 333 Interest on the Bonds will be payable semiannually on February 1 and August 1 in each year, commencing February 1, 1983. All Bonds of the same maturity must bear interest at a single uniform rate from date of issue to maturity, not exceeding the maximum rate to be determined in accordance with Minnesota Statutes, Section 475.55, Subdivision 4, for the month of July, 1982, expressed as an integral multiple of 5/100 of 1% per annum, represented by a single set of coupons. The difference between the highest and lowest rate specified may not exceed 3%. 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. 1985 $15,000 1992 $30,000 1986 1987 15,000 15,000 1993 1994 30,000 35,000 1988 20,000 1995 40,000 1989 20,000 1996 45,000 1990 20,000 1997 50,000 1991 25,000 Bonds maturing in the years 1985 through 1992 are payable on their stated maturity dates without option of prior payment, but bonds maturing in the years 1993 through 1997 are each subject to redemption and prepayment, at the option of the City and in inverse order of serial numbers, on February 1, 1982 or on any interest payment date thereafter at a price equal to their principal amount and accrued interest. INTEREST PAYMENT DATES, RATES 333 Interest on the Bonds will be payable semiannually on February 1 and August 1 in each year, commencing February 1, 1983. All Bonds of the same maturity must bear interest at a single uniform rate from date of issue to maturity, not exceeding the maximum rate to be determined in accordance with Minnesota Statutes, Section 475.55, Subdivision 4, for the month of July, 1982, expressed as an integral multiple of 5/100 of 1% per annum, represented by a single set of coupons. The difference between the highest and lowest rate specified may not exceed 3%. 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. 7 2 A Resolution 82-59 - Continued CUSIP NUMBERS June 15, 1982 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 respective purchaser, if the purchaser waives any delay in delivery occasioned thereby. DELIVERY Within 40 days after award of sale and without cost to the purchaser, the City will furnish and deliver anywhere in the continental United States, the printed and executed Bonds, the opinion of bond counsel and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The City reasonably expects to make such delivery by July 29, 1982. All costs, with the exception of the printing of CUSIP numbers as indicated, will be paid by the City. The purchase price must be paid upon delivery of the Bonds, in funds available to the City on the date of delivery. LEGAL OPINION An opinion as to the validity of the Bonds and the exemption of the Bonds and the interest thereon will be furnished by Dorsey & Whitney, 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 enforeability 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 $353,000 and accrued interest on the principal sum of $360,000 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 $7,200, 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 the maximum interest rate to be determined in accordance with Minnesota Statutes, Section 475.55, Subdivision 4, for the month of July, 1982. The City reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. No bid may be altered or withdrawn after the time specified above for opening of bids. Information for bidders and bidding forms will be distributed by Evensen- Dodge, Inc., 1900 Midwest Plaza West Building, Minneapolis, Minnesota 55402; telephone (612) 338-3535, financial consultants to the City. Dated: June 15, 1982. 1 1 1 1 11 Resolution 82-59 - Continued June 15, 1982 BY ORDER OF THE CITY COUNCIL John F. Murphy City Finance Director -Clerk Golden Valley, Minnesota Section 4. Official Statement. The City Manager, in cooperation with Evensen-Dodge, Inc., inancia 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. osem ry o ayor ATTEST: Jon urp , C t VMr� The motion for the adoption of the foregoing resolution was seconded by Member Mitchell 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. 335