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81-45 ! e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE: December 2l, 1981 RESOLUTION NO: 8l-45 MOTION BY COUNCILMAN: Neveaux SECONDED BY COUNCILMAN: Horn A RESOLUTION CONSOLIDATING 1978, 1979, and 1980 TEMPORARY IMPROVEMENT BONDS WHEREAS, a majority of the construction projects authorized in 1978 and 1979 were anticipated to be multi-year construction projects (See Exhibit A, attached hereto); and WHEREAS, the only known factor at the time of proceeding with the construction projects of 1978 or 1979 was the cost of that phase of the project(s); and WHEREAS, all phases of each construction project were not proposed to be assessed prior to the completion of said phased projects, the aggregate amount of said assessments approximating 100% of the construction costs incurred by each project during the period of 1978 through 1980; and e WHEREAS, upon the advise of bond and legal consultants, the City of Chanhassen did authorize and sell "Temporary Improvement Bonds" in 1978, 1979, and 1980 to pay construction costs incurred in those years - such recognizing that any definitive bonds could not be sold until the total costs/total pledged assessments were known; and WHEREAS, the sale of one definitive bond issue permanently financing similar projects, having common pledged assessments, is not only allowable under State Statute, but also recommended in State and National Accounting Standards; and WHEREAS, the City of Chanhassen did notify prospective bond holders of the City's committment to sell definitive bonds to permanently finance the temporary construction projects of 1978, 1979 and 1980 - a majority of which construction projects being shown to have common pledged assessments. e NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Chanhassen that the City Treasurer of the City of Chanhassen shall maintain separate accounts accurately reflecting the project costs and principal/interest payments made for each of the separate Temporary Improvement Bond Issues of 1978, 1979 and 1980. However, for reporting purposes and to aid in the sale of definitive bonds, the Treasurer shall be allowed to consolidate the assets and liabilities of said temporary bond issues. ~ Passed and adopted by the City Council of the City of Chanhassen e this 2lst day of December, 1981. ATTEST: Lfl~ Don Ashworth, City lark/Manager YES NO Mayor Hamilton None Councilman Neveaux Councilman Horn Councilman Swenson Councilman Geving e e e PROJ. # 75-2 75-11 77-2 78-1 78-5 78-6 _78-7 77-6 78-3 78-8 60-3 _ EXHIBIT A Distribution of Proceeds to Construction Funds (Per Approving Resolutions) PROJECT DESCRIPTION Carver Beach Erie ChanView Lake Riley San. Swr. So. Lotus Lk. Drainage Hwy. 5 Frontage Rd. E. Lotus Lk. Swr. & Wtr. Chaska Rd. Water Kerber Drive (MSAS 101) North Lake Susan Bandimere Hgts. Sewer Coulter Drive Imprv. Capitalized/Consultive TOTAL BONDING TEMPORARY BONDS OF 1978 40,000 15,000 25,000 80,000 370,000 330,000 12,000 100,000 TEMPORARY BONDS OF 1979 76,000 116,175 2,759,898 TEMPORARY BONDS OF 1980 45,000 85,000 200,000 800,000 70,000 18,000 347,927 220,600 280,000 $990,000 $3,300,000 $1,700,600 I I. I ~ I I I - I . I I I I I I I t , , C ITV 0 F CHAHHASSEH . I" ! J I ,,-., 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: December 2l, 1981 SUBJ: 1978, 1979, 1980 Temporary Improvement Bonds, Consolidate Projects such as Kerber Drive, East Lotus Lake Sewer and Water and, most significantly, the Chanhassen Lakes Business Park public improvements were carried out over a number of years. As construction was proposed to be phased, i.e. sanitary sewer constructed in the business park in 1978, other underground utilities in 1979, and surface improvements in 1980, the city's bonding consultant recommended that these improvements be completed through temporary improvement bonds. In addition to a recognition of construction phasing was also the fact that total construction costs could easily change from year to year and it was better to re-evaluate bonding needs each year. In retrospect, even though multiple problems would have been created by carrying out permanent financing on a yearly basis for projects stretching over multiple years, significant cost savings would have occurred through locking in lower interest rates at that point in time. However, this was not done and the city did sell temporary improvement bonds in 1978, 1979 and 1980. Each of the temporary bonds mature three years after their issuance. That means that the first of the temporary bonds, 1978, matures at the end of this year. This had been foreseen this past spring, but it was the recommendation of the city's financial consultant that the three issues not be permanently sold in 1981 unless no other alternative was available. City staff approached our legal bond counsel, Dave Kennedy of the LeFever firm, with this problem. It was his opinion that, as the city would be authorized to carry out a permanent bond sale encompassing all three temporary issues, that the city could legally consolidate the three temporary issues in advance of carrying out the permanent sale. This alternative, by consolidating cash balances, would assure that sufficient monies existed to payoff the 1978 temporary issue at maturity. This position was further confirmed through the special debt service study carried out by M.J. Long which reflects that the city does have sufficient resources to repay the 1978 temporary bonds and that a ~ayor and Council -2- December 21, '19at, e definitive bond issue should be sold in 1982 to permanently finance the 1979 and 1980 temporary bonds. .., The above recommendations do not change the overall net debt position of the city as the debt for the 1978, 1979, and 1980 temporary bonds is in the form of existing debt. The bonds proposed to be sold in 1982 simply change the form of the debt. In fact, from an overall debt standpoint, the recommendations from Juran and Moody, LeFever, auditors and this office improves the overall debt picture of the city by reducing the outstand~ng debt (repayment of the 1978 temporary bonds at this time) as well as reducing debt in 1982 (the definitive issue would be approximately $4 million dollars which, when combined with existing cash available, would retire both the 1979 and 1980 temporary bonds - a total of approximately $5.3 million) . It is recommended that the City Attorney's office be instructed to prepare a resolution consolidating the temporary improvement bonds of 1978, 1979, and 1980 so as to insure that a future review of city actions will properly reflect events which have occurred in 1978, 1979 and 1980, and consultant recommendations in 1981. e " e I .a l a \~ [J II fI 1I -". .':' . II . . .' ) .: I . .. d........"'. .~ .~ v' e I t I I I l I i I I I- I , ~ \ ~ ~ ~ ~- ~ Page 4 of 4 ACCOUNTANTS' REPORT ON OTHER FINANCIAL INfOR~~TION, COrillENTS A~D OBSERVATIONS (CONTINUED) 1972 and 1973 General Obligation Improvement Bond$ (continuyd) , . It is evident from the facts and the projections, that unless some course of remedial action is taken by 1988, it will be necessary to levy an ad valorem tax to repay funds advanced for payment of obligations of this sinking fund. 1978 Sinking Fund Bond Issue Retirement of the 1978 Sinking Fund Bond Issue principal and interest obligations is to be accomplished from funds received fram special assessments principal and interest. The projected cash and investment balances on schedule I, page 7, indicate there will be more than adequate funds to meet all bond principal and interest payment requirements as a result of anticipated future interest earnings on investments. .1978, 1979, 1980 General Obligation Temporary Bond Issues The Temporary Bond Issues of $990,000 (1978), $3,300,000 (1979) and $1,730,000 (1980) begin to mature in total on December I, 1981, and in succeeding years on July I, 1982 and June I, 1983. The projected cash and investment balances on schedule 1, page 8, indicate there will be available funds only for the 1981 pa}~ent. Schedule 1, page 8A, assumes a permanent refinancing bond issue in 1982, of $4,000,000. This reflects both the bond proceeds and a 15 year repayment schedule. This schedule includes the H.R.A. bonding repayments of $584,000 in 1982 and reflects an increase in the interest rates on outstanding assessments from 7% to 9%. It is evident from the facts and the projections on these two schedules, that if the permanent refinancing bond issue is not made in 1982, there would exist a large deficit with the temporary bond issues and some other course of remedial action, such as an ad valorem tax levy, would be necessary to meet the required debt redemption payments. LONG, FROEHLING AND ASSOCIATES, P.A. Excelsior. Minnesota June 26. 1981 -8- ..:d;>~, g;~e;/lr.-nj? and f.~c-cea,lcd-, 9 sd /! 1:.. .\ \ i \ ~ '~~l '.0 e ~~ .... o w ..J< jOO f! 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