Loading...
83-20A r~ , e e ..,.; - t , . A-14 J EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN COUNTIES OF CARVER AND HENNEPIN, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Chanhassen, Minnesota, was duly held in the City Hall in the City of Chanhassen, on Monday, May 2, 1983, com- mencing at 7:30 o'clock p.m., C.T. The following members of the Council were present: Mayor Hamilton, Councilmembers Horn, Geving, Swenson and Watson. and the following were absent: None -)(.1\-:; ,;ht\,;~ J_'-t. ~\ ~... I... Councilmember Hami I ton introduced the following resolution and moved its adoption: RESOLUTION NO. 83- 20A RESOLUTION AWARDING THE SALE OF $315,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1983; FIXING THEIR FORM' AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Chanhassen (City), Minnesota, as follows: 1. This Council by Resolution No. a3:--14 of April 26, 1983 authorized the City Manager and the City's financial advisors to obtain proposals for any of the three issues of general obligation bonds offered for sale on that date. 2. The offer of Dain Bosworth, Inc. (Purchaser) to pur- chase $315,000 General Obligation Tax Increment Bonds of 1983 (the- "Bonds") of the City described in the notice of sale thereof is hereby r e found and determined to be a reasonable offer and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $311,220 plus accrued interest to date of delivery, the Bonds to bear interest as follows: Year of Maturity Interest Rate 1984 1985 1986 1987 1988 1989 5.75% 6.00 6.50 6.80 7.10 7.40 The sum of $2,360, being the amount bid in excess of $308,860, shall be credited to the Sinking Fund hereinafter created. The City Finance Director is directed to return the good faith checks of the unsuccess- ful bidders forthwith. 2. The City shall forthwith issue and sell the Bonds in the total principal amount of $315,000, dated May 1, 1983, the Bonds being 63 in number and numbered 1 to 63, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, all interest payable February 1, 1984, and semiannually thereafter on August 1 and February 1 in each year, and which Bonds mature serially without option of prior payment on February 1 in the years and amounts as follows: e YEAR AMOUNT 1984 $15,000 1985 20,000 1986 40,000 1987 60,000 1988 80,000 1989 100,000 3. Both principal of and interest on the Bonds shall be payable at The First National Bank of Saint Paul (the "Paying Agent"), in the City of St. Paul, Minnesota, and the City shall pay the reasonable charges of the Paying Agent for its services. 4. The Bonds and the interest coupons to be thereto at- tached shall be in substantially the following form: e No. $5,000 e UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN GENERAL OBLIGATION TAX INCREMENT BOND OF 1983 KNOW ALL MEN BY THESE PRESENTS that the City of Chanhassen, Carver and Hennepin Counties, Minnesota, acknowledges itself to be indebted and, for value received, hereby promises to pay to bearer, without option of prior payment, the sum of FIVE THOUSAND DOLLARS on the 1st day of August 19 , and to pay interest thereon from the date hereof until the principal amount is paid at the rate of and hundredths percent ( %) per annum, interest to maturity payable February 1, 1984, and semiannually there- after on the 1st day of February and the 1st day of August in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are payable at The First National Bank of Saint Paul in the City of St. Paul, Minnesota, in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. e This bond is one of an issue of bonds in the total principal amount of $315,000, all of like date and tenor except as to maturity, interest rate, redemption privilege and serial number, all issued by the City for the purpose of providing money to finance Public Development Costs of a Project in an Economic Development Tax Incre- ment Financing District (Development District No.2) within the City and pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota thereunto, enabling including Minnesota Statutes, Chapter 472A and Sections 273.71 to 273.78 (the Minnesota Tax Increment Financing Act), and is payable primarily from tax incre- ments resulting from increases in the valuation of property within said District, but constitutes a general obligation of the City, and, to provide moneys for the prompt and full payment of the principal of and interest on the bonds as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limita- tion thereon. e e e e ~l IN WITNESS WHEREOF, the the City of Chanhassen, Carver and Hennepin Counties, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signatures of its Mayor and its City Manager, and by the manual signature of at least one of said officers, to be sealed with a facsimile of the corporate seal of the City, and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of May 1, 1983. (manual signature) City Manager (Facsimile Signature) Mayor (FACSIMILE SEAL) (Form of Coupon) No. $ On the 1st day of February (August) 19 ,the City of Chanhassen, Carver and Hennepin Counties, Minnesota, will pay to bearer, at The First National Bank of Saint Paul, in the City of St. Paul, Minnesota, the amount shown hereon for interest then due on its General Obligation Tax Increment Bond of 1983, dated May 1, 1983, No. (facsimile signature) Mayor (facsimile signature) City Manager 5. The City Manager shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, of Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Manager in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which op1n10n has been handed to me for filing in my office prior to the time of bond delivery. e (facsimile signature) City Manager City of Chanhassen, Minnesota The City Manager is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. 6. The Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and the City Manager, and by the manual signature of one of said officers, the interest coupons shall be executed and authenticated by the printed facsimile signatures of the Mayor and City Manager, and a facsimile of the corporate seal of the City may, but need not be, printed thereon; provided, however, that the signatures of both the Mayor and the City Manager may be fac- simile signatures, duly authenticated by the manual signature of an officer of The First National Bank of Saint Paul hereby designated authenticating agent pursuant to Minnesota Statutes, Section 475.55, Subdivision 1, and, if the Bonds are to be so executed and authenti- cated, the bond form set forth in paragraph 4 hereof shall be modified as follows: a) Substitute the following paragraph for the final paragraph of each of the Bonds: e "IN WITNESS WHEREOF, the City of Chanhassen, Carver and Hennepin Counties, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signatures of its Mayor and City Manager and to be sealed with a facsimile of the corporate seal of the City, and the inter- est coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, and such signatures to be authenticated by the manual signature of the City's duly authorized Authenticating Agent on the reverse side of this bond, all as of May 1, 1983." b) Add the following on the reverse side of each of the Bonds: "This bond is one of the bonds of the series designated herein issued pursuant to the resolution authorizing its issuance and delivery." The First National Bank of Saint Paul As Authenticating Agent By Its Authorized Officer e e e . -. The Bonds, when fully executed, shall be delivered by the City Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper application thereof. 7. The Bonds shall be payable from the General Obligation Tax Increment Bonds of 1983 Fund hereby created (the "Sinking Fund"), and the proceeds of general taxes hereinafter levied for the payment of principal and interest on the Bonds, and so much of the tax incre- ments from increases in valuation of taxable property in Development District No. 2 ("Tax Increments") received by the City necessary to pay principal and interest on the Bonds are hereby pledged to the Fund, subject to the provisions of the Act. If any payment of prin- cipal or interest on the Bonds shall become due when there is not sufficient money in the Sinking Fund to pay the same, the Treasurer shall pay such principal and interest from the general fund of the City and the Sinking Fund may be reimbursed for such advances out of proceeds of Tax Increments when collected. 8. It is hereby determined that public development costs of the Development District No. 2 will be paid by the Tax Increments hereby pledged to the Sinking Fund. It is hereby further determined that the estimated collection of the Tax Increments will produce at least 5% in excess of the amount needed to meet, when due, the prin- cipal and interest payments on the Bonds. The Manager is directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and the Carver County Auditor and obtain the certificates required by Minnesota Statutes, Section 475.63. 9. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowl- edge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 10. The Mayor, City Manager and City Treasurer are hereby authorized and directed to certify that they have examined the Offi- cial Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement as it relates to the City. e e e . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson , and upon vote being taken thereon, the following voted in favor thereof: Mayor Hamilton, Councilmembers Horn, Geving, Swenson and Watson. and the following voted against: None whereupon said resolution was declared duly passed and adopted. . e e II . . STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) AND HENNEPIN ) SS. ) CITY OF CHANHASSEN ) I, the undersigned, being the duly qualified and acting Manager of the City of Chanhassen, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, May 2, 1983, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City 's $315,000 General Obligation Tax Increment Bonds of 1983. WITNESS My hand as Manager and the corporate seal of the City this 20th day of May 1983. /l C1J~ City Manager City of Chanhassen, Minnesota (SEAL)