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93-04Extract of Minutes of Meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, was held at the City Hall in the City on Monday, January 25, 1993, commencing at 7:30 P.M. The following members of the CoUncil were present: Donald J. Chmiel, Michael C. Mason, Mark O. Senn and Colleen C. Dockendorf and the following were absent: Richard C. Wing *** *** *** The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. 93- 04 Senn RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $ 5,675,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993A BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota (City) as follows: 1. It is hereby determined that: (a) (b) (c) the City 'has duly established the Downtown Redevelopment Project Area (Project Area) Tax Increment District No. 1 pursuant to Minnesota Statutes, Chapter 469 (the Act); the City is authorized by Section 469. 178 of the TIF Act to issue and sell its general obligations (Bonds) to pay all or a portion of the public development costs (Costs) related to the Project Area as identified in the redevelopment plan (Plan) for the Project Area; · the Plan lists the following Costs to be financed by the Bonds: · DJK47709 CH135-24 Public Improvements: Land Acquisition Taco Shop Apple Valley Redimix James Property Burdick Property Miscellaneous Property Acquisition and Improvements Subtotal Administrative Costs Allowance for Discount Issuance Costs Total Costs Less Investment Earnings Net Bond Issue $ 313,000 1,000,000 490,000 2 736,000 '750,000 $5,289,000 264,450 85,125 37,500. $5,676,075 d,075) $5,675,000 (d) it is necessary and expedient to the sound financial management of the affairs of the City and the Project Area to issue $7,025,000 Taxable General Obligation Tax Increment Bonds, Series 1993A to provide financing for the Costs; (e) the Housing and Redevelopment Authority of the City has requested the City to issue the Bonds. 2. In order to provide financin~ for the Costs, the City will therefore issue and sell Bonds in the amount of $5,589,.875 In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $85,125 The excess of the purchase price of the Bonds over the sum of $5,589,875 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: IM1~47709 3. Springsted Incorporated is authorized and directed to negotiate the sale of the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:30 p.m. on Monday, February 22, 1993, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Mason , and upon vote being taken thereon the following members voted in favor of the motion: Michael C. Mason, Mark O. Senn, Colleen C. Dockendorf and Mayor Donald J. Chmiel and the following voted against: None whereupon the resolution was declared duly passed and adopted. DJ'K47709 CH135-24 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,675,000 CITY OF CHANHASSEN, MINNESOTA 'TAXABLE GENERAL OBUGATION TAX INCREMENT BONDS, SERIES 1993A Proposals for the Bonds will be received by the City Manager or his designee on Monday, February 22, 1993, until 12:30 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated March 1, 1993, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1993. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $150,000 1995 $150,000 1996 $150,000 1997 $ 650,000 1998 $ 700,000 1999 $1,175,000 2000 $1,225,000 2001 $1,475,000 OPTIONAL REDEMPTION The City may elect on February 1, 1999, and on any day thereafter, to prepay Bonds due on or after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. -In addition the City will pledge tax increment income from the City's HRA Redevelopment District. The proceeds will be used to finance land acquisition and other eligible costs within Tax Increment District No. 1. -i- TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota, and is subject to Minnesota Corporate and bank excise taxes measured by net income. TYPE OF PROPOSALS Proposals shall be for not less than $5,589,875 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $56,750, payable to the order of the City. ff a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SE'I-rLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement~' of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 225 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i)it shall accept such designation and (ii)it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated January 25, 1993 BY ORDER OF THE CITY COUNCIL /s/Donald W. Ashworth City Manager - III - STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN I, the undersigned, being the duly qualified and acting City Manager of the City of Chanhassen, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, January 25, 1993, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $5,675,000 Taxable General Obligation Tax Increment Bonds, Series 1993A of the City. WITNESS My hand as City Manager and the corporate seal of the City this ~2.r-~ day of February , 1993. City of Chanhassen, Minnesota (SEAL) D,TK47709 CH135-24