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HomeMy WebLinkAboutCCRes_84-14.~ • EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA HELD: April 25, 1984 Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Falcon Heights, Ramsey County, Minnesota, was duly called and held at the City Hall in said City on the 25th day of April, 1984, at 7:30 P.M. for the purpose of opening, considering bids for and awarding the sale of $1,075,000 General Obligation Tax Increment Bonds of 1984 of said City. The following members were present: Mayor Ronald Eggert, Council Members Chestovich, Ciernia, Hard and Baldwin and the following were absent: None The Clerk-Administrator presented affidavits showing publication of notice of call for bids on $1,075,000 General • Obligation Tax Increment Bonds of 1984 of the City, for which bids were to be received at this meeting, in accordance with the resolution adopted by the City Council on March 14, 1984. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of the bonds. The following bids were received: Bidder Interest Rate Net Interest Cost See attached "Bid Tabulation" BIO TABULATION $1,075,000 General Obligation Tax Increment Bonds Falcon Heights, Minnesota SALE: Wednesday, April 25, 1984 AWARD: AMERICAN NATIONAL BANK ~ TRUST COMPANY OF ST. PAUL RATING: "A-1" COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & RATE PRICE AMERICAN NATIONAL BANK ~ TRUST COMPANY 7.10% St. Paul, Minnesota 7.30% Dougherty, Dawkins, Strand & Yost, Inc. 7.50% Juran & Moody, Inc. 7.80% 8.lOX 8.40% 8.60% 1988 $618,191.25 $1,062,315.00 1989 1990 8.2083% 1991 1992 1993 1994 T~FIRST NATIONAL BANK OF ST. PAUL ~~ 7.lOX 1988 $622,487.49 $1,060,487.50 St. Paul, Minnesota 7.40% 1989 PAINE, WEBBER, JACKSON ~ CURTIS, INC. 7.60% 1990 8.2653% Minneapolis, Minnesota 7.90% 1991 First National Bank of Minneapolis B.IOX 1992 8.40% 1993 8.60% 1994 PIPER, JAFFRAY b HOPWOOD, INC. 7.lOX Minneapolis, Minnesota 7.30% Allison-Williams Company 7.60% Robert W. Baird & Company, Inc. 7.90% S.IOx 8.40% 8.60% 1988 $624,473.75 $1,057,907.50 1989 1990 8.2918% 1991 1992 1993 1994 NORWEST SECURITIES 7.25% 1988 $630,146.87 =1,061,025.00 Minneapolis, Minnesota 7.50% 1989 Moore, Juran & Company, Inc. 7.75% 1990 8.3670% M.H. Novick & Company, Inc. 8.00% 1991 Mi '~r & Schroeder Municipals, Inc. 8.20% 1992 D Witter Reynolds, Inc. 8.50% 1993 8.70% 1994 Bid Tabulation continued on the reverse side..... The Council then proceeded to consider and discuss the bids, after which flavor Eggert introduced the following_resolution and moved its adoption: RESOLUTION 84-14 RESOLUTION ACCEPTING BID ON SALE OF $1,075,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1984 AND PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota, as follows: 1. The bid of American National Bank & Trust ~m~a_n~ th e "Purchaser") to purchase $1,075,000 General Obligation Tax Increment Bonds of 1984 of the City (hereinafter referred to as "Bonds" or individually as "Bond"), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $~ _062, 15.00 plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and the Bonds are hereby awarded to said bidder. The Clerk-Administrator is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. 2. The Bonds shall be dated June 1, 1984, as the date of original issue and shall be issued forthwith as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or any integral multiple thereof. The Bonds shall mature on March 1 in the years and amounts as follows: 1988 $125,000 1989 $125,000 1990 $150,000 1991 $150,000 1992 $175,000 1993 $175,000 1994 $175,000 All dates are inclusive. 3. For the purposes of complying with Minnesota Statutes, Section 475.54, Subdivision 1, the maturity schedule for the Bonds has been combined with the maturity schedule for the City's outstanding $525,000 General Obligation Tax Increment Improvement Bonds of 1983, dated September 1, 1983, as permitted by Minnesota Statutes, Section 475.54, Subdivision 2. r~ 4. The Bonds shall provide funds to refund the City's outstanding General Obligation Temporary Improvement Bonds of 1982, dated October 16, 1982 (the "Prior Bonds") on December 1, 1984 and to defray the expense of certain capital and administration costs in accordance with the City's Tax Increment District Financing Plan approved by the City Council on July 27, 1983 (the "Plan") to be amended on May 9, 1984 within the City's Development District No. 1 created pursuant to Minnesota Statutes, Chapter 472A (the "Project"). Pursuant to the Plan adopted by the City, tax increments derived from the tax increment financing district established pursuant to the Plan, have been pledged to the payment of the Bonds and interest thereon. The estimated collection of the tax increments exceeds 20$ of the cost of the Project. 5. The Bonds shall bear interest payable semiannually on March 1 and September 1 of each year commencing March 1, 1985 at the respective rates per annum set forth opposite the maturity years as follows: Maturity Years • 1988 1989 1990 1991 1992 1993 1994 Interest Rates 7.10% 7.30% 7.50% 7.80% 8.10% 8.40% 8.60% 6. All Bonds of this issue maturing in the years 1992 to 1994, both inclusive, shall be subject to redemption and prepayment at the option of the City on March 1, 1991 and on any interest payment date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds. To effect a partial redemption of Bonds having a com- mon maturity date, the Bond Registrar prior to giving notice of redemption, shall assign to each Bond having a common maturity • date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by • lot, using such method of selection as it shall deem proper in its discretion, numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected. Provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7• _9mariran National Ranh, R Tri~ct ('n i In Ct PaU~ i Minnesota is appointed to act as bond registrar and transfer agent (the "Bond Registrar") and shall do so unless and until a • successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly_ appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 8. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA _ RAMSEY COUNTY CITY OF FALCON HEIGHTS R- GENERAL OBLIGATION TAX INCREMENT BOND OF 1984 • INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE $ PER ANNUM June 1, 1984 REGISTERED OWNER: PRINCIPAL AMOUNT: CUSIP KNOW ALL PERSONS BY THESE PRESENTS that the City of Falcon Heights, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns in the manner hereinafter referred to, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on March 1 and September 1 of each year (each, an "Interest Payment Date") commencing March 1, 1985 at the rate per annum specified above, calculated on the basis of a 360-day year of twelve 30-day months until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of American National Bank & Trust Company in t. au , Minnesota, a ~ hank• association duly organized and validly existing un r t e aws of Minnesota (the "Bond Registrar") acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such • Interest Payment Date (the "Regular Record Date"). Any interest not s_o timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its . issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the Clerk-Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. • • • Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution. Bond Registrar By Authorized Signature Registrable by: Payable at: CITY OF FALCON HEIGHTS, RAMSEY COUNTY MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk-Administrator • • All Bonds of this issue maturing in the years 1992 to 1994, both inclusive, are subject to redemption and prepayment at the option of the Issuer on March 1, 1991 and on any Interest Payment Date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to the Holders of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected. Provided, however, that only so much of the principal amount of such Bond of a • denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. :] • ON REVERSE OF BOND This Bond is one of an issue in the total principal amount of $1,075,000 all of like date of original issue and tenor, except as to number, maturity, interest rate, denomina- tion and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on April 25, 1984 (the "Resolu- tion") for the purpose of providing money to refund the outstanding General Obligation Temporary Improvement Bonds of 1982, dated October 16, 1982, of the Issuer and to defray the expense of certain capital and administration costs within Development District No. 1 established by the Issuer and is payable out of the General Obligation Tax Increment Bonds of 1984 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of • other denominations in equal aggregate principal amounts and in authorized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the limita- tions provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution, and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination, or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this • Bond. The Issuer and the Bond Registrar may treat the . person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security until the Certificate of Authentication hereon shall have been executed by the Bond Registrar. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian Cust • Minor under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT . For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept or the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. • The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: Include information for all joint owners if the Bond is held by joint account.) • 9. The Bonds shall be executed on behalf of the City • by the signatures of its Mayor and Clerk-Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles, and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 10. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the .signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of • registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which, date is June 1, 1984. The executed Certificate of Authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 11. The City will cause to be kept at the principal office of the Bond Registrar a Bond Register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute, and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) and deliver, in the name of the designated transferee or transferees, one or more ~i new Bonds of any authorized denomination or denominations of a • like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no bond shall be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. • Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. • • 12. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest on any Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than 10 days prior to the Special Record Date. 14. The City and the Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of • and premium, if any, and interest on (subject to the payment provisions in paragraph 13 above),. on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. There has heretofore been created a Debt Service Account (the "1982 Debt Service Account") in the General Obligation Temporary Improvement Bonds of 1982 Fund. The 1982 Debt Service Account was established for the purpose of paying the principal and interest on the Prior Bonds. Of the proceeds derived from the Bonds herein authorized, $ 725.624 shall be credited to the 1982 Debt Service Account (which sum, together with sums already held in the 1982 Debt Service Account, is sufficient to pay all principal and • • interest to become due on the Prior Bonds on December 1, 1984). Any surplus in the 1982 Debt Service Account in excess of such requirements is hereby pledged and shall be credited to the Debt Service Account hereinafter provided for; and, upon determination of such surplus all uncollected tax increments, special assessments and taxes, if any, payable to the 1982 Debt Service Account are hereby pledged and shall thereafter also be credited to the Debt Service Account established herein. 17. There is hereby created a special fund to be designated "General Obligation Tax Increment Bonds of 1984 Fund" (the "Fund") to be held and administered by the Treasurer separate and apart from all other funds of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and any general obligation tax increment bonds hereinafter issued and made payable from the Fund and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts, to be designated the "Construction Account" and the "Debt Service Account", respectively. The proceeds of the sale of the Bonds, less (a) any accrued interest received thereon, (b) any amount paid for the Bonds in excess of $1,054,000, (c) capitalized interest in the amount of $ 105,093.75 (subject to such adjustments as are appropriate to provide sufficient funds to pay interest due on the bonds on or before 3 / 1 / 1986 ) , and ( d) $~+~ ~q to be • credited to the 1982 Debt Service Account, shall be credited to the Construction Account, from which there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the Bond proceeds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of tax increments. There is hereby pledged and there shall be credited to the Debt Service Account (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $1,054,000; (c) capitalized interest in the amount of $ 105.093.75 (subject to such adjustments as are appropriate to provide sufficient funds to pay interest. due on the Bonds on or before 3/ 1/ 1986 ) ; ( d ) tax increments derived froze the economic development district established pursuant to the Plan as a tax increment financing district (the "Tax Increment Financing District") in an amount sufficient, together with the other sums herein pledged to the payment of the Bonds (excluding (e) hereof), to pay 105$ of the principal and interest on the Bonds when due; (e) any collections of all taxes which may hereafter be levied in the event that the sums • • herein pledged to the Debt Service Account are insufficient for the payment of the principal and interest on the Bonds, (f) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, (g) all funds remaining in or payable to the 1982 Debt Service Account (including special assessments) after provision for payment of all principal and interest due on the Prior Bonds and (h) all investment earnings on funds held in the Debt Service Account. The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds issued hereunder and any other general obligation tax increment bonds of the City hereafter issued by the City and made payable from said account as provided by law. Any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. 18. The City has heretofore levied special • assessments pursuant to resolution which assessments were pledged to the payment of the principal and interest on the Prior Bonds and are now pledged to the payment of principal and interest on the Bonds herein authorized. Said assessments were levied •in the years 1982 to 1991 The balance of said special assessments levied in 183 and collectible in 1984 and all assessments collectible thereafter including any delinquent assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such asssessments at the rate shown opposite such years. Improvement Designation Amount Rate Levy Years Gortner/Larpenteur/Prior 155,730 10% 1982-1991 • • 19. The County Auditor of Ramsey County has certified the original assessed value (as defined in Minnesota Statutes, Section 273.73, Subdivision 7) of property in the Tax Increment Financing District is $159,208. The County Auditor shall determine in each year if the then current assessed value of property in the Tax Increment Financing District exceeds the original assessed value, and shall calculate, in the manner provided in Minnesota Statutes, Section 273.76, Subdivision 3, the captured assesed value (as defined therein) attributable to the Tax Increment Financing District. The City hereby determines to retain 100$ of the captured assessed value for purposes of tax increment financing. The County Auditor shall, in each such year, compute the mill rates to be extended against the captured assessed value in the manner provided in Minnesota Statutes, Section 273.76, Subdivision 3, and the tax generated thereby shall constitute the tax increment revenue for the year in which it is received. The County Treasurer will remit to the City the tax increment revenue so received until the cost of the Project, including principal of the interest on the Bonds, has been paid and the City has been fully reimbursed for any principal of and interest on the Bonds which have been paid from any taxes levied. 20. On or before October 10 of each year, the Clerk-Administrator shall certify to the County Auditor of . Ramsey County the amount of tax increments and any other sums appropriated to and then held in the Debt Service Account and the estimated collections of tax increments and special assessments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of tax increments and special assessments to pay the principal and interest on the Bonds to become due during said period. The tax increments are such that if collected in full they, together with the uncollected special assessments heretofore pledged to the payment of the Prior Bonds and now pledged to the payment of the Bonds and estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. • For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. The General Obligation Temporary Improvement Bonds of 1982, dated October 16, 1982, refunded hereunder which mature on June 1, 1985 shall be redeemed and prepaid on December June 1, 1984, in accordance with the terms and conditions set forth in the Notice of Call attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. The Clerk-Administrator is hereby directed to publish the Notice of Call in Commercial West prior to December 1, 1984 and to notify the paying agent of the Prior Bonds of such redemption. 22. The Clerk-Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other • information as he shall require, and to obtain from the Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register. 23, The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. r~ U • The motion for the adoption of the foregoing resolution was duly seconded by member ClPrnid and upon vote being taken thereon, the following voted in favor thereof: Chestovich, Ciernia, Hard, Baldwin and Eggert and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. • STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF FALCON HEIGHTS I, the undersigned, being the duly qualified and acting Clerk-Administrator of the City of Falcon Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to opening and considering bids for, and awarding the sale of $1,075,000 • General Obligation Tax Increment Bonds of 1984 of said City. WITNESS my hand and the seal of said City this ~~ day of ~ ~ 1984. z Clerk-Administrator (SEAL) • • EXHIBIT A NOTICE OF CALL FOR REDEMPTION $675,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1982 CITY OF FALCON HEIGHTS RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Falcon Heights, Ramsey County, Minnesota, there have been called for redemption, and prepayment on December 1, 1984 outstanding bonds of the City designated as General Obligation Temporary Improvement Bonds of 1982, dated October 16, 1982, bearing serial numbers 1 through 135, having a stated maturity • date of June 1, 1985, and totalling $675,000 in principal amount. The bonds are being called at a price of par plus accrued interest to December 1, 1984, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, with December 1, 1984 and subsequently maturing interest coupons attached, at The First National Bank of Saint Paul, in St. Paul, Minnesota on December 1, 1984. Dated April 25, 1984 BY ORDER OF THE CITY COUNCIL /s/ Dewan B. Barnes City Clerk-Administrator Additional information may be obtained from: EHLERS AND ASSOCIATES, INC. 507 Marquette Avenue First National - SOO Line Concourse Minneapolis, Minnesota 55402 (612) 339-8291