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HomeMy WebLinkAboutResolution 09-EDA-255MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF NIINNESOTA RESOLUTION 09-EDA-255 AUTHORIZING THE REDEMPTION AND PREPAYMENT OF THE AUTHORITY'S TAXABLE TAX INCREMENT REVENUE BONDS, SERIES 2001 BE IT RESOLVED by the Board of Commissioners of the Mounds View Economic Development Authority (the "Authority") that: Section 1. Authorization and Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.090 through 469.108, the Authority previously issued and sold its Taxable Tax Increment Revenue Bonds, Series 2001 (the "Bond"), dated October 1, 2001, in the original aggregate principal amount of $815,000, of which $394,000 in principal amount is currently outstanding. The Bond maturing on February 1, 2013, is subject to call for prior redemption on February 1, 2010, or on any February 1 or August 1 (each an "Interest Payment Date") thereafter at a price of par, plus accrued interest to the date of redemption. The Bond was issued under an Indenture of Trust, dated October 1, 2001 (the "Indenture"), between the Authority and U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), Saint Paul, Minnesota, as trustee (the "Trustee"). 1.02. The Bond matures on February 1, 2013, with principal and interest due in semiannual installments on February 1 and August 1. 1.03. On February 1, 2010 (the "Redemption Date"), the Authority proposes to redeem and prepay the outstanding principal amount of the Bond in the amount of $345,000, plus accrued interest to the Redemption Date. Section 2. Findings. It is in the best interests of the Authority that the Authority redeem and prepay the outstanding Bond, in whole, upon the terms set forth in the Indenture. Section 3. Approval of Redemption. 3.01. The Authority hereby authorizes the redemption and prepayment of the Bond, in whole, upon the terms set forth in the Indenture and this Resolution, and under such terms, conditions, and requirements approved by the Executive Director of the Authority. 3.02. The Trustee is authorized and directed to send a copy of the Notice of Redemption to each registered owner of the Bond. 3.03. The President and the Executive Director of the Authority or their designees are hereby authorized and directed to execute all notices and other documents required as a condition to the redemption and prepayment of the Bond, as prescribed herein and in the Indenture, and to deliver them to the Trustee, together with a certified copy of this Resolution, any other documents required in the Indenture, and such other certificates, documents, and instruments as may be appropriate to effect the transactions herein contemplated. 3.04. The approval hereby given includes an approval of modifications thereto, deletions therefrom, and additions thereto as may be necessary and appropriate and approved by Kennedy & Graven, Chartered, as Bond Counsel, and the Executive Director prior to the execution of the documents. The execution of an instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of the President, any of the documents authorized by this resolution to be executed may be executed by another member of the Board of Commissioners of the Authority, and in the absence or disability of the Executive Director by such officer of the Authority who, in the opinion of Kennedy & Graven, Chartered, as Bond Counsel, may execute such documents. Section 4. Authentication of Proceedings. 4.01. The President, Executive Director and other officers of the Authority are authorized and directed to furnish to the Trustee and Kennedy & Graven, Chartered, as Bond Counsel, certified copies of all proceedings and records of the Authority relating to the redemption and prepayment of the Bond, and such other affidavits and certificates as may be required to show the facts relating to such redemption and prepayment as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 4.02. This Resolution shall be in full force and effect from and after its passage. Adopted by the Board of Commissioners of the Mounds View Economic Development Authority this 14th day of December, 2009. MOUNDS VIEW ECONOMIC DEVE OPMENT AUTHORITY esident Attest: Executive Director MU205-42 ($ W.l) 360473v1 NOTICE OF CALL FOR REDEMPTION $815,000 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE BONDS SERIES 2001 NOTICE IS HEREBY GIVEN that, by order of the Board of Commissioners of the Mounds View Economic Development Authority, Mounds View, Minnesota (the "Authority"), there have been called for redemption and prepayment on February 1, 2010 all outstanding bonds of the Authority designated as Taxable Tax Increment Revenue Bonds, Series 2001, dated October 1, 2001, with a stated maturity date and principal amount as set forth below: Year Amount 2013 $345,000 The bonds are being called at a price of par plus accrued interest to February 1, 2010, 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 at the main office of U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), in the City of Saint Paul, Minnesota, on or before February 1, 2010. If by mail; U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If b~hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: l'am' j ~, 200 ~' BY ORDER OF THE BOARD OF COMMISSIONERS By /s/ Jim Ericson Executive Director, Mounds View Economic Development Authority MU205-42 (BWJ) 360474v1