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EXTRACT OF MINUTES OF A MEETING OF
THE CITY COUNCIL OF THE
CITY OF MOUNDS VIEW, MINNESOTA
Pursuant to due call and notice thereof, a regular or
special meeting of the City Council of the City of Mounds View,
Minnesota, was duly held in the Mounds View City Hall on the 22nd
day of April, 1991, commencing at 7:00 o'clock P.M., C.T.
The following Councilmembers were present: Phyllis
Blanchard, Gary Quick, Pat Rickaby, Diane Wuori and Mayor Jerome
Linke
and the following were absent: None
Councilmember Quick introduced the
following resolution, the reading of which was waived by
unanimous consent of the Council, and moved its adoption:
RESOLUTION NO. 4069
RESOLUTION RELATING TO THE ISSUANCE OF CERTAIN
GENERAL OBLIGATION BONDS
FOR FIRE PROTECTION PURPOSES AND
LEVYING TAXES FOR THE CITY'S SHARE THEREOF
BE IT RESOLVED by the Cites Council (the "Council") of
the City of Mounds View, Minnesota (the "City"), as follows:
1. Recitals.
(a) The Cities of Mounds View, Blaine, and Spring Lake.
Park (collectively, the "Cities") jointly cooperate in
meeting their municipal fire protection needs and have for
that purpose entered into various contracts with the Spring
Lake Park Fire Department, Inc., a Minnesota non-profit
corporation.'
(b) The Cities entered into a certain Joint Powers
Agreement for the Provision of Fire Protection Services,
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dated December 11, 1990 (the "Joint Powers Agreement"),
providing in part for the issuance by the City of Blaine (on
behalf of all the Cities) of its bonds in an amount not to
exceed $4,450,000 {the "Bonds") for the purpose of defraying
the expense of the acquisition, construction, furnishing,
and betterment of land, buildings, and equipment for
municipal fire protection and firefighting purposes.
(c) Pursuant to Section III(G) of the Joint Powers
Agreement, each City's share of the debt service on the
Bonds is from year to year equal to that City's percentage
for that year derived from a certain formula (the "Formula")
multiplied by the total amount of debt service due on the
Bonds in the applicable year.
(d) The City's Formula share applicable for 1992 (the
year in which first payment of debt service on the Bonds
occurs) is 22.75$. Accordingly, the City's share of the
principal amount of the Bonds (which share is hereinafter
referred to as the "City's Bonds") is initially $1,012,375.
(e) At the general municipal election held in the City
on November 6, 1990, the electorate of the City gave its
approval by a vote of 3,198 in favor to 1,317 opposed to the
following question, which was duly presented to the
electorate for its consideration:
• "Shall the City of Mounds View,
Minnesota, be authorized to issue
its general obligation bonds in an
amount not to exceed $945,000 to
defray the expense of the
acquisition, construction,
furnishing, and betterment of land,
buildings and equipment for
municipal fire protection and fire-
fighting purposes?"
(f) In the interests of efficiency, and as provided in
the Joint Powers Agreement, the City of Blaine is to be the
issuer of the Bonds, and the Council has been advised that
on April 18, 1991, the Blaine City Council adopted a
resolution awarding the public sale and setting the terms of
the Bonds. Pursuant to that resolution, the Bonds will be
dated as of May 1, 1991, will mature on February 1 in the
years and amounts, and will bear per annum interest,
respectively, as follows:
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• Maturity Year Amount Interest Rate
1994 $ 125,000 7.875
1995 135,000 7.875
1996 140,000 7.875
1997 150,000 7.875
1998 165,000 7.875
1999 175,000 7.875
2000 185,000 ?.875
2001 195,000 7.875
2002 210,000 7.875
2003 220,000 6.70
2004 235,000 6.60
2005 250,000 6.70
2006 265,.000 6.80
2007 280,000 6.80
2008 300,000 6.80
2009 320,000 6.375
2010 345,000 6.375
2011 365,000 6.375
2012 390,000 6.375
$4,450,000
2. Purp ose and Ratification. The purpose of this
Resolution is in part to provide for the security for and payment
of the City's Bonds pursuant to Minnesota Statutes, Section
475.61, to the same extent and with the s ame effect as though the
. City had issued the City's Bonds. The Council hereby ratifies
and approves the issuance of the Bonds by the City of Blaine for
the benefit of the Cities and the Council further reaffirms and
ratifies the C ity's obligation to contribute its share of the
debt service on those Bonds from year to year.
3. Small Issuer; Rebate. For purposes of qualifying for
the small issuer exception to the federal arbitrage rebate
requirements provided in Section 148(f)(4)(D) of the Internal
Revenue Code of 1986, as amended (the "Code"), the City hereby
finds, determines and declares that (1) the City is, and the
Bonds are issued by, a governmental unit with general taxing
powers, (2) no Bond is a private activity bond, (3) 95$ or more
of the net proceeds of the City's Bonds are to be used for local
governmental activities of the City (or of a governmental unit
the jurisdiction of which is entirely within the jurisdiction of
the City), and (4) the sum of the $1,012,375 of the City's Bonds
plus the aggregate face amount of all other tax-exempt
obligations (other than private activity bonds) issued by the
City (and all entities subordinate to, or treated as one issuer
with, .the. City) during the 1991 calendar year is not reasonably
expected to exceed $5,000,000, all within the meaning of Section
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148(f)(4)(D) of the Code. For purposes of the foregoing, the
City is treating the City's Bonds as a loan made by the City of
Blaine to the City within the meaning of Section 148(f)(4)(D)-
(ii)(II) of the Code.
4. Designation of Qualified Tax-Exempt Obligations. In
order to qualify the Bonds as "qualified tax-exempt obligations"
within the meaning of Section 265(b)(3) of the Code, the City
hereby makes the following factual statements and
representations:
(a) the City's Bonds are issued after August 7, 1986;
(b) the City's Bonds are not "private activity bonds"
as defined in Section 141 of the Code;
(c) the City hereby designates the City's Bonds as
"qualified tax-exempt obligations" for purposes of Section
265(b) (3) of the Code;
(d) the sum of the $1,012,375 of the City's Bonds plus
the reasonably anticipated amount of all other tax-exempt
obligations (other than private activity bonds, treating
qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities
subordinate to, or treated as one issuer with, the City)
• during calendar year 1991 will not exceed $10,000,000;
(e) the sum of the $1,012,375 of the City's Bonds plus
the aggregate principal amount of all other obligations
issued or to be issued by the City during calendar year 1991
which have been designated or which are anticipated to be
eligible for designation for purposes of Section 265(b)(3)
of the Code does not and is not reasonably expected to
exceed $10,000,000; and
(f) pursuant to Section 265(b)(3)(C)(iii) of the Code,
the City states that it is receiving the benefits from the
issuance of the $1,012,375 of the City's. Bonds and the City
hereby irrevocably agrees with the City of Blaine to the
allocation of said amount to the City for purposes of
Section 265(b)(3) of the Code and further agrees and finds
that said allocation bears a reasonable relationship to the
respective benefits received.
5. Tax Levies. To provide moneys for payment of the
principal of and interest on the City's Bonds, and for the
benefit of the owners from time to time of the City's Bonds and
for the benefit of the City of Blaine in respect of its payment
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. obligations as the issuer thereof, there is hereby levied upon
all of the taxable property in the City a direct annual ad
valorem tax which shall be spread upon the tax rolls and
collected with and as part of other general property taxes in the
City for the years and in the amounts as follows:
Year of Tax Year of Tax
Levy Collection
Amount
1991 1992 $ 130,231
1992 1993 104,277
1993 1994 104,315
1994 1995 102,970
1995 1996 102,725
1996 1997 103,486
.1997 1998 102,771
1998 1999 101,868
1999 2000 100,776
2000 2001 100,691
2001 2002 99,130
2002 2003 99,192
2003 2004 99,070
2004 2005 98,652
2005 2006 97,931
2006 2007 98,160
2007 2008 98,064
2008 2009 99,163
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2009 2010 98,687
2010 2011 99,100
The tax levies shall be irrepealable so long as any of
the City's Bonds are outstanding and unpaid, provided that the
City reserves the right and power to reduce the levies in the
manner and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3, and to reduce or increase the levies in
response to changes from year to year in the City's Formula share
of the debt service on the Bonds.
It is hereby found and determined that the revenues
provided herein for the payment of the City's Bonds will be
available in amounts sufficient to produce at least five percent
(5$) in excess of the amount needed to meet, when due, the
principal and interest payments on the City's Bonds.
For the prompt and full payment of the principal and
interest on the City's Bonds, as the same respectively become
due, the full faith and credit and taxing powers of the City
shall be and are hereby irrevocably pledged.
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The provisions of this Resolution are made expressly
• for the benefit of the owners from time to time of the City's
Bonds and for the benefit of the City of Blaine in respect of its
obligation as issuer thereof to make timely and full payment of
the debt service thereon. The City irrevocably pledges to use
such amounts of the foregoing levies and, in the event of any
insufficiency thereof, such other available funds of the City as
may be necessary to provide for the timely and full payment of
the debt service on the City's Bonds.
The City Clerk-Administrator is directed to file a certified
copy of this Resolution with the Director of Property Taxation of
Ramsey County and to obtain the certificate of said official
required by Minnesota Statutes, Section 475.63.
Adopted this 22nd day of April, 1991, by the Mounds
View City Council.
The motion for the adoption of the foregoing. Resolution was
duly seconded by Councilmember Rickaby and, after full
discussion thereof and upon a vot ~ ng taken thereon, the
following Councilmembers voted in favor thereof: Blanchard,
Quick, Rickaby, Wuori and Mayor Linke
and the following voted against the same: None
•
Whereupon said Resolution was declared duly passed and
adopted.
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City Clerk-Administrator's Certificate
I, the undersigned, being the duly qualified and acting City
Clerk-Administrator of the City of Mounds View, Minnesota, DO
HEREBY CERTIFY that I have carefully compared the attached and
foregoing extract of minutes with the original minutes of a
meeting of the City Council duly called and held on the date
therein indicated, which are on file and of record in my office,
and the same is a full, true and correct transcript therefrom
insofar as the same relates to the City's share of debt service
on, and other matters relating to, bonds issued to defray the
expense of certain municipal fire protection facilities.
WITNESS my hand as such City Clerk-Administrator and the
• official seal of the City this `day of ~ , 1991.
City Clerk-Ad inistra r
(SEAL)
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