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HomeMy WebLinkAboutResolution No. 2002-062 Sale of taxable General Obligation Tax Increment Bonds -- Series 2002RESOLUTION RESOLUTION AUT#O AWARDING SALE, PRESCRIBI14G PROVIDING FORI TI GENERAL OBLIGATION TAX INC BE IT RESOLVED by the Ci "Issuer"), as follows: Section 1. Authorization and 1.01. Authorization. This Counc the best interests of the Issuer to issue and sell Series 2002 in the principal amount of up to $1 Statutes, Section 469.178, to reimburse the costs respect to hazardous substances and pollutants) or Issuer or the Housing and Redevelopment Au connection with the redevelopment project be. Grandview Area Redevelopment Plan of the HR issued to finance such costs. 1.02. Sale. The Bonds will be time to time from surplus funds on hand it Increment Financing District of the HRA (th purposes of the Fund prior to the maturity of t� an asset of the Fund. Section 2. 2002-62 City of Wing SING ISSUANCE, :E FORM AND DETAILS AND PAYMENT OF ;MENT BONDS, SERIES 2002 of the City of Edina, Minnesota (the hereby determines that it is necessary and in s General Obligation Tax Increment Bonds, )0,000 (the "Bonds") pursuant to Minnesota certain removal and remediation actions with rntaminants or petroleum releases paid by the :)rity of Edina, Minnesota (the "HRA") in undertaken by the HRA pursuant to the and to refund outstanding bonds of the City lased by the HRA from advances made from project fund for the 50th and France Tax id") which are not presently needed for the ids. After issuance the Bonds will be held as idn; Execution and Deli 2.01. Issuance of Bonds. All act the Constitution and laws of the State of Minne performed precedent to and in the valid issuance having happened and having been performed, establish the form and terms of the Bonds, to pr forthwith. 2.02. Maturity Date; Interest R, shall be originally dated as of the date of origin, $5,000 each, or any integral multiple thereof, 01 2012, and shall bear interest from date of issue annual rate of 3.00% on the amounts from time t, issuable only in fully registered form and only to , conditions and things which are required by ota to be done, to exist, to happen and to be :)f the Bonds having been done, now existing, t is now necessary for the City Council to wide security therefor and to issue the Bonds e; Denominations and Payment. The Bonds issue thereof, shall be in the denomination of single maturities, shall mature on February 1, mtil paid or duly called for redemption at the time advanced thereunder, The Bonds shall be he HRA. The Bonds may not be transferred by City Hall 1 (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 the HRA to any other owner. The principal of transfer of funds from the Bond Fund created it 2.03. Interest Payment Dates. August 1 and February 1, commencing Febru, to the HRA as the registered owner of the Bon 2.04. Redemption. The Bonds the option of the Issuer, in whole or in part, an price equal to the principal amount thereof ar formal notice of redemption need be given. Up Bonds will be delivered to the HRA renresentij 2.05. Appointment of Pali Director of the City of Edina as the paying 2.06. Execution, Authenticatic under the direction of the Finance Director ani manual signatures of the Mayor and the City N appear on the Bonds shall cease to be such signature shall nevertheless be valid and suffic remained in office until delivery. When the Finance Director shall deliver the Bonds to the 2.07. Form of Bonds. The in substantially the following form: Lnd the interest on the Bondsall be payable by Section 3.02 hereof to the H Interest on the Bonds shall b� payable on each r 1, 2003, and on the maturity (date of the Bonds, be subject to redemption end prepayment at part in multiples of $5,000, on any date at a rued interest to the date of redemption. No rtial redemption of any B d, a new Bond or remaining principal amo t outstanding. t. The Issuer hereby ap oints the Finance the Bonds (the Paying Ag no. d De 've . The Bonds shall be prepared .1 be executed on behalf o(f the Issuer by the er. In case any officer wh se signature shall ;er before the delivery o 7 any Bond, such or all purposes, the same s if he or she had ids have been prepared d executed, the upon payment of the purr ase thereof. [all be prepared as a single typewritten bond UNITED STATS F AMERICA STATE OF VIINNESOTA COUNTY C F H NNEPIN CITY C F EDINA GENERAL OBLIGATION TAX I NCIEMENT BOND, SERIES 2002 Interest Maturity Date of Rate Date Original Issue i CUSIP 3.00% February 1, 2012 REGISTERED OWNER: HOUSING EDINA PRINCIPAL AMOUNT: THE CITY OF EDINA, C "Issuer"), acknowledges itself to be indebted. named above the principal sum specified ab( hereunder on the maturity date specified ab( amount at the annual rate specified above, p. commencing February 1, 2003, and on the owner, subject to the provisions referred to he 2 N/A AJJTHORITY OF 'Y OF HENNEPIN, MINNESOTA (the reby promises to pay to the registered owner such amount thereof as Has been advanced ith interest thereon on the unpaid principal on August 1 and Februaty 1 of each year, ity date specified above to said registered ith respect to the redemption of the principal of this Bond before maturity. For the prompt the same respectively become due, the full fai been and are hereby irrevocably pledged. This Bond is one of an issi $1,400,000 issued pursuant to a resolution ac "Resolution") to provide funds to reimburse th with respect to hazardous substances and poll by the Issuer or the Housing and Redevelopm( connection with the redevelopment project Grandview Area Redevelopment Plan of the ] issued to finance such costs and is issued purse and laws of the State of Minnesota thereunto 469 and 475. 11 payment of such princ�pal and interest as credit and taxing powers of the Issuer have in the aggregate principal ;;amount of up to to by the City Council on duly 16, 2002 (the o s of certain removal and mediation actions nt or containments or petroleum releases paid Ai tthority of Edina, Minnesoa (the "HRA"), in in undertaken by the HR pursuant to the A, and to refund outstan ingl bonds of the City t to and in full conformity with the Constitution ab ing, including Minnesota 'Statutes, Chapters This Bond is subject to redernn a whole or in part, and if in part in multiplesof $ principal amount thereof plus interest accrued to t] redemption shall be required. Upon partial der executed and registered in the name of the r gist remaining principal amount outstanding. IT IS HEREBY CERTIFIED, Cl' all acts, conditions and things required by the onst be done, to exist, to happen and to be performe pr( in order to make it a valid and binding gener 1 ob. terms, have been done, do exist, have happened and Issuer has established its General Obligation T x In has appropriated thereto ad valorem tax increm nts Increment Financing District (Hennepin Coun y N payment of the principal of and interest on th Bo credit and taxing powers for the payment of th prir and if the Bond and the interest thereon are no pai levy upon all taxable property within its corpor to li an ad valorem tax in an amount sufficient to pa suc of this Bond, together with all other indebtednes of on the date of its actual issuance and delivery, oe; exceed any constitutional or statutory limitation f it IN WITNESS WHEREOF, the its City Council, has caused this Bond to be exi and City Manager and ha,$'ca this Bond to above. �� d prepayment at the opti�n of the Issuer, in ,000, on any date, atarice equal to the date of redemption. N� formal notice of ption of this Bond, a n w Bond will be :red owner named above representing the 'ED, COVENANTEDAGREED that tution and laws of the S+tae of Minnesota to iiminary to and in the iss�ance of this Bond igation of the Issuer in a cordance with its lave been performed as sci required; that the ;rement Bonds, Series 2092 Bond Fund and o be derived from the Gr4ndview Area Tax ). 1202) of the HRA to Pe applied to the id; the Issuer has pledg its full faith and -ipal of and interest on th Bond when due, I in full when due, the Is , er is required to nits, without limitation as to rate or amount, principal and interest; an4 that the issuance he Issuer outstanding on the date hereof and not cause the indebtedne4s of the Issuer to Jebtedness. )f Edina, Hennepin Coun , Minnesota, by on its behalf by the signa res of the Mayor ted as of the Date of Original Issue set forth EDINA, MINNESOTA Section 3. Security Provisions. 3.01. Use of Proceeds. Proce ds portion of the Issuer's Taxable (General Oblig ion amount not applied for such purpose shall be sed by them for the purpose described in Section 1.0 from any bonds of the Issuer or'HRA. 3.02. General Obligation Tax as any of the Bonds are outstanding and any Director shall maintain a separate debt sery Issuer to be known as the General Obligation Bond Fund), and the principal of and interest The Issuer irrevocably appropriates to the Boi (a) ad valorem tax increments to be received from the HRA; and (b) the ad valorem taxes The moneys on hand in the Bond Fund fr principal of and interest on the Bonds. Pursuant to Minnesota Statuti entered into a pledge agreement with the HR increments generated by the Grandview A County No. 1202) of the HRA tax incremen the Issuer to the Bond Fund, to pay when Payments received by the Issuer pursuant to tl 3.03. Pledge of Taxis of and interest on the Bonds as such unlimited taxing powers of the Issuer shall I determined that the funds appropriated to the produce amounts not less than five percent the principal and interest payments on the B( to be levied at this time. Nevertheless, if the to pay all interest and principal then due on made from any fund of the Issuer which is from the Bond Fund when the balance there agrees that it will each year levy a sufficia accumulated or anticipated deficiency, whicr limitation. Section 4. 4.01. Registration of Bonds. file a certified copy of this resolution with t certificate that the Bonds have been duly en1 om the Bonds shall be applied to redeem a 'ax Increment Bonds, S es 2000B, and any reimburse the Issuer orfor costs paid which have not been pre iously reimbursed i gent Bonds, Series 2002 Wnd Fund. So long )al of or interest thereon paid, the Finance id on the official books and records of the icrement Bonds, Series 2Q02 Bond Fund (the Bonds shall be payable fipm the Bond Fund. d: )ed in the last paragraph �f this Section 3.02 L 3.03 hereof. .me to time shall be use solely to pay the ction 469.178, subdivisi 2, the Issuer has ;reby the HRA will pay t the Issuer from tax ax Increment Financing District (Hennepin 'ficient, with any other fids appropriated by the principal of and int rest on the Bonds. eement will be deposited f nto the Bond Fund. F r the prompt and full payment of the principal reE pectively become due, the !full faith, credit and an I are hereby irrevocably pledged. It is hereby �o d Fund as set forth in Section 3.02 hereof will ex ess of the amounts needed to meet when due Is, and therefore no ad valorgn taxes are required lai ice in the Bond Fund is at Oy time insufficient L Bonds payable therefrom,e payment shall be ,il ble for that purpose, subj t to reimbursement is sufficient, and the City C�uncil covenants and an ount of ad valorem taxes to take care of any v is not subject to any constitutional or statutory City Clerk is hereby authcirized and directed to unty Auditor of Hennepin County and obtain a ipon the Auditor's bond register. 4.02. Authentication of Trans, Auditor are hereby authorized and directed to Whitney LLP, Bond Counsel, certified copie Bonds and such other affidavits, certificates facts relating to the legality and marketability and records in their custody and control or a; copies, affidavits and certificates, includin representations of the Issuer as to the correctne Adopted this 16th day of July, 21 ATTEST: & LLA NJAWf City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) I, the undersigned duly appointed and act certify that the attached and foregoing Re Council at its Regular Meeting of July 16, Regular Meeting. WITNESS my hand and seal of said City N The officers of the Issuer and the County ire and furnish to the HRA and to Dorsey & all proceedings and records relating to the nformation as may be required to show the e Bonds, as the same app$ar from the books rwise known to them, and all such certified y heretofore furnished, [shall be deemed all statements contained therein. ty Clerk for the City of Edina do hereby m was duly adopted b� the Edina City and as recorded in the Minutes of said i _ day of + , 20 City Clerk