HomeMy WebLinkAbout85-022! t
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F EXTRACT OF MINUTES OF A MEETING OF THE _.
f CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA
HELD: SEPTEMBER 16, 1985
I �
Pursuant to due call and notice thereof, a regular meeting
of the City Council of the City of Prior Lake, Scott County,
Minnesota, was duly called and held at the City Hall in said
1 City an the 16th day of September, 1985, at 700 P.M. for the
purpose of authorising the issuance of and awarding the sale of
$150,000 General obligation Tax Increment Dodds of-1985 of the.
The following memb4'rs were presents Mayor Gary Johnson, Council
weft � Oenald Busse, Carol Scott and Keith Thorkol son
am the following were absent, Council wwhae-- Ted Schweich
Member Don ben introduced the following
reeelutian•aM moved is a ion:
i I RiSO --jLON 55-22
WSOLUTION PROVIDING POR THs
h• ISSUANCZ AND 8AL8 OF
$150.000 GNIIRML OBLIGATION TAX INCROU NT
SONDS O/ 1985'' AND PLZDGING FOR THIN SOCURITY
TMBRNOF TAX 10CROMSNTB
IMN1�JIi � '
,. A. The City Council has heretofore determinid that
St to Necessary and expedient to issue $ISO,000 General
0ol 9atien Tait inaresent 301108 of 1985, pursuant` !o HLMOroti
fftutootChapter• 273, 472A and 475 to finance certain capital
a d +' Inirtration coats within Municipal Development District
1 (the "District ") (the "Project ") in the City as Not forth
i
the teas increment financing plan adopted Mrasdr 1, 1905, (this
"PIaN") a0optod for Tax Increment Financing District No. 1 -1
Disesictx and by' a City withiA the
tttis "Tae increment District ") created th
n
��.
L 11
B. No other obligations have been sold pursuant "to a
-� private sale withinAthe last three (3) calendar months of the
' date hereof which when, combined with this issue would exceed
the $300,000 limitation on negotiated sales as reqquired by
Minnesota Statutes, Se 475.60, Subdivision 2(2).
NOM THEREFORE e ft IT RESOLVED the Council of the Cit
of Prior Lake, Min nesoota, as follows
1. The offi`r of (the
"Purchaser ") to purchise $150 General obligation T ax , . C
Increment Bonds of 1985 of the City (hereinafter referred to as {
the "Ponds" or individ as "Bond "). in accordance with the }
terms and at the ratssPof interest hereinafter` set forth, and
to pay therefor the sure of ;147060.00 plus interest accrued to
settlement is hereby acceptod.
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date Of oriinal•isoue it a
dshal l
betP_ o .ued"lorthvith as fully
r gistered bonds. The Bonds shall be numbered "'fr R -1 upward -
in the denomination of $5,000 each or in any,intsgral wultiple
thereof. The Bonds shall mature on December 1 in,the years and
amounts as follows .
1987 -1988 $ 5 1 000
0
1993 -1996 $15,000 `` kY
1997 -1998 I, $20,00 E
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3. The Bonds sal rovide funds to fi
' � nonce the
Project. Pursuant to the Plan, tax increments :_ds Lved tram the
Tax In District he e been'pledged to tho payment of the {
any is ' to wp
coletM,,
fy me expand the Project. it is not that any
not proceeds from the Pro will b available for the payment
otal cost of the P' ject,
which shall aumsr The
include all costs e'ted in Minnesota statutes,
t
section 475.65,
is estimt 6d to be A least pal to the , amount
lot the. proceed due�diligsnasltod the Pro cowpletion, cot shall
� j �
1 { The Bonds sh i it bdar'interest payable ieist-
J une I ,, 1906 , at the sspeclIUvo rates per a seat forth
J
n9 ,
Ito the maturit
pPo!� Y year as follows:
2 } �
C:'
Maturity Years
I nterest Rates
1987 7.25%
1988 7.25
s d 1989 7.50
1990, 7.75 r
1991 8.00
1992; 8.25'
1993' 8.50
r ; , 1994 8.75
1995 8.75
1996 9.00
1997 9.00
1998 9.00
S. All Bonds of this issue maturing in the years
1995 to 1998, both inclusive, shall be subject to redemption
and- 'prepayment at the option of the City on, December 1, 1994
and on any interest payment data thereafter at par and accrued
interest Red ti be i I
• emp on may n Whole or in part of the Bonds
subject to prepayment. I! redemption is in ppaart, those Bonds;
remaining unpaid which have the latest maturity date shall be
prepaid firsts and if only part of the Bonds having a c
maturity date are called for prepayment, the specilic Bonds to
be prepaid shall be chosen by lot by the Bond Registrar.
Published notice of r shall in each cams be given in
accordance with law, and wailed 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 foie' each $5,000 of the principal
amount of such Bond. The Bond Registrar shall . than select by
lot, using suoh method of selection sa shall dnew proper in
'its discretion, numbers so assigned to such Bondi, 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
selectedf 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 ntaber
,,, assigned to it and to selected. I! a Bond is to be redeemed
onl y in p
apart, it shall be surrendered to the Bond Registrar
(with, City or the Bond Registrar so requires, a written
instrument of transfer in form sati'sfhetory to the City and the
Bond Registrar duly executed by the holder. or his
attorney „duly authorised in writing) the City shall eicecute
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and the Bond Registrar shall authenticate and deliver to the
holder of such Bond, without service charge, a new Bondi
Bonds of the same series having the same stated maturity and
interest rats and of any authorized denomination or
denominations, as re uested
q by such holder, in aggregate
principal amount equal,to and in exchange for the unredeemed
portion,of the principal the Bond so surrendered.
6• First Trust ConnanX. Inc. , in
Si. Paul - - , Minnesota s appo ntea to act as bo registrar,
rr` ana transfer avant (the "Bond Registrar ") and shall do so
unless and until a successor bond Registrar is duly appointed,
- all pursuant to any contract ihs City and Bond Registrar shall'
*cute which is consistent herewith. The bond Aegist ar shall
also is serve as pay q n ':aq .n t Principal
unleess and ,until a su6csreor p'ayLn9
a
shall i s Auld to the and in on the.sonds
registered holders (or record holder) of
the 00040 iii,thi manner set forth in the form of 0ond and
pare'lZ "Of this resolution,
7 • fte : fie to be issued hereunder, together with
the Dab lNgi tram's' Certificate of Authentication, the fo= of
Assigersnt and the registration information thereon" shall bes in
substawtaily the following form: •
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UNITED STATES OF AIMERICA
A
STATE OF MINNESOTA ;
_
SCOTT COUNTY
CITY OF PRIOR LAKE
a
R- S
'
GENERAL OBLIGATION TAX INCREMENT
BOND Or 1985
•
INTRREST MATURITY DATE OF
RATR DAT ORIGINAL `ISiUE
October 1,,
,
R80ISWRlD O1 R:
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PRINCIPAL AMOUNT:
thCiE of
KNDN ALL-\ ItRdONS
Pri or Lake, Scott Co "Issuer*), rtilies
eta (the
tha receiv to
sd awnsr spec
sg � , In
ified above orepgi red a•iirw,
the wanner hereinafter sat forth, the rinoi 1 amount'
spabiS:itd atone, „on the maturity data specilisd above, unless
Q
called for earlier redemption, and to pa �vltsrest' therem
semiiiimually on June 1 and December i o!e eaoh year (each. an
"intsrest Payment Data") commencing June 1, 1986 at the rate
per annum specified above, (calculated on the basis of e
3i0-da�/ year of twelve 30-day worths) until the principal anw
is' 0811 or has been provided for. ?his fond will bear interest
Data to �1
mos recent Interest.
t laywan� which interest
w
a be" d or, if no interest .has bean paid, lscw "the ..eat•
O fL original issue hereof. The principal of and premium, if
any, on this Bond "are payable upon presentation and surrender
+
hereof at the principal offiaa' of,'
in') Minnesota, a d uty
organ 's validly exi sting under the laws o
'
(the fond Registrar ") actin as paying SlaiT,
"
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or any successor paying agent duly appointed by the, esuer.
Interost pond will be'paid on each, Interest
<,
Date by dheck or draft wailed to the person in Who" name'thi•
`
16od is r o! the "Holder" or s
registration Issuer maintained by the
e Bond
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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 so 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 Molder 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 Data 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 fond are
payable in awful money of the United statea of America.
MM MM Is NEARBY MADE TO THE FURTHER F'RO OF i
THIS ROMD SET FORTH oM THE RRVERSa HEREOF, MICH PROVISIONS
SHAJZ FOR ALL PURPOSES HAVN THE $ ME EFFECT AJ1 IF 4ET FORTH
HEAL. 1
r IT iS HRRREY CERTIFIED AND RECITED that all acts,
ooeaitiona and things required by the Constitution and law of
the !tam of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this NonO,'have
been dom have happened and have been performed, in regular
and due form, time and wanner as required by law, and this
Rona, together with all other debts of the .Issuer outstanding �
an the date of original issue hereof and - the date of its
issusnoe and, delivery to the original purchaser does not exceed. �
WW constitutional or statutory limitation of indebtedness.
IN VITNEiS WHEREOF, the ,.City of Prior Lake, Scott,
Oounty, Minnesota, .by Mond to
City Council has caused this Mo to
be,execut" in its behalf by the faceimile'signaturse of tho
"40 t1nd the City Manager, the corporate seal of the isomer
1 omitted as i
haelrp biers intentionally permitted by law.,;
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Dj►ta /of Registration: Rigistr4bl• by:
' Payable. ' at:
, atD,� °' fosdT1�J111's CI O!' mol L*
CRR'!'1l SG?i O! scm C�)wry lY Ni M MTA
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�ARN�M'PIGTION
"is pod ,ii me of the
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' Bonds, jassoribsd. ih t1M lei YaQ imil• _�I
of f11iq rllt'1OAb
(' /�/ 4 r 1 •1 i I I� � a• acs tis
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41
ON REVERSE OF BOND
All Bonds of this issue maturing in the years 1995 to
! 998 f both *ncl"ive, are subject to redemption and,,prp ont
t the option of.the Issuer-on December 1, .1994 and on any
,
Interist Payment-Dato ther*ifter at par and acc interest.
Redemption may be in who'14 in part of the Bonds subject to'
prepaymenti 'If redemption isin part, those So i,raiaiini , ng
nd
unpaid which have the latest maturity date shall be prepaid
firstj -and. if only part of the 26nds having a 'common 04turity
date are called for prepayment, the specific Bonds to be
�'pr . *paid be chosen by lot by tho-Dond R" i pttar.
Oublished notice of redesiption, *hall in each came be given "in
accordance with law, and mailed notice of, redemption shall'' be
C
giv*nl,,'to the 'paying agent aA4 tq, the, Holder* of the,sonds'.
feet a partial reAsm�tion 0 whaving a
f bond
compeon,matutity data, th6'.8ond Registrar shall assign to bach
bond having a common maturity d4to�' a distinctive 'pumber for
each #5 0 000' of the pirincIpal &1M0ufkt` of such bond. - The
'lot,
"R60istirar shall thith. siloct� by ugi nq luch owthod, of
veleation
as, it shall do" proper Xn its'diddrstion from *hw-l'.
nuftetri the"Donds'i as siany nu*b6rs �: st $9,�Wo
,
numbe qu&i:.,th* Principal Ambiuntobf such b6nds"'
for eaeh r, 6hall-.0
to be rodee"d. "WAWA6 t6 isoemmed shall bie'the 96nda to
which w4re.a9s49n*4'nuW6er*
that a"' inty so, such of the pr nilpol emount--of'such a
denow,ination of mots than $�,000. shall be r &I
000 for each numbq; assigned 6it''ind islect"
so od.
I rk bond is to be rwiesned only Li % piri.' � it shall be
surrendered to the D" Regiiiir'ar' (1wLth, it the 118i4er. or the
bofid Registrar so requires, a writton-AnatiuMent of irinstor iu�
tOXU Satisfactory tothis Issuer and the DOW Registrar duty
executed by'the Ibldir thereof or his attoa�ne y dulk aot4pri,add
in writing) 'and the Issuer shall execute AM t�,%b 'Bond Registrar
a and
shall auth n deliver to the.Holder of sugh Mand,
without "rvicw dhargO, &,now Sond or k)mdg of p&" series,,)
h&vi4 the saM stated siaturity and interest rate ii�d ofilly
authorized denomination or denomination*, ao,raqwastii by sudh
11older,, in aggregate #r$ncJpal amount equal t and in exchange
foor'this
unrodeemLd port ton of the principal of the nond, so�
eutrendeted4
OD
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� This Bbnd is' ''ons of an'issue in 'the total principal'
amount of $150;000 ail `of like data` of original issue and
tenor except as to number, raturity, interest rata,
Bond has
denomination and redemption privilege, which been
" rived pursuant ,to to a,
i nd in full conformity with the Constitution
and "Yaws of the State ,of Minnesota ;and purivant to a resolution
adopted by, t he' ,.p i e y council on Se 'timber ,16, 1985 (the
"Nssolution ") for the purpose of providing money to finance
„ o0a n capital and administration costs within Municipal
Ieve�;opment Distri�:t No. I and is payable primarily from tax
i`ncsments , derived from Tax" Incr+�nt linancitng District no.
1. -1 of the Issyar which Have . been pledged„ to the General"
"
° obl �jition, Tax Increment Bonds of 1985 (M6nicipal .D*volopwent
'the
w District 16. 1) 'lund ,of Issuer. Thin ,Bond "cons titutes , a„
gene` obligation o! ` tho, Isaua'r, and to provide money* for the
proses ""' and �ulI payment of the principal and interest; when the
`semi
been ON "'the full,14ith and credit and taxing powers of
' i� Issuer have been and are hereby irrevocably k�
Ac
4- ' Iii1 some ors ,iasuable solely as lolly registered
Darts ,in !he` denominations of =5,000 and intogralIr multiples;
thegoof and aft exchangeabl !or" lul.ly registered Bonds of
other' denawinatiap in equal aggrpate principal mounti and' in
authorised dencwinations at the principal office,o! the Bond--
1�g.9istrer, buv +�al1 in fine iilannat and strti ject' to 'the
' Iiwitations provided in the lNaolution. , Re iarence is hereby
r
wade to !hs I M laition for a , detati` i�tin of the rights and
pt
f
i, du'tiea o!'ihi� Bond 1legistras Oopias of the . " leeeeolution" are on
'
file in the pyrinreipal office of, the ici ed ,."'Lstrar.
this 'Bond is iranefe able the Holder in person or' ,
`prir
by►,hir attorney duly authorised in w rit inq- at the
Office of the Bona u presentation and. surrender
beseod' to the >i� 1M �istrar
iatrar, all subject to the to i and .�
conditions Yprovded in the Meolution' and to .re+iaonable segula-
" tions of � the I ta dan t.aiiW4 in any agreement 4itti i' the „ Bond
K'
Ri9ia�a:. a, . Thihupts: ; the , Issuer shall a :scut And the Bond
fplistrar sh6ll ", °ar4 deliver, ° h,4`xdhangs for this
Mond,, one O[ snare tM1/ ',tul l
" 9gi'ste:2sd Bondy 'in the 'mane.. of the
Y
f irana.foree (but' cot 'tsgistikiid in blank or to "bearer" or
slAilar ;desivnati uihori'aed denawination ors
denOmination in ag9rigfit* principal amount equal to the
'
p amount" of this Bond, of the same maturity and bear
interest at the sma rate.
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�,,...h4w,«FiwN'+? ,, r 1M' YiN 4dWaNUawMa +�.W3'Y�NSa+N"�'- �MNA��,VC" R!a'.f.,+u'4,.hSA�+�•;u...,,
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The Bondv stray Y 'require A Ye f a sent'
iEfieiont''to cover ariy;tax.oraotherovernmentalo charge,
payable
�
in connection with the traiiefor,or, exchange orge,'
Pa of "this
c
Bond. i1
' The Issuer nd Bond"Registrar may treat the
parson in , chose name this Bond is registered as the owner
hereof for- the purpose of receiving payment ai; herein provided
(exc*pe as ochexwise provided on the reverse side hereof with
. ' r rNped 't,. to the Record Datil) 'and for all other :.purposes,; thar
o not thia nond,@hall be overdue, and neither. the Issuer not
t1►1t ;.Mltx�d RAgiitrar a hal i , tie affected hY notice+ to the contrary.
" i This Bond ohall not be valid or 'Nkxme obligatory for
any purpo" or be es� titled to, any security unless the
Corti ficate 'of Authentication hereon shall.haw been 6i6outed
by thi florid iegistrar.
"m following abbreviati6n when used in the inscription.
v
.w_
an the face e?�ey
f �
,were written out full le or
appl b'
regulation i
T= CON - as tenants in common
Trill =T - as tenants by the entireties
J? "0 - as joint tenants with righ of survivorship
+ and not as tenants in ° oc on
UNII OUT Him ACT custodian
(Cost) ( nor '
�1
under Uniform Gifts to Minors
=
Act
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17 ate
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Additional abbreviat'ions.Aay slab be used
though not inl,�the above list.
y P
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^NtN
Mh M4?t` - I �u9'« NtsM4W /ta"Mliu�`c'1 "+i• 1. . . - ��l l�
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ASSIGNMENT
For value received, the undersigned hereby sells;
assigns and transfers unto
„ Bond
li
the w th n a oes '
h ereb y irrevoc y const tut- an ' a ppoint
a
attorney to transfer the Bond on the books kept for the
�
ASSIGNMENT
For value received, the undersigned hereby sells;
assigns and transfers unto
„ Bond
the w th n a oes '
h ereb y irrevoc y const tut- an ' a ppoint
attorney to transfer the Bond on the books kept for the
}
registration thereof, with full power of substitution in the
premises. <;
Datede
I
notice$ The assignor' - signature to this assignment
mmit correspond, with the name as it appears
+
upon the lace of the within soeid in every
�1
particular, without alteration "or any
4
change whatever.
signature onarantood a
" 1fnaturo(s) must be guaranteed by a national bank or trust
'
'ao■ay or by a brokerage firm having a, 0 ship, in one of ,
M
the' ',majoe stoat eaohanges.
The Bad Registrar will not effect transfer of this loud
Vale" the inftrmtion concerning the transfers requested
below is provided.
mealk a" 1ldd re" n
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, or
Include Informati all nt owners +,
if the seed is held by joint account.
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�" �" IY.+ � ++ +eNMR�i�i11R1�RM� Mir%!' W9�1YMAY4ti9Npfti7 +4MSVw�tiw��u�'AiSrP 4er•
y.
, I
i
y executed by ark, authorised representative
of the bond Registrar. certificates of huthentication on
a different Bonds vied not be signed
by the sa■ie person. The
Bond aeoitrar shall authenticate the signatures of officers of
} the Cityy oh saalf Bond by ixeeution,of the Certificate of
Authentication on the Bond and by inserting as the date of
` registration in the space provided the date on , hioh the bond „
is authenticated, except that for purposes of d liveri the
. '''originate' Bondi to the purchaser, the Bond 'Rsgiet' " shall
' tneert t o a date registration the date of original iss
which date is October 1, 1965. The executed Certificate of
u Authentication on each Bond shall be conclusive evidence that
it has been authenticate
d °and delivered under this resolution. „
,- 10. The Ci �istrar c a u bond r�istes in the principal
Y pt at°
office of the Bond eg� Arch, subject
to such reasonable regulations as the Bo" Registrar may
prescribe, the Bond Registrar shall provide ( for the,,
registration of "Bonds and the registration of transfers of
" Bo entitled to be registered or transferred as herein
provided.
pr neipal oltiae S u rr end er
o! the Bond Registrar, f the Y City d shal th exeeute
the date of registration provided in FW /l,;a
if necessary and the Bond Registrar shall autlwnticate,
/ /,insort p par+ag aph 9) �� nd deliver, in the haws of the designated transferee or -
transferies, one or more now.Sonds of any authorised
fMr+""yy' ' �4 �%r4�FWt' .�7141t4 �. �... � �%... .... � ` ' .1M,+?`fwu+:•VxRxwwt�roa.rmkwv �� .. � �,,
8• The Bonds shall be executed on behalf of the City
by the signatures of its Mayer and City Manager and be sealed
with the seal of the City; provided, however, that the seal of
the City wad be a printed facsimile= ptov ded that both
of such signaturet may be printed facsimiles and the corporate
seal Way 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 metnual 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 s
s
{
the Bonds shall cease to be such officer before the d e livsrt/ of
' t
the Bondi, such signature or facsimile shall nevertheless bi
,,valid and sufficient for all purposes, the sae• as if he or'
had remained in office until delivery.
No bond shall be valid:or obligatory for any
r p
purpose or be entitled to any Security or benefit under this
resolution unless and until.a Certificate of Authentication on
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such Bond, substantially An the fora hersinabove set forth, ^
^
shall have been dui a
fMr+""yy' ' �4 �%r4�FWt' .�7141t4 �. �... � �%... .... � ` ' .1M,+?`fwu+:•VxRxwwt�roa.rmkwv �� .. � �,,
denomination or denominations of a like aggregate principal
amount, having the same stated 'aturity and interest, rat, e, as
requested the transferor; ,
eq' by provided, however, that no bond
may be registered in blank or in the name of "beare'r" or
similar designation.
At the option of the holder, Bonds may be exchanged
�q
for Bonds of any authorised denomination or denominations of a
dike aggregate principal amount and stated maturity, upon
j
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
Registrar
h and
registration of. deliver h 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 transf
of Bonds shall be valid general. ,obl i gations of the City`
evidencing the sane debt, and entitled to the sow benefits
under this resolution, as the Bonds surrendered for such
o
exchange or transfer.
Bvery amid : presented or surrendered for transfer or
`
exchange shall be duly endorsed or be accompanied °by a written
instrument of transfer, in form satin- 'actory to the Bontk
"tStsar, duly executed by the holder,thersof or his aitorndy
(
°
duly authorised in writing.,
The Bond Registrar may require payment of asuw
sufficient to cover any tax or other governmental cha
payable in connection with the transfer or exchange of any
Bond.
�I Transfers shall also be a bject to rttso able rsgula
'
lions of the City contained„ in any s;grediient with the Rond
Registrar, including regulations whi`oh 1
permi t the, abed o
lagistrar to close its transfer, books between record dates and _
payment dates.
11 iach.Bond delivered upon transfer of or in
r
a
exchange for or in lieu of any other Bond xhall carry all the
+`
rights to interest accrued and unpaid, and to accrum, Which!,
vireo carried by such other Bond. ,
R
I
1''
1 y 2. lnteres�t on an Bond shall be paid on each
interest 12 ent.date b check or draft mailed to the person
whose name the Bond iii registered (the Holder ") on the
registration ,books of lithe; City maintained by the Bond Registrar
and at the address appearing thereon at the close of business
on the fifteenth day o,f the calendar month next preceding such
interest payment date '(the "Regular Record JjAte "). Any such
interest not so timely'�',paid shall cease to be payable to the
person Who is the Holder °thereof as of the 4egular Record Date,
and shall be.. pay able to the is ie Molder thereof at
- pe rson who t 1j
the close of business on a date (the "Speciil Record Date ")
tired by the : ,Bond Registrar, whenever money becomes available
for payment of the defaulted interest. Notice of the Special
Rscor& D ate shall be given by the Bond Registrar to the Holders
not le {fie than 10 days prior to the Special Record Date.
III 13. The City and the Band Registrar may treat the
peroon�in whose name any Bond is registered as the owner of
such''wand for the purpose of receiving payment of principal of
and'ipr'imium, if any, and interest (subject to the payment
pro+ie�ione in paragraph 1$ above') on, such" Bond and for all
other ;purposes whatsoever 'whether or not, such Bond shall be
ovaidulla to , and neither the '.City nor 'Ithe Bond Registrar shall be
atf�bcttsd by notice the cantrari.. ,
�I 144 The Bonds �Ih�n so prepared and exc,cuted shall be;
t , del Lvered by the `City Anance`�'Dis%ctor to the, Purchaser upon
�eeoiipi of the purchase price, cad, the Purcha�er shall not be
oblig;O to me to the proper appl "i bof.
:at on thes •
designated
IS.
Obligation Tax 198
iS Thers is here crea ted
S
(10unicipaL Dwoolopment District No. 1) Lund" ( the "Fund ") to be
held and oftinist4red by City Finance Director separate and
apart fr�i all other .hinds of- the City. The Ound shall be,
maintained in, the wanner herein specified until all °of the
Bonds herein authorised and made payable from the Fund and any
other 0600941 "Obligation tax incromIsnt bonde.hereafter issued
to omplete the Project, including any modifications or b
additions thereto, and wade payable from the Puns and the
';interest thereon have been' ,fully paid. Them , shall be
maintained in the Fund two separate accounts do be designated
the "'Capital Aaobunt" and the "Debt Service,Account "';
respectively. The proceeds of the sale of the bonds herein
authorised, less any accrued interest received thereon, and
ees capitalised interest in the amount of $20,000 (together
With interest earnings,therdon and subject to such other
14 n
».+«wi w i+w ANMw M aW�',RAru:;:�:nr � n $ _ .._v n..., . , .:,, . ._., >- v- .3.,ars.+a ✓.,..n.: _., ;.. �k"— .-1 � ....:,..�.;...
.�„�o,,,■,�
�--
a .,.,,,. _ . �_.._.. , ., ,
1 y 2. lnteres�t on an Bond shall be paid on each
interest 12 ent.date b check or draft mailed to the person
whose name the Bond iii registered (the Holder ") on the
registration ,books of lithe; City maintained by the Bond Registrar
and at the address appearing thereon at the close of business
on the fifteenth day o,f the calendar month next preceding such
interest payment date '(the "Regular Record JjAte "). Any such
interest not so timely'�',paid shall cease to be payable to the
person Who is the Holder °thereof as of the 4egular Record Date,
and shall be.. pay able to the is ie Molder thereof at
- pe rson who t 1j
the close of business on a date (the "Speciil Record Date ")
tired by the : ,Bond Registrar, whenever money becomes available
for payment of the defaulted interest. Notice of the Special
Rscor& D ate shall be given by the Bond Registrar to the Holders
not le {fie than 10 days prior to the Special Record Date.
III 13. The City and the Band Registrar may treat the
peroon�in whose name any Bond is registered as the owner of
such''wand for the purpose of receiving payment of principal of
and'ipr'imium, if any, and interest (subject to the payment
pro+ie�ione in paragraph 1$ above') on, such" Bond and for all
other ;purposes whatsoever 'whether or not, such Bond shall be
ovaidulla to , and neither the '.City nor 'Ithe Bond Registrar shall be
atf�bcttsd by notice the cantrari.. ,
�I 144 The Bonds �Ih�n so prepared and exc,cuted shall be;
t , del Lvered by the `City Anance`�'Dis%ctor to the, Purchaser upon
�eeoiipi of the purchase price, cad, the Purcha�er shall not be
oblig;O to me to the proper appl "i bof.
:at on thes •
designated
IS.
Obligation Tax 198
iS Thers is here crea ted
S
(10unicipaL Dwoolopment District No. 1) Lund" ( the "Fund ") to be
held and oftinist4red by City Finance Director separate and
apart fr�i all other .hinds of- the City. The Ound shall be,
maintained in, the wanner herein specified until all °of the
Bonds herein authorised and made payable from the Fund and any
other 0600941 "Obligation tax incromIsnt bonde.hereafter issued
to omplete the Project, including any modifications or b
additions thereto, and wade payable from the Puns and the
';interest thereon have been' ,fully paid. Them , shall be
maintained in the Fund two separate accounts do be designated
the "'Capital Aaobunt" and the "Debt Service,Account "';
respectively. The proceeds of the sale of the bonds herein
authorised, less any accrued interest received thereon, and
ees capitalised interest in the amount of $20,000 (together
With interest earnings,therdon and subject to such other
14 n
».+«wi w i+w ANMw M aW�',RAru:;:�:nr � n $ _ .._v n..., . , .:,, . ._., >- v- .3.,ars.+a ✓.,..n.: _., ;.. �k"— .-1 � ....:,..�.;...
•',
adjustments as are appropriate to provide sufficient funds to
I Y
pay interest due on the Bonds on or before June 1, 1987), shall
be credited to the Capital Account, from which there shall
s
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
%3
Minnesota Statutes, Section 475.65; and the moneys 'ii+n,said
f'
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 she Bonda due
prior to the antio`ippated date of commencement of the collection
of tax increments. Th is hereby pledged and there shall be
+.
credited to the Debt Service Account (a) all accrued interest
'
received upon delivery of the Bonds ; '(b) capitalized interest
in the amount of $20,000. (together with interest earnings
thereon and subject to such other adjustments as are
appropriate td' provide sufficient funds to pay,•interest due on
the Bonds on or before June, 1, 1987)1 (c) tax ,increments
dsrved fr�am the Tax Increment District in an amount which,
tdoether with other revenues herein pledged to the payment
thereof, are sufficient to pay the principal and interest to
borne* due on the Bonds herein authorized; (d) any collections
of all taxes. Which sciy hereafter be levied in the event that','
the tax increments herein pledged to the payment of the
principal and interest on the Bonds are insufficient thereforet
(e) all funds remaining in the Capital. Account after completion
of the Project and payment of the costs txi'araof; (f)' any tax
increment guarantee payments received on account of the Bonds
'`
pursuant to any development agreements entered into between the
'
c,
+ t Ci and any private developer(s); provided that such guarantee
j
pa ty
ywen!# aWl not be used to pay more than five percen!'of the
l /
principal and interest, on the Bonds in ar�y calendar year
without an opinion of-Bond Counsel being obtained that states
/ f
` «
!h 0 payment of guarantee payments in excess of St does not
iwpairc;eha !es ixsmpt status of the Bonds; and (9)' all
ihverltment earnings on funds held it the Debt Service Account.
T'he Debt Service Account herein creat4w_4 shall be, used solely to
pav the, principal, and interest and any //prem for redemption
?,
of the ponds issued hereunder and any ther general obli ation the Cit gg
i issued by
the Caty'
�
and mud account as
payable /provided by law. My
sue..from time to t iAo held in the Debt Service: Account in
excess of amounts which under the applicable federal arbitrage i
1� + ulat, ons May be invested without i'egard as to yield shall
°+ not be iinvesteq, at a yield in excers/ of the applicable yield
restrictions deposed by said arbitrage r6gulations on such
La, investmMents after taking into account any applicable "temporary
,
:+� :<, �awyW> ir �17�W�1 r. 4M��kraru4r�� :+�e.r.;�,+r,:.r_. .,_. �,3><:^�,....,« .;, _ ,... , .. - s. _ -_+ a a• .... ,.3 :r:x.._ i lk ee+ , �
I ,
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r _.
r ,
periods made available under the federal arbitrmge
regulations:. In addition, money in the Account" "shall not 'bed
invested in obligations or deposits issued by, guarantoid..by or
insured by the United States or any agency or .instrumentality
thereof if and to the extent that such investment would cause
the Bonds to be "federally guaranteed" within the meaning of
Section 103(h) of the Internal Revenue Code "of 1954, as
amended.
16. In the event that any of the Bond, proceeds are
used to acqui land the City will o cotaply 'with the provisions
Of Minnesota Statutes, Section 273.75, ;Subdivision 5 which
requires � that the City enter 'into an agreement with s developer
for the development or redevelopment of 75 percent of the
District property to be acquired by the City with the proceeds
of the Bonds, which reement shall
aq provide f or recourse for
=,
the City should such development„ or redevelopment not be
completed.
" °thy City fails to satisfy the conditions
;
of the iagraptl� within a reasonable period of time,
-
the City hereby covenants that those °portions of the District
propo rty e of 25 p rop e rt y
p a
to b
° but not shall
bldDeswediabadonn id ''
within the meaning of Minnesota) Statute's, Section 475.65 and
the remaining Bond proceeds in the Capital Account attributable
o ""
thereto shall be transferred to the Debt Service Account.
" 17. The County Auditor of Sc County, had' certif ied
than the original assessed value (as defined in Minnesota
Statutes, Section 273.73, Subdivision 7) of property in the Tax
Incr ement District as of January 2, 1984 is $33,552. The
Co unt y it 1.1 determine in each year if the then currant
J)
o! property in the Tax Increment District
tj,
„ exceeds„ the oti inal assessed value, and shall calculate, in
g
the manner provided in Minnesota Statutes, Section 273.76,
Subdivision 3, the Captured assessed value (as defined therein)
c�
attributable to the Tax Increment District. The City has
t
determined to retain 1006 of the captured assessed value for
o! increment
puspoees tax financing. The County Auditor shall,
in each such Year, compute the mill rates to be' ext ' wAdd
Against the captured aasessed value in the mariner provided in
Minnesota Statutes, Seacti6n 273.76, Subdivision 3, and the tax
generated thereby shall constitute the tax increments !or the
'r '
year in which it is received. The County Treasurer will remit
"
to the City -,the tax increments so received until the cost of
the Pro ect, including
n9` principal and the��interest on the sonde,
.
=
16 f
has been paid. The City hereby pledges and appropriates the
tax increments to the Debt Service Account, which pledgee and
appropriation shall continue until all of the Bonds,,and any
additional bonds payable from the Debt Service Account, are
paid or discharged. The City hereby expressly reserves the
right to use the tax increments to finance coats set forth in
the Plan not financed hereby or to finance costs of other
projects to be undertaken from time to time within the
Development District in accordance with the Program and the
Plan, as may be from time to time amended.
18. On or before October 10 of each year, the Finance
Director shall certify to the County Auditor of Scott county
the amount of tax increments and any other funds appropriated
to and then held in the Debt Service Account and the estimated
collections of tax increments 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 Scott County to
levy an on
valorem tax in an amount as is necessary, togetAar
with the aforementioned funds then held in the Debt Service
Account and said estimated collections of tax increments to pay
the principal and interest on the Bonds to become due during
said period.
19. The tax increments are such that if collected in
full they, together with estimated collections of other
revenu3t 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 h�areby ,irrevocably pledgod. If the balance in the Debt
Service Account is ever insufficient to pay all principal and
interest th`_h due on the Bonds payable therefrom, the
d6ficiency 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.
4"
17
Y
ak
I.,
20. The [,\!mnager isi, hitrebj;,, (3,kreoted to file a
ce ,tifiO copy of this resoa,Uti,on with tho County Auditor of
Sc6tt Co►.nty, .Minnei�pta,, to9et;,h+er with i 'xuc',h other information
as tie shat/ l re4luirs, and to iib \.ain fr�xn the Auditor his
cert� ficato that the Bonds have, been ont in the IL 4%L
e
OW10 dhorkelson
and the following voted against the same: " None
Wthsreupon said rOsolUtion was declared duly passed
and adopted,,
Bond `� isi, .
21. The offic(lrs of :he'; City are 'kxiszeby authorized
and directed to prepare �i n(t furniih to the O iahasor of the
aonds, and to ttiii attorneys app"k.ovi *)I
.dg the lality of the
k0suance thereof, certified copies cof all prw endings and
r0nor'ds of, the `i *.y rel +'eting to \4io Nonds and to the financial
; ,00rtdition and sffairo oil the City, art! such otI, &sr affidavits
r.ertificatee ar, lk as a, \re required to ,show the facts
kelatin9 to the 1 "`& ity and 'naYk�ntabiiity, of tho Bonds as the
s,�e �ajV*ar from thm,' \book4. ar4 red, +;)rds ``ndwr their custody and
cc►ntro�l' or as othorr�; iae known to t1, at all such cartifiW
copies, oertificatas,',and & fidavits;, ,including any heretofore
furnisl fed, shall be, i�l "-sd > opr�a sensations of the City as to
the lacC,a i�eceitld tip i�`�in. ��
2,2. tiotwi�hi 1 }andicx�s arty pr' ision herein to the
contrary the City �,,esl►rves the right`, to terminate, reduce or
,, ; apply„ to other 'Yawfu`i 4rposo the t \- increments heroin ,pledged
to thry parwrit. i)f the Hondo and L rite to it thereon to the, extent
and ins the manner pofti�.to► by law.
Tho r for the adoption of the foregoing
res�)lution was �irly se aorrded by niemDer
upon vote beilWtaksn thereon, the follovi ng voted in ,for
theraofr` Mayor Katy Johnson, Council members Busse, Carol Scott and
r ��
I
18 \
I;
ii
PA
r
4
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF PRIOR LAKE
I, the undersigned, being the duly qualified and
acting Manager of the City of Prior Lake, Minnesota, DO HXRFBY
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 authorising the issuance of and awarding tho.
G al* Of $150,000 Oeneral Obligation Tax Increment Bonds of 1"S
of said City.
NITMESS my hand and the seal of'sa.id City this 18th
day o f Ssatesher . 1985.
1
Manager -`
10
f, ,r
a�f ^