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90-1962 - JT�/city attny. . . � - p Council File ,� 9�'' / 1 � � 0 � i � I N A L C�reen Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOT�b► � Presented By Referred To Comm3,ttee: Date ES UTION AUTHORIZING E:�FCtJTInr�I A•".dD 1�F.LI�1T?'?�' F FIRST AMENDMENT TO JOINT POWE�tS A��'�'',r�?'�'�?'" E ING TO THE RIVEPFR�N� REDEVELOPMENT Pp�7JECT WHEREAS : . (A) The City of Saint Paul , Minnesota (the� "City") and the Housing a d edevelopment Authority of the City 'of Saint Paul , Minnesota (t e "Authority") have entered into �'� at certain Joint Powers Ap� ee ent dated as of December 1 , 1987 ( he "Original Agreemen�` ) relating to the Authority' s Riverfr nt P.edevelopment Pro j ect . ' (B) The Authorit_y and the City have now determined that it is necess ry nd desirable for the Authority and the City to enter int a irst Amendment to Joint Powers Agreement to be dated as f cember 1, 1990 (the "First Amendm�nt") , in substanti 11 the form of the First Amendment to Joint Powers Agreement sub itted to this City Council for approval . ' NOW HE FORE, BE IT RESOLVED by the City Council of the City of S int Paul , Minnesota, as follows : I . he irst Amendment to Joint Powers Agreement to be dated as f ecember 1 , 1990 is hereby approved in substantially the form ub _itted to this City Council . The rZayor and Director, Denartmen o Finance and Management Services , of the City are hereby au horized and directed to execute and d�'liver the First Amendment upo avnroval of the form hereof by tYie office of the City Atto ne with onl_y such variations or chan�es from the form of said d cu...ent submitted to this meeting as m y be necessary to comnle e said document , or to correct any errjors therein, or ��rith such ot. er c?zanges therein as are, in the apinion of the City Atto ne.. , not materially adverse to the interests of the City. In th event of the absence of disa.bility of either of said offi ers , their designee is hereby authorized and directed to execu� s id document with the same force and effect as though the named of icers had executed the same . �� � IGINAL � � ��� -��°� _2_ 2 . T t e extent required by latv, .the City hereby annroves , consents t , nd ratifies �all actions taken by the Authority in connection wi h the issuance of the 1990 Bonds (as defined in the First e dment to Joint Powers A,reement) . a s Absent Requested by Depiartment of: imon oswi on acca ee �- ' e man u e �— z son � BY� � Adopted by Council D te NOV � 3 199p Form Approved by Cit At rney Adoption Certified by ouncil Secretary By: /r QG' By° Approv by Mayor for Submission to PP Y Y �/���9G� N�V � 3 ��unc' A roved b Ma ors D te ; By: �l_ i���`�"'' � c_- By' PUSLlSNEO ���0 V 17 1990 � � � � G� f�-AL _( ' i �Council File # �'(q�!%L Green Sheet #` --�L� RESOLUTION CITY OF SAINT PAUL, MIN SOTA Presented By r Referred To Committee: Date RES UT ON OF THE CITY OF SAINT PAUL AUTHOF.IZING THE } EXEC N OF FIRST AT��ENDP�ENT TO JOINT P(�AEffS AGREEMENT IN C N CTION WITH THE RIVF.RFRONT REDEVELOPMENT PROJECT A�EA AN EVELOPr2ENT DISTRICT jJHE AS , purs�ant to P�innesota Statutes , Section 469 . 00I through 469. 048 a d 69. 124 hrough �+69. 134, as amended (the "Act") the City of Saint au , Minnes ta (the "City") has , acting jointly with The Housing a d . edevelopm t Authority of the City of Saint Paul , Minnesota (t e "Authorit ") , undertaken the Riv�rfront RedeveloP- r.ient Proj ct and Developr_Z t District (the "Project") and has adopted a P.e evelopment Pla and Development Program therefor (the "Dev lo ent Pro;ram") ; - j�IE AS , the purposes of t e Project Redevelonment Plan and Developme t rogram are (a) to de elon or redevelop sites , lands or areas ��it in the City which are�,already built uu �ahich qualify as a rede el pment district under PTi�nesota Statutes , Section 469. 174, . ub ivision I0; and (b) to u�dertake and finance these actions a _o e project utilizing tax ii�crement financing; ,� WHE AS , the City has , acting jointly �aith the Authority, pursuant o he Redevelonment Plan and Development Program and the provi io s of Minnesota Statutes, Sections 469. 174 to 469 . 179 , as amende ( e "Tax Increment Act") created a Cax increment financing district within the area comprising '�he Project (��ie "Tax Incr me t District") and has adopted a tax �increment fi,r�an- cing nlan th efor (the "Tax Increment Plan") ; ti�IER S , the Tax Increment Plan authorizes certain exnendi- tures to ina ce certain public redevelonment costs �vithin the Project a ea, including but not limited to, land acquisition, relocatio , s ' te preparation, demolition, utilities , construction of �.�par�;'n� amp and other public improvements (collectively, th� "Publ' c develovment Costs") and the issuance of tax incre- ment bonds to finance the same; . WHER� S , on December 22, 1987 , the Authority issued its $14, 775 , C1 0 T r.inorary Tax Increment Revenue Sonds , Series 1990 , and its $8, 30 , 000 Ta�able Tax Increment Revenue 3onds , Series I990 (col ect'vely, the "I987 TemAOrary 3onds") to finance certain nublic re eve ovment costs within� the Project ; OR�IGINAL ���a-��� _2_ WHERE S , the City and the Authority have heretofore entered into hat er ain Joint Powers Agreement, dated as of December 1 , 1990, 'n c nn ction with the Project ; WHE S , the Authority intends to issue in an amount not to exceed its .$I , 775 , 000 Temporar_y Tax Increment Revenue Bonds , Series 199 ���ta d in an amount not to exceed its $8 ,300, 000 Taxable Tem�orary a� Increment Revenue Bonds , Series 1990 (collectively, the� "Serie I �0 Temporary Bonds") to refund a portion of the 1987 Tempo ar �onds ; WHERE S, the '`�eries 1990 Temporary Bonds are being issued pursuant t M nneso�a Statutes , Section 469. 178 , sub. 5 in anticipati n f the issuance by the City of its general obligation tax increm nt revenue `bonds (the "General Obligation Revenue Bonds") pursuant t M nnesota Statutes , Section 469:178 , 5ub. 2 ; WHERE S , it is necess�a�ry to amend the Joint Powers Agreement to include a inding covena t of the City to issue the General Obligation Re enue Bonds to y the Series 1990 Temporary Bonds at their m tu ity, or such dat as they are called for earlier redemption; WHERE S , a form of First Amen ment to Joint Powers Agreement between tk A thority and the City ated as of December 1 , 1990 has been p eu red and reviewed by th City staff and legal counsel ; NOW E FORE BE IT RESOLVED by tY�e City Council of the City of Sa'nt Paul, Minnesota, as follo 1. e irst Amendment to the Joint owers Agreement (the "First Ame dm nt") , in the form submitted t the City at this meeting is he eby approved. The First Amen�ent is authorized and direct d o be executed and delivered in �he name of and on behalf f he City by its Mayor, Clerk, Dir�ctor, Department of Finance an Management Services and Treasure�. '� , �2. T e orm and terms of the First Amendment may be varied prio� to e ec tion and delivery by the parties thereto , provided th�.t any s ch variance shall not be, in the opinion of counsel to the Cit , aterially adverse to the interests of the City. The execut'on and delivery of the First Amendment 'shall be conclusive ev' dence of the determination that anv such variance was not mater'ally adverse to the intexestsof the City. 0 R�I G�o � � L ��o�9�a -3- 3 . T e erformance of all covenants and agreements of the City conta ne in the Joint Powers Agreement , as amended by the First Ame� me t and this Resolution are authoriz�d by the Act , the Tax In re ent Act and this Resolution. 4. T e ssuance of the General Obligation Tax Increment R.evenue Bo ds (the "Bonds") in an amount not to exceed . $23 , 075 ,000 to permane tl �inance the Public Redevelopment Costs is hereby approved. Th Bonds would be issued no earlier than December l , 1992, the pt onal redemption date for the Series 1990 Temporary Bonds , nor la er than December 1, 1993 , the maturity date of the Series 199 T mporary Bonds . The interest rate, maturity schedule, optional y de ption provisions , timing of issuance, principal amount, an o her details of the issuance of the Bonds shall be consistent wi h the provisions of the First Amendment and as set forth in a re olution of the City Council to be adopted at the time of is ua ce of the Bonds . 5 . A 1 ctions of the inembers , employees and staff of the City heret fo e taken in furtherance of the Project and the Tax Increment is rict are hereby approved, ratified and confirmed. 6. T e ayor and City Clerk and other officers of the City are author ze and directed to prepare and furnish certified copies of - II proceedings and records of the City relating to the First me dment and such other affidavits and certificates as may be eq ired to show the facts relating to, the legality of the Fir t endment as such facts appear from the books and records in sa d officers ' custody and control or as otherwise known to t em and all such certified copies , certificates and affidavits i cluding any heretofore furnished, shall constitute representa io s of the City as to the truth of all statements made by th C ty and contained therein. 7 . I a y provision of this Resolution sha1l be held or deemecl to e r shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris- dict,.i�ons o i all jurisdictions or in aIl cases because it cor�flicts it any provisions of any constitution or statute or rule or pu lic policy, or for any other reason, such circum- stances sh lI not have the effect of rendering the.provision in question i op rative or unenforceable in any other case or circumstan. e, or of rendering any other provision or provisions herein con ai ed invalid, inoperative or unenforeeable to any extent wha so ver. C J' ORIG � i�IAL � �-yo�y�� -4- 8 . I t e event any of the officers of the, City authorized to execute o uments on behalf of the City under this resolution shall for ny reason be unable to do so , any mem er of the City, - . or any oth r ..fficer of the City, is hereby dire�ted and authorized to do so o b half of the City, with the same ef�ect as if executed by the off' ce authorized to do so in this resolution. , 9. T is Resa,�ution shall take' effect i�ediatel_y. �. �``� � \ � i ea Navs Absent Requested b �Department of: imon oswitz �CG� `� on acca ee ,� ettman _ une + i son By: � i Form Approved byl' C� Attorney Adopted by Council�: D te Adoption Certified y ouncil 'Secretary gy: BY= Appr ed by Maya'r for Submission to Cou il ` Approved by Mayor: D te ' / . �� � B ���� By: y� � ' �.. ..� � �"��—l�j(o�- DEPARTMENT/OFFICE/COUNqL DATE INITIATED � PE� 1 G . EEN S� EE No. 4�N��4 OONTACT PERSON d PHONE ENT DIRECTOA m CITY COUNqL BOb Geur'S X3LL1 �� AITORNEY �cmc�wc MUST BE OOUNqI A(iENDA BY(D ROUTINO BUDCiET DIRECiOR FIN.8 MOT.SERVICES DIR. �O v � Q MAYOR(OR ABSIST TOTAL#�OF SIGNATIlRE PA (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: Cl ty d t ori zes modi f i cati on to Joi nt Powers Agreemen wi th HRA to refund Ri ver- front Bonds by 1 dging City General Obligation takeout in 199 . Resolution will be recommended for a op ion on Novemner 13, 1990, onl if referr refundin method with Fu�i Ban does o w rk out. RECOMMENDATIONS:Approve(/q a Re (F� COUNCIL COMMITTEE/RESEARCH F�PORT OPTION _PLANNINO COMMISSION VIL CE COMMISSION ��YHT PHONE NO. _CIB COMMITTEE COMMENTS: _STAFF _DISTRICT COURT SUPPORTS WHICH COUNCIL OBJE INITIATIN(i PROBLEM,ISSUE, N Whet,When,Where,Why): Refunding of Ri e fr nt Bonds must be concluded by 12/1/90. T e resolution is needed onl as a conti nc lan. ADVANTAOES IF APPF�VED: Keep HRA from d f ul ing on bonds. DISADVANTA(iE8 IF APPROVED: Would obligate i y issue G.O: Bonds in 1993 for Riverfront to cover projected def i c i ts. RECEIVED NOV021990 DISADVANTAOES IF NOT APPROVED: If contingency e olu ion is needed and not appr.oved, HRA woul default on 1990 Bonds. . . Q�e.��e� H4 , 2�°t�� TOTAL AMOUNT OF TRANSACTI : M C08T/REVENUE BUDOETED(CI E ON� YES NO FUNDINGt SOURCE A ACTIVITY NUM9ER FlNANGAL INFORMATION:(IXPWN) (�W