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85-137 M�FIITE - CITV CLERK �PINK •• - FI�VANCE . GITY OF SAINT PAUL Council P }ANARV�- DEPARTMENT File NO. `�/�� l3LUE - MAYOR . � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS: A. This Council hereby finds, determines and declares that: (i) there is not first available in any annual increment period under Title I of the Federal Housing Act of 1949, as amended, sufficient urban renewal development capital grant money for the payment of costs for approved project activities and improvements in the Seventh Place Redevelopanent Project which is an urban renewal development project which has heretofore been designated and approved in the manner pravided by law pursuant to the provisions of subdivisions 1 and 2 of Section 1 of Laws of 1963, Chapter 881 as amended; (ii) pursuant to Section 1, Laws of 1963, Chapter 881 as amended the City is authorized to issue bonds in the total amount of $43,400,000 for paying certain project costs of urban renewal developanent or code enforcement projects designated by the Housing and Redevelopment Authority of the City of St. Paul or the City of St. Paul in the manner provided by law and for paying any remaining costs of municipal buildings and improvements to be constructed within or adjacent to the project area; ( iii) the City has heretofore issued $41, 125,000 of bonds pursuant to the authority contained in Section l, Laws of 1963, Chapter 881 as amended; COUNCILMEN Requested by Department oE: Yeas Nays F]91F]�if °feN1 [n Favor Masanz Nicosia Scheibel __ Against BY Tedesco Wilson Sonnen Form Approved by City Attocney Adopted by Council: Date Certified Yassed by Council Secretary BY By Approved by lVlavor. Date Approved by Mayor for Submission to Council By By . � �,r �� /�7 (iv) $1, 505,000 of bonds have heretofore been issued pursuant to the authority contained in subdivision 3 of Section 1, Laws of 1963, Chapter 881 as amended (which subdivision was added by Laws of Minnesota 1975, Chapter 260) ; (v) the City is therefore authorized to issue the bonds hereinafter designated pursuant to the authority contained in subdivision 3 of Section 1 of Laws of 1963, Chapter 881 as amended and the Council does hereby authorize the issuance of said bonds in the amount of $500,000 heretofore designated "General Obligation Urban Renewal Bonds, Series 1985" for the payment of up to the entire project cost of the said Seventh Place Redevelopment Project, an urban renewal development project. B. The Council has by Resolution No. 85-24 adopted on January 3, 1985 and approved by the Mayor on January 8, 1985, authorized the sale of $500, 000 General Obligation Urban Renewal Bonds, Series 1985, to be dated March 1, 1985; C. The appropriate City Officers have, pursuant to said resolution, caused proper published notice of the sale of the Bonds to be given as required by law, and sealed bids, as set forth in Exhibit A attached hereto, pursuant to the Official Terms of Offering were received at 11 :00 o' clock A.M. , Central Time, on Tuesday, January 29, 1985, by Peter Hames, Director, Department of Finance and Management Services of the City of St. Paul, Minnesota; and D. The Director, Department of Finance and Management Services has advised the Council that the bid of The First National Bank of_ Saint Paul was found to be the most advantageous and has recommended that said bid be accepted. NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The bid of The First National Bank of Saint Paul to purchase $500,000 General Obligation Urban Renewal Aonds, Series 1985 (the "Bonds" ) , of the City in accordance with the Official Terms of Offering at the rates of interest hereinafter set forth and to pay, therefore, the sum of $495, 765 (plus a premium of $--0--) is hereby found, determined and declared to be the most favorable bid received and is hereby accepted and said Bonds are hereby awarded to said bidder. 2 . . �� ��-/�� 2 . The Director, Department of Finance and Management Services� is directed to retain the deposa.t of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders . 3. First Trust Company of Saint Paul, in St . Paul , Minnesota is appointed to act as Bond registrar and transf_er agent ( the "Bond Registrar") and sha11 do so unless and until a � successor Bond Registrar is duly appointed, a11 pursuant to an ag reement between the City and the Bond Registrar. The Bond Registrar shall also serve as paying agent (the "Paying Agent") unless and until a successor Paying Agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders of_ the Bonds in the manner and subject to the conditions set f_orth in the form of Bond and paragraph 9 of this resolution. � 4. The Bonds shall mature on March 1 in each of the years and amounts as follows and shall bear interest as follows: Year Amount Interest Rate 1986 $ 50,000 5.25 0 1987 $ 50, 000 5. 750 1988 $ 50,000 6 . 250 1989 $ 50, 000 6 . 750 1990 $ 50,000 7. 00 0 1991 $ 50, 000 7 . 200 1992 $ 50,000 7 .40 0 1993 $ 50, 000 7.60� 1994 $ 50,000 7, 80% 1995 $ 50, 000 8 .00$ 5. The Council hereby ratifies and approves each and every act of its subcommittee on Finance and Sinking Funds in connection with the sale of the said Bonds . 6. All Bonds shall be issued in registered form as to both �rincipal and interest and shall be issued in the denominations of $5,000 each or any integral multiple of $5,000. 3 ..- � �'�=/3 I 7. • The Bonds shall be executed on behalf of the City by the facsi�nile signature of the Mayor attested by the facsimile signature of City Clerk countersigned by the facsimile signature of the Director, Department of Finance and Management Services and be sealed with a facsimile of the seal of the City. In the event of the disability or resignation or other absence of any such officer, the Bonds may be signed by the �nanual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case any such officer whose facsi�nile signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 8. No Bond shall be valid'�or obligatory for any purpose or be entitled to any security or bene£it under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form hereinafter set forth, shall have been duly executed by an authorized signatory ( "Authorized Signatory") of the Bond Registrar acting as Authenticating Agent. Certificates of Authentication on different Bonds need not be signed by the same Authorized Signatory. The Bond Registrar shall authenticate the signaturPS of officers of the City on each Bond hy execution of the Certificate of Authentication on the Bond and by inserting the date of registration in the space provided, except that for purposes of the F3onds delivered to the Purchaser, the Bond Registrar shall insert as the date of registration the date of original issue, which date is March 1 , 1985. The executed Certificate of Authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 9. Interest on said Bonds will be payable September 1, 1985 and, semiannually thereafter on March 1 and September 1 in each year. The Bonds are not redeemable prior to rnaturity. Interest is payable by check or draft 3rawn upon the Paying Agent payable to and mailed to the Registered Owner thereof as of the Record Date (as shown by the Bond Register) at the close of business on the Business Day immediately preceding any 4 . �� �-��_�..�� interest payment date at the address of said Registered Owner as it appears on the Record Date on the Bond Register of the City maintained by First Trust Company of Saint Paul as the IIond Registrar. Record Date shall mean the 15th day of the month preceding the month in which interest is due and payable unless such day is not a Ausiness Day and in such event it shall be the f_irst Business Day after the 15th day of such month. Business nay means any day, excluding Saturday and Sunday or any day on which national banks in St. Paul, Minnesota are authorized or obligated by law or administrative order to close. 10. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: 5 . � 1,����--��� UNITED STATFS OF AMERICA STATE OF MINNESOTA COUNTY OF R�MSF.Y CITY OF SAINT PAUL GENERAL OBLIGATION URBAN REI�TEWAL BOND SERIES 1985 No. R- $ � INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP $ PER ANNUM March 1, 1985 REGISTERED OWI�TER: PRINCIPAL AMOUNT: The City of Saint Paul, Ramsey County, Minnesota (the "Issuer") , for value received hereby promises to pay to the registered owner specified above ( "Registered Owner" ) , or registered assigns upon surrender thereof at the o£fice of First Trust Company of Saint Paul, St. Paul, Minnesota (the "Paying Agent" ) , the principal sum specified above in immediately available funds on the first day of March, 19 and to pay to the Registered Owner hereof interest from the date hereof on the princiPal balance hereoF from time to time outstanding at the rate specified above (calculated on the basis of a 360 day year of twelve 30 day months) seiniannually on the first day of each March and September of each year com�nencing September 1, 1985. Interest on said principal sum is payable until the principal surn is paid or until this Bond is duly discharged. Principal and interest are payable, in any coin or currency of the United States of America whicY► on the respective dates of payment is legal tender for public and private debts. Interest is payable by check or draft drawn upon the Paying Agent payable to and mailed to the Registered Owner hereof as of the Record Date (as shown by the Aond Register) at the close of business on the Ausiness Day immediately preceding any interest 6 . ���5-1�'I pay*nent date at the address of said Registered Owner as it , aopears on the Record Date on the Bond I2egister of the Issuer maintained by First Trust Company of Saint Paul as the Bond Re�istrar. Record Date shall mean the 15th day of the month preceding the month in which interest is due and payable unless such day is not a Business Day and in such event it shall be tn� first Business Day after the 15th day of such month. Business Day means any day, excluding Saturday and Sunday or any day on which national banks in St. Paul, Nfinnesota are authorized or obligated by law or administrative order to close. This Aond is one of an issue in the total principal ar.iount of $500,000, authorized by Laws of Minnesota 1963, G'hapter �?81 , as amended by Laws of Minnesota 1967, Chapter 499, Laws of Minnesota 1971, Chapter 321, Laws of Minnesota 1973, Chapter 395, and Laws of Minnesota 1975, Chapter 1.60R and is specifically authorized by subdivision 3 of Section 1 of said Lacvs of I�iinnesota 1963, Chapter �81 as amended and duly adopted resolutions of the Council of the City of Saint Paul, for the . purpose of procuring the necessary funds to pay up to the � enLire project cost of certain urban renewal development nrojects, within the corporate limits ot the said City, 3esignated Seventh Place Redevelognent Project, being a praject for wni�h the City is authorized to issue bonds pursuant to the aforesaid laws . This Bond constitutes a general o'aligation of the Issuer, and to provide moneys for the pr a�npt and full � paynent of the principal of and interest thereon when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVFRSE HEREOF,' WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVF THE SAME EFFECT AS IF SET FORTH HERE. The Bonds of this issue are issuable solely as fully registered bonds i.n the denomination of $5,000 or any integral multiple thereot. As provided in the resolution authorizing the bonds (the "Resolution") and subject to certain li.mitations therein set forth tllis Bond is transferable upon surrender of this Bond for transfer to the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in fonn satisfactory to tl�e Issuer and the Bond Registrar duly executed by the Registered Owner hereof or his attorney duly authorized in writing, and thereupon one or more new Bonds of the same series for the same aggregate principal amount and of the same 7 � . G� �s-/37 stated ma�turity and interest rate will be issued to the designated transferee or transferees. Reference is made to the Resolution for a descriPtion of the rights and duties of the Bond Registrar. Copies of the Resolution are on file with the Bond Registrar. The Issuer, Paying Agent and Bond Registrar may deem and treat the person in whose name this Bond is registered upon the Bond Register as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment of or on account of the principal or interest and for all other purposes, and all such payments so made to the Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Bond to the extent of the sum or sums so paid, and neither the Issuer, the Paying Agent nor the Bond Registrar shall be affected by any notice to the contrary. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond. This Rond shall not be valid or become obligatory for any purPose or be entitled to any sect�rity or benefit under the Resolution unless the Certificate of Authentication hereon shall have been manually executed by an Authorized Signatory of the Aond Registrar. IT IS HcREBY CFRTIFIFD AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of the Issuer to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does not exceed any constitutional, statutory or Charter limitation of indebtedness. 8 - C��'-���� IN WITNESS WHEREOF, the said City of Saint Paul, Ramsey County, Minnesota, by its Council, has caused this Bond to be sealed with the facsimile of its Official Seal, to be executed by the facsiinile signature of its Mayor, attested by the facsimile signature of its City Clerk, and countersigned by the facsimile signature of its Director, Department of Finance and t4anagement Services and authenticated by the manual signature o£ an Authorized Signatory of First Trust Company of Saint Paul as Authenticating Agent and has caused this Aond to be dated as set forth below. (facsimile) George Latimer Mayor Attest: ( facsimile) Albert B. Olson City Cler Countersigned: ( facsimile) Peter Hames Director, Department of Finance and Managernent Services (SEAL) 9 . � � ��s-�.�7 Date o£ Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATIOI�T This Bond is one of the Bonds described in the within mentioned • Reso lution. FIRST TRUST COMPANY OF SAINT PAUL as Authenticating Agent By Authorized Signatory 10 ' � � � ����7 (ON REVERSE OF BOND) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: � Notice: The assignor' s signature to this assignment must correspond with the name as it a�pears upon the f_ace of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage finn having a meinbership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: � Include in�ormation for all �oint owners if the Aond is held by joint account. ) 11 :� � - _ � " � �= �s- i.�7 11. The City will cause to be kept at the principal office of the Rond Registrar a bond register (the "Rond Register") in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Rond Registrar shall provide for the registration of Ronds and the registration of transfers of bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any 9ond at the principal office of the Bond Registrar, the City shall execute ( if necessary) , and the Bond Registrar shall authenticate, insert the date of registration in the name of the desic�nated transferee or transferees and deliver one or more new Bonds of any authorized denomination or denoYninations of 'a like aggre�ate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be reyistered in blank or in the name of "bearer" or similar designation. At the option of the Registered Owner, Bonds may be exchanyed for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon 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 8ond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Registered Owner making the exchange is entitled to receive. No transfer of any Aond shall be binding upon the Paying Agent or Bond Registrar unless made at the office of the Registrar. All F3onds surrendered u�on 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. Al1 Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer ox exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. 12 � � � � � ����� The Bond Registrar may require payment of a sum sufficient to cover �any tax or other governmental charge payable in connection with the transfer or exchange of any Bond. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the F3ond Registrar, including regulations which permit the Bond Registrar to close its transfer books between Record Dates and payment dates. 12. Each Bond delivered upon transfer of or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Aond shall be so dated, that neither gain nor loss of interest shall result fran such transfer or exchange. Each Bond shall be dated and authenticated by the Bond Registrar on the date the transfer or exchange of the Bond is entered on the Bond Register maintained by the Bond Registrar. 13. The full faith and credit and taxing power of the City is hereby pledged for the prampt and full payment of both the principal and interest of said Bonds. � 14. The proceeds fran the issuance and sale of said Bonds, as received by said City, shall except as hereinafter provided, be deposited in a special fund of said City designated as "Urban Renewal and Developsnent Fund; " and therein allocated to and subject to disbursement for the City' s obligations pertinent to said Seventh Place Redevelopment Project for the payment of the costs of the aforesaid projects as estimated and for the further payment of any remaining cost of municipal buildings and improvements to be constructed within or adjacent to the project area. That despite the allocation of Bond proceeds made in this resolution, the same shall be subject to reallocation in purpose and amount consistent with the laws under which said Bonds are authorized to be issued; provided, ` that no part of the proceeds of the issuance and sale of any of said Bonds shall be made the subject of any reallocation or disbursement except for the purpose of the payment or defrayment of said City' s obligations assumed under and be ���. � authorized by said laws in respect to one or more of the � � ��� several urban renewal develop�nent or code enforcement projects � (including municipal buildings and improvements to be constructed within or adjacent to said project areas) authorized thereunder. ,Y 13 WHITE - C�T.V CLERK PINK ,� - FIY��i.�JCE GITY OF SAINT PAUL Council ��////��'' CAK�AE7Y- DEPAR7MENT File NO. � /�� BLUE - MAVOR . ° � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date � i ' / 15. The proceeds of said Bonds, except for any sums paid for said Bonds in excess of $490,000 shall be credited to the Urban Renewal and Development Fund referred to above and shall be used as provided above, provided that any balance in said fund not used or reallocated as provided above together with any swns paid for said bonds in excess of $490,000 plus accrued interest received upon the delivery of said bonds shall be � credited to the sinking fund account for such obligations; and r 16. The City will not make any use of the proceeds of the ' Bonds to be issued which, if such use had been reasonably expected on the date of delivery of and payment for the Bonds, would have caused such obligations to be arbitrage bonds within ' the meaning of Section 103 (c) of the Internal Revenue Code of 1954, as amended and any applicable regulations pramulgated ,� thereunder; and the City will and will cause any other entity 1 authorized to invest said Bond proceeds for the City to co�nply with the requirements of said Section 103 (c) ar�cl all applicable � regulations pertaining thereto w2zile the Bonds to be issued \� �! hereunder remain outstanding. , , 1 ' 17. The Director, Department of Finance and Management � � Services is hereby directed to file a certified copy of this � resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and _ `` to obtain from said Auditor his certificate that said Certificates have been entered in the said Auditor' s Bond � Register. \ \ \�� COUNCILMEN Requested by Department of: Yeas Nays � � �fte[ Nio/u A►� �P-U!� Masanz [n Favor � Nicosia schetbel � _ Against BY 7edesco Wiison Sonnen JAN 2 9 1g85 Form Approve City Att rney Adopted by Council: Date � / Certified P s o c' c BY By , ,. Appr by 1�lavor: Date -�FEB — � �85 � Appro e by Mayor for Sub ' ion Cou '1 By PU�usffE�D FCQ � 1985