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85-1526 Finance and Manageme t Serv' es DEPARTMENT �-�',5�(o Np 164 � Gary Norstrem CONTACT 292-7016 PHONE September 30, 1985 DATE 1 Q,/�� e ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : Department Director 3 Director of Management/Mayor � Finance and Management Services Director � t City Clerk Budget Director City Attorney HAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Resolution designates First Trust Company of Saint Paul as Paying Agent/Registrar for the 1985 Water Revenue and General Obligation Bond Issues. Cs�� �� ��S 'Q� `°�� ,�-�� °�� . ��``�• COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED. ?�9` �� �a O'Pj+ �4< ��RS � Routine service fees are included in annual Debt Service Budgets. ' �.> � FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under , $10,00Q) Funding Source: Activity Number: � ATTACHMENTS (List and Number All Attachments) : RECEIVED � 1. Council Resolution. OCT 17 1985 OFFICE OF THE DIRECTOR DEPARTMENT OF FMANCE pND MANAGEMENT SERVICES DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resolution Required? Resolution Required? X Yes No Yes No Insurance Required? Insurance Sufficient? /�Yes No Yes No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN SHEET The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or S,pecial Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) l. Department Director , 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTP,�HMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requestQd. _actions) : Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. � �'�'�/.S�� AGREEMENT RELATING TO PAYING AGENCY, REGISTRAR AND TRANSFER AGENCY THIS AGREEMENT made this 6th day of September, 1985, by and between the City of Saint Paul, Ramsey County,. Minnesota (the Registrar) , a corporation duly organized and existing under the laws of the State of Minnesota, WITNESSETH that the Issuer has by resolution adopted August 27, i985, a certified copy of which is attached he,reto as Exhibit A, authorized the issuance of $5,375,000 Water Revenue Bonds , Series 1985A (the Bonds) ; and that the Issuer has designated the Registrar as the paying agent, registrar and transfer agent for-�he Bonds. NOW THEREFORE, the Issuer and the Registrar, each in consideration of the representations , covenants and agreements of the other as set forth herein, mutually represent, covenant and agrees as follows : � -�-•- Section 1. Re�istrar ' s Duties . 1. 1 Register. The Registrar shall keep at its principal corporate trust office a Bond Register in which the Register shall provide for the registration of ownership of the Bonds and the registration of transfers and exchanges of the Bonds entitled to be registered , transferred or exchanged . 1.2. Transfer of Bonds. Upon surrender to the Registrar for transfer o any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in £orm satisfactory to the Registrar duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, together with a guarantee of the signature satisfactory to the Registrar , the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as _ ._�.. ___ __--. .__..._.. __..._.__�..,...�.___ _�.,_._ _._.._ . . _._. __.__�.__________�._. . _. _-�.�..�_,,,A...,..'..�...,,.�...�� , . ��r ������ requested by the transferor . The Registrar may, however , close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until such interest payment date. 1.3 . Exchange of Bonds . Whenever any Bonds are surrendered to the Registrar for exchange the Registrar shall authenticate and deliver the Bonds which, under the authorizing resolution, the owner making the exchange is entitled to receive. 1.4 . Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and retained for a period of two years and thereafter disposed of as directed by the Issuer . 1. 5. Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer , the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or written instrument of tr�nsfer is valid and genuine and that the requested transfer is legally authorized . The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized . 1. 6. Persons Deemed Owners . The Registrar shall treat the person in a�hose name any Bond is at any time registered in the Bond Register as the absolute owner of such Bond , whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of an� interest on such Bond and for a11 other purposes , and all such payments so made to any such registered owner or upon his order shall be valid and eff�ctual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid . 1 . 7. Taxes , Fees and Char�es. For every transfer or exchange of Bonds , the Registrar may impose upon the owner thereof a charge sufficient to pay or reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. 1. 8. Mutilated , Lost, Stolen or Destro ed Bonds . In case any Bond shall become mutilated or be destroyed , stol.en or lost , the Registrar shall deliver a new Bond of like amount, number , maturity date and tenor in exchange and substitutian for and upon canceZlation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed , stolen or last, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and , in the case of a Bond destroyed, stolen or lost , upon filing by the owner with the Registrar of evidence satisfactory to it that such Bond was - 2 - , C�r-�".�i��� destroyed , stolen or lost , and of the ownership thereof, and Upon furnishing to the Registrar of an appropriate bond of indemnity in form, substance and amount as may be required by law and as is satisfactory to the Registrar , in which bond the Issuer and the Registrar shall be named as obligees . All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated , destroyed, stolen or losC Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment, provided that the owner shall first provide the Registrar with a bond of indemnity as set forth above. 1 . 9. Records , St�atements , Payment of Interest and Principal. The Registrar shall : ' (a) keep true and accurate accounts of the outstanding principal balance of the Bonds ; (b) not less than thirty (30) days before the due date of any principal of or �terest on the Bonds, send a statement to the Issuer of the amount which will be required to pay the principal of and interest on the Bonds on such date; ` (c) pay such of the interest on the Bonds as is due on each stated interest payment date, with the funds received from the Issuer, by check or draft __ mailed, no later than the interest payment date, to the� registered owners of the Bonds as of the close of business on the last day (whether or not a business day) of the preceding month, at their addresses as they appear on the Bond Register ; if the Issuer provides the Registrar with sufficient funds to make such payment prior to any interest payment date, the Registrar shall mail such checks or drafts at the close of business on the Iast business day preceding such interest payment date; (d) pay such of the principal of the Bonds as is due on the stated payment dates, with the funds received by the Issuer, upon presentation of the Bonds for payment; (e) forthwith upon presentation and payment of the Bonds cancel the same and retain and dispose of the same in the manner set forth in Section 1.4 hereof; and The Registrar shall not be required to pay interest on any funds of the Issuer for any period during which such funds are held by the Registrar awaiting the presentation of the - 3 - � . _ __ _ .�____.,. _. _ ._.. �. _. _ . _ _ _ _ .._ ._ .__._--:_.._._�..._-.._.-�__..�.�� > . U-� �.�"�/5a� Bonds for payment . Any funds remaining in the possession of the Registrar for payment of the Bonds five (5) years after the date for the payment thereof has expired shall, subject to any applicable escheat law, be returned to the Issuer upon demand. 1. 10. Instructions from Issuer . The Registrar in respect to any matter arising in connection with said agency, may apply to, and act under the instructions of, the Treasurer of the Issuer , and , in respect to any legal question arising in connection with said agency, may apply to, and act under the instructions Of the Saint Paul City .Attorney 1. 11. Delivery of Records to Issuer ; Retention. The Registrar may, from time to time at its discretion, deliver to the Issuer, for safekeeping or disposition by the Issuer in accordance with law, such records accumulated in the performance of its duties as it may deem expedient, and the Issuer assumes all responsibility for any failure thereafter to produce any paper , record or document so returned, if and when required . Section 2. Issuer ' s Duties . 2. 1. Provision of Executed Bonds . The Issuer shall provide the Registrar with such executed Bonds as are required to issue Bonds in exchange for or upon transfer of outstanding Bonds . _ 2.2 . Provision of Funds to Pa Princi al and Interest. The Issuer s a 1 remit to t e Registrar not later t6an five days before payment date, or if in Federal or Collected Funds on or before each interest payment date, the sum needed for payment o€ the Bonds and interest thereon due on said date. 2 .3 . Payment of Fees and Charges of Registrar . The Issuer shall pay to the Registrar reasonable fees and charges for services performed hereunder in accordance with the Registrar ' s fee schedule in effect at the time of the service. The fees and charges of said Registrar shall in no event become a charge against the funds remitted by the Issuer for payment of principal and interest on the Bonds . 2.4. Failure to Provide Funds . If collected funds needed for payment do not reach the Registrar by any interest payment date, payment of items may be refused and the Issuer may be charged for reasonable expenses incurred and extra service performed in accordance with the Registrar ' s schedule in effect at the time of the payment date. - 4 - ,___ . _ - -. .___..._.__.�_ ___ . ._ _ _ . __....m�.�._,..,,�..�..-.�.�.A,..�,,,,. . • { ��=�.�=�.�a � 2 . 5. Ir�demnification. The Issuer shall indemnify and save the Agent harmless from and against any loss , cost, charge, expense, judgment or liability which it may incur in the exercise of its powers and duties hereunder and which are not due to its negligence or default . Section 3. Termination Either party may terminate this agreement by written notice mailed to the other party at least thirty (30) days prior to termi,nation date, upon �ahich event the Registrar shall return all cash and Bonds in its possession to the Issuer or its order and shall deliver the Bond Register to the Issuer or its order , and the Issuer shall pay any accrued and unpaid service cha.rges to the Registrar. IN WITNESS WHEREOF, the Issuer and the Registrar have caused this agreement to be executed in their respective names by their duly authorized representatives , in two counterparts, each of which shall be deemed an original. r��,•� r��-��-=�"" ITY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA ,�:.s,� � � .�.: ��. ssuer � 'F,s�' . 'i�� :��� � y _ _ By ts M r (SEAL) By � ts Director , Department o inance and Manag ent Services FIRST TRUST COMPANY, INC. Regist,�rar . . ,<, / � f�� By �r�l4 Its Vice Pre ide 't (SEAL) � � ���� By ; ; � It ' Ass�istant Secretary � i' ���. ; ) � ,' � , ' , _ , � . � � � � � ;� �� � � -5- ._ .....___ _ _. ..._._.. ..__ .._ , ..._...�_ __. _. _ _._.. .._..... _,_._._....a.T.,�..,__...,_.�,. . ��� �� ,�„ �'���., CITY OF S.AINT PAUL .,. �-� �_ ,i�s=�:::'�� OFFICE OF TI3T CZTY CDU�TCIL :�ic��i:;cti Cam,mitt�e Repart F:i�.an�e. Mana�em�nt & Persannel Cammittee. _y November 7, 1985 `, 1. Approval of minutes from meeting held October 31, 1985. �f�i�QQJ� 2. Resolution approving an amendment to the 1984-85 Collective Bargaining Agreement between the City and AFSCME Local 1842 and Local 2508. �}�C:yF,� 3, ,�a�l�ta,�„pz� �ving agreement����h First Trt�s�..C.Q�a y as Paying Agent, Registrar and Transfer Agency for the 1985 Water Reve u��and General Obligation Bond Issues. �RCy� ' � • �'� Resolution approving the City's participat.ion in the Consolidated Dislocat�d �Vorker Proj�ect and amendi.ng the 1985 Special Fund Budget b adding �SII'U to the Financing Plan and Spending Plan for said project. �P�v� " G 7,.5°`'� 5. Resolution amending the 1985 budget by adding $15, 377 to the Financing Plan and Spending Plan for Public Health-Health Bldg. Maintenance. �f?PRCVF.a 6. Resolution authorizing the issuance of Port Authority Revenue Bonds in the anount � of $2,500,000 to finance the completion of office s ace in the Cruciform Building in Energy Park by Atrium Office Partners. � 7. Resolution amending the 1985 budget by adding $10,900 to the Financing and Spending Plan for Community Services. Pc���V� 8. Administrative Orders: D-7682 (addition of $362,901.50 to the contract for the improvement of Ford Prky. from Mississippi River Blvd. to Howell Street and Cleveland Ave. from Hillcrest to Bayard) and D-7686 (Budget revision in Community Services Dept.) � NO �'riC�ti I{[��.r�'� NOT ON PREPARED AGENDA: Resolution amending the 1985 budget by adding . $154,060 to the Financing and Spending Plan for Special Projects-Police. 14QP/`�allud. CTIY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 a�.aa