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275244 WHITE - CITY CLERK ����� PINK - FINANCE GITY OF SAINT PALTL Council CANARV - OEPARTMENT ,�BLUE r- MAVOR File NO. .ncil Resolution Presented By y�' Referred To Committee: Date Out of Committee By Date RESOLUTION ESTABLISHING PROCEDURES AND FEES FOR APPLICATIONS FOR TAX EXEMPT INDU5TRIAL, COMMERCIAL AND HOUSING REVENUE BONDS OR NOTES UNDER MINNESOTA STATUTES (CHAPTERS 462,462C AND 474 AND CHAPTER 260 LAWS OF MINNESOTA, 1975) WHEREAS, the City of Saint Paul (City) has been granted the power to issue Industrial, Commercial and Housing Revenue Bonds under Minnesota Statutes (Chapters 462, 462C and 474 , and Chapter 260 , Laws of Minnesota, 1975) , as amended, and City of Saint Paul, Minnesota, Ordinances and Resolutions; and WHEREAS, the City Council is aware that such financing is intended to prevent the emergence of blighted land, excessive unemployment, and the need for redevelopment financing from the � State and Federal governments and has expressed its support for the use of such financing, but has reserved the right to approve or reject projects on a case-by-case basis, taking into account among others the following factors: (1) The extent to which the project is compatible with the overall development plans and objectives of the City and of the neighborhood in which the project is located. (2) The extent to which the project provides a needed product or service to the City's residents. (3) The extent to which the project adds to the City's tax base and/or to the City's employment. CQUNCILMEN Requested by Department of: Yeas Nays Butler P Economic Develo ment) Hozza [n Favor Hunt L.avine __ Against BY Maddox Showalter Tedesco Form A pprove by City At ne Adopted by Council: Date � Certified Passed by Council Secretary BY By �lpproved by iNavor: Date _ Ap rov y Mayor fo u i ' n to Council �� Bv - -- BY . - � 2����� z. (4) The extent to which the applicant has substantial financial standing and the project demonstrates that it is financially sound and can service the required debt. (5) The extent to which the proposed issue may be readily marketed or placed, based upon repayment limited to project revenues with or without applicant's guarantee, with knowledgeable and experienced purchasers. (6) The extent to which the structure of the issue, form and face amount of the instruments , and method of marketing the instruments, consistent with the circum- stances of the project and feasibility of the particular issue, are calculated to involve initial issue and subsequent transfers of the instruments to knowledgeable and experienced purchasers. WHEREAS, the staff of the Department of Planning and Economic Development recommends that the City Council set certain procedures and fees for applications for such financing in order to better manage and operate the City' s financing programs. l. ) NOW THEREFORE, BE IT RESOLVED that the following preliminary approval procedures be established for applications for tax exempt financing under Minnesota Statutes Chapter 462 , 462C and 474 and Minnesota Laws , 1975, Chapter 260 : (a) Application for finaneing shall be made pursuant to the Saint Paul TAX-EXEMPT PROCEDURAL MANUAL. The application shall first be reviewed by the staff of the Department of Planning and Economic Development (PED) . Applications for housing financing shall be submitted to the Director of Projects , Renewal Division of PED, applications for industrial or commercial developments shall be submitted to the Director, Economic Developrnent Division of PED. (b) Applications shall meet all requirements with respect to City Codes (building plans and specifications, zoning, platting, streets, utility service and Development Controls if applicable, etc. ) (c) The applicant shall select qualified financial consultants and/or underwriters or services of a qualified lending institution. All applications shall be accompanied by a preliminary financial analysis by the underwriter, financial consultant, or lending institution regarding the economic soundness of the applicant, the financial strength of the applicant, the feasibility of the project (including security) , a description of the financial standing of any guarantors, the source and application , ����� 3 . of any reserve funds, and the marketability of the financing instruments. The City Council expects to rely on the opinion of such experts. (d) The applicant shall furnish, as part of the application, a description of the project, plat plan, rendering of proposed building, a brief description of the applicant's company or developer, and the proposed sources and uses of funds for financing of the total project. (e) The applicant shall submit a timetable for completion of the financing of the project as part of the applica- tion. Any major deviation from that timetable will justify reconsideration of the project at the sole discretion of the City Council. Generally 4 months or more will be construed as a major deviation, but a shorter time period for a particular issue may be justified. The City does not in any way guarantee the developer' s schedule or the proposed timetable for issuance of notes or bonds. (f) After applications have been reviewed by the staff of the Department of Planning and Economic Development, a recommendation shall be made by such staff to the City Council. (g) A public hearing will be authorized by the City Council to review and discuss the application prior to prelimi- nary approval. The district or neighborhood in which the project is located will be notifed of the time, location and date of the public hearing. Legal notice of the public hearing will be published in accordance with law not less than 15 days, nor more than 30 days, prior to the hearing. (h) On or before the date of publication, applicant shall have provided to the Department of Planning and Economic Development a draft copy of the application for approval by the Commissioner of Securities (or for approval by the Minnesota Housing Finance Agency, as appropriate) with all needed attachments, so that said draft copy may be reviewed by the staff of the City's Department of Planning and Economic Development and be available for review by the public. (i) After the public hearing has been completed, a decision on whether or not to grant preliminary approval will be made by the City Council. (j) The applicant and its consultants, counsel and/or under- writer will work with City bond counsel, City Departments of Finance and Management Services and Planning and ' ' . • �i������ 4 . Economic Development, the City Attorney, and the City' s Fiscal Consultant in the preparation of documents and all other actions necessary to the proposed issue. (k) The applicant will furnish to City, before City Council consideration of the sale or of the final resolution, a contract commitment by an underwriter to purchase the issue for public or private sale, or a commitment from the lending institutions to accept private placement of the tax exempt note. 2.) BE IT RESOLVED FURTHER that the following administrative procedures, costs and fees be established for applications for tax exempt financing: (a) The City Council reserves the right to deny preliminary approval for financing, or to modify or reverse any prior approval of such financing at any state of the proceedings prior to delivery of the Notes or Bonds for cause pursuant to findings made by the City Council. (b) The City Attorney will appoint bond counsel on a project by project basis. The applicant will be responsible for the payment in full of services rendered by bond counsel. In the event that the financing is not completed on a project, the applicant shall pay bond counsel for services rendered up to the point of project termination. (c) The applicant shall be responsible for all of its own costs and for expenses in connection with the appli- cation, and shall be responsible for all out-of-pocket expenses of the City, City Attorney and Department of Finance incurred in connection with the application and proposed issue and project. (d) In addition to bond counsel fees and City out-of-pocket expenses the applicant shall reimburse the City', City Attorney and Department of Finance for staff time charged to the application and project. To cover staff time charges, an application fee will be due the City prior to authorization of public hearing, based on the following schedule: Tax exempt financing of $1, 000,000 or less . . $2,000 fee Tax exempt financing in excess of $1,000, 000 . $5,000 fee All staff time charges, out-of-pocket expenses, including City Finance Department and City Attorney fees and expenses 5. ����� will be charged against this fee. The unused portion of the application deposit, if any, will be returned to the applicant at closing or at the time of project withdrawal/termination. In addition, a service fee of 1� will be due the City payable 1/2 ( . 5°s) on the closing date and 1/2 ( . 5�) on the first anniversary date of the closing. Thereafter on each subsequent anniversary date a sum equal to one-tenth of one percent ( .l�) of the average monghly balance of the Outstanding Bonds or Notes shall be due the City; provided however, that such amounts shall be reduced if necessary to comply with applicable arbitrage regulations under Section 103 (c) of the Internal Revenue Code of 1954 as amended. (e) All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and/or public review under applicable provisions of State law. 3. ) BE IT RESOLVED FURTHER that the form and structure of the financing instruments shall meet the following conditions: (A. ) Privately-Placed Mortgage Notes (i) Financing shall be committed before closing. (ii) The mortgage note(s) shall be placed with a single or multiple financial institutions. (B. ) Registered Revenue Bonds (i) Financing shall be committed before closing. (ii) The bonds shall carry the appropriate notation legending the restrictions on transfer of the bonds contained in the investment letter. (iii) The bonds shall carry the appropriate notation legending the restrictions on transfer of the bonds contained in the investment letter. (iv) A representation from the underwriter that the offering complies with .statutory requirements. for an offering exempt from registration under Blue Sky laws of the States in which the offerings were made �' OM O1: 12/1975 • ' ���i-�� � �-8,76 e �r ko-O i a EXPLANATION OF ADMINISTRATIVE ORDERS ���'��eU� � �Oyk�� RESOLUTIONS, AND ORDINANCES � ' . �� fi.7��' � 3• ��.�' � Date: June 17, 1980 � ' � � � � I � � D J U N 1 �1980 �MIA�R'S O�C� T0: MAYOR GEORGE LATIMER FR: Maureen McAvey �� `� �; Resolution Establ�shing Procedures and Fees for Applications for Tax Exempt Industrial� Commernial an�d Housing Revenue Bonds or Notes i • � � s e Q �I . a�. b � � �t a�.d. ��cd� �-� y � pat I�Ar�ci �rtu • ACTION REQUESTED: Approval of attached resolution to establish procedures and fees for applications for tax exempt industrial, commercial and housing revenue � bonds or notes for City of Saint Paul. PURPOSE AND RATIONALE FOR THIS ACTION: To give the City of Saint Paul-Department of Planning and Economic Development- authorization to approve the issuance of tax-exempt revenue bonds or notes in accordance with attached resolution. � . � � � � � � � . . . . .A �! ATTACHMENTS: Council Resolution , - - __ _ ._ ,,. .. :..._ WMITE - C�TV CLERK C011I1C11 �75244 PINK � - FINANCE G I TY O F SA I NT PA U L CANARV - OEPARTMENT C,��y At�y�DM File N 0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 6. (C. ) Bearer Revenue Bonds wiil only be issued by public offerings and will require: (i) An official statement (ii) A rating by a recognized rating agency if required by the City's Finance Director, but nothing herein is intended to proclude the underwriter from obtaining such rating(s) as it may see fit. COUIVCILMEIV Requested by Department of: Yeas H n�ys u er �� CJ (n Favor Fn �Economic Developme � za H t Maddox B ' � ���---- McMahon _ � __ Against Y � � - _-.� M dox Iter Sh r Tede o e co . o� fUL � 0 1980 Form Approve by Cit orney _ Ad ed by ounci • Date < Certified ed b .' �Secret y BY �� /� � --� -L " ���� App by Mayor f u ission to Council l#p d b :Vlavor: By – — BY �usN� JU N 19 1980 , �� , ...� .::•,- _, +C�TY .OF SAI?'v''T' ��..U�. �d���� .. , _ - � �• OFFICE OF THE CZTY COUi�T�GZI. ,�'�� j ,.,,.:•.- - '�"�'''.....,.u,- y� s�s�,.,�r�,. -_ - ar� Dote : JUIy 7, T980 co � � ��-�r� E � � � a ��- TO : Saint Pauf Gity Councii _ F�OI�J1 � C4tt1171f1�Ee Ott FINANCE, PIANAGEMENT & PERSONNEL t George McMahon , chairman, makes the fo[t�vwing - � repart on C.F. ❑ Ordinance (14) � Regalu�ior� , �J o�r�e� - T1TLE : . The rinance Committee, at its meeting of July 3, 19�0, recomnerrded approval of the following: : 1 . Resolution transferring funds from Contingent Reserve ta Mediation Expense Accaunt to provide funding for payments to outside counsel fn conflfct af ir�terest cases. (11068-GM) Z. Resalution establishing the title of Clinical Program Manager-Physician in - Section 3.M (Special Employment) of the Civil Service Rules and establishing in Section 32 a class specification for title, and abolishing title and specificatiar�s for Medical Examiner. (11Q87-GM) 3. Resolution establishing in: Section II B (Special Emptoyments} the rate of pay far new ti tl e of C1 i ni cal Frogram Mlanager-Phys i ci an. (11085-(�1) 4. Resolution establishing the �itle of Clinfc Physician Tn Seetion 3.M (Special Employment) of the Civi1 Service Rules and establishing in Section 32 a class • specification far title, and abolishing title of MedicaT' Examiner (G1lnzcs Only). (1i088-GM) . 5. Resolution establishing in Section II B (Special Employmerrts) the rate of pay for new title of Clinic Physician and abolishipg rate of pay for Medical Examiner (Clinics Only). (11086-GM) fi. Resolution changing grade for Director of Medical Services in Section 3.K (Professional-Administrative Supervisars Group) from Grade 3� to 39. (11089-GM) 7. Resolution transferring $4,400 from Contingent Reserve to pay for city's share of flnancing audits of operations of Corr�nunity Glirrics during 1979. (T1090-GM) (--CONTINUED--) CITY :ir1LL SEVENTH FLOOR SAIIYT PAUL, MI?v�fESO'I':1 SSIO? ',y�,� . ""� .,r _. VZ����� �1�l.Z1�� .1�r'�..��t �'�.r�'��;:� s. ,_'' r��, �:,5 f O�+FIL'E OF 3'HE CITY �OIIiYCIL � ���� - :.;.�..y.. ,,.�,��� Oa t e : Ju1y 7, 198E3 COi� � lTr� � REPfl �T � To : Saint PQUt city counc;E �ROM � Cammif�e� on FINANCE, MANAGEMENl' & PERSONNEL - George McMahon ' , chairman, makes the fattowing � � report on C.F. [� ardinance � Q RESOtution � Qther TITLE : � (Continued from other page) - _:-__ --__— . . 8. Resolution approving Agreements between the City, IUOE Local.s 36 &� q67, Cer�r�t Masons Local. 560, and the Classified Confidential Employees Associatian amerrding the City Mileage Article in the respective current`Agreement. (11099-GM) 9. Resolution establishing procedures and fees for applTCations for- Tax .Exempt Industrial , Comnercial and Housing Revenue Bonds or Notes. ..(11100-Gt�� 10. Resolution allowing proper City officers to issue duplicate bond tQ repTace lost- bond. (.11101-GM) - �. 11 . Resolution allowing proper City officers to issue duplicate hond to replace last bond. (11105-GM) - � � . 12. Resolution allowing Trustee of City to provide payment ta hajder of boncf for one co�pon that� was lost. , (11107-Gf�1) � 13. Resolution approving agreement between City of Saint PauT and the Saint Paul Housing and Redevelopment Authority which will aliow FkRA to implement certain CDBG Year VI activities. � 14. Budget Amendments in CD Years II, III and IV Programs. ��� ��-L SEVENTF�I FLCOR SAIN'f PALTL, �4IIt`NESOTA 5�IO2 `�� _ .:�r _