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96-1068 S �As�� ` V�'�� Council File # " � °11���q� �1 Green Sheet # 3 1 RESOLUTION CIT O SAINT P UL, MINN�SOTA Presented By Referred To Committee: Date APPROVING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL TRUST INDENTURE AND AUTHORIZING THE USE OF $300,000 OF 1996 TAX-EXEMPT BOND ALLOCATION IN CONNECTION WITH THE AMENDMENT OF THE MINNEAPOLIS/SAINT PAUL HOUSING FINANCE BOARD, SINGLE FAMILY MORTGAGE REVENUE BONDS (MINNEAPOLIS/SAINT PAUL FAMILY HOUSING PROGRAM, PHASE X, FNMA AND GNMA MORTGAGE-BACKED SECURITIES PROGRAM) SERIES 1994. 1 WHEREAS, on November 30, 1994, the Minneapolis/Saint Paul Housing Finance Board 2 (the "Board") issued its Single Family Mortgage Revenue Bonds (Minneapolis/Saint Paul Family 3 Housing Program, Phase X, FNMA and GNMA Mortgage-Backed Securities Program), Series 4 1994 in the aggregate principal amount of $20,000,000 (the "Bonds") pursuant to a Trust 5 Indenture, dated as of November 1, 1994(the "Indenture") between the Boazd and Norwest Bank 6 Minnesota, N.A. as trustee (the "Trustee"); and 7 8 WHEREAS, the Bonds were issued to fund the Board's program (the "Program") of � 9 providing below market interest rate mortgage loan financing primarily to persons of low or 10 moderate income purchasing single family homes to be used as their principal places of residence • 11 and which were located within the geographic limits of the City of Saint Paul (the "City") or the 12 City of Minneapolis; and 13 14 WHEREAS, because of a change in market conditions, the interest rate on mortgage loans 15 permitted to be originated under the Program is no longer competitive; and 16 17 WHEREAS, the Board therefore proposes to enter into a supplemental indenture, with 18 consent of certain bondholders as required by the Indenture, in order to reduce the interest rate 19 on certain of the Bonds, and accordingly to allow for mortgage loans bearing interest at a lower 20 rate to be originated under the Program; and 21 22 WHEREAS, in connection with such amendment, it is necessary and desirable for the 23 Board to cause the specific Bonds to be amended to be sold at a premium, which requires the use 24 of up to $300,000 of the Citv's entitlement allocation of tax-exempt bonding authority; and 25 26 WHEREAS, the Board will hold or cause to be held a public hearing re�arding the 27 issuance of Bonds usin� such allocation as required bv federal tax law; and 28 29 WHEREAS, for purposes of federal tax law, the amendment of the Indenture in the 30 manner contemplated will constitute a reissuance of a portion of the Bonds; 31 32 WHEREAS, the City Council on *'�° a�*° �°-°�� '��� Au�ust 28, 1996 held a public 33 hearing regarding such reissuance of the Bonds as required by federal tax law; and . qb _ �v� 34 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 35 SAINT PAUL: 36 37 1. The amendment of the Indenture in the manner described above, and specifically 38 in the form approved or to be approved by the Board, is hereby approved. 39 , 40 2. Be it further resolved that there is hereby authorized and approved the use b� 41 Board in connection with the Bonds of up to $300.000 of the City's 1996 allocation of tax- 42 exempt bondin� authoritv. 43 44 3. Be it further resolved that the Mayor and City Clerk, and other officers of the City 45 are authorized and directed to prepare and furnish in connection with the amendment of the 46 Indenture and the use of such entitlement allocation, certified copies of all proceedings and 47 records of the City relating to the Bonds and such amendment, and such other �davits and 48 certificates (including but not limited to those required by bond counsel) as may be required to 49 show the facts relating to the legality, continuing tax exemption and marketability of the Bonds 50 as such facts appeaz from the books and records in said officer's custody and control or as 51 otherwise known to them; and all such certified copies, certificates and affidavits, including any 52 heretofore furnished, shall constitute representations of the City as to the truth of all statements 53 made on behalf of the City and contained therein. The Mayor and City Clerk and said officers 54 are further authorized to execute such additional documents as shall be determined to be 55 necessary and desirable to provide for the amendment of the Indenture, the use of the Citv's 56 entitlement allocation and the transactions related thereto. ° 57 58 3 4. Be it further resolved that in the event any of the officers of the City authorized " 59 to execute documents on behalf of the City under this resolution shall for any reason be unable 60 to do so, any member of the City Council, or any other officer of the City, is hereby directed and 61 authorized to do so on behalf of the City, with the same effect as if executed by the officer 62 authorized to do so in this resolution. � Navs Absent Requested by Department of: uerin � arris e ar �r t�.t ra �" ettman � une —T7� a ev BY� Adopted by Council: Date p p Form Approved by City Attorney Adoption Certified by Council Secretary BY: BY� - - Approved by Mayor for Submission to Council Approved by Mayor: Date Ir �-- BY: dr� (C By: � -- - �t�— tc���' 1. T . . V V V �� /OFFICFJC�UNCIL DATE INITIATED P.E.n. 8/13/96 GREEN S ET�_ CONTACT PERSON 6 PHONE �NITI — INITIAI/DATE �DEPARTMENT DIRECTOR �CITY COUNCIL Kat Lindblad, 266-6614 ASSIGN �CITYATfORNEY �CITYCLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR BUDaET DIRE �FIN.8 MGT.SERVICES DIR. ROUTING ORDER MAYOR(OR ASSISTANn 8/28/96 Public Hearin i 70TAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) 2 Tom Meyer� ACt10N REQUESTED: Approval of execution and delivery of a supplemental trust indenture to restructure Phase X of the Minneapolis/Saint Paul Housing �ance Board First-Time Home Buyer Program. RECOMMENDATIONS:Approve(A)or Reject(R) pER80NAl SERVICE CONTRACTS MUST ANSWER THE FOLLOWING GUESTIONB: _PLANNINQ COMMISSION _ CIVIL SERVICE COMMISSION �• Hes this person/firm ever worked under a contract for this department? _CIB COMMITrEE _ YES NO 2. Has this person/firm ever been a city employee? _STAFF — YES NO _DIS7RIC7 COURT _ 3. Does this person/firm possess a skill not normall y possessed by any current cNy employee4 SUPPORTS WHICH COUNCIL OBJECTIVEI YES NO Explaln ell yss answen on aeparats sh�et and ettach to yrs�n sheat INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): In November 1994, the cities of Minneapolis and Saint Paul launched Phase X of their joint first-time home buyer program with the issuance of $20 million in ta�c-exempt revenue bonds. The initial 8.57 interest rate has become less attractive as private market rates have droppe . The finance team is negotiating with the major existing bond holder to drop the rate on the 2027 term bond, enabling the program to offer an interest rate to first-time home buyers belo 7.57. ADVANTA(iES IF APPROVED: 1. Provides attractive financing to first-time home buyers as an incentive for them to purchase a home in Saint Paul. 2. Lower interest rate makes home ownership affordable to a broader range of incomes. 3. Valuable tax-exempt mortgage revenue bond resource preserved and used. 4. Lower cost alternative to refunding entire outstanding bond balance. DISADVANTA�ES IF APPROVED: REC���'��1 p„� �, c� AUG 1� 1996 AUG 2 � 1�,�� �TTQRNE1f DISADVANTAGES IF NOT APPROVED: "`"" ' 1. Phase X will likely not originate all proceeds. 2. Future programs less attractive to bond investors due to unsuccessful originations in Phase X. TOTAL AMOUNT OF T ANSACTION COStS of issuance NTE COST/REVENUE BUDGETEO(CIRCLE ONE) YES NO � 11zj�6�� $3}$�$� to be fundedfrom bond residuals FUNDItaG SOURCE � Phase II bond residual s ACTIVITY NUMBER � � �'`O�d FINANCIAL INFORWfAT10N:(EXPLAIN) .��.� �� . y �� - /b�' Interdepartmental Memorandum CiTY OF SAINT PAUL �� TO: City Councilmembers FROM: Katy Lindblad DATE: September 5, 1996 SUBJECT: Substitute Resolution No. 96-1068 � As you may recall, staff requested that item #86 on the August 28, 1996 City Council agenda be laid over until September 11, 1996 (now scheduled as item # 45). The layover was requested because the original restructuring proposed for Phase X of the joint Saint PauUMinneapolis First-Time Home Buyer Program was rejected by the principal bondholder. The finance team has developed a new financial restructuring, acceptable to this bondholder, that is explained in detail in the Springsted Incorporated report attached to your September 11 HRA Board Report on this same item. The -� attached substitute resolution is offered as a companion to this HRA action. cc: Nancy Anderson Mary Erickson Tim Marx � • �' � o� , '�., Council File # b — Green Sheet # 38677 � RESOLUTION � CITY F INT PAUL, MINNESOTA /1� `T Presented By Referred To Committee: Date APPROVING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL T ST INDENTURE IN CONNECTION WITH THE NIINNEAPOLIS/SAINT PAUL HOU G FINANCE BOARD, SINGLE FAMII.Y MORTGAGE REVENUE BONDS (NIINNEAPOLIS/SAINT PAUL FAMII.Y HOUSING PROGRAM, PHASE X, AND GNMA MORTGAGE-BACKED SECURITIES PROGRA1Vn SERIES 1994. �� 1 WHEREAS, on November 30, 1994, the Minneapolis/Saint Paul sing Finance Board (the 2 "Board") issued its Single Family Mortgage Revenue Bonds (Minneapo ' /Saint Paul Family Housing 3 Program, Phase X, FNMA and GNMA Mortgage-Backed Securities P gram), Series 1994 in the 4 aggregate principal amount of$20,000,000 (the "Bonds") pursuant a Trust Indenture, dated as of 5 November 1, 1994 (the "Indenture") between the Board and Norw st Bank Minnesota, N.A. as trustee 6 (the "Trustee"); and 7 8 WHEREAS, the Bonds were issued to fund the Boar s program (the "Program") of providing 9 below market interest rate mortgage loan financing prim ' y to persons of low or moderate income 10 purchasing single family homes to be used as their prin ' al places of residence and which were 11 located within the geographic limits of the City of Sa' Paul (the "City") or the City of Minneapolis; 12 and 13 14 WHEREAS, because of a change in mar t conditions, the interest rate on mortgage loans 15 permitted to be originated under the Program ' no longer competitive; and 16 17 WHEREAS, the Board therefore pr oses to enter into a supplemental indenture, with consent 18 of certain bondholders as required by th ndenture, in order to reduce the interest rate on certain of 19 the Bonds, and accordingly to allow fo mortgage loans bearing interest at a lower rate to be 20 originated under the Program; and 21 22 WHEREAS, for purposes f federal t� law, the amendment of the Indenture in the manner 23 contemplated will constitute a r issuance of a portion of the Bonds; 24 25 WHEREAS, the Ci Council on the date hereof has held a public hearing regarding such 26 reissuance of the Bonds required by federal tax law; and 27 28 NOW, 'THE ORE, BE IT RESOLVED BY TI� CITY COUNCIL OF THE CITY OF 29 SAINT PAUL: 30 31 l. e amendment of the Indenture in the manner described above, and specifically in the 32 form approve or to be approved by the Board, is hereby approved. 33 34 2. Be it further resolved that the Mayor and City Clerk, and other officers of the City are 35 authorized and directed to prepare and furnish in connection with the amendment of the Indenture, � �� �' � RIGl �lAL �� - �o�� � 36 certified copies of all proceedings and records of the City relating to the Bonds and such amendment, � 37 and such other affidavits and certificates (including but not limited to those required by bond counsel)y� � 38 as may be required to show the facts relating to the legality, continuing tax exemption and 39 marketability of the Bonds as such facts appear from the books and records in said officer's custnr�y 40 and control or as otherwise known to them; and all such certified copies, certificates and affida�its, 41 including any heretofore furnished, shall constitute representations of the City as to the ttuth,,�i�f all 42 statements made on behalf of the City and contained therein. The Mayor and City Clerk��d said 43 officers are further authorized to execute such additional documents as shall be determiq�d to be 44 necessary and desirable to provide for the amendment of the Indenture and the transa�ions related 45 thereto. �� 46 �i;�,� 47 3. Be it further resolved that in the event any of the officers of tl�'City authorized to 48 execute documents on behalf of the City under this resolution shall for any r�ason be unable to do so, 49 any member of the City Council, or any other officer of the City, is hereb�G'directed and authorized to 50 do so on behalf of the City, with the same effect as if executed by the o�cer authorized to do so in 51 this resolution. � � �! i` � Yeas Na Absent Requested by Department of: uerin arris e ar Planni and Economic Development ostrom ettman une By: a ev Form App d by Cit t rney Adopted by Council: Date Adoption Certifi by Council Secretary g�,: BY� Approved by Mayor for Submission to Council Approved by Mayor: Date By: � By: