Loading...
98-134QR�GINAL Presented 6y Referred To Council File # \� ��3� Green Sheet # ��y r7 1 RESOLUTtON CiTY OF SAINT PAUL, MINNESOTA Committee: Date �S AMENDING A RESOLUTIQN AUTHORIZING A TP.XABI,E GENERAL OBLIGATION COMMERCIAL PAPER PROGRAM (ARENA PROJECT) WHEREAS, the City of Saint Paul, Minnesota (the "City") adopted Council File No. 97-1534 on December 17, 1997, which authorized issuance of the City's Taxable General Obligation Commercial Paper Notes iArena Project) and a Taxable General Obligation Bank Note (Arena Projectl (the "Authorizing Resalution"); and WHEREAS, the City desires to amend certain provisions of the Authorizing Resolution at the request of Standard & Poor's RaCings Group to provide that (a) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date of (as defined in the Credit Agreement), and (b) that the City will not authorize the issuance of any Commercial Paper Notes if a Special Event of Default (as defined in the Credit Agreement) has occurred and is continuing. NOW, TAEREFORE, BE IT RESQLVED by the City Council of the City of Saint Paul, Minnesota, as follows: Paragraphs 3 and 4 of Section 2.02 of the Authorizing Resolution are hereby amended to add the underscored language and to read as follows: "3. The Commercial Paper Notes shall otherwise have such terms and conditions as shall be set forth in a Request to be given or delivered pursuant to SeCtion 2.03 hereof in connection with the issuance of the Commercial Paper Notes; provided, however, that unless the City shall adopt an appropriate supplement to this Resolution amending the following parameters, each Commercial Paper Note: (i) shall bear interest at an annual rate (calculated on the basis of a 365 or 366 day year and on a basis of actual days elapsed) not in excess of an interest rate of lso per annum, (ii) shall mature not more than 270 days after the date of issuance thereof, and in no event later 375741.1 OR1G{NAL 1 than �� -13`� 2 Date (as de£ined in the Credit Agreement), (or, if such 3 day is not a Business Day (as defined in the Credit k Agreement), the next preceding Business Day), and 5 s (iii) shall have a purchase price of not less than 100% 7 of the principal amount thereof, less any fee to the Dealer. s s 4. No Commercial Paper Note shall be issued pursuant 10 to this Resolution unless, at the time of such issuance, (i) 17 the aggregate principal amount of al1 Commercial Paper Notes �2 and all Bank Notes then Outstanding, after giving effect to i3 (a) the issuance of Commercial Paper Notes and borrowings 1a with respect to Bank Notes on such date and (b) the 15 application of the proceeds thereof by deposit into the CP is Note Payment Account or the Debt Service Account, as Che i� case may be, is equal to or less than the greater of 18 $33,500,000, (ii) the aggregate principal amount of all 1s Commercial Paper Notes Outstanding after giving effecC to 20 (a) the issuance of Commercial Paper Notes and borrowings 21 with respect to Bank Notes on such date, and (b) the 22 application of the proceeds thereof by deposit into the CP 23 Note Payment AccounC or the Debt Service Fund, as the case z4 may be, will be equal to or less than the unused available 25 amaunt of the Hanks' commitment under the Credit Aqreement, 26 27 28 2s 30 31 32 33 34 35 36 �reait Acrreement) rias occurred and is continuing. For subsection 4 of this Section 2.03, the proceeds o£ Commercial Paper Notes and borrowings with respect to Bank Notes deposited into Che CP Note Payment Account or Che Debt Service Account, as the case may be, shall not be taken into account in the foregoing calculaCions unless such proceeds are used on the date of the issuance of the Commercial Paper Notes to pay maturing Commercial Paper Notes or Bank Notes, as the case may be." 375741.5 ORlGlNAL °'g''y`� 1 This Resolution shall be effective upon adogtion by the City 2 Council. By: Approved by By: by Council Secretary Requested by Department of: By:C`-� � � � Form Ap�{oved by Ciry Attomey B �� � G 375741.1 Adopted by Council: Date � � - � � �� � qg-�3y rnanagemencservice� ERSON 8 PFiONE . I�t3�L�S■a� •a � uESnrtr�@l! oaeKTTOrt K No 60951 CIIYCOIlIM. „�N �. �`a-��-y�❑ ,s96 xw.eGxcort �arvwnoxeff„ a„rc�sxK xanir� �� cw,xausEav�ccson cM.xcu�acav�acRc ❑3 wroxtoaasxsrwrt� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) Atlached resolufion amends resdution CF97-15�3 autlwri2ing a Taxable Generdl Obligation Commercial Paper Prog2m (Arena Projeet) These are technical changes requested by Standard a� Pooi's and do nof effect the Arena Commercial Paper Prog2m in any other way. PLANNING CAMMISSION CIB COMMITfEE CML SERVICE COMMISSION GREEN SHEET i50XILL SERVIGE GON'IRAGlS MUST ANSWER TNE iOLLOWING QUESTIONS: Has ihis Pe�����rtn everwoifced untler a wniratt for ihis depahmerR? YES NO Has this pe�soNfirm ever been a city employee? YES NO 3. Oces this persoMrtn possess a sldll not nortnalypossessetl by any current cdy empbyee� �tlAYO�'S O�r� E res no 4. Is this personlfirm a Yargetetl vendoYT VES NO MAR 04 answere on seoarate shee[ and attach to areen sheet At the request of Standard and Pools Rating Group the follrnving amendments are proposed: 1) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date (as defined in the Credk Agreement), and 2) the City will not authorize the issuar�ce of Commerciai Paper Notes it a special event ot defauN (as defined in tFie Credit /{greemeM) has occuved and is continuing. Issues reised by SWndard and Poors will be addressed. Standard and Poor's requested these changes befine they wouW rate the notes. H was too Iate to insert ihe language in the adopting resolution therePore this amending resolution has been prepared by bond counsel. None. The GHys cred'R rating with Standard and Poo�'s (AA+) may be jeopardized. AApUNT OF TRANSAC710N S AC7NITY NUMBER � _ r M r (CIRCLE ON� YES NO �i'�UY�.:$ �Aei �S �+'.?f!�°r FlNANCIqL WFORMATION {EXPLAIN) QR�GINAL Presented 6y Referred To Council File # \� ��3� Green Sheet # ��y r7 1 RESOLUTtON CiTY OF SAINT PAUL, MINNESOTA Committee: Date �S AMENDING A RESOLUTIQN AUTHORIZING A TP.XABI,E GENERAL OBLIGATION COMMERCIAL PAPER PROGRAM (ARENA PROJECT) WHEREAS, the City of Saint Paul, Minnesota (the "City") adopted Council File No. 97-1534 on December 17, 1997, which authorized issuance of the City's Taxable General Obligation Commercial Paper Notes iArena Project) and a Taxable General Obligation Bank Note (Arena Projectl (the "Authorizing Resalution"); and WHEREAS, the City desires to amend certain provisions of the Authorizing Resolution at the request of Standard & Poor's RaCings Group to provide that (a) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date of (as defined in the Credit Agreement), and (b) that the City will not authorize the issuance of any Commercial Paper Notes if a Special Event of Default (as defined in the Credit Agreement) has occurred and is continuing. NOW, TAEREFORE, BE IT RESQLVED by the City Council of the City of Saint Paul, Minnesota, as follows: Paragraphs 3 and 4 of Section 2.02 of the Authorizing Resolution are hereby amended to add the underscored language and to read as follows: "3. The Commercial Paper Notes shall otherwise have such terms and conditions as shall be set forth in a Request to be given or delivered pursuant to SeCtion 2.03 hereof in connection with the issuance of the Commercial Paper Notes; provided, however, that unless the City shall adopt an appropriate supplement to this Resolution amending the following parameters, each Commercial Paper Note: (i) shall bear interest at an annual rate (calculated on the basis of a 365 or 366 day year and on a basis of actual days elapsed) not in excess of an interest rate of lso per annum, (ii) shall mature not more than 270 days after the date of issuance thereof, and in no event later 375741.1 OR1G{NAL 1 than �� -13`� 2 Date (as de£ined in the Credit Agreement), (or, if such 3 day is not a Business Day (as defined in the Credit k Agreement), the next preceding Business Day), and 5 s (iii) shall have a purchase price of not less than 100% 7 of the principal amount thereof, less any fee to the Dealer. s s 4. No Commercial Paper Note shall be issued pursuant 10 to this Resolution unless, at the time of such issuance, (i) 17 the aggregate principal amount of al1 Commercial Paper Notes �2 and all Bank Notes then Outstanding, after giving effect to i3 (a) the issuance of Commercial Paper Notes and borrowings 1a with respect to Bank Notes on such date and (b) the 15 application of the proceeds thereof by deposit into the CP is Note Payment Account or the Debt Service Account, as Che i� case may be, is equal to or less than the greater of 18 $33,500,000, (ii) the aggregate principal amount of all 1s Commercial Paper Notes Outstanding after giving effecC to 20 (a) the issuance of Commercial Paper Notes and borrowings 21 with respect to Bank Notes on such date, and (b) the 22 application of the proceeds thereof by deposit into the CP 23 Note Payment AccounC or the Debt Service Fund, as the case z4 may be, will be equal to or less than the unused available 25 amaunt of the Hanks' commitment under the Credit Aqreement, 26 27 28 2s 30 31 32 33 34 35 36 �reait Acrreement) rias occurred and is continuing. For subsection 4 of this Section 2.03, the proceeds o£ Commercial Paper Notes and borrowings with respect to Bank Notes deposited into Che CP Note Payment Account or Che Debt Service Account, as the case may be, shall not be taken into account in the foregoing calculaCions unless such proceeds are used on the date of the issuance of the Commercial Paper Notes to pay maturing Commercial Paper Notes or Bank Notes, as the case may be." 375741.5 ORlGlNAL °'g''y`� 1 This Resolution shall be effective upon adogtion by the City 2 Council. By: Approved by By: by Council Secretary Requested by Department of: By:C`-� � � � Form Ap�{oved by Ciry Attomey B �� � G 375741.1 Adopted by Council: Date � � - � � �� � qg-�3y rnanagemencservice� ERSON 8 PFiONE . I�t3�L�S■a� •a � uESnrtr�@l! oaeKTTOrt K No 60951 CIIYCOIlIM. „�N �. �`a-��-y�❑ ,s96 xw.eGxcort �arvwnoxeff„ a„rc�sxK xanir� �� cw,xausEav�ccson cM.xcu�acav�acRc ❑3 wroxtoaasxsrwrt� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) Atlached resolufion amends resdution CF97-15�3 autlwri2ing a Taxable Generdl Obligation Commercial Paper Prog2m (Arena Projeet) These are technical changes requested by Standard a� Pooi's and do nof effect the Arena Commercial Paper Prog2m in any other way. PLANNING CAMMISSION CIB COMMITfEE CML SERVICE COMMISSION GREEN SHEET i50XILL SERVIGE GON'IRAGlS MUST ANSWER TNE iOLLOWING QUESTIONS: Has ihis Pe�����rtn everwoifced untler a wniratt for ihis depahmerR? YES NO Has this pe�soNfirm ever been a city employee? YES NO 3. Oces this persoMrtn possess a sldll not nortnalypossessetl by any current cdy empbyee� �tlAYO�'S O�r� E res no 4. Is this personlfirm a Yargetetl vendoYT VES NO MAR 04 answere on seoarate shee[ and attach to areen sheet At the request of Standard and Pools Rating Group the follrnving amendments are proposed: 1) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date (as defined in the Credk Agreement), and 2) the City will not authorize the issuar�ce of Commerciai Paper Notes it a special event ot defauN (as defined in tFie Credit /{greemeM) has occuved and is continuing. Issues reised by SWndard and Poors will be addressed. Standard and Poor's requested these changes befine they wouW rate the notes. H was too Iate to insert ihe language in the adopting resolution therePore this amending resolution has been prepared by bond counsel. None. The GHys cred'R rating with Standard and Poo�'s (AA+) may be jeopardized. AApUNT OF TRANSAC710N S AC7NITY NUMBER � _ r M r (CIRCLE ON� YES NO �i'�UY�.:$ �Aei �S �+'.?f!�°r FlNANCIqL WFORMATION {EXPLAIN) QR�GINAL Presented 6y Referred To Council File # \� ��3� Green Sheet # ��y r7 1 RESOLUTtON CiTY OF SAINT PAUL, MINNESOTA Committee: Date �S AMENDING A RESOLUTIQN AUTHORIZING A TP.XABI,E GENERAL OBLIGATION COMMERCIAL PAPER PROGRAM (ARENA PROJECT) WHEREAS, the City of Saint Paul, Minnesota (the "City") adopted Council File No. 97-1534 on December 17, 1997, which authorized issuance of the City's Taxable General Obligation Commercial Paper Notes iArena Project) and a Taxable General Obligation Bank Note (Arena Projectl (the "Authorizing Resalution"); and WHEREAS, the City desires to amend certain provisions of the Authorizing Resolution at the request of Standard & Poor's RaCings Group to provide that (a) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date of (as defined in the Credit Agreement), and (b) that the City will not authorize the issuance of any Commercial Paper Notes if a Special Event of Default (as defined in the Credit Agreement) has occurred and is continuing. NOW, TAEREFORE, BE IT RESQLVED by the City Council of the City of Saint Paul, Minnesota, as follows: Paragraphs 3 and 4 of Section 2.02 of the Authorizing Resolution are hereby amended to add the underscored language and to read as follows: "3. The Commercial Paper Notes shall otherwise have such terms and conditions as shall be set forth in a Request to be given or delivered pursuant to SeCtion 2.03 hereof in connection with the issuance of the Commercial Paper Notes; provided, however, that unless the City shall adopt an appropriate supplement to this Resolution amending the following parameters, each Commercial Paper Note: (i) shall bear interest at an annual rate (calculated on the basis of a 365 or 366 day year and on a basis of actual days elapsed) not in excess of an interest rate of lso per annum, (ii) shall mature not more than 270 days after the date of issuance thereof, and in no event later 375741.1 OR1G{NAL 1 than �� -13`� 2 Date (as de£ined in the Credit Agreement), (or, if such 3 day is not a Business Day (as defined in the Credit k Agreement), the next preceding Business Day), and 5 s (iii) shall have a purchase price of not less than 100% 7 of the principal amount thereof, less any fee to the Dealer. s s 4. No Commercial Paper Note shall be issued pursuant 10 to this Resolution unless, at the time of such issuance, (i) 17 the aggregate principal amount of al1 Commercial Paper Notes �2 and all Bank Notes then Outstanding, after giving effect to i3 (a) the issuance of Commercial Paper Notes and borrowings 1a with respect to Bank Notes on such date and (b) the 15 application of the proceeds thereof by deposit into the CP is Note Payment Account or the Debt Service Account, as Che i� case may be, is equal to or less than the greater of 18 $33,500,000, (ii) the aggregate principal amount of all 1s Commercial Paper Notes Outstanding after giving effecC to 20 (a) the issuance of Commercial Paper Notes and borrowings 21 with respect to Bank Notes on such date, and (b) the 22 application of the proceeds thereof by deposit into the CP 23 Note Payment AccounC or the Debt Service Fund, as the case z4 may be, will be equal to or less than the unused available 25 amaunt of the Hanks' commitment under the Credit Aqreement, 26 27 28 2s 30 31 32 33 34 35 36 �reait Acrreement) rias occurred and is continuing. For subsection 4 of this Section 2.03, the proceeds o£ Commercial Paper Notes and borrowings with respect to Bank Notes deposited into Che CP Note Payment Account or Che Debt Service Account, as the case may be, shall not be taken into account in the foregoing calculaCions unless such proceeds are used on the date of the issuance of the Commercial Paper Notes to pay maturing Commercial Paper Notes or Bank Notes, as the case may be." 375741.5 ORlGlNAL °'g''y`� 1 This Resolution shall be effective upon adogtion by the City 2 Council. By: Approved by By: by Council Secretary Requested by Department of: By:C`-� � � � Form Ap�{oved by Ciry Attomey B �� � G 375741.1 Adopted by Council: Date � � - � � �� � qg-�3y rnanagemencservice� ERSON 8 PFiONE . I�t3�L�S■a� •a � uESnrtr�@l! oaeKTTOrt K No 60951 CIIYCOIlIM. „�N �. �`a-��-y�❑ ,s96 xw.eGxcort �arvwnoxeff„ a„rc�sxK xanir� �� cw,xausEav�ccson cM.xcu�acav�acRc ❑3 wroxtoaasxsrwrt� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) Atlached resolufion amends resdution CF97-15�3 autlwri2ing a Taxable Generdl Obligation Commercial Paper Prog2m (Arena Projeet) These are technical changes requested by Standard a� Pooi's and do nof effect the Arena Commercial Paper Prog2m in any other way. PLANNING CAMMISSION CIB COMMITfEE CML SERVICE COMMISSION GREEN SHEET i50XILL SERVIGE GON'IRAGlS MUST ANSWER TNE iOLLOWING QUESTIONS: Has ihis Pe�����rtn everwoifced untler a wniratt for ihis depahmerR? YES NO Has this pe�soNfirm ever been a city employee? YES NO 3. Oces this persoMrtn possess a sldll not nortnalypossessetl by any current cdy empbyee� �tlAYO�'S O�r� E res no 4. Is this personlfirm a Yargetetl vendoYT VES NO MAR 04 answere on seoarate shee[ and attach to areen sheet At the request of Standard and Pools Rating Group the follrnving amendments are proposed: 1) the Commercial Paper Notes will mature not later than 60 days prior to the Termination Date (as defined in the Credk Agreement), and 2) the City will not authorize the issuar�ce of Commerciai Paper Notes it a special event ot defauN (as defined in tFie Credit /{greemeM) has occuved and is continuing. Issues reised by SWndard and Poors will be addressed. Standard and Poor's requested these changes befine they wouW rate the notes. H was too Iate to insert ihe language in the adopting resolution therePore this amending resolution has been prepared by bond counsel. None. The GHys cred'R rating with Standard and Poo�'s (AA+) may be jeopardized. AApUNT OF TRANSAC710N S AC7NITY NUMBER � _ r M r (CIRCLE ON� YES NO �i'�UY�.:$ �Aei �S �+'.?f!�°r FlNANCIqL WFORMATION {EXPLAIN)