HomeMy WebLinkAbout1993 09-13 City Council PacketI .
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 :Pe-M*, September 13, 1993
Council Chambers Municipal BuildiniP,
Meetin No. 93-20
A. CALL TO ORDER
Be PLEDGE OF ALLEGIANCE
C*-. ROLL CALL
D*- APPROVAL 'OF,* MINUTES
11i Minutes of Meetin 93-18 (Au 23, 1993)
2. Minutes of Special Council'M'"Meetin 93 -19 (Au 26., 1993)
3. Minutes of Council /Mana .Meetin ,'(Au .26, 1993)-
E. APPROVAL 'OF AGENDA
EA* PRESENTATIONS
Fo CONSENT AGENDA
All matters listed Under the Consent A are considered to be routine
b the 'Cit Council and will be enacted b one motion. There will be no
separate discussion on these items, If a member of the Cit Council wishes
t discuss an item, that item will be removed from the Consent A and
wi-4-be considered separatel
10 Approval of Claims
2. Bud Chan - Payroll Software Modification
3. Final-Pa Overla Pro
40 Bud Adjustment - Emergency Pumpin
5. Hi M Outlet: Project 90-10 - Acceptance of Project
Recapitulatin Chan Order - Final Pa
6. Bud Transfer Rec Bins
7. Conditional Use Permit Time Extension: 2480 Linwood Avenue (Jirovec)
CUP Termination & Home Occ License: 798-N. McKni (Mosner)9. Conditional Use Permit Review: 2271 White Bear Avenue (Flemin g 's
Auto . S e, riv ic e)
10. Renewal of St. Paul Ski Club Gamblin License
Go - PUBLIC, HEARINGS
1. 7:00 P.M.: Assessment Hearin - G Avenue.- Project 88-14--.--
2* 7:20.P*Mo: Chan in City Council Condition: 2226 Searle Street
Farrar-Orr) -- ...... .
Ho AWARD'OF - BIDS
1. Modular Ambulance*
r'
I UNFINISHED BUSINESS
2.
Je, NEW ' BUSINESS
1. Edgerton & County Road B - Petition f 4—Way Stop Si -p nsg
20 Variance to Street . Width 'Req.uest : Highwood Meadows Plat
30' Storm Drain Project... .........
4. Status . Report House Movings . .......
5. Purchase. of Property at 2669 Seventh Street
6. Liquor License: O'R.ei 11y._
7. Liquor ordinance (First-Reading)
8. Animal Ordinance . (First R.eading) .. ... .
90 City of . Newport t s .. Request for - Support
io. Community . Center- Project . exbal Update
K. .,VISITOR ' PRESENTATIONS .
L. COUNCIL.PRESENTATIONS
M.e - ADMINISTRATIVE PRESENTATIONS
1.. ............ ....... ......
2• ...............
N.. ADJOURNMENT
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 23, 1993
Council Chambers, Municipal Building
Meeting No 93 -18
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:01 P. M. by Acting Mayor Juker.
B. PLEDGE OF ALLEGIANCE
Ce ROLL CALL:
Gary W. Bastian, Mayor Present
Dale.H Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Co.uncilmember Present
Joseph A. Zappa,'Councilmember Present.
D. APPROVAL OF MINUTES:
1. Minutes of Council /Manager Workshop, August 2, 1993
Councilmember Zappa moved to approve the minutes of CounciljM_an_ager
Workshop August 2. 1993 as presented.
Seconded by Councilmember Rossbach Ayes - a! 1.
2. Minutes of Meeting 93 -17 (August 9, 1993)
Councilmember Zappa moved to approve the minutes of Meetinq No. 93 -17
August 9. 1993)__ presented.
Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers
Juker, Rossbach, Zappa
Nays - none
Abstain - Councilmember Carlson
E. APPROVAL OF AGENDA:
Councilmember Zappa moved to approve the ,Agenda as amended:
L1 September 7 Council /Manager Meeting
L2 Mayor's Update
L3 Attorney /Client Closed Meeting to Discuss Litigation
Seconded by Mayor Bastian Ayes - all
EA. PRESENTATIONS
1. Michael Hinz (Gopher Recycling)
a. Manager McGuire presented the staff report.
b. Michael Hinz, Gopher Recycling, presented the annual report on the
recycling operations.
c. Council complimented Mr. Hinz on the success of his operations and
commented on various aspects of recycling.
1 8 -23 -93
F. CONSENT AGENDA
Councilmember Zappa moved, seconded by Counci.lmember Rossbach; ayes - all,
to approve the Consent Agenda, items F -1 and F -2 as recommended. (Items F -3
and F -4 moved to become J -6 and J -7).
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 455 Checks #1252 - #1305
Dated 8 -2 -93 thru 8 -11 -93
157322922 Checks #10796 - #10935
Dated 8 -23 -93
613 Total per attached voucher /check
register
PAYROLL: $ 212 Payroll Checks #36099 thru #36304
Dated 8 -13 -93
454813.54 Payroll Deduction Checks #36309 thru
36325 dated 8 -13 -93
258 Total Payroll
872,399.23 GRAND TOTAL
2. Employee Group Insurance Renewals
Authorized renewal of the existing one -year contracts for employee insurance
with Group Health., Medica, DCA, Inc., Schools Insurance Fund, and Minnesota
Mutual Life.
3. Write Off Uncollectible Ambulance Bills
Moved to become J -6
4. Budget Change - Ambulance Billing Software
Moved to become J -7
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:27 P.M.): House Moving - Sherren Avenue (Erickson)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Mark Erickson to move a house onto the lot that is East of
1516 Sherren Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Boardmember Anitzberger resented the Community Design Review Board
report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard.
Mark Erickson, 900 Redwood Lane, New Brighton, the applicant.
Roger Sparks, 1510 Sherren
2 8 -23 -93
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa moved to approve the request for movinq a house to
the lot East of 1516 S erren Avenue.
Seconded by Councilmember Rossbach Ayes - all
h. Councilmember Zappa moved to direct staff to re Dort at September 13
Council Meeting regarding completion of any and all houses granted a
moving permit during the last year which are not complete
Seconded by Mayor Bastian Ayes - all
i. Councilmember Zappa moved to direct staff to begin _upgrading the house
relocation Ordinance (9 = 64) to include a prOVi si on where, in established
neighborhoods, the new residence shall .include sod or seed.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Zappa
Nays - Councilmember Rossbach
2. 7:20 P.M. (8:11 P.M.): Tax-Exempt Financing: Mounds Park Academy
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Mounds Park Academy for the City to increase the recently
approved tax - exempt financing from $3,400,000 to $4,100,000.
b.[ Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Mayor Bastian opened the public hearing, callin g proponentsforroonents or
opponents. The following persons were heard:
Jack Bucksell, architect for Mounds Park Academy
Thomas Strand, of Dougherty, Dawkins, Strand & Bigelow, Bond Underwriter
e. Mayor Bastian closed the public hearing.
f. Councilmember Zappa moved to approve tax - exempt financing up_to $4,4
million using the original building plans.
MOTION DIED FOR LACK OF A SECOND
g. Councilmember Rossbach introduced the following resolution and moved its
adoption:
93 - 08 - 106
RESOLUTION AUTHORIZING THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS SERIES 1993
MOUNDS PARK ACADEMY PROJECT) AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS
WHEREAS, the City of Maplewood, Minnesota (the "City ") caused to be
published a , notice of a public hearing (a copy of which with proof of
publication is on f i l e in the offices of the City) on the proposal of Mounds
Park Academy, a Minnesota non - profit corporation (the "Academy ") that the
City finance a Project (as defined below) , and the City conducted the public
on this date, at which hearing all persons who appeared were given an
opportunity to express their views with respect to the Project; and
3 8 -23 -93
WHEREAS, the City, the Academy and the original purchasers of the
revenue bonds (the "Purchasers". as defined below) have agreed upon
sufficient details of the revenue bonds to enable the City to adopt this
final bond resolution (the "Resolution ") on this date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. Proposal . The City Council has received a proposal from the Academy
that the City undertake to finance a certain Project as herein
described, pursuant to the Minnesota Municipal Industrial
Development Ace, Minnesota Statutes, Sections 469..152 through
460.165 (the "Act ") , through issuance by the City of its Educational
Faci l i ti es Revenue Bonds (Mounds Park Academy Project) , Seri es 1993,
the "Bonds ") , and in accordance with a Bond Purchase Contract (the
Bond Purchase Contract ") among the City, the Academy, and
Dougherty, Dawkins, Strand & Bigelow, Incorporated (the
Purchaser ").
2, Project The Bonds shall be issued to finance certain improvements
and an expansion to its existing facilities located in the City
collectively. the project "). The Bonds will also be used to
refinance certain existing mortgage indebtedness.
3. Structure Pursuant to a Loan Agreement dated as of September 1,
1993 (the "Loan Agreement ") by and between the City, and the
Academy, the City will loan the proceeds of the Bonds to the Academy
the "Loan") the finance the Project. The payments to be made by
the Academy under the Loan Agreement are fixed so as. to produce
revenue sufficient to pay the principal of, premium, if any, and
interest on the Bonds when due. It is further proposed that the
City assign its rights under the Loan Agreement to American National
Bank and Trust Company, in Saint Paul, Minnesota (the "Trustee" as
security for payment of the Bonds under an Indenture of Trust (the
Indenture ") dated as of September 1, 1993, by and between the City
and the Trustee. The Bonds will be further secured by a Mortgage,
Security Agreement and Fixture Financing Statement dated as of
September 1, 1993, between the Academy and the Trustee (the
Mortgage ") and an Assignment of Leases and Rents dated as of
September 1, 1993, between the Academy and the Trustee (the
Assignment of Leases and Rents "). The Purchaser proposes to buy
the Bonds pursuant to the Bond Purchase Contract, and to offer the
Bonds for sale to the public pursuant to an Official Statement (the
Official Statement ").
4. Preliminary and State , Approval T h i s City Council by action taken
on. May 10, 1993, gave preliminary approval to the Project.
Application to the Commissioner of the Department of Trade and
Economic Development of the State of Minnesota for approval of the
Project as tending to further the purposes and policies of the Act
has been made. The Bonds shall not be sold to the Purchaser unless
and until such approval is obtained.
5. Forms of Documents Submitted Pursuant to the preliminary approval
of this City Council, forms of the following documents (the "Bond
Documents") have . been submitted to the City Council for approval:
a) Bond Purchase Contract;
b) the Loan Agreement;
4 8 -23 -93
f (c) the Indenture;
d) Mortgage (not to be executed by City); and
r
Z (e) Assignment of Leases and Rents (not to be executed
by City).
6. Findings It is hereby found, determined and declared that:
a) the Project will further the proposed policies of the
Act, and the findings made in the preliminary resolution
of the City adopted on May 10, 1993, with respect to the
Project are hereby ratified, affirmed and approved;
b) the purpose of the Project is, and the effect thereof
w i l l be, to promote the public welfare by providing for
the promotion of necessary educational facilities, so
that adequate educational services are available to
residents of the State at a reasonable cost;
c) the Act authorizes the acquisition, construction and
installation of the facilities and equipment to be
financed by the Bonds, the issuance and sale of the
Bonds, the execution and delivery by the City of the
Loan Agreement, Bond Purchase .Contract and. Indenture
collectively the "Bond Documents ") , the performance of
all covenants and agreements of the City contained in
the Bond Documents, and the performance of all other
acts and things required under the constitution and laws
of the State of Minnesota to make the Bond Documents and
Bonds valid and binding obligations of the City in
accordance with their terms;
d) it is desirable that the Bonds be issued by the City
upon the terms set forth in the Indenture;
e) the payments under the Loan Agreement are fixed to
produce revenue sufficient to provide for the prompt
payment of principal of, premium, if any and interest on
the Bonds issued under the Indenture when due, and the
Loan Agreement and Indenture also provide that the
Academy is required to pay all expenses of the operation
and maintenance of the facilities to be financed by the
Bonds, including, but without limitation, adequate
insurance thereon and insurance against all liability
for. injury to persons or property arising from the
operation thereof, and any taxes and special assessments
levied upon or with respect to the premises of said
facilities and payable during the term of the Loan
Agreement and Indenture;
f) under the provisions of Minnesota Statutes, Section
469.162, and as provided in the Loan Agreement and
Indenture, the Bonds are not to be payable from or
charged upon any funds other than the revenue pledged to
the payment thereof; the City is not subject to any
liability thereon; no :holder of any Bond shall ever have
the right to compel any exercise by the City of its
taxing powers to pay any of the Bonds or the interest or
premium thereon, or to enforce payment thereof against
any property of the City except the interests of the
5 8 -23 -93
City in the Loan Agreement which have been assigned to
the Trustee under the Indentures the Bonds shall not
constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City except the
interests of the City in the Loan Agreement which has
been assigned to the Trustee under the Indenture; the
Bonds shall recite that the Bonds do not constitute or
give rise to a pecuniary liability or moral obligation
of the City, the State of Minnesota or its political
subdivisions, and that the Bonds, including interest
thereon, are payable solely from the revenues pledged to
the payment thereof; and the Bonds shall not constitute
a debt of the City within the meaning of any
constitutional or statutory limitation.
7. Approval of Forms; Execution Subject to the provisions of
paragraphs 9 and 11 hereof, the forms of the Bond Documents and
exhibits thereto and all other documents listed in paragraph 5
hereof are approved substantially in the form submitted (except
as otherwise provided for the Official Statement in paragraph 8
hereof). Subject to the provisions of paragraphs 9 and 11
hereof, the Bond Purchase Contract, Loan Agreement and
Indenture, in substantially the forms submitted, are directed to
be executed in the name and on behalf of the City by the Mayor
and Clerk. Subject to the provisions of paragraph 9 hereof, the
Bonds are to be executed in the name of and on behalf of the
City by the Mayor and Clerk, and are to be delivered to the
Trustee for authentication and delivery to the Purchaser. Any
other City documents and certificates necessary to the
transaction described above shall be executed by the appropriate
City officers. Copies of all of the documents necessary to the
transaction herein described shall be delivered, filed and
recorded as provided herein and in the Loan Agreement and
Indenture.
8. Official Statement The City hereby consents to the preparation
and distribution of a preliminary Official Statement and final
Official Statement to brokers, dealers and other potential
purchasers; provided that it is understood that the City has
relied upon the Academy and the Purchaser and legal counsel
retained by them to assure the accuracy and completeness of the
information set forth in the preliminary Official Statement and
final Official Statement and that therefore the City has not
participated, and will not participate significantly, in the
preparation of the preliminary Official Statement or the final
Official Statement, that it has not made, and w i l l not make, any
independent investigation of the information contained therein,
except under the heading "The Issuer ", and it assumes no
responsibility for the accuracy or completeness of such
information.
9. Issuance; Acceptance of Offer The City shall proceed forthwith
to issue the Bonds, in the form and upon the terms set forth in
the Bond Purchase Contract, the Indenture and this Resolution;
provided that the net effective interest rate on the Bonds shall
not exceed 8.00 %. The Mayor and Clerk are hereby authorized to
agree with the Purchaser to the interest rates to be borne by
the. Bonds, with full power and authority to bind the City.
Execution by the Mayor and Clerk of the Bond Purchase Contract
shall be conclusive evidence of such agreement. The officers
authorized in paragraph 7 hereof to execute the documents are
6 8 -23 -93
hereby authorized and directed to execute the Bond Purchase
Contract at a time consistent with such effect of its execution.
10. Records and Certificates The Mayor, Clerk and other officers
of the City are authorized and directed to prepare and furnish
to the Purchaser certified copies of all proceedings and records
of the City relating to the Bonds,- and such other affidavits and
certificates as may be required to show the facts relating to
the legality of the Bonds as such facts appear from the books
and records in the officers' custody and control or as otherwise
known to them; and all.such certified copies, certificates and
affidavits, including any her. etofore furnished, shall constitute
representations :of the City as to the truth of all statements
contained therein.
11. Changes in Forms Aporoved; Absent and Disabled Officers. The
approval hereby given to the various documents referred to above
includes approval of such additional details therein as may be
necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary
and appropriate, the appropriate City staff person or by. the
officers authorized herein to execute or accept as the case may
be, said documents prior to their execution; and said officers
or staff members are hereby authorized to approve said changes
on behalf of the City. The execution of any instrument by the
appropriate officer or officers of the City herein authorized
shall be conclusive evidence of the approval of such document in
accordance with the terms hereof. In the event of absence or
disability of the officers, any of the documents authorized by
this Resolution to be executed may be executed without further
act or authorization of the City Council or any duly designated
acting official, or by such other officer or officers of the
City Council as, in the opinion of Counsel to the City, may act
in their behalf.
12. Indemnification by Academy It is understood and agreed that
the Academy shall indemnify the City against all l i a b i l i t i e s ,
losses, damages, costs and expenses (including attorney's fees
and expenses incurred by the City) arising with respect to the
Project or the Bonds, as provided for and agreed to by and
between the Academy and the City in the Loan Agreement and the
Bond Purchase Contract.
13. Headings: Terms Paragraph headings in t h i s Resolution are for
convenience of reference only and are not a part hereof, and
shall not limit or define the meaning of any provision hereof.
Capitalized terms used but not defined herein shall have the
meanings given them in the Indenture or Loan Agreement.
Seconded by Councilmember Ayes - Mayor Bastian, Council members
Carlson, Juker, Rossbach
Nays - Counci 1 member Zappa
H AWARD OF BIDS
1. Seal Coat
a.
I
Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
7 8 -23 -g3
such time and place all persons owning property affected by such
improvement w i l l be given an opportunity to be heard with reference
to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing
on the proposed assessment to be published in the official
newspapers at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of
hearing, the general nature of the improvement the area to be
assessed, that the proposed assessment roll is on file with the
Clerk and that written or oral objections will be considered.
Seconded by Councilmember Carlson Ayes - all
4. Referendum for Open Space
a. Manager McGuire presented the staff report.
b. Finance Director Faust presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Carolyn Peterson, 1999 Jackson, Open Space Committee
d. Council member Carlson moved to have the ballot state "This is equivalent
to 33 per $1,000 of market value."
Seconded by Mayor Bastian Ayes all
e. Councilmember Carlson introduced the following Resolution and moved its
adoption.
93 - 08 - 110
RESOLUTION CALLING FOR AN ELECTION ON
5,000,000 GENERAL OBLIGATION BONDS OF 1994
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as
follows:
1. This Council has investigated the facts and does hereby find, determine
and declare that it is necessary and expedient to acquire land for open
space within the City.
2. The proposition of authorizing the issuance of $5,000,000 General
Obligation Bonds for said purpose shall be submitted to the qualified
electors of the City at a special election to be held on November 2,
1993. Said election shall be held between the hours of seven o'clock
a.m. and eight o'clock p.m. The polling places shall be at the
following places in the City of Maplewood, Minnesota:
10 8 -23 -93
q
Precinct No. 1
Parkside Fire Department
2001 McMenemy Road
Precinct No. 2
St. Jerome's School
380 E. Roselawn Avenue
Precinct No. 3
Edgerton School
1929 Edgerton Street
Precinct No. 4
Gladstone Fire Station
1900 Clarence Street
Precinct No. 5
Gladstone Community Center
Frost Avenue at Manton Street
Precinct No 6
Hazelwood Fire Station
1530 E. County Road C
Precinct No. 7
First, Evangelical Free Church
2696 Hazelwood Street
Precinct No. 8
Concordia Arms
2030 Lydia Avenue
Precinct No. 9
Maplewood Ci Hall
1830 E. County Road B
Precinct No. 10
Ramsey County Home
2000 White Bear Avenue
Precinct No. 11
Maplewood Middle School
1896 Lakewood Drive N.
Precinct No, 12
Beaver Lake School
1060 Sterling Street N.
Precinct No, 13
East County Line Fire Department
1177 N. Century
Precinct No. 14
Carver School
2.680 Upper Afton Road
Precinct No, 15
East County Line Fire Department No. 2
2501 Londin Lane
Precinct No. 16
East County Line Fire Department No. 2
2501 Londin Lane
3. The Clerk is hereby authorized and directed to post according to law a
Notice of Election and Ballot, and to prepare, ballots for use at said
election, which notice and ballot shall be in substantially the
following forms:
NOTICE
OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a special election will be held in and for
the City of Maplewood, Ramsey County, Minnesota, on November 2, 1993,
between the hours of seven o'clock a.m. and eight o'clock p . m, at which time
the following question will be submitted.
Shall the Ci of Maplewood, Minnesota, be authorized to issue and sell its
general obligation bonds in an amount not to exceed $5,000,000 to finance
the acquisition of land for open space ? ".
The polling places for said election will be the following, at which place all of the
qualified electors of the City may cast their ballots:
Precinct No. 1
Parkside Fire Department
2001 McMenemy Road
Precinct No. 2
St. Jerome's School
380 E. Roselawn Avenue
11
Precinct No. 9
Maplewood City Hall
1830 E. County Road B
Precinct No. 10
Ramsey County Home
2000 White Bear Avenue
8 -23 -93
Precinct No. 3 Precinct No. 1.1
Edgerton School Maplewood Middle School
1929 Edgerton Street 1896 Lakewood Drive N.
Precinct No. 4
Gladstone Fire Station
1900 Clarence Street
Precinct No. 12
Beaver Lake School
1060 Sterling Street N.
Precinct No. 5
Gladstone Community Center
Frost Avenue at Manton Street
Precinct No. 6
Hazelwood Fire Station
1530 E. County Road C
Precinct No. 7
First Evangelical Free Church
2696 Hazelwood Street
Precinct No. 8
Concordia Arms
2030 Lydia Avenue
Seconded by Mayor Bastian
Precinct No, 13
East County Line Fire Department
1177 N. Century
Precinct No. 14
Carver. School
2680 Upper Afton Road
Precinct No, 15
East County Line Fire Department No. 2
2501 Londin Lane
Precinct No. 16
East County Line Fire Department No. 2
2501 Londin Lane
Ayes - all
f. Counci 1 member Zappa moved to direct staff to have the sample ballot for
the Open Space ,Referendum published , in the next Issue of Maplewood in
Motion.
Seconded Mayor Bastian Ayes - all
5. Proposal for Study of City Clerk's Fees
a. Manager McGuire presented the staff report.
b. Finance Director Faust presented the specifics of the report.
c. Counci 1 member Zappa moved to take no action on recommendation and in the
future staff can provide for in- house.studies.
Seconded by Councilmember Juker
d. Mayor Bastian stated the motion was received as a
I
motion to table.
MOTION FAILED
Ayes - Councilmembers J.uker, Zappa
Nays - Mayor Bastian, Councilmembers
Carlson., Rossbach
e. Counci 1 member Carlson moved to hire .David . M Griffith & Associates QMG)
be hired to conduct a user fee study coverinq the City. Clerk's
Department and that the cost of the study be financed by a transfer from
the General Fund contingency account.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
12 8 -23 -93
6. Write -Off of Uncollectible Ambulance Bills (Moved from F -3)
a. Councilmember Juker asked about the methods used in attempting
collection of the ambulance bills and the determination that they were
uncol l ect i bl e .
b. Director of Finance Faust explained the methods and procedures.
c. Mayor Bast an m0, to write off as uncol l ec bl a the $75.8.72.95 in
unDaid ambulance bills in the list aresented to Counci
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach. ..
Nays - Councilmembers Zappa and Juker
7. Budget Change - Ambulance Billing Software
a. Councilmember Juker asked whether there were. capabilities within the
existing software or through ability of staff to create a comparable
program in- house rather than purchasing it.
b. Director of Finance Faust explained the limitations i n -house versus the
benefits of the software package which can be purchased.
c. Councilmember Zappa moved to approve „^the transfer of $2,560 from the
General Fund contingency account to the Finance Department budget for
purchase of ambul ance billing softwa_
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. September Council /Manager Meeting Regarding the Fire Departments
a. Councilmember Carlson expressed concern about the date of the meeting
and suggested it be done later in the year, depending on the outcome of
contract negotiations.
b. Councilmember Carlson moved to cancel the Fire Department portion of the
September 9 meeting and to hold the meeting. from 5:00 until 7:00 P.M.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
2. Mayor's Update
a. Mayor Bastian informed the Council about various upcoming meetings and
events.
13 8 -23 -93
M. ADMINISTRATIVE PRESENTATIONS a {
R
to Attorney Client Meeting to Discuss Litigation
MAYOR. BASTIAN MOVED THAT COUNCIL RECESS. AND GO INTO CLOSED SESSION FOR THE PURPOSE
OF AN ATTORNEYfCLIENT MEETING ON LITIGATION: HAJICEK VS MAPLEWOOD, CAVE VS MAPLEWOOD;
SCHREIER VS MAPLEWOOD.
SECONDED BY COUNCILMEMBER ZAPPA AYES -.ALL
AT 10:20 P.M. COUNCIL WENT INTO CLOSED SESSION
AT 10:30 P.M. COUNCIL RETURNED TO OPEN SESSION
N.. ADJOURNMENT OF.MEETING
10:33.P.M.
Lucille E. Aurelius
City Clerk
14 B -23 -93
SPECIAL MEETING
OF THE
MAPLEWOOD CITY COUNCIL
4:30 p.m., Thursday, August 26, 1993
City Council Chambers, City Hall
MINUTES
A. CALL TO ORDER
The Special Meeting the Maplewood City Council was held in the Council
Chambers, City Hall, and was called to order at 4:38 p.m. by Mayor Bastian.
B. ROLL CALL
Mayor Gary Bastian Present
Counci 1 person Dale Carlson Present
Councilperson Fran Juker Present
Councilperson George Rossbach Present
Councilperson Joseph Zappa Present
C. APPROVAL OF AGENDA
Councilmember Zappa moved that the agenda be approved as presented.
Seconded by Councilmember Carlson Ayes - All
D. BID AWARD ON 1993 BOND ISSUES
1, City Manager McGuire introduced the items.
2. Mr. Dan Hartman, Springsted, Inc., presented the specifics of the bid
awards.
3. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93 - 08 - 113
RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $215,000
GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1993A,
PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF
SEE ATTACHED)
Seconded by Councilmember Carlson Ayes - All
1
i
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA
HELD: August 26, 1993
Pursuant to due call and notice thereof, a special
meeting of the City Council of the City of Maplewood, Ramsey
County, Minnesota, was duly called and held at the City Hall in
said City on Thursday, the 26th day of August, 1993, at 4 :30
P.M. for the purpose of considering bids for, and awarding the
competitive negotiated sale of, $215.,000 General Obligation
Equipment Certificates of Indebtedness, Series 1993A of the City.
The following members were present:
and the following were absent:
The City Clerk presented bids on $215,000 General
Obligation Equipment Certificates of Indebtedness, Series 1993A
of the City, for which proposals were to be received, opened and
tabulated by the City Clerk, or her designee, this same day, in
accordance with the resolution adopted by the City Council on
July 26, 19930
The following proposals were received, opened and
tabulated at 11:00 A.M., Central Time, at.the.offices of
Springsted Incorporated, in the presence of the City Clerk, or
her designee, on this same day:
Interest True
Bidder Rate Interest Cost
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The Council then proceeded to consider and discuss the 'Y
bids, after which member introduced the following
resolution and moved its adoption:
RESOLUTION ACCEPTING BID ON THE COMPETITIVE
NEGOTIATED SALE OF
215,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS, SERIES 1993A,
PROVIDING FOR THEIR ISSUANCE
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of
Maplewood, Minnesota (the "City "), has heretofore determined and
declared that it is necessary and expedient to issue $215,000
General Obligation Equipment Certificates of Indebtedness, Series
1993A of the City, pursuant to Minnesota Statutes, Chapter 475
and Minnesota Statutes, Section 412.301, to finance the
acquisition of equipment for various City departments (the
Equipment "); and
B. WHEREAS, the Equipment has an expected useful life
at least as long as the final maturity of the certificates; and
C. WHEREAS, the amount of the certificates to be
issued does not exceed one - quarter of one percent (0,,251%) of the
market of the taxable property in the City; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Maplewood, Minnesota, as follows:
110 Acceptance of Bid The bid of
the "Purchaser"),, to purchase $ General
Obligation Equipment Certificates of Indebtedness, Series 1993A
of.the City (the "Certificates ", or individually a
Certificate "), in accordance with the terms of proposal, at the
rates of interest hereinafter set forth, and to pay therefor the
sum of $ , plus interest accrued to settlement, is
hereby found, determined and declared to be the most favorable
bid received and is hereby accepted, and the Certificates are
hereby awarded to said bidder. The City Clerk is directed to
retain the deposit of said bidder and to forthwith return to the
unsuccessful bidders their good faith checks and drafts.
2. Title; Original Issue Date; Denominations;
Maturities The Certificates shall be titled "General Obligation
Equipment Certificates of Indebtedness, Series 1993A shall be
dated September 1, 1993, as the date of original issue and shall
be issued forthwith on or after such-date as fully registered
certificates. The Certificates shall be numbered from R -1 upward
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2
in the denomination of $5, 000 each or in any integral multiple
thereof of a single maturity. The. Certificates shall mature,
without option of prepayment, on August l in the years and
amounts as follows:
Yea Amount Year Amount
1994 -1995 $40,000 1996 -1998 $45,000
All dates are inclusive.
3. Pu ose The Certificates shall provide funds to
finance the Equipment. The total cost of the Equipment, which
shall include all costs enumerated in Minnesota Statutes, Section
475.65, is estimated to be at least equal to the amount of the
Certificates herein authorized.
49 Interest The Certificates shall bear interest
payable semiannually on February 1 and August 1 of each year
each, an "Interest Payment Date "), commencing August 1, 1994,
calculated on the basis of a 360 -day year of twelve 30 - day
months, at the respective rates per annum set forth opposite the
maturity years as follows:
Maturity
Year
1994
1995
1996
Interest
Rate
Maturity
Year
1.997
1998
Interest
Rate
5. No Redemption The Certificates shall not be
subject to redemption and prepayment prior to their maturity.
6. Certificate Registrar .
in , is
appointed to act as certificate registrar and transfer agent with
respect to the Certificates (the "Certificate Registrar")., and
shall do so unless and until a successor Certificate Registrar is
duly appointed, all pursuant to any contract the City and
Certificate Registrar shall execute which is consistent herewith.
The Certificate Registrar shall also serve as paying agent unless
and until a successor paying agent is duly appointed. Principal
and interest on the Certificates shall be paid to the registered
holders (or record holders) of the Certificates in the manner set
forth in the form of Certificate and paragraph 12 of this
resolution.
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3
I
7 Form, 2f—Certificate The Certificates together
with the Certificate Registrar's Certificate of Authentication,
the form of Assignment and the registration information thereon,
shall be in substantially the following form:
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4
1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- $
GENERAL OBLIGATION EQUIPMENT
CERTIFICATE OF INDEBTEDNESS, SERIES 1993A
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
SEPTEMBER 1 1993
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies
that it is indebted and for value received promises to pay to.the
I
egistered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, without option of
prepayment, and to pay interest thereon semiannually on
February 1 and August l of each year (each, an "Interest Payment
Date "), commencing August 1, 1994, at the rate per annum
specified above (calculated on the basis of a 360 -day year of
twelve 30 -day months) until the principal sum is paid or has been
provided for. This Certificate will bear interest from the most
recent Interest Payment Date to which interest has been paid or,
if no interest has been paid, from the date of original issue
hereof. The principal of and premium, if any, on this
Certificate are payable upon presentation and surrender hereof at
the principal office of , in
the "Certi f icate
Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer. Interest on this Certificate
will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Certificate is registered
the "Holder" or "Certificateholder ") on the registration books
of the Issuer maintained by the Certificate Registrar and at the
address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date "). Any interest not so
timely paid shall cease to be payable to the person who is the
245786
5
Holder hereof as of the Regular Record Date, and shall be payable
to the person who is the Holder hereof at the close of business
on a date (the "Special Record Date ") fixed by the Certificate
Registrar whenever money becomes available for payment of the
defaulted interest. Notice of the Special Record Date shall be
given to Certificateholders not less than ten days prior to the
Special Record Date. The principal of and premium, if any, and
interest on this Certificate are payable in lawful money of the
United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET
FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be performed,
precedent to and in the issuance of this Certificate, have been
done, have happened and have been performed, in regular and due
form, time and manner as required by law, and that this
Certificate, 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 or statutory limitation of
indebtedness
IN WITNESS WHEREOF, the City of Maplewood, Ramsey
County, Minnesota, by its City Council has caused this
Certificate to be executed on its behalf by the facsimile
signatures of its Mayor and its Clerk, the corporate seal of the
Issuer having been intentionally omitted as permitted by law.
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6
t
Date of Registration:
CERTIFICATE REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Certificate is one
of the Certificates described
in the Resolution mentioned
within.
Certificate Registrar
8y
Authorized Signature
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Registrable by:
Payable at:
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
Zs/ Facsimile
Mayor
s/ Facsimile
Clerk
7
ON REVERSE OF CERTIFICATE
No Redem„Rt,ion The Certificates of this issue (the
Certificates") are not subject to redemption and prepayment
prior to their maturity.
Issuance; Purpose; General Obligation This
Certificate is one of an issue in the total principal amount of
215,000, all of like date of original issue and tenor, except as
to number, maturity, interest rate and denomination, which
Certificate has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the
Issuer on August 26, 1993 (the "Resolution"),, for the purpose of
providing money to finance the acquisition of equipment for
various Issuer departments. This Certificate is payable out of
the General Obligation Equipment Certificates of Indebtedness,.
Series 1993A Fund of the Issuer. This Certificate constitutes a
general obligation of the Issuer, and to provide moneys for the
prompt and full payment of its principal, premium, if any, and
interest when the same become due, the full faith and credit and
taxing powers of the Issuer have been and are hereby irrevocably
pledged.
Denominations; Exchange; Resolution The Certificates
are issuable solely as fully registered certificates in the
denominations of $5,000 and integral multiples thereof of a
single maturity and are exchangeable for fully registered
Certificates of other authorized denominations in equal aggregate
principal amounts at the principal office of the Certificate
Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the
Resolution for a description of the rights and duties of the
Certificate Registrar. Copies of the Resolution are on file in
the principal office of the Certificate Registrar.
Transfer This Certificate is transferable by the
Holder in person or by his, her or its attorney duly authorized
in writing at the principal office of the Certificate Registrar
upon presentation and surrender hereof to the Certificate
Registrar, all subject to the terms and conditions provided in
the Resolution and to reasonable regulations of the Issuer
contained in any agreement with the Certificate Registrar.
Thereupon the Issuer shall execute and the Certificate Registrar
shall authenticate and deliver, in exchange for this Certificate,
one
I
or more new fully registered Certificates in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in
245786
8
aggregate principal
Certificate, of the
same rate.
Fees upon,
may require payment
governmental charge
exchange of this Ce
regarding transfers
amount equal to the principal amount of this
same maturity and bearing interest at the
Transfer, or Loss The Certificate . Registrar
of a sum suf f cient to cover any tax or other
payable in connection with the transfer or
rtificate and any legal or unusual
and lost Certificates.
Treatment of Reaistered ,O_wn__ The Issuer and
Certificate Registrar may treat the person in whose name this
Certificate is registered as the owner hereof for the purpose of
receiving.payment as herein provided (except as otherwise
provided on the reverse side hereof with respect to the Record
Date) and for all other purposes, whether or not this Certificate
shall be overdue, and neither the Issuer nor the Certificate
Registrar shall be affected by notice to the contrary.
Authentication This Certificate shall not be valid or
become obligatory for any purpose or be entitled to any security
unless the Certificate of Authentication hereon shall have been
executed by the Certificate Registrar.
Not Qualified Tax - Exempt Obligation This Certificate
has not been designated by the Issuer as a "qualified tax- exempt
obligation" for purposes of Section 265(b) (3) of the Internal
Revenue Code of 1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the face of this Certificate, shall be construed as though they
were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants.in common
UTMA - as custodian for
Gust) (Minor)
under the Uniform
State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
2457W
9
i
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Certificate and
does hereby irrevocably constitute.and appoint
attorney to transfer the Certificate 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 appears upon the face of the
within Certificate 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 firm having a membership in one of the
major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 2 4 0.17 Ad -15 (a) (2 )
The Certificate Registrar will not ,effect transfer of this
Certificate unless . the information concerning the transferee
requested below is provided.
Name and Address:
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Include information for all joint owners
if the Certificate is held by joint account.)
10
80 Execution;.Temoorary Certificates The
Certificates shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal of
the City; provided, however, that the seal of the City may be a
printed facsimile; and provided further that both of such
signatures may be printed facsimiles and the corporate seal may
be omitted on the Certificates as permitted by law. In the event
of disability or resignation or other - absence of either such
officer, the Certificates may be signed by the manual or
facsimile signature of that officer who may act on behalf of such
absent or disabled officer. In case either such officer whose
signature or facsimile of whose signature shall appear on the
Certificates shall cease to be such officer before the delivery
of the Certificates, 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. The City.
may elect to deliver, in lieu of printed definitive certificates,
one or more typewritten temporary certificates in substantially
the form set forth above, with such changes as may be necessary
to reflect more than one maturity in a single temporary
certificate. Such temporary certificates may be executed with
photocopied facsimile signatures of the Mayor and Clerk.. Such
temporary certificates shall, upon the printing of the definitive
certificates and the execution thereof, be exchanged therefor and
canceled.
90 Authentication No Certificate shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this resolution unless a Certificate of
Authentication on such Certificate, substantially in the form
hereinabove set forth, shall have been duly executed by an
authorized representative of the Certificate Registrar.
Certificates of Authentication on different Certificates need not
be signed by the same person. The Certificate Registrar shall
authenticate the signatures of officers of the City on each
Certificate by execution of the Certificate of Authentication on
the Certificate and by inserting as the date of registration in
the space provided the date on which the Certificate is
authenticated, except that for purposes of delivering the
original Certificates to the Purchaser, the Certificate Registrar
shall insert as a date of registration the date of original
issue, which date is September 1, 1993. The Certificate of
Authentication so executed on each Certificate shall be
conclusive evidence that it has been authenticated and delivered
under this resolution.
10. Registration; Transfer; Exchange The City will
cause to be kept at . the principal office of the Certificate
Registrar a certificate register in which, subject to such
245786
11
reasonable regulations as the Certificate Registrar may
prescribe, the Certificate Registrar shall provide for the
registration of Certificates and the registration of transfers of
Certificates entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Certificate at the
principal office of the Certificate Registrar, the City shall
execute (if necessary), and the Certificate Registrar shall
authenticate, insert the date of registration (as provided in
paragraph 9) of, and deliver, in the name of the designated
transferee or transferees , one or more new Certificates of any
authorized denomination or denominations of a like aggregate
principal amount, having the same stated maturity and interest
rate, as requested by the transferor; provided, however, that no
Certificate may be registered in blank or in the name of "bearer."
or similar designation.
At the option of the Holder, Certificates may be
exchanged for Certificates of any authorized denomination or
denominations of a like aggregate principal amount and stated
maturity, upon surrender of the Certificates to be exchanged at
the principal office of the Certificate Registrar. Whenever any
Certificates are so surrendered for exchange, the City shall
execute (if necessary, and the Certificate Registrar shall
authenticate, insert the date of registration of, and deliver the
Certificates which the Holder making the exchange is entitled to
receive.
All Certificates surrendered upon any exchange or
transfer provided for in this resolution shall be promptly
canceled by the Certificate Registrar and thereafter disposed of
as directed by the City.
All Certificates delivered in exchange for or upon
transfer of Certificates shall be valid general obligations of
the City evidencing the same debt, and entitled to the same
benefits under this resolution, as the Certificates surrendered
for such exchange or transfer.
Every Certificate presented or surrendered for transfer
or exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Certificate
Registrar, duly executed by the Holder thereof or his, her or its
attorney duly authorized in writing.
The Certificate 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 Certificate
245786
12
and any legal or unusual costs regarding transfers and lost
Cert if icates .
Transfers shall also be subject to reasonable
regulations of the City contained in any agreement with the
Certificate Registrar, including regulations which permit the
Certificate Registrar to close its transfer books between record
dates and payment dates. The Clerk is hereby authorized to
negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange Each
Certificate delivered upon transfer of or in exchange for or in
lieu of any other Certificate shall carry all the rights to
interest accrued and unpaid, and to accrue, which were carried by
such other Certificate.
12. Interest Payment; Record Date Interest on any
Certificate shall be paid on each Interest Payment Date by check
or draft mailed to the person in whose name the Certificate is
registered (the "Holder ") on the registration books of the City
maintained by the Certificate Registrar and at the address
appearing thereon at the close of business. on the fifteenth
15th) day of the calendar month next preceding such Interest
Payment,Date (the "Regular Record Date "). Any such interest not
so timely paid shall cease to be payable to the person who is the
Holder thereof as of the Regular Record Date, and shall be
payable to the person who is the Holder thereof at the close of
business on a date (the "Special Record Date ") fixed by the
Certificate Registrar whenever money becomes available for
payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Certificate Registrar to the Holders
not less than ten (10) days prior to the Special Record Date.
13. Treatment of Registered Owner The City and
Certificate Registrar may treat the person in whose name any
Certificate is registered as the owner of such Certificate for
the purpose of receiving payment of principal of and premium, if
any, and interest (subject to the payment provisions in paragraph
12 above) on, such Certificate and for all other purposes
whatsoever whether or not such Certificate shall be overdue, and
neither the City nor the Certificate Registrar shall be affected
by notice to the contrary.
14. Deliverv; Aoolication of Proceeds. The
Certificates when so prepared and executed shall be delivered by
the Finance Director to the Purchaser upon receipt of the
purchase price, and the Purchaser shall not be obliged to see to
the proper application thereof.
245786
13
15. Fund and Accounts There is hereby created a
special fund to be designated the "General Obligation Equipment
Certificates of Indebtedness., Series 19 9 3A Fund" (the "Fund" ) to
be administered and maintained by the Finance Director as a
bookkeeping account separate and apart from all other funds.
maintained in the official financial records of the City. The
Fund shall be maintained in the manner herein specified until all
of the Certificates and the interest thereon have been fully
paid. There shall be maintained in the Fund two (2) separate
accounts, to be designated the "Capital Account" and "Debt
Service Account ", respectively.
i) Capital Account To the Capital Account there shall
be credited the proceeds of the sale of the Certificates, less
accrued interest received thereon and less any amount paid for
the Certificates in excess of $213,680. From the Capital Account
there shall be paid all costs and expenses of acquiring the
Equipment, including the cost of any purchase contracts
heretofore let and all other costs incurred and to be incurred of
the kind authorized in Minnesota Statutes, Section 475.65; and
the moneys in said account shall be used for no other purpose
except as otherwise provided by law provided that the proceeds
of the Certificates may also be used to the extent necessary to
pay interest on the Certificates due prior to the anticipated
date of commencement of the collection of taxes herein levied.
Debt Service Account There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the
Debt Service Account: (a) all accrued interest received upon
delivery of the Certificates; (b) all funds paid for the
Certificates in excess of $2.13, 680; (c) any collections of all
taxes herein or hereafter levied for the payment of the
Certificates and interest thereon; (d) all funds remaining in the
Capital Account after acquisition of the Equipment and payment of
the costs thereof; (e) all investment earnings on funds held in
the Debt Service Account; and (f) any and all other moneys which
are properly available and are appropriated by the governing body
of the City to the Debt Service Account. The Debt Service
Account shall be used solely to pay the principal and interest
and any premiums for redemption of the Certificates and any other
general obligation bonds of the City hereafter issued by the City
and made payable from said account as provided bylaw.
No portion of the proceeds of the Certificates shall be
used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or
indirectly to acquire higher yielding investments, except (1) for
a reasonable temporary period until such proceeds are needed for
the purpose for which the Certificates were issued and (2) in
2457%
14
addition to the above in an amount not greater, than the lesser of
five percent (5%) of the proceeds of the Certificates or
100,000. To this effect, any proceeds of the Certificates and
any suns from time to time held in the Capital Account or Debt
Service Account (or any other City account which will be used to
pay principal or interest to become due on the certificates
payable therefrom) in excess of amounts which under
then- applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
by,. guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such
investment would cause the Certificate to be "federally
guaranteed" within the meaning of Section 149(b) of the Internal
Revenue Code of 19 86 , as amended (the "Code").
16. Tax Levy; Coverage Test To provide moneys for
payment of the principal and interest on the Certificates there
is hereby levied upon all of the taxable property in the City a
direct annual ad valorem tax which shall be spread upon the tax
rolls and collected with and as part of other general property
taxes in the City for the years and in the amounts as follows:
Year of Tax
Levy
Year of Tax
Collection Amount
1993
r 1994
1995
1996
1997
1994
1995
1996
1997
1998
S
The tax levies are such that if collected in full they,
together with estimated collections of other revenues herein
pledged for the payment of the Certificates, will produce at
least five percent (5 %) in excess of the amount needed to meet
when due the principal and interest payments on the Certificates.
The tax levies shall be irrepealable so long as any of the
Certificates are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner
and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3.
17. Defeasance When all Certificates have been
discharged as provided in this paragraph, all pledges, covenants
245786
15
And other rights granted by this resolution to the registered
holders of the Certificates shall, to the extent permitted by
law, cease. The City may discharge its. obligations with respect
to any Certificates which are due on any date by ..irrevocably
depositing with the Certificate Registrar on or before that date
a sum- sufficient for the payment thereof in full; or if any
Certificate should not be paid. when due, it may nevertheless be
discharged by depositing with the Certificate Registrar a sum
suf f icient. for the payment thereof in full with interest accrued
to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Certificates,
subject to the provisions of law now or hereafter. authorizing and
regulating such action, by depositing irrevocably in escrow, with
a suitable banking institution qualified by law as an escrow
agent for this purpose, cash or securities described in Minnesota
Statutes, Section 475.67, Subdivision 8, bearing interest payable
at such times and at such rates and maturing on such dates as
shall be required, subject to sale and /or reinvestment, to pay
all amounts to become due thereon to maturity.
18. Compliance With Reimbursement Bond Regulations
The provisions of this paragraph are intended to establish and
provide for the City's compliance with United States Treasury
Regulations Section 1.103 -18 (the "Reimbursement Regulations ")
applicable to the "reimbursement proceeds" of the Certificates,
being those portions thereof which will be used by the City to
reimburse itself for any expenditure which the City paid or will
have paid prior to the Closing Date (an "Expenditure"),..
The City hereby certifies and /or covenants as follows:
a) On or before the date of payment of each Expenditure,
the City (or person designated to do so on behalf of
the City) made or will have made a written declaration
of the City's official intent (a "Declaration") which
effectively (i) states the City's intention and
reasonable expectation to reimburse itself for the
payment of the Expenditure out of the proceeds of a
subsequent borrowing; (ii) gives a general and
functional description of the property, project or
program to which the Declaration relates and /or
identifies a specific fund or account of the City and
the general. functional purpose thereof from which the
Expenditure was to be paid (collectively the
Project ") ; (iii) states the maximum principal amount
of debt expected to be issued by the City for the
purpose of financing the Project; and (iv) states
specifically that the Declaration is a declaration of
official intent under Treasury Regulations Section
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1.103 -18; provided, however, that no such Declaration
shall necessarily have been made with respect to
Preliminary expenditures" for the Project, defined in
the Reimbursement Regulations to include engineering or
architectural expenses and similar prefatory expenses,
which in the aggregate do not exceed 20% of the "issue
price" of the Certificates. Notwithstanding the
foregoing, with respect to Expenditures made by the
City prior.to March 2, 1992, the City hereby represents
that there exists objective evidence, within the
meaning of the Reimbursement Regulations, that at the
time the Expenditure was paid the City expected to
reimburse the cost thereof with the proceeds of a
borrowing.
b) As of the date of each Declaration, there were not and.
were not thereafter expected to become available
sources of City funds which were or were expected to be
dedicated or otherwise available on a long -term basis
to provide financing for the Expenditure or Project.
c) Each Declaration was made a part of the publicly
available official books, records or proceedings of the
City and was continuously available for inspection by
the general public at City Hall during regular City
hours beginning not later than 30 days after the making
of the Declaration and continuing through the date of
issuance of the Certificates, as required by the
Reimbursement Regulations.
d) Each Expenditure, other than the costs of issuing the
Certificates, is a capital expenditure, that is, a cost
of a type that is properly chargeable to a capital
account (or would be with a proper election) under
general federal income tax principles.
e) The "reimbursement allocation" described in the
Reimbursement Regulations for each Expenditure shall
and will be made forthwith following (but not prior to)
the issuance of the Certificates and in all events
within the period ending on the date which is the later
of one year after payment of the Expenditure or one
year after the date on which the Project to which the
Expenditure relates is first placed in service.
f) Each such reimbursement allocation will be evidenced by
an entry on the official books or records of the City
maintained for and in connection with the Certificates
and will specifically identify the actual prior
245786
17
Expenditure or Project or, in the case of the
reimbursement of a particular fund or account described
in the applicable Declaration, the fund or account from
which the Expenditure was paid.
g) The City is unaware of any facts or circumstances which
would cause it to question the reasonability or
accuracy of the content of this paragraph or of any of
the Declarations, or its compliance with any of the
covenants herein or therein, including without
limitation the City's failure to .issue qualifying
reimbursement certificates for costs for which it has
made declarations of official intent, absent
extraordinary and unforeseeable circumstances of the
kind described in the Reimbursement Regulations.
19. General Obligation Pledge For the prompt and
full payment of the principal and interest on the Certificates,
as the same respectively become due, the full faith, credit and
taxing powers of the City shall be and are hereby irrevocably
pledged. If the balance in the Debt Service Account is ever
insufficient to pay all principal and interest then due on the
certificates and any other certificates payable therefrom, the
deficiency shall be promptly paid out of any other funds of the
City which are available for such purpose, and such other funds
may be reimbursed with or without interest from the Debt Service
Account when a sufficient balance is
I available therein.
20. Certificate of Registration The Clerk 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 or she shall require, and to obtain the
County Auditor's certificate that the Certificates have been
entered in the County Auditor's Certificate Register, and that
the tax levy required by law has been made.
21. Records and Certificates The officers of the
City are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
issuance of the Certificates, certified copies of all proceedings
and records of the City relating to the Certificates and to the
financial condition and affairs of the City, and such other
affidavits, certificates and information as are required to show
the facts relating to the legality and marketability of the
Certificates as the same appear from the books and records under
their custody and control or as otherwise known to them, and all
such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City
as to the facts recited therein.
245786
18
i"
Ilk
22. Negative Covenant as to Use of Proceeds and
Eauipmen The City hereby covenants not to use the proceeds of
the Certificates or to use the Equipment, or to cause or permit
them to be used, or to enter into any deferred payment
arrangements for the cost of the Equipment, in such a manner as
to cause the Certificates to be "private activity bonds" within
the meaning of Sections 103 and 141 through 150 of the Code.
23. T_, E xem t Status of the C rt i f icates : Rebate
The City shall comply with requirements necessary under the Code
to establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Certificates,
including without limitation (1) requirements relating to
temporary periods for investments, (2) limitations on amounts
invested at a yield greater than the yield on the Certificates,
and (3) the rebate of excess investment earnings to the United
States.
24. No Desianation of 4ualified Tax- Exemp
Obligations The Certificates exceed in amount those which may
be qualified as "qualified tax- exempt.obligations" within the
meaning of Section 2 6 5 (b) (3) of the Code,, and hence are not
designated for such purpose.
25. Severability If any section, paragraph or
provision of this resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph or provision shall not affect any of
the remaining provisions of this resolution.
26. Headings Headings in this resolution are
included for convenience of reference only and are not a part
hereof, and shall not limit or define the meaning of any
provision hereof.
The motion for the adoption of the foregoing resolution
was duly seconded by member and, after a full
discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
adopted.
245786
Whereupon said resolution was declared duly passed and
19
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting
Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that
I have compared the attached and foregoing extract of minutes
with the original thereof on file in my office, and. that the same
is a full,, true and . complete transcript of the minutes of A
meeting of the City Council of said City, duly called and held on
the date therein indicated,. insofar as such minutes relate to
considering bids for, and awarding the competitive negotiated
sale of, $215,000 General Obligation Equipment Certificates of
Indebtedness, Series 1993A of said City.
WITNESS my hand and the seal of said City this 26th day
of August, 1993.
Clerk
SEAL)
245786
20
4. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93 -08 -114
RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $8,190,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19936 PROVIDING FOR THEIR
ISSUANCE, PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS AND LEVYING A TAX
FOR THE PAYMENT THEREOF
SEE ATTACHED)
Seconded by Councilmember Carlson Ayes - All
5. Councilmember Zappa introduced the following Resolution and moved=
adoption:
93 - 08 - 115
RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $4,840,000
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993C, PLEDGING FOR THE
SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF
Seconded by Councilmember Carlson Ayes - All
Councilmember Carlson left the meeting at 4:57 p.m.
E. A.M.M.'s LEGISLATIVE UPDATE
1, Mr. Vern Peterson, Executive Director of Association of Metropolitan
Municipalities (AMM), and Mr. Roger Peterson presented information
about AMM's 1993 activities services which the organization provides
for its members.
Mayor Bastian left the meeting at 5:35 p.m.
F. .ADJOURNMENT
The meeting was adjourned at 5:41 p.m.
EXTRACT OF MINUTES of A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA
HELD: August 26, 1993
Pursuant to due call and notice thereof, a special
meeting of the City Council of the City of Maplewood, Ramsey
County, Minnesota, was duly called and held at the City Hall in
said City on Thursday, the 26th day of August, 1993, at 4:30
P..M., for the purpose of considering bids for, and awarding the
competitive negotiated sale of, $8,190,000 General Obligation Tax
Increment Bonds, Series 1993B of the City.
The following members.were present:
and the following were absent:
The City Clerk presented bids on $8,190,000 General
Obligation Tax Increment Bonds, Series 1993E of the City, for
which proposals were to be received, opened and tabulated by the
City Clerk, or her designee, this same day, in accordance with
the resolution adopted by the City Council on July 26, 1993.
The following proposals were received, opened and
tabulated at 11:00 A.M., Central Time, at the offices of
Springsted Incorporated, in the presence of the City Clerk, or
her designee, on this same day:
Interest True
Bidder Rate Interest Cost
245871
The Council then proceeded to consider and discuss the
bids, after which member introduced the following
resolution and moved its adoption:
RESOLUTION ACCEPTING BID ON THE COMPETITIVE
NEGOTIATED SALE OF
8,190,000 GENERAL OBLIGATION TAX INCREMENT
BONDS, SERIES 19938, PROVIDING FOR THEIR ISSUANCE,
PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of
Maplewood, Minnesota (the "City "), has heretofore created
Development District No. 1 (the "Development District ") pursuant
to the provisions of Minnesota Statutes, Section 469.124 through
469.134, and has approved a development program (the "Program ")
with respect to the Development District; and
Be WHEREAS, the Council has also approved tax
increment financing plans (the "Plans "), and designated Housing
Districts No. 1 -1, 1 -2 and 1 -3 housing districts and Economic
Development Districts No. 1-1, 1 -2 and 1 -3 economic development
districts (collectively,, the "Tax Increment District ") under the
provisions of Minnesota Statutes, Section 469.174 through
469.179;- and
C. WHEREAS, pursuant to the provisions of the Program
and Plans, funds are to be expended within the Development
District to provide money to finance certain capital and
administration costs of the Development District, particularly
the construction of a community center in the City, as set forth
in the Plans (the "Project ") ; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Maplewood, Minnesota, as follows:
1. Acceptance of Bid The bid of
w
the "Purchaser "), to purchase $8,190,000 General
Obligation Tax Increment Bonds, Series 1993B of the City (the
Bonds ", or individually a "Bond ") , in accordance with the terms
of proposal, at the rates of interest hereinafter set forth, and
to pay therefor the sum of $ , plus interest accrued to
settlement, is hereby found, determined and declared to be the
most favorable bid received and is hereby accepted, and the Bonds
are hereby awarded to said bidder. The City Clerk is directed to
retain the deposit of said bidder and to forthwith return to the
unsuccessful bidders their good faith checks and drafts.
245871
2
2*it • Oricrinal Issue Date no n ' ons •
Maturities The Bonds shall be titled ".General Obligation Tax
Increment Bonds, Series 19938 shall be dated September 1, 1993,
as the date of original issue and shall be issued forthwith on or
after such date as fully registered bonds. The Bonds shall be
numbered from R -1 upward -in the denomination of 5,000 each or in
any integral multiple thereof of a single maturity.The Bonds
shall mature on February l in the years and amounts as follows:
Amount Year Amount
1995 940,000 2006 390,000
1996 380 2007 420,000
1997 400 2008 450,000
1998 370,000 2009 545,000
1999 30,000 2010 595,000
2000 45.2011 630
2001 175,000 2012 320,000
2002 305,000 2013 350,000
2003 335,000 2014 385,000
2004 345,000 2015 415,000
2005 365,000
3. Purpose The Bonds shall provide funds to finance
the Project pursuant to Minnesota Statutes, Chapters 469 and 475.
Pursuant to the Plans, tax increments derived from the Tax
Increment Districts (the "Tax Increments ") established pursuant
to the Plans, have been pledged to the payment of the Bonds and
interest thereon. The estimated collection of Tax Increments
exceeds twenty percent (20%) of the cost of the Project. The
total cost of the Project, which shall include all costs
enumerated in Minnesota Statutes, Section 475.65, is estimated to
be at least equal to the amount of the Bonds.
4 Interest The Bonds shall bear interest payable
semiannually on February 1 and August 1 of each year (each, an
Interest Payment Date "), commencing February 1, 1994, calculated
on the basis of a 360 -day year of twelve 30 -day months, at the
respective rates per annum set forth opposite the maturity years
as follows:
245871
3
i
A
Maturity Interest Maturity Interest
Year Rate Year Rate
1995 2006
1996 2007
1997 2008
1998 2009
1999 2010
2000 2011
2001 2012
2002 2013
2003 2014
2004 2015
2005
5. Redemption All Bonds maturing in the years 2004
to 2015, both inclusive, shall be subject to redemption and
prepayment at the option of the City on February 1, 2003, and on
any date thereafter at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the maturities and the
principal amounts within each maturity to be redeemed shall be
determined by the City; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen. by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and
payable on the redemption date, and interest thereon shall cease
to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each
affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar prior to giving notice of
redemption shall.assign to each Bond having a common maturity
date a distinctive number for each $5,000 of the principal amount
of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount of
each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with, if the City or Bond
Registrar so requires, a written instrument of transfer in form
satisfactory to the City and Bond Registrar duly executed by the
holder thereof or his, her or its attorney duly authorized in
245871
4
writing) and the City shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such
Bond, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by
such Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
6. Bond Registrar
i,n is
appointed to act as bond registrar and transfer agent with
respect to the Bonds (the "Bond Registrar "), and shall do. so
unless and until a successor Bond Registrar is duly appointed,
all pursuant to any contract the City and Bond Registrar shall
execute which is consistent herewith. The Bond Registrar shall
also serve as 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 (or record holders) of
the Bonds in the manner set forth in the form of Bond and
paragraph 12 of this resolution.
7. Form of Bond The Bonds, 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:
245871
5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-
INTEREST
RATE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
GENERAL OBLIGATION TAX INCREMENT
BOND, SERIES 1993B
MATURITY DATE OF
DATE ORIGINAL ISSUE
SEPTEMBER 1 1993
DOLLARS
CUSIP
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies
that it is indebted and for value received promises to pay to the
registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, unless called for
earlier redemption, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment
Date "), commencing February 1, 1994, at the rate per annum
specified above (calculated on the basis of a 360 -day year of
twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent
Interest Payment Date to which interest has been paid or, if no
interest has been paid, from the date of original issue hereof.
The principal of and premium, if any, on this Bond are payable
upon presentation and surrender hereof at the principal office of
in
the "Bond Registrar"),
acting as paying agent, or any successor paying agent duly
appointed by the Issuer. Interest on this Bond will be paid on
each Interest Payment Date by check or draft mailed to the person
in whose name this Bond is registered (the "Holder" or
Bondholder ") on the registration books of the Issuer maintained
by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date ").
Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date,
245871
L
5
and shall. be payable to the person who is the Holder hereof at
the.-close of business on a date (the "Special Record Date ") fixed
by the Bond Registrar whenever money becomes available for.
payment of the defaulted interest. Notice of the Special Record
Date shall be given to Bondholders not less than ten days prior
to the Special Record Date. The principal of and premium, if
Any, and interest on this Bond are payable in lawful money of the
United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota 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 that 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 or
statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey
County, Minnesota, by its City Council.has caused this Bond to be
executed on its behalf by the facsimile signatures of its Mayor
and its Clerk, the corporate seal of the Issuer having been
intentionally omitted as permitted by law.
245871
7
t s
Date of Registration:
BOND, REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is.one of the
Bonds described in the
Resolution mentioned,
within.
By
Authorized Signature
245871
s/ Facsimile
Mayon
8
ON REVERSE OF BOND
Redemption All Bonds of th issue (the "Bonds ")
maturing in the years 2004 to 2.015, both inclusive, are subject
to redemption and prepayment at the option of the Issuer on
February 1, 2003, and on any date thereafter at a price of par
plus accrued interest. Redemption may be in whole or in part of
the subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be
redeemed shall be determined by the Issuer; and if only part of
the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by
lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and
interest thereon shall cease to accrue from and after the
redemption date. Mailed notice of redemption shall be given to
the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption Partial Redemption
To effect a partial redemption of Bonds having a common maturity
date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5, 000 of the
principal amount of such Bond. The Bond Registrar shall then
select by lot, using such method of selection as it shall deem
proper in its discretion, from the numbers assigned to the Bonds,
as many numbers as, at $5,000 for each number, shall equal the
principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal
amount of such Bond of a denomination of more than $5,000 shall
be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it
shall be surrendered to the Bond Registrar (with, if the Issuer
or Bond Registrar so requires, a written instrument of transfer
in fo.= satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or his, her or its attorney duly
authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver
to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and
interest rate and of any authorized denomination or
denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed
portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation This Bond is
one of an issue in the total principal amount of $8,190,000, all
of like date of original issue and tenor, except as to number,
245871
9
maturity, interest rate, denomination and redemption privilege,
which Bond has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the
Issuer on August 26, 1993 (the "Resolution ") , for the purpose of
providing money to finance certain capital and administration
costs of Development District No. 1, particularly the
construction of a community center, within the jurisdiction of
the Issuer. This Bond is payable out of the General Obligation
Tax Increment Bonds, Series 1993B Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide
moneys for the prompt and full payment of its principal, premium,
if. any, and interest when the same become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
Denominations, Exchange; Resolution The Bonds are
issuable solely as fully registered bonds in the denominations of
5,000 and integral multiples thereof of a single maturity and
are exchangeable for . fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the.rights and duties of the.Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar.
Transfer This Bond is transferable by the Holder in
person or by his, her or its attorney duly authorized in writing
at the principal office of the Bond Registrar upon presentation
and surrender hereof to the Bond Registrar, all subject to the
terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the
Bond Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transferor Lo,_ 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 and any legal or unusual costs regarding
transfers and lost Bonds.
245871
10
Treatment of Registered Owners The Issuer and Bond
y Registrar may treat the person in whose name this Bond is
registered as the owner hereof for the purpose of receiving
payment as herein provided (except as . otherwise provided on the
reverse side hereof with respect to the Record Date). and for all
other purposes, whether or not this Bond shall be overdue, and
neither the Issuer nor the Bond Registrar shall be affected by
notice to the contrary
Authentication. This Bond shall not be valid or become
obligatory for any purpose or be entitled to any security unless
the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Not Qualified Tax- Exempt Obligation. This Bond has not
been designated by the Issuer as a "qualified tax - exempt
obligation" for purposes of Section 265 (b) (3) of the Internal
Revenue Code of 1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the face of this Bond, shall be construed as though they were
written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA as custodian for
Cust) (Minor)
under the Uniform
State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the.above list.
245871
11
0
ASSIGNMENT
r
f 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 appears upon the face of the
within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed
I
by a national bank or trust
company or by a brokerage firm having a membership in one of the
major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad -15 (a) (2 )
The Bond Registrar.will not effect transfer of this Bond
unless the information concerning the transferee requested below
is provided.
Name and Address.
Include information for all joint owners
if the Bond is held by joint account.)
245871
12
80 Executiont-TemRorary Bonds The Bonds shall be
executed on behalf of the City by the signatures of its Mayor and
Clerk and be sealed with the seal of the City; provided, however,
that the seal of the City may be a printed facsimile; and
provided further that both of such signatures may be printed
facsimiles and the corporate seal may be omitted on the Bonds as
permitted by law. In the event of disability or resignation or
other absence of either such officer, the Bonds may be signed by
the manual or facsimile signature of that officer who may act on
behalf of such absent or disabled officer. In case either such
officer whose signature or facsimile of whose 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,, The City
may elect to deliver, in lieu of printed definitive bonds, one or
more typewritten temporary bonds in substantially the form set
forth above, with such changes as.may be necessary to reflect
more than one maturity in a single temporary bond. Such
temporary bonds may be executed with photocopied facsimile
signatures of the Mayor and Clerk. Such temporary bonds shall,
upon the printing of the definitive bonds and the execution
thereof, be exchanged therefor and canceled.
9. Authentication No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this resolution unless a Certificate of
Authentication on such Bond, substantially in the form
hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of
Authentication on different Bonds need not be signed by the same
persona The Bond Registrar shall authenticate the signatures of
officers of the City on each . Bond by execution of the Certificate
of Authentication on the Bond and by - inserting as the date of
registration in the space provided the date on which the Bond is
authenticated, except that for purposes of delivering the
original Bonds to the Purchaser, the Bond Registrar shall insert
as a date of registration the date of original issue, which date
is September 1, 1993. The Certificate of Authentication so
executed on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this resolution.
lo. Registration; Transfer; Exchange The City will
cause to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
transfers of Bonds entitled to be registered or transferred as
herein provided.
245871
13
f1
Upon surrender for transfer of any Bond 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 (as provided in paragraph 9) of, and
deliver, in the name of the designated transferee, or transferees,
one or more new Bonds of any authorized denomination or
denominations of a like aggregate principal amount, having the
same stated maturity and interest rate, as requested by the
transferor; provided, however, that no Bond may be registered in
blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged 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 Bond Registrar
shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is
entitled to receive.
All Bonds surrendered upon any exchange or transfer
provided for in this resolution shall be promptly canceled by the
Bond Registrar and thereafter disposed of as directed by the
City.
All 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 or
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 Holder thereof or his, her or its
attorney duly authorized in writing.
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 and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable
regulations of the City contained in any agreement with the Bond
Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment
dates. The Clerk is hereby authorized to negotiate and execute
the terms of said agreement.
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11. Rights Uoon Transfer or,Exchanae Each Bond
delivered upon transfer of or in exchange for 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.
12. Interest Pavment Record Date Interest on any
Bond shall be paid on each Interest Payment Date by check or
draft mailed to the person in whose name the Bond is registered
the "Holder ") on the registration books of the city maintained
by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth (15th) day of the calendar
month next preceding such Interest Payment Date (the "Regular
Record Date "). Any such interest not so timely paid shall cease
to be payable to the person who is the Holder thereof as of the
Regular Record Date, and shall be payable to the person who is
the Holder thereof at the close of business on a date (the
Special Record Date ") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given by the Bond Registrar
to the Holders not less than ten (10) days prior to the Special
Record Date.
13. Treatment of ,Registered Owner The City and Bond
Registrar may treat the person in whose name any Bond is
registered as the owner of such Bond for the purpose of receiving
payment . o f principal of and premium, if any, and interest
subject to the payment provisions in.paragraph 12 above) on,
such.Bond.and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
14. Delivery_ Application of Proceeds The Bonds when
so prepared and executed shall be delivered by the Finance
Director to the Purchaser upon receipt of the purchase price, and
the.Purchaser shall not be obliged to see to the proper
application thereof.
15. Funds. There has heretofore been created a
capital projects fund designated the Tax Increment District No. 2
Fund .(the "Capital Projects Fund ") held and administered by the
Finance Director separate and apart from all other funds of the
City. The Capital Projects Fund shall be used to (a) account for
the receipt and disbursement of Tax Increments derived from the
Tax Increment Districts that is not needed for the Debt Service
Fund (as hereinafter defined) and (b) account for the expenditure
of the bond proceeds on the Project. To the Capital Projects
Fund. there shall be credited the proceeds of the sale of the
Bonds, less accrued interest received thereon, and less any
amount paid for the Bonds in excess of $8,083,530, and less such
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15
amount as is necessary,a together with other available funds, to
pay interest due on the Bonds prior to the receipt of Tax
Increments. From the Capital Projects' Fund there shall be paid
all.costs and expenses of the Project, including all costs
incurred and to be incurred of the kind authorized in Minnesota
Statutes, Sections 469.176 and 475.65; and the moneys in said
account shall be used for no other purpose except as otherwise
provided by law; provided that the proceeds of the Bonds may also
be used to the extent necessary to pay interest on the Bonds due
prior to the receipt of Tax Increments.
There is hereby created a debt service fund to be
designated the General Obligation Tax.Increment Bonds, Series
19 9 3 B Fund (the "Debt Service Fund") to be administered and
maintained by the Finance Director as a bookkeeping account
separate and apart from all other funds maintained in the
official financial records of the City. The Debt Service Fund
shall be ma intained. in the manner herein specified until all of
the Bonds herein authorized and any other general obligation tax
increment bonds hereafter made payable from the Debt Service Fund
and issued for the Project, including any modifications or
additions thereto, and the interest thereon have been fully paid.
There are hereby irrevocably appropriated and pledged to, and
there shall be credited to, the Debt Service Fund: (a) Tax
Increments, in an amount sufficient, together with other sums
herein pledged, to pay. the annual principal and interest payments
on the Bonds and interest on inter -fund loans; (b) all accrued
interest received upon delivery of the Bonds; (c) all funds paid
for the Bonds in excess of $8,083,530; (d) any collections of all
taxes herein or hereafter levied for the payment of the Bonds and
interest thereon; (e) all investment earnings on funds held in
the Debt Service Fund; and (f) any and all other moneys which are
properly available., and are appropriated by the governing body of
the City to the Debt Service Fund. The Debt Service Fund shall
be used solely to pay the principal and interest and any premiums
for redemption of the Bonds and any other general obligation tax
increment bonds of the City hereafter issued by the City and made
payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used
directly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (1) for a reasonable
temporary period until such proceeds are needed for the purpose
for which the Bonds were issued and (2) in addition to the above
in an amount not greater than the lesser of five percent (5%) of
the proceeds of the Bonds or $100,,000,, To this effect, any
proceeds of the Bonds and any sums from time to time held in the
Capital Projects Fund or Debt Service Fund (or any other City
245871
16
account which will be used to pay principal or ,interest to become
due.on the bonds payable therefrom) in excess of amounts which
under then- applicable federal arbitrage regulations may be
invested without regard to yield shall not be invested at a yield
in excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such
investment would cause the Bonds to be "federally guaranteed"
within the meaning of Section 149(b) of the Internal Revenue Code
of 1986, as amended (the "Code"),,
16. Original Assessed Value /Net Tax ,Capacity; Tax
Increments; Use of Tax Increments The County Auditor of Ramsey
County has certified the original assessed values or net tax
capacity, as the case may be, (as defined in Minnesota Statutes,
Section 469.174, Subdivision 7) of property in the Tax Increment
Districts. The County Auditor shall determine in each year if
the then current net tax capacity of property in the Tax
Increment Districts exceeds the original assessed values or net
tax capacity, as the case may be, and shall calculate, in the
manner provided in Minnesota Statutes, Section 469.177,
Subdivision 3, the captured net tax capacity (as defined therein)
attributable to the Tax Increment Districts. The City hereby
determines to retain 100% of the captured net tax capacity for
purposes of tax increment financing. The County Auditor shall,
in each such year, compute the local tax rates to be extended
against the captured net tax capacity in the manner provided in
Minnesota Statutes, Section 469.177, Subdivision 3, and the tax
generated thereby shall constitute the Tax Increments for the
year in which it is received. The County Treasurer will remit to
the City the Tax Increments so received. The City hereby
appropriates Tax Increments to the Debt Service Fund, which
appropriation shall continue until all of the Bonds and any
additional bonds payable from the Debt Service Fund, are paid or
discharged. The City hereby expressly reserves the right to use
Tax Increments to finance costs set forth in the Plans not
financed hereby or to finance costs of other projects to be
undertaken from time to time within the Development District in
accordance with the Program and the Plans, as they may from time
to time be amended.
17. TaxLevy; Coverage_ Test To provide moneys for
payment of the principal and interest on the Bonds there is
hereby levied upon all of the taxable property in the City a
direct annual ad valorem tax which shall be spread upon the tax
245871
17
t
rolls and collected with and as part of other general property
taxes -in the City for the years and in the amounts as follows:
Year of Tax Year of Tax
Levu Collection Amount
1993 1994 $
1994 1995
1995 1996
1996 1997
1997 1998
1998 1999
1999 2000
2000 2001
2001 2002
2002 2003
2003 2004
2004 2005
2005 2006
2006 2007
2007 2008
2008 2009
2009 2010
2010 2011
2011 2012
2012 2013
2013 2014
2014 2015
The tax levies are such that if collected in full they,
together with estimated collections of Tax Increments and other
revenues herein pledged for the payment of._the__Bonds, will
produce at least five percent (5%) in excess of the amount needed
to meet when due the principal and interest payments on the
Bonds. The tax levies shall be irrepealable so long as any of
the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner
and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3.
18. Reservation of Rights Notwithstanding any
provisions herein to the contrary,a the City reserves the right
to terminate, reduce or apply to other lawful purpose the Tax
Increments herein pledged to the payment of the Bonds and
interest thereon to the extent and in the manner permitted by
law.
19. Defeasance When all Bonds have been discharged
as provided in this paragraph, all pledges, covenants and other
245871
18
rights.granted by this resolution to.the registered holders of
the Bonds shall, to the extent permitted by law, cease. The City
may.di.scharge its obligations with respect to any Bonds which are
due on any date by irrevocably depositing with the Bond Registrar
on or before that date a sum sufficient for the payment thereof
in fullo,or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar
a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The City may also discharge
its obligations with respect to any prepayable Bonds called for
redemption on any date when they are prepayable according to
their terms, by depositing with the Bond Registrar on or.before
that date a sum sufficient for the payment . thereof in full,
provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with
respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a suitable banking institution
qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such
rates and maturing on such dates as shall be required, subject to
sale and /or reinvestment, to pay all amounts to become due
thereon to maturity or, if notice of redemption as herein
required has been duly provided for, to such earlier redemption
date.
20. Compliance With Reimbursement Bond Regulations
The provisions of this paragraph are intended to establish and
provide for the City's compliance with United States Treasury
Regulations Section 1.103 -18 (the "Reimbursement Regulations ")
applicable to the "reimbursement proceeds" of the Bonds, being
those portions thereof which will be used by the City to
reimburse itself for any expenditure which the City paid or will
have paid prior to the Closing Date (an "Expenditure ").
The City hereby certifies and /or covenants as follows:
a) On or before the date of payment of each Expenditure,
the City (or person designated to do so on behalf of
the City) made or will have made a written declaration
of the City's official intent (a "Declaration") which
effectively (i) states the City's intention and
reasonable expectation to reimburse itself for the
payment of the Expenditure out of the proceeds of a
subsequent borrowing; (ii) gives a general and
functional description of the property, project or
program to which the Declaration relates and /or
identifies a specif is fund or account of the City and
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19
the general functional purpose thereof from which the
Expenditure was to be paid (collectively-the
Project ") ; (iii) states the maximum principal amount
of debt expected to be issued by the City for the
purpose of financing the Project; and (iv) states
specifically that the Declaration is a declaration of
official intent under Treasury Regulations Section
1.103 -18 provided, however, that no such Declaration
shall necessarily have been made with respect to
preliminary expenditures" for the Project, defined in
the Reimbursement Regulations to include engineering or
architectural expenses and similar prefatory expenses,
which in the aggregate do not exceed 20% of the "issue
price" of the Bonds. Notwithstanding the foregoing,
With respect to Expenditures made by the City prior to
March 2, 1992, the City hereby represents that there
exists objective evidence, within the meaning of the
Reimbursement Regulations, that at the time the
Expenditure was paid the City expected to reimburse the
cost thereof with the proceeds of a borrowing.
b) As of the date of each Declaration, there were not and
were not thereafter expected to become available
sources of City funds which were or were expected to be
dedicated or otherwise available on a long - term basis
to provide financing for the Expenditure or Project.
c) Each Declaration was made a part of the publicly
available official books, records or proceedings of the
City and was continuously available for inspection by
the general public at City Hall during regular City
hours beginning not later than 30 days after the making
of the Declaration and continuing through the date of
issuance of the Bonds, as required by the Reimbursement
Regulations.
d) Each Expenditure, other than the costs of issuing the
Bonds, is a capital expenditure, that is, a cost of a
type that is properly chargeable to a capital account
or would be with a proper election) under general
federal income tax principles.
e) The "reimbursement allocation" described in the
Reimbursement Regulations for each Expenditure shall
and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the
period ending on the date which is the later of one
year after payment of the Expenditure or one year after
245871
20
the date on which the Project to which the Expenditure
relates is first placed in service
f) Each such reimbursement allocation will be evidenced by
an entry on the official books or records of the City
maintained for and in connection with the Bonds and
will specifically identify the actual prior Expenditure
or Project or, in the case of the reimbursement of a
particular fund or account described in the applicable
Declaration, the fund or account from which the
Expenditure was paid.
g) The City is unaware of any facts or circumstances which
would cause it to question the - reasonability or
accuracy of the content of this paragraph or of any of
the Declarations, or its compliance with any of the
covenants herein or therein, including without
limitation the City's failure to issue qualifying
reimbursement bonds for costs for which it has made
declarations of official intent, absent extraordinary
and unforeseeable circumstances of the kind described
in the Reimbursement Regulations.
21,, General Oblia_ tonPl;dge For the prompt and
full payment of the principal and interest on the Bonds, as the
same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged.
if the balance in the Debt Service Fund is ever insufficient to
pay all principal and interest then due on the Bonds and any
other bonds payable therefrom, the deficiency shall be promptly
paid out of any other funds of the City which are available for
such purpose, and such other funds may be reimbursed with or
without interest from the Debt Service Fund when a sufficient
balance is available therein.
22. Certificate of Registration The Clerk 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 or she shall require, and to obtain the
County Auditor's certificate that the Bonds have been entered in
the County Auditor's Bond Register, and that the tax levy
required by law has been made.
23. Records and Certificates The officers of the
City are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits,
245871
21
certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified
copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the
facts recited therein.
24. Negative Covenant as
Project The City hereby covenants
the Bonds or to use the Project, or
used, or to enter into any deferred
cost of the Project, in such a manni
private activity bonds" within the
141 through 150 of the Code.
to Use of-Proceeds and
not to use the proceeds of
to cause or permit them to be
payment arrangements for the
er as. to cause the Bonds to be
meaning of Sections 103 and
25. Tax- Exempt Status of the Bonds; Rebate The City
shall comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including
without limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
greater than the yield on the Bonds, and (3) the rebate of excess
investment earnings to the United States.
26. No Designation.of Qualified Tax- Exempt
Obligations The Bonds exceed in amount those which may be
qualified as "qualified tax - exempt obligations" within the
meaning of Section 2 6 5 (b) (3 ) of the Code, and hence are not
designated for such purpose.
27. Severability If any section, paragraph or
provision of this resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph or provision shall not affect any of
the remaining provisions of this resolution.
28. Headings Headings in this
included for convenience of reference onl y
hereof, and shall not limit or define the
provision hereof .
resolution are
and are not a part
meaning of any
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A
tr
The motion for the adoption of the foregoing resolution
was duly seconded by member and, -after a full
discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the
Whereupon said resolution was declared duly passed and
adopted,
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3
STATE of MINNESOTA
COUNTY OF RAMSEY z
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting
Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that
I have compared the attached and foregoing extract of minutes
with the original thereof on file in my office, and that the same
is a full, true and complete transcript of the minutes of a
meeting of the City Council of said City, duly called and held on
the date therein .indicated, insofar as such minutes relate to
considering bids for, and awarding the competitive negotiated
sale of, $8,190,000 General Obligation Tax Increment Bonds,
Series 1993B of said City.
WITNESS my hand and the seal of said. City this 26th day
of August, 1993.
Clerk
SEAL)
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24
I
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA
HELD: Au 26, 1993
Pursuant.to due call and notice thereof, a special
meetin of the Cit Council of the Cit of Maplewood,, Ramse
Count Minnesota, was dul held at the Cit Hall in said Cit on
Thursda the 26th da of Au 1993,, at 4:30 P.M,.,, for the
purpose of considering jFbidsf awardin the competitive
ne sale of:,, $4,,84.0,000 General Obli Improvement
Refundin Bonds, Series 1993C of the Cit
The followin members were present:
and the followin were absent.
The Cit Clerk presented bids on $4,840,,000 General
Obli Improvement Refundin Bonds, Series 1993C of the Cit
for which proposals were to be received, opened and tabulated b
the City Clerk, or her desi this same da in accordance
with the resolution adopted b the Cit Council on Jul 26, 19930
Th followin proposals were received., opened and
tabulated at 11900 A.M...Central Time, at the offices of
Sprin Incorporated, in the presence of the Cit Clerk, or
her desi on this same da
Interest True
Bidder Rate Interest Cost
245972
The Council then proceeded to consider and discuss the
bids, after which member introduced the following
resolution and moved its adoption:
RESOLUTION ACCEPTING BID ON THE COMPETITIVE
NEGOTITATED SALE OF $4,840,000 GENERAL OBLIGATION
IMPROVEMENT REFUNDING BONDS, SERIES 1993C,
PLEDGING FOR THE SECURITY THEREOF
SPECIAL ASSESSMENTS AND LEVYING A
TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Maplewood,
Minnesota (the "City"),, has heretofore determined and declared
that it is necessary and expedient to provide moneys for a
crossover refunding of the City's General Obligation Improvement
Bonds of 1989, dated November 1, 1989 (the "Prior 1989 Bonds "),
issued for the purpose of providing money to finance the
construction of various improvements in the City (the 111989
Project ") pursuant to the resolution of the City Council, dated
October 19, 1989, authorizing issuance of the Prior 1989 Bonds
the "Prior 1989 Resolution "); and
Be WHEREAS, $1,075,000 of the principal amount of the
Prior 1989 Bonds which mature on or after August 1, 1996, are
callable on August 1, 1995, at a price of par plus accrued
interest as provided in the Prior 1989 Resolution; and
C. WHEREAS, the City Council of the City has also
heretofore determined and declared that it is necessary and
expedient to provide moneys for a crossover refunding.of the
City's General Obligation Improvement Bonds, Series 1990, dated
December 1, 1990 (the "Prior . 19 9 0 Bonds"),, issued for the purpose
of providing money to finance the construction of various
improvements in the City (the 111990 Project ") pursuant to the
resolution of the City Council, dated November 15, 1990,
authorizing issuance of the Prior 1990 Bonds (the "Prior 1990
Resolution ");:and
D. WHEREAS, $3,860,000 of the principal amount of the
Prior 1990 Bonds which mature on or after December 1, 1999, are
callable on December 1, 1998, at a price of par plus accrued
interest as provided in the Prior 1990 Resolution; and
E. WHEREAS, the Prior 1989 Bonds and the Prior 1990
Bonds are hereinafter collectively referred to as the "Prior
Bonds "; and
F. WHEREAS, the 1989 Project and the 1990 Project are
hereinafter collectively referred to as the "Project"; and
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2
G. WHEREAS, the Prior 1989 Resolution and the Prior
1990 Resolution are hereinafter collectively referred to as the
Prior Resolution "; and
H. WHEREAS, the - refunding of the callable Prior Bonds,
is consistent with covenants made with the holders thereof, and
is necessary.and desirable for the reduction of debt service cost
to the City; and
I. WHEREAS, the City Council has heretofore determined
and declared that it is necessary and expedient to issue
4,840,000 General Obligation Improvement Refunding Bonds, Series
19.93C of the City, pursuant to Minnesota Statutes, Chapter 475,
to providemoneys for a crossover refunding of the callable Prior
Bonds; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Maplewood, Minnesota, as follows:
116 Acceptance of Bid The bid of
the "Purchaser "), to purchase $4,,840,000 General
Obligation Improvement Refunding Bonds, Series 1993C of the City
the "Bonds ", or individually a "Bond "), in accordance with the
terms of proposal, at the rates of interest hereinafter set
forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared
to be the most favorable bid received and is hereby accepted, and
the Bonds are hereby awarded to said bidder. The City Clerk is
directed to retain the deposit of said bidder and to forthwith
return to.the unsuccessful bidders their good faith checks and
drafts*
2. Title; Original Issue Date; Denominati ons
Maturities; Combining Maturities The Bonds shall be titled
General Obligation Improvement Refunding Bonds, Series 1993C ,
shall be dated September 1, 1993, as the date of original issue
and shall be issued forthwith on or after such date as fully
registered bonds. The Bonds shall be numbered from R -1 upward in
the denomination of $5.,000 each or in any integral multiple
thereof of a single maturity. The Bonds shall mature on February
1 in the years and amounts as follows:
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3
ear Amount Y_ear Amount
1997 -1999 70,000 2006 385,000
2000 305,000 2007 410,000
2001 320,000 2008 430,000
2002 330,000 2009 450,000
2003 335,000 2010 480,000
2004 355,000 2011 455,000
2005 375,000
All dates are inclusive.
For the purpose of complying with Minnesota Statutes,
Section 475.54, Subdivision 1, the maturity schedule for the
Bonds has been combined with the maturity schedule for the Prior
Bonds,.as permitted by Minnesota Statutes, Section 475.54,
Subdivision 2.
3. Allocation of Bonds to Prior 1989 Bonds and to
Rrior 1990 Bonds $ in aggregate principal amount of
the Bonds is properly allocable to the costs of crossover
refunding the Prior 1989 Bonds (the 111989 Refunding Portion").
The remaining aggregate principal amount of the Bonds (i.e.
is properly allocable to the costs of crossover
refunding the Prior 1990 Bonds (the 111990 Refunding Portion"),.
4. Puroose; Refunding Findings The Bonds shall
provide funds for a crossover refunding of .all the City's
callable Prior Bonds (the "Refunding" ) . It is hereby found,
determined and declared that the Refunding is pursuant to
Minnesota Statutes, Section 475.67, Subdivision 13, shall result
in a reduction of the present value (as of the applicable
crossover date) of the dollar amount of the debt service to the
City from a total dollar amount of (i) $ for the
Prior 1989 Bonds to a total dollar amount of $ for the
1989 Refunding Portion of the Bonds, and (ii) $ for
the Prior 1990 Bonds to a total dollar amount of $
for the 1990 Refunding Portion of the bonds, in each case
computed in accordance with the provisions of Minnesota Statutes,
Section 475.67, Subdivision 12, and accordingly the dollar amount
of such present value of the debt service for the Bonds is lower
by at least three percent (3.00 %) than the dollar amount of such
present value of the debt service for the Prior Bonds as required
in said Subdivision 12.
5. Interest The Bonds shall bear interest payable
semiannually on February 1 and August 1 of each year (each, an
Interest Payment Date "), commencing February 1, 1994, calculated
on the basis of a 360 - day.year of twelve 30 -day months, at the
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4
respective rates per annum set forth opposite the maturity years
As follows:
Maturity interest Maturity Interest
Year Rate Year Rate
1997 2005
1998 2006
1999 2007
2000 2008
2001 2009
2002 2010
2003 2011
2004
b. ]Redemption All Bonds maturing in the years 2004
to.2011, both inclusive, shall be subject to redemption and
prepayment at the option of the City on February 1, 2003, and on
any date thereafter at a price of par plus.accrued .interest.
Redemption may be.in whole.or in part of the Bonds subject to
prepayment. If redemption is in part, the maturities and the
principal amounts.within each maturity to be redeemed shall be
determined by the City; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and
payable on the redemption date, and interest thereon shall cease
to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each
affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar prior to giving notice of
redemption shall assign to each Bond having a common maturity
date a distinctive number for each $5,000 of the principal amount
of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selantad•
provided, however, that only so much of the principal amount of
each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with, if the City or Bond
Registrar so requires, a written instrument of transfer in form
satisfactory to the City and Bond Registrar duly executed by the
holder thereof or his, her or its attorney duly authorized in
245972
5
writing) and the City, shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such s'
Bond, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by
such Holder, in aggregate principal amount.equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
7. Bond Registrar , in
is appointed to act as bond registrar and
transfer agent with respect to the Bonds (the "Bond Registrar "),
and shall do so unless and until a successor Bond Registrar is
duly appointed, all pursuant to any contract the City and Bond
Registrar shall execute which is consistent herewith. The Bond
Registrar shall. also serve as 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 (or record
holders) of the Bonds in the manner set forth in the form of Bond
and paragraph 13 of this resolution.
8. Form of Bond The Bonds, 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:
245972
6
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- $
GENERAL OBLIGATION
IMPROVEMENT REFUNDING BOND, SERIES 1993C
INTEREST MATURITY DATE OF
RATS DATE ORIGINAL ISSUE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
SEPTEMBER 1,. 1993
r *l i _
CUSIP
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Maplewood, Ramsey County, Minnesota (the "Issuer "), certifies
that it is indebted and for value received promises to pay to the
registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, unless called for
earlier redemption, and to pay interest thereon semiannually on
February l and August 1 of each year (each, an "Interest Payment
Date "), commencing February 1, 1994, at the rate per annum
specified above (calculated on the basis of a 360 -day year of
twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent
Interest Payment Date to which interest has been paid or, if no
interest has been paid, from the date of original issue hereof.
The principal of and premium, if any, on this Bond are payable
upon presentation and surrender hereof at the principal office of
in , (the "Bond
Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer. Interest on this Bond will
be paid on each Interest Payment Date by check or draft mailed to
the person in whose name this Bond is registered (the "Holder" or
Bondholder ") on the registration books of the Issuer maintained
by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date ") .
Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date,
245972
7
and shall be payable to the person who is the Holder hereof at
the close of business on a date (the "Special Record Date ") fixed
by the Bond Registrar whenever money becomes available for
payment of the defaulted interest. Notice of the Special Record
Date shall be given to Bondholders not less than ten days prior
to the Special Record Date. The principal of and premium, if
any, and interest on this Bond are payable in lawful money of the
United States of America.
REFERENCE IS HEREBY. MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota 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 that 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 or
statutory limitation.of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey
County, Minnesota, by its City Council has caused this Bond to be
executed on its behalf by the facsimile signatures of its Mayor
and.its Clerk, the corporate seal.of the Issuer having been
intentionally omitted as permitted.by law.
245972
8
Date of Registration: Registrable by:
Payable at
BOND.REGISTRAR'S CITY OF MAPLEWOOD,
CERTIFICATE OF RAMSEY COUNTY, MINNESOTA
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned 1s/ Facsimile
within Mayor
s/ Facsimile
Clerk
Bond Registrar
Sy
Authorized Signature
245972
9
ON REVERSE OF BOND
R dem t ' on . All Bonds of this issue (the "Bonds' )
maturing in the years 2004 to 2011, both inclusive, are subject
to redemption and prepayment at the option of the Issuer on
February 1, 2003, and on any date thereafter at a price of par
plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be
redeemed shall be determined by the Issuer and if only part of
the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by
lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and
interest thereon shall cease to accrue from and after the
redemption date. Mailed notice of redemption shall be given to
the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial RedemRt,
To effect a partial redemption of Bonds having a common maturity
date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then
select by lot, using such method of selection as it shall deem
proper in its discretion, from the numbers assigned to the Bonds,
as many numbers as, at $5,000 for each number, shall equal the
principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal
amount of such Bond of a denomination of more than $5,000 shall
be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it
shall be surrendered to the Bond Registrar (with, if the Issuer
or Bond Registrar so requires, a written -instrument of transfer
in form satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or his, her or its attorney duly
authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver
to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and
interest rate and of any authorized denomination or denomina-
tions, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
245972
10
ssuance ;noose:_- General Obligation This Bond is
one of an issue in the total principal amount of $4,840,000, all
of like date of original issue and tenor, except as to number,
maturity, interest rate, denomination and redemption privilege,
which Bond has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the
Issuer on August 26, 1993 (the "Resolution "), for the purpose of
providing funds sufficient for a crossover refunding: (i) on
August 1, 1995, of the Issuer's General Obligation Improvement
Bonds of 1989, dated November 1, 1989, which mature on August 1,
1996, and thereafter; and (ii) on December 1, 1998, of the
Issuer's General Obligation Improvement Bonds, Series 1990, dated
December 1, 19.90, which mature on December 1, 1999, and
thereafter. This Bond is payable out of the Escrow Account and
the Debt Service Account of the Issuer's General Obligation
Improvement Refunding Bonds, Series 1993C Fund. This Bond
constitutes a general obligation of the Issuer, and to provide
moneys for the prompt and full payment of its principal, premium,
if any, and interest when the same become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
Denominations; Exchange; Resolution The Bonds are
issuable solely as fully registered bonds in the denominations of
5,000 and integral multiples thereof of a single maturity and
are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar.
Transfer This Bond is transferable by the Holder in
person or by his, her or its attorney duly authorized in writing
at the principal office of the Bond Registrar upon presentation
and surrender, hereof to the Bond Registrar, all subject to the
terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the
Bond Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
245972
11
Fees upon Transfer or Loss 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 and any legal or unusual costs regarding.
transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond
Registrar may treat the person in whose name this Bond is
registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided on the
reverse side hereof with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue., and
neither the Issuer nor the Bond Registrar shall be affected by
notice to the contrary.
A_ut_hentication. This Bond shall not be valid or become
obligatory for any purpose or be entitled to any security unless
the Certificate of Authentication hereon. shall have been executed
by the Bond Registrar.
Not Qualified Tax- Exempt Obligation. This Bond has not
been designated by the Issuer as a "qualified tax - exempt
obligation" for purposes of Section 265 (b) (3 ) of the Internal
Revenue Code of 1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the face of this Bond, shall be construed as though they were
written out in full according to applicable laws or regulations:
TEN COM
TEN ENT
JT TEN
UTMA
as tenants in common
as tenants by the entireties
as joint tenants with right of survivorship
and not as tenants in common
as custodian for
Gust)
under the
Minor)
Uniform
State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
245972
12
ASSIGNMENT
For value received,
assigns and transfers unto
hereby irrevocably constitute
attorney to transfer the Bond
registration thereof. with fu;
premises
the undersigned hereby sells,
the within Bond and does
and appoint
on the books kept for the
11 power of substitution in the
Dated:
Notice: The assignor's signature to this
assignment must correspond with the
name as it appears upon the face 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 firm having a membership in one of the
major stook exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad -15 (a) (2) .
The Bond Registrar will not effect transfer of this Bond
unless the information concerning the transferee requested below
is provided.
Name and Address:
Include information for all joint owners
if the Bond is held by joint account.)
245972
13
9. Execution; Temoorary Bonds The Bonds shall be
executed on behalf of the City by the signatures of its Mayor and
Clerk and be sealed with the seal of the City; provided, however,
that the seal of the City may be a printed facsimile; and
provided further that both of such signatures may printed
facsimiles and the corporate seal may be omitted as permitted by
law. In the event of disability or resignation or other absence
of either such officer, the Bonds may be signed by the manual or
facsimile signature of that officer who may act on behalf of such
absent or disabled officer. In case either such officer whose
signature or facsimile of whose 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. The City may elect to
deliver, in lieu of printed definitive bonds, one or more
typewritten temporary bonds in substantially the form set forth
above with such changes as may be necessary to reflect more than
one maturity in a single temporary bond. Such temporary bonds
may be executed with photocopied facsimile signatures of the
Mayor and Clerk. Such temporary bonds shall, upon the printing
of the definitive bonds and the execution thereof, be exchanged
therefor and cancelled.
10. Authentication, No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this resolution unless a Certificate of
Authentication on such Bond, substantially in the form
hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of
Authentication on different Bonds need not be signed by the same
person. The Bond Registrar shall authenticate the signatures of
officers of the City on each Bond by execution of the Certificate
of Authentication on the Bond and by inserting as the date of
registration in the space provided the date on which the Bond is
authenticated, except that for purposes of delivering the
original Bonds to the Purchaser, the Bond Registrar shall insert
as a date of registration the date of original issue, which date
is September 1, 1993. The Certificate of Authentication so
executed on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this resolution.
11. Registration; Transfer; Exchange The City will
cause to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
transfers of Bonds entitled to be registered or transferred as
herein provided.
245972
14
Upon surrender for transfer of any Bond 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 (as provided in paragraph 10) of, and
deliver, in the name of the designated transferee or transferees,
one.or more new Bonds of any authorized denomination or
denominations of a. like aggregate principal amount, having the
ame stated maturity and interest rate, as requested by the
transferor; provided, however, that no Bond may be registered in
blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged 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 Bond Registrar
shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is
entitled to receive.
All Bonds surrendered upon 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.
All 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 or
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 Holder thereof or his, her or its
attorney duly authorized in writing.
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 and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable
regulations of the City contained in any agreement with the Bond
Registrar, including regulations which. permit the Bond Registrar
to close its transfer books between record dates and payment
dates. The Clerk is hereby authorized to negotiate and execute
the terms of said agreement.
245972
15
i
12. Ricthts URon Transfer or Exchanae Each Bond
delivered upon transfer of or in exchange for 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.
13. Interest Pavmentt Record Date Interest on any
Bond shall be paid on each Interest Payment Date by check or
draft mailed to the person in whose name the Bond is registered
the "Holder ") on the registration books of the City maintained
by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth (15th) day of the calendar
month next preceding such Interest Payment Date (the "Regular
Record Date "). Any such interest not so timely paid shall cease
to be payable to the person who is the Holder thereof as of the
Regular Record Date, and shall be payable to the person who is
the Holder thereof at the close of business on a date (the
Special Record Date ") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given by the Bond Registrar
to the Holders not less than ten (10) days prior to the Special
Record Date.
14. Treatment of Registered Owner The City and Bond
Registrar may treat the person in whose name any Bond is
registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest
subject to the payment provisions in paragraph 13 above) on,
such-Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
159 Delivery: Application of Proceeds The Bonds when
so prepared and executed shall be delivered by the Finance
Director to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper
application thereof.
16. Fund and Accounts There is hereby created a
special fund to be designated the "General Obligation Improvement
Refunding Bonds, Series 1993C Fund" (the "Fund ") to be
administered and maintained by the Finance Director as a
bookkeeping account separate and apart from all other funds
maintained in the official financial records of the City. The
Fund shall be maintained in the manner herein specified until all
of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund two (2) separate accounts,
to be designated the "Escrow Account" and "Debt Service Account ",
respectively.
245972
16
1) Escrow Account The Escrow Account shall be maintained
as an escrow account with (the "Escrow
Agent ") in which is a suitable financial
institution within or without the State whose deposits are
insured by the Federal Deposit Insurance Corporation and whose
combined capital and surplus is not less than $500,,0,0:0,. All
proceeds of the sale of the Bonds shall be received by the Escrow
Agent and applied to fund the Escrow Account or to pay costs of
issuing the Bondso Proceeds of the Bonds not used to pay costs
of issuance are hereby irrevocably pledged and appropriated to
the Escrow Account., together with all investment earnings'
thereon. The Escrow Account shall be invested in securities
maturing or callable at the option of the holder on such dates
and bearing interest at such rates as shall be required to
provide sufficient
I
funds, together with any cash or. other funds
retained in the Escrow Account, (i) to pay when due the interest
to accrue on each 1989 Refunding Portion of the Bonds herein
authorized to and including August 1, 1995 and; to pay when due
the interest.to accrue on each 1990 Refunding Portion of the
Bonds herein authorized to and including December 1, 1998; (ii)
to pay when called for redemption on August 1, 1995, the
principal amount of each of the Prior 1989 Bonds;. and (iii) to
pay when called for redemption on December 1, 19 9 8 , the .principal
amount of each of the Prior 1990 Bonds From the Escrow Account
there shall`be paid ( all interest on the 1989 Refunding
Portion of the Bonds herein authorized to and including August 1,
1995 and all interest on the 199.0 Refunding Portion of the Bonds
herein authorized to and including December 1, 1998, (2) the
principal of the Prior 1989 Bonds due by reason of their call for
redemption on August 1, 1995, and (3) the principal of the Prior
1990 Bonds.due by reason of their call for redemption on December
1 1998:. The Escrow Account shall be irrevocably appropriated to
the payment of the principal of and interest on Bonds herein
authorized until the proceeds of .the Bonds are - applied to payment
of the,Prior Bonds. The moneys in the Escrow Account shall be
used solely for the purposes herein set forth and for no other
purpose, except that any surplus in the Escrow Account may be
remitted to the City, all in accordance with an agreement (the
Escrow Agreement ") by and between the City and Escrow Agent, a
form of which agreement , is on file in the office of the Clerk.
Any moneys remitted to the City upon termination of the Escrow
Agreement shall be deposited in the Debt Service Account.
Debt Service Account To the Debt Service Account
there is hereby pledged and irrevocably appropriated and there
shall be credited: (1) any collections of all taxes herein or
hereafter levied for the payment of the Bonds and interest
thereon; (2) all uncollected special assessments and hydrant
connection charges pledged to the payment of the Prior Bonds; (3)
245972
17
any balance remitted to the City upon the termination of the
Escrow Agreement; (4) any balance remaining on August 2, 1995, in
the General Obligation Improvement Bonds of 1989 Fund created by
the Prior 1989 Resolution; (5) any balance remaining on December
2 1998 in the General Obligation Improvement Bonds, Series 1990
Fund created by the Prior-1990 Resolution; (6) any collections of
all taxes heretofore levied for the payment of the Prior Bonds .
and interest thereon which are not needed to pay the Prior Bonds
as a result of the Refunding; (7) all investment earnings on
funds in the Debt Service Account; and (8) any and all other
moneys which are properly available and are appropriated by the
governing body of the City to the Debt Service Account. The
amount of any surplus remaining in the Debt Service Account when
the Bonds and interest thereon are paid shall be used consistent
with Minnesota Statutes, Section 475.61, Subdivision 40
The moneys in the Debt Service Account shall be used solely to
pay the principal of and interest on the Bonds or any other bonds
hereafter issued and made payable from the Fund. No portion of
the proceeds of the Bonds shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which
were used directly or indirectly to acquire higher.yielding
investments, except (1) for a reasonable temporary period until
such proceeds are needed for.the purpose for Which the Bonds were
issued, and (2) in addition to the above, in an amount not
greater than the lesser of five percent (5%) o f the proceeds of
the Bonds or $100,000., To this effect, any proceeds of the Bonds
and any sums from time to time held in the Fund (or any other
City account which will be sued to pay principal and interest to
become due on the Bonds) in excess of amounts which under the
applicable federal arbitrage regulations may be invested without
regard as to yield shall not be invested in excess of the appli-
cable yield restrictions imposed by the arbitrage regulations on
such. investments after taking into account any applicable
temporary periods" or "minor portion" made available under the
federal arbitrage regulations. In addition, the proceeds of the
Bonds and money in the Fund shall not be invested in obligations
or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the
extent that such investment would cause the Bonds to be
federally guaranteed" within the meaning of Section 149(b) of
the federal Internal Revenue Code of 1986, as amended (the
Code ") .
17. Prior.Bonds .Security Until retirement of the
Prior Bonds, all provisions theretofore made for the security
thereof shall be observed by the City and all of its officers and
agents.
245972
18
18. Spec, ia1,_-Assessments , The City has heretofore
levied special assessments pursuant to. the Prior Resolution which
assessments were pledged to the payment of the principal and
interest on the Prior Bonds and all uncollected special
assessments are now pledged to the payment,of principal and
interest on the Bonds herein authorized. Said assessments were
levied as provided below, payable. in equal, consecutive; annual
installments, including principal and interest with general taxes
for the years shown below at the rate shown opposite such years.
improvement
Designationgnation Axnoun ,a Levy Years
84 -14 $ 900.0% 1993 -2008
85 -26 (same for ( same for
87 -04 all) all)
87-05
87-20
88 -08
88-1
88 -11
88 -14
86 -01
86 -07
87 --32
90 -07
TOTAL $
19. Tax Lem; Coverage Test; Cancellation of Certain
Tax Levies To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the
taxable property in the City a direct annual ad valorem tax which
shall be spread upon the tax rolls and collected with and as part
of other general property taxes in the City for the years and in
the amounts as follows:
Year of Tax Year of Tax
WWMM,o..nLevy Collection Amount
S
245972
19
The tax levies are such that if collected in full they,
together with estimated collections of special assessments and
other revenues herein pledged for the payment of the Bonds, will
produce at least five percent (5 %) in excess -of the amount needed
to. meet when due the principal and interest payments on the
Bonds The tax levies shall be irrepealable so long as any of
the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner
and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3.
Upon payment of the Prior 1989 Bonds, the uncollected
taxes pledged in paragraph 17 of the Prior 1989 Resolution
authorizing the issuance of the Prior 1989 Bonds, in the years
1995 through 2008 for collection in 1996 through 2009 shall be
canceled.
Upon payment of the Prior 1990 Bonds, the uncollected
taxes pledged in paragraph 17 of the Prior 1990 Resolution
authorizing the issuance of the Prior 1990 Bonds, in the years
1998 through 2009 for collection in 1999 through 2010 shall be
canceled.
20. Defeasance When all Bonds have been discharged
as provided in this paragraph, all pledges, covenants and other
rights granted by this resolution to the registered holders of
the Bonds shall, to the extent permitted by law, cease. The City
may discharge its obligations with respect to any Bonds which are
due on any date by irrevocably depositing with the Bond Registrar
on or before that date a sum sufficient for the payment thereof
in full; or if any Bond should not be paid When due, it may
nevertheless be discharged by depositing with the Bond Registrar
a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The City may also discharge
its obligations with respect to any prepayable Bonds called for
redemption on any date when they are prepayable according to
their terms, by depositing with the Bond Registrar on or before
that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been. duly given.
The City may also at any time discharge its obligations with
respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a suitable banking institution
qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such
rates and maturing on such dates as shall be required, subject to
sale and /or reinvestment, to pay all amounts to become due
thereon to maturity or, if notice of redemption as herein
245972
20
required has been duly provided for, to such earlier redemption
date.
21. General Obligation Pledge For the prompt and
full payment of the principal of and interest on the Bonds as the
same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged.
If the balance in the Escrow Account or Debt Service Account is
ever insufficient to pay all principal and interest then due on
the Bonds payable therefrom, the deficiency shall be promptly
paid out of any other accounts of the City which are available
for such purpose, and such other funds may be reimbursed without
interest from the Escrow Account or Debt Service Account when a
sufficient balance is available therein.
22. Securities; Escrow Agent Securities purchased
from moneys in the Escrow Account shall be limited to securities
set forth in Minnesota Statutes, Section 475.67, Subdivision 8,
and any amendments or supplements thereto. Securities purchased
from the Escrow Account shall be purchased simultaneously with
the delivery of the Bonds. The City Council has investigated the
facts and hereby finds and determines that the Escrow Agent is a
suitable financial institution to act as escrow agent.
23. Redemption of Prior Bonds
A. The Prior 1989 Bonds which mature in 1996 and
thereafter shall be redeemed and prepaid on August 1, 1995, in
accordance with the terms and cond :itions set forth in the Notice
of.Call for Redemption attached hereto as Exhibit A. which terms
and conditions are hereby approved and incorporated herein by
reference.
B. The Prior 1990 Bonds which mature in 1999 and
thereafter shall be redeemed and prepaid on December 1, 1998, in
accordance with the terms and conditions set forth in the Notice
of Call for Redemption attached hereto as Exhibit B, which terms
and conditions are hereby approved and incorporated herein by
reference.
Said Notices of Call for Redemption shall be mailed to
the paying agent or agents for the Prior Bonds prior to said
redemption dates therefor and to the registered owner of each
Prior Bond at the address shown on the registration books kept by
the registrar for the Prior Bonds pursuant to the Escrow
Agreement.
24. Escrow Agreement On or prior to the delivery of
the Bonds the Mayor and Clerk shall, and are hereby authorized
245972
21
and directed to, execute on behalf of the City an Escrow
Agreement* The Escrow Agreement is hereby approved and adopted
and made a part of this resolution, and the City covenants that
it will P romptly enforce all provisions thereof in the event of
default thereunder by the Escrow Agent.
25. Purchase of SLGS or Open Market Securities
S p ringsted Incorporated, as agent for the Council, is hereby
authorized and directed to purchase on behalf of the Council and
in its name the appropriate United States Treasury Securities,
state and Local Government Series and /or open market securities
as provided in paragraph 22 above, from the proceeds of the Bonds
and, to the extent necessary, other available funds, all in
accordance with the provisions of this resolution and the Escrow
Agreement and to execute all such documents (including the
appropriate subscription form) required to effect such purchase
in accordance with the applicable U.S,. Treasury Regulations.
2 6 . Certificate of R, egistration * The Clerk 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 or she shall require, and to obtain the
County Auditor's Certificate that the Bonds have been entered in
the County Auditor's Bond Register, that the tax levy for the
Prior Bonds has been canceled, and that the tax levy required by
law for the Bonds has been made.
27. Records and Certificates The officers of the
City are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified
copies, certificates and affidavits, including any re furnished,
shall be deemed representations of the City as to the facts
recited therein.
28. Negative Covenant as to Use of Proceeds and
Project The City hereby. covenants not to use the proceeds of
the Bonds or to use the Project, or to cause or permit them to be
used, or to enter into any deferred payment arrangements for the
cost of the Project, in such a manner as to cause the Bonds to be
private activity bonds" within the meaning of Sections 103 and
141 through 150 of the Code.
245972
22
4
r
29. Tax Exemot Status of the Bonds; Rebate The City
4 shall comply with requirements necessary under the Code to
establish and maintain the exclusion from . gross income under.
Section 103 of the Code of the interest on the, Bonds, including
without limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
greater than the yield.on the Bonds, and (3) the rebate of excess
investment. earnings to the United Staten.
30. No Des ignat ion of 4ual i f ied Tax - Exempt Ob1 i, aa=
tions . The Bonds exceed in.amount those which may be qualified
as "qualified tax- exempt obligations" within the meaning of
Section 2 6 5 (b) (3) of the Code, and . hence are not designated for
such purpose.
31. SuRplemental Resolution The Prior Resolution is
hereby supplemented to the extent necessary to give effect to the
provisions of this resolution.
32. Seyerabillty If any section, paragraph or
provision of this resolution shall'be held to be i.nvalid,or
unenforceable for any reason, the invalidity or unenfo- rceability
of such section, paragraph or provision shall not affect any of,
the remaining provisions of this resolution.
33. Headings Headings in
included for convenience of reference
hereof, and shall not limit or define
provision hereof.
The motion for the adoption
was duly seconded by member
discussion thereof and upon a vote be;
following voted in favor thereof:
this resolution are
only and are not a part
the meaning of any
of the foregoing resolution
and, after a full
ing taken thereon, the
and the following voted against the same:
adopted.
245972
Whereupon said resolution was declared duly passed and
23
L
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting
Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that
I have compared the attached and foregoing extract of minutes
with the original thereof .on file in my office, and that the same
is a full, true and complete transcript of the minutes of a
meeting of the City Council of said City, duly called and held on
the date therein indicated, insofar as such minutes relate to
considering bids for, and awarding the competitive negotiated.
sale of, $4,840,000 General obligation Improvement Refunding
Bonds, Series 1993C of said City.
WITNESS my hand and the seal of said City this 26th day
of August, 19 9 3 .
Clerk
SEAL)
245972
24
r
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1989
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the
City of Maplewood, Ramsey County, Minnesota, there have been
called for redemption and prepayment on
August 1, 1995
those outstanding bonds of the City designated as General Obliga-
tion Improvement Bonds of 1989, dated November 1, 1989, having
stated maturity dates in the years 1996 through 2009, and
totalling $1,075,000 in principal amount. The bonds are being
called at a price of par plus accrued interest to August 1, 1995,
on which date all interest on said bonds will cease to accrue.
Holders of ,the bonds hereby called for redemption are requested
to present their bonds for payment, at Norwest Bank Minnesota,
National Assoication has successor to, Marquette Bank
Minneapolis, 'ational Association, if by mail to: Corporate
Trust Operations, 255 Second.Avenue South; or if in person to:
TELLERS 1 -8, 6th and Marquette Avenue, in Minneapolis, Minnesota
55479 -0113 on or before August 1, 1995.
Dated: August 26, 1993.
BY ORDER OF THE CITY
COUNCIL
Zsl Lucille Aurellius
Clerk
Important Notice* Under the Interest and Dividend Compliance Act
of 1,983, 31% will be withheld if tax identification is not
properly certified.
Additional information
may be obtained from:
SPRINGSTED INCORPORATED
85 East Seventh Place
Suite 100
St. Paul, Minnesota 55101 -2143
Telephone No.: (612) 223 -3000
245972
EXHIBIT B;
4
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the
City of Maplewood, Ramsey County, Minnesota, there have been
called for redemption and prepayment on
December 1, 1998
those outstanding bonds of the City,designated as General
obligation Improvement Bonds, Series 1990, dated December 1,
1990, having stated maturity dates in the years 1999 through
2010, and totalling $3,860,000 in principal amount. The bonds
are being called at a price of par plus accrued interest to
December 1, 1998, on'which date all interest on said bonds will
cease to accrue. Holders of.the bonds hereby called for
redemption are requested to, present their bonds for payment, at
Norwest Bank Minnesota, NationalAssoication, if by mail to:
Corporate Trust Operations, 255 Second Avenue South; or if in
person to: TELLERS 1 -8, 6th and Marquette Avenue, in Minneapolis,
Minnesota 55479 -0113 on or before Deceeber 1, 19980
Dated: August 26, 19930
BY ORDER OF THE CITY
COUNCIL
s/ Lucille Aurellius
Clerk
Important Notice: Under the Interest and Dividend Compliance Act
of 1983, 31% will be withheld if tax identification is not
properly certified.
Additional information
may be obtained from:
SPRINGSTED INCORPORATED
85 East Seventh Place
Suite 100
St. Paul, Minnesota 55101 -2143
Telephone No.: (612) 2 2 3 - 3 0 0 0
245972
h
COUNCIL /MANAGER MEETING
OF THE
CITY COUNCIL OF THE CITY OF MAPLEWOOD
2:00 p.m. , Thursday, August 26, 1993
Maplewood Room, City Hal
MINUTES
A. CALL TO ORDER
The Council /Manager meeting of the Maplewood City Council was held in the
Maplewood.Room, City Hall. The meeting was called to order by Acting Mayor
Rossbach at 2:00 p.m.
B. ROLL CALL
Mayor Gary Bastian Present (Arrived at 2 :29 p.m.)
Counclperson Dale Carlson Present
Councilperson Fran Juker Present (Arrived at 2:26 p.m.)
Councilperson George Rossbach Present
Councilperson Joseph Zappa Present
Others Present:
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
Finance Director Daniel Faust
C. APPROVAL OF AGENDA
The agenda was amended as follows:
H. OTHER BUSINESS
1. Bus Stop Letter
Acting Mayor Rossbach moved that the agenda be approved as amended. The
motion was seconded by Councilmember Carlson and was approved.
Ayes: Carlson, Rossbach and Zappa
Absent: Bastian and Juker
D. 1994 BUDGET OVERVIEW
City Manager McGuire and Finance Director Faust presented a summary of the
proposed 1994 Budget. There was some discussion about Maplewood providing
police related services to I.S.D. 622, North St. Paul and Oakdale without
equitable reimbursement.
1
I
Councilmember Juker arrived at 2:26 p.m.
Mayor Bastian arrived at 2:29 p.m.
Mayor Bastian requested that the Council be kept informed about the
activities of the Police Bike Program including officer injuries. There
was also discussion about the proposed November, 1994 bond referendum
for the replacement of Gladstone Fire Station and the City's debt.
E. DISCUSSION ITEMS
1. Ambulance Rates
City Manager McGuire stated that the proposed 1994 Budget and tax
levy included specific increases in.the.ambulance rates. The
proposed rates are based on the assumption that the City will
bring its rates more in line with the market rate for the same
service. Following some discussion, Councilmember Zappa
introduced the following resolution and moved its adoption:
93 -08 -111
WHEREAS, the City of Maplewood is authorized to impose
reasonable charges for emergency and paramedic ambulance services by
Minnesota Statutes 471.476 and by special laws (Chapter 426 Laws of
1.975, and Chapter 743, Laws of 1978); and
WHEREAS, the paramedic ambulance services are partly
financed by property taxes; and
WHEREAS, it is fair and reasonable to charge non- residents
a higher rate than residents for services rendered; and
WHEREAS, it is fair and reasonable to charge for services
rendered based upon the distance a person is transported and by type
of services provided; i.e., basic or advanced life support services
as defined by Medicare.
NOW, THEREFORE, BE IT RESOLVED, that the following charges
shall be.effective January 1, 1994:
Residents Non - Residents
Base rates:
Basic ambulance services $225 $250
Advanced life support ambulance services $500 $550
Rate per mile transported $7.10 $7.10
K
W
BE IT FURTHER RESOLVED, that there shall be no charge for
services rendered when the length of services is 10 minutes or less,
when the patient is not. transported, when the patient is transported
to the detoxification center, or when the patient is transported in a
squad car.
The motion was seconded by Councilmember Carlson and was approved.
Ayes :. Bastian, Carlson, Juker and Zappa
Nays: Rossbach
2. Charitable Gambling Proceeds
Assistant City Manager Maglich presented a summary of past
awards and an explana of the proposed 1994 expenditures from
the Charitable Gambling Fund. There was some discussion, and no
action was taken.
3. Truth in Taxation Requirements
Finance Director Faust reviewed the calendar of .dates as
required by law for notifications and public hearings regarding
the proposed and final payable 1994 property tax levy..
4. Other Budget- Related Items
a. City Memberships
Councilmember Zappa stated that the City should evaluate the
value of belonging to a number of organizations including
LMC, AMM, MLC, RCLLG, and SRA. Following some discussion,
Councilmember Zappa moved that the City withdraw from the
Association of Metropolitan Municipalitie (AMM).o- There was
no second, and the motion died for lack of a second.
F. CERTIFIC.: CN OF DATES FOR PUBLIC HEARING ON PROPOSED 1994, BUDGET AND
PROPERTY T : 'Do
Councilperson Zappa moved that the City's public.hearings on the 1994
Budget be scheduled for Tuesdav, November 30, 7:00 p.m. and Wednesdav
December 8. 5:00 p.m.; and if necessarv, Monday. December 13, 6:30 D.m. at
City Hall. The motion was seconded by Councilperson Carlson and was
approved.
Ayes: All
G. ADOPTION OF PROPOSED PROPERTY TAX LEVY PAYABLE IN 1994
Councilperson Zappa introduced the following resolution and moved . is
adoption:
93 -08 -112
3
1
WHEREAS, Stave law requires that the.City Council give
preliminary approval . of a proposed tax levy for 1993 payable in 1994
by September 15, 1993, and
WHEREAS, the City Council has reviewed the Proposed 1994 Budget
and has determined that the proposed tax levy payable in 1994 is the
maximum amount that will be levied, and
WHEREAS, the proposed property tax levy certified must be after
the deduction of the homestead and agricultural credit aid (HACA),, and
WHEREAS, the 1994 HACA for the City of Maplewood is $1,578,740.
NOW, THEREFORE BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA THAT the proposed tax levy for 1993 payable in
1994 in the amount of.$8,021,250 less $1,578,740 for HACA is hereby
given preliminary approval.
The motion was seconded by Councilperson Carlson and.approved.
Ayes: All
H. OTHER BUSINESS
10 Bus Stop Letter
Councilmember Zappa informed the City Council that they would
soon receive a letter from the MTC regarding a change in a bus
stop location near County Road B and Barclay.
19 ADJOURNMENT
The meeting was adjourned at 4:35 p.m.
4
AGENDA REPORT
TO:City Manager
FROM:Finance Director
RE:APPROVAL OF CLAIMS
DATE:September 7, 1993
AGENDA NO. F -I
It is recommended that the Council approve payment of the following claims:
ACCOUNTS PAYA
746,794.43 Checks # 1306 thru # 1384
Dated 8 -12 -93 thru 8 -31 -93
580,933.80 Checks # 10949 thru # 11099
Dated 9 -13 -93
L327X8.23 Total per attached voucher /check
register
PAYROLL
212,404.07 Payroll Checks # 36341 thru # 36514
dated 8 -27 -93
45,587.24 Payroll Deduction check #36519 thru
36533 dated 8 -27 -93
257 Total Payroll
1 5 85 , 719.54 GRAND TOTAL
Attached is a detailed listing of these claims.
lz
Attachments
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