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HomeMy Public PortalAbout2012-27 Resolution Authorizing Internal Loan in Connection with Payment of Debt ServiceMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2012-27 RESOLUTION AUTHORIZING INTERNAL LOAN IN CONNECTION WITH THE PAYMENT OF DEBT SERVICE ON GENERAL OBLIGATION BONDS FROM TAX INCREMENT DERIVED FROM TAX INCREMENT FINANCING DISTRICT NO. 1-9 BE IT RESOLVED BY THE CITY COUNCIL (THE "CITY") OF THE CITY OF MEDINA, MINNESOTA (THE "CITY") AS FOLLOWS: Section 1. Background. 1.01. Pursuant to Minnesota Statutes, Sections 469.174 through 469.1799, as amended (the "TIF Act"), the City has duly established Development District No. 1 (the "Project Area") and Tax Increment Financing District No. 1-9 (the "TIF District") within the Project Area. 1.02. On October 13, 2005, the City issued its General Obligation Tax increment Bonds, Series 2005C (the "Series 2005C Bonds"), in the original aggregate principal amount of $1,040,000. The Series 2005C Bonds were issued to (i) pay for improvements to Sioux Drive, Mill Drive, and Hamel Road in the City (the "Series 2005C Improvement Bonds"), and assessments were pledged to pay the debt service on the Series 2005C Improvements Bonds; and (ii) pay for an underground electrical project (the "Series 2005C TIF Bonds"), and tax increments from the TIF District were pledged to pay the debt service on the Series 2005C TIF Bonds. The Series 2005C TIF Bonds are no longer outstanding, but the Series 2005C Improvement Bonds are currently outstanding in the aggregate principal amount of $725,000. 1.03. On June 17, 2008, the City issued its General Obligation Bonds, Series 2008A (the "Series 2008A Bonds"), in the original aggregate principal amount of $2,280,000. The Series 2008A Bonds were issued to (i) pay for an underground electrical project (the "Series 2008A TIF Bonds"), and tax increments from the TIF District were pledged to pay the debt service on the Series 2008A TIF Bonds; and (ii) pay for improvements to Hamel Road in the City (the "Series 2008A Improvement Bonds"), and special assessments and ad valorem taxes were pledged to pay the debt service on the Series 2008A Improvement Bonds. The Series 2008A TIF Bonds are currently outstanding in the aggregate principal amount of $585,000 and the Series 2008A Improvement Bonds are currently outstanding in the aggregate principal amount of $1,335,000. 1.04. The budget within the TIF Plan allows for a maximum of $6,000,000 of tax increment generated by the TIF District to be used for public improvements. The public improvements financed with the proceeds of the Series 2005C Improvement Bonds are wholly located within the TIF District. Approximately 78.1 % of the public improvements financed with the proceeds of the Series 2008A Improvement Bonds are located within the TIF District. Therefore, after the payment of (i) the pay-as- you-go note issued to Ryan Companies US, Inc. in the amount of $765,400; (ii) the pay-as-you-go note issued to Target Corporation in the amount of $1,234,000; and (iii) the Series 2008A TIF Bonds, tax increment generated by the TIF District may be used to pay debt service on the Series 2005C Resolution No. 2012-27 April 17, 2012 Improvement Bonds and the debt service on 78.1% of the total principal amount of the Series 2008A Improvement Bonds. 1.05. The City has determined that there may be insufficient tax increment in the next several years to pay the full amount of the debt service on the Series 2005C Bonds and the Series 2008A Bonds and desires to use other City funds to pay the debt service on the Series 2005C Bonds and the Series 2008A Bonds. 1.06. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance or loan money from any fund from which such advances may be legally made (each such advance being referred to an "Interfund Loan") in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.07. The City may enter into one or more Interfund Loans repayable from tax increments derived from the TIF District, in order to make required payments on the Series 2005C Bonds and the Series 2008A Bonds. Section 2. Interfund Loans Authorized. 2.01. The Mayor and City Administrator -Clerk of the City are authorized to enter into one or more Interfund Loans, the proceeds of which are applied to pay debt service when due on the Series 2005C Bonds and the Series 2008A Bonds, and the principal and interest payments on which Interfund Loans will be paid from tax increments derived from the TIF District. , 2.02. Upon each advance of funds constituting an Interfund Loan, the City Administrator -Clerk is authorized and directed to prepare an Interfund Loan form, stating the source of funds for the advance, the original principal amount, the interest rate, and a final maturity date, provided that such terms must be consistent with the terms of this Resolution. The Mayor and City Administrator -Clerk are authorized and directed to sign each such Interfund Loan form on behalf of the City. The terms of any Interfund Loan may be modified from time to time by the Mayor and City Administrator -Clerk so long as such modifications are consistent with the terms of this Resolution. The aggregate principal amount of all Interfund Loans authorized under this Resolution is $2,000,000. 2.03. Each Interfund Loan shall bear interest at the City's then current internal rate of return on the principal amount advanced, accruing from the date of each initial expenditure; provided, however that the interest rate shall not exceed the greater of the interest rates specified under Minnesota Statutes, Section 270C.40 or Minnesota Statutes, Section 549.09 as of the date the advance is authorized. The interest rate in effect for calendar year 2012 is 4.0%. 2.04. Principal and interest ("Payments") on each Interfund Loan shall be paid semiannually on February 1 and August 1 (each a "Payment Date"), commencing with the first Payment Date on which the City collects Available Tax Increment, as that term is defined herein. Payments shall continue until the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District. Payments on any Interfund Loan will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the date of each expenditure to the first Payment Date will be compounded semiannually on February 1 and August 1 of each yearaand added to principal, unless otherwise specified by the Interfund Loan form. 2.05. Payments on any Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with Resolution No. 2012-27 2 April 17, 2012 respect to the property within the TIF District and remitted to the City by Hennepin County, all in accordance with the TIF Act. Payments on any Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts (including the pay-as-you-go note issued to Ryan Companies US, Inc., the pay-as-you-go note issued to Target Corporation, and the Series 2008A TIF Bonds) secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future Interfund Loans secured in whole or in part with Available Tax Increment, unless a different priority of payment is established from time to time by the Mayor and City Administrator -Clerk or under the terms of any contract, note, bond Resolution or indenture. 2.06. The principal sum and all accrued interest payable under any Interfund Loan are prepayable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under any Interfund Loan. 2.07. Each Interfund Loan is evidence of an internal borrowing by the City in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this Resolution. Interfund Loans shall not be deemed to constitute general obligations of the State of Minnesota or any political subdivision thereof, including, without limitation, Hennepin County. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on any Interfund Loan or other costs incident hereto except out of Available Tax Increment. The City shall have no obligation to pay any principal amount of any Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.08. The City may at any time determine to forgive the outstanding principal amount and accrued interest on any Interfund Loan to the extent permissible under law. 2.09. The City may from time to time amend the terms of this Resolution, including amendments to the terms of and any outstanding Interfund Loans entered into under this Resolution. However, the Mayor and City Administrator -Clerk may initiate, prepay, terminate, or modify the terms of any Interfund Loan authorized under this Resolution without further action by the City Council, so long as such actions are consistent with the terms for Interfund Loans described in this Resolution. Section 3. Effective Date. This Resolution is effective upon the date of its approval. Dated: April 17, 2012. T.M. Crosby, Jr., Ma or, ATTEST: Scott T. Johnson, City Administrator -Clerk Resolution No. 2012-27 3 April 17, 2012 The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Crosby, Martinson, Pederson, Weir And the following voted against same: (Absent: Siitari) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2012-27 4 April 17, 2012