1996-11-25 CC Special•
ALBERTVILLE CITY COUNCIL
AGENDA
November 25, 1996
6 :15 PH
1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Mayor/Clerk/Council)
2. SPECIAL ORDER
a. Bond Issue (Springsted, Inc.)
1) CSAH 19/37 Intersection Realignment Project
(Springsted/City Attorney)
2) Approve Agreement with John -George, Inc. to donate
land for Highway 19/37 Project
3) Resolution #1996-68 (DECLARING THE OFFICIAL INTENT
OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED
BY THE CITY)
4) Resolution #1996-69 (BOND ISSUE)
b. TIF Repayment to Wright County (TIF Vs 1-4)
• C. Former Fire Hall Site - Soils Investigations
d. Resolution #1996-67 (RESOLUTION ASSESSING DELINQUENT
SEWER AND STORM WATER ACCOUNTS)
e. Snow Plowing (Ken Lindsay)
3. ADJO (Counci 1)
ALBERTVILLE CITY COUNCIL
SPECIAL MEETING
November 25, 1996
Albertville City Hall 6:15 PM
PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres,
Duane Berning, John Vetsch, and Sharon Anderson (6:43 PM), City
Administrator Garrison Hale, City Clerk Linda Houghton, City
Attorney Mike Couri, City Engineer Peter Carlson, Financial Advisor
Bob Thistle
Mayor Potter called the special meeting to order.
Muyres made a motion to approve the agenda as presented.
Berning seconded the motion. All voted aye.
As requested by Mr. Thistle, the Council agreed to address
Item 2a(1) immediately before Item 2a(4).
City Attorney Couri reviewed the agreement with John -George,
Inc. to donate land for the CSAH 19/37 Intersection Realignment
Project. The agreement has been signed by John -George, Inc. If
the Council approves the agreement, The Wright County Board of
Commissioners will consider the agreement at their meeting on
November 26, 1996. If the Council does not approve the agreement,
there will be no reason to proceed with the bond issue.
Muyres made a motion to approve the Agreement with John -
George, Inc. as presented. Potter seconded the motion. All voted
aye.
Berning made a motion to adopt RESOLUTION #1996-68 titled
DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE
ISSUED BY THE CITY. Vetsch seconded the motion. All voted aye.
Financial Advisor Bob Thistle explained the offer from First
Bank to purchase the bond issue with an overall interest rate of
5.32%. The bond will be a ten-year issue and will be callable at
the end of seven years.
Muyres made a motion to approve RESOLUTION #1996-69 titled A
RESOLUTION AWARDING THE SALE OF $400,000 GENERAL OBLIGATION BONDS,
SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. Berning
seconded the motion. All voted aye.
The Council reviewed the memo from City Attorney Couri
regarding the return of the excess TIF funds from TIF Districts 1,
2, 3, and 4. Couri and Linda have met with the Wright County
ALBERTVILLE CITY COUNCIL
SPECIAL MEETING
November 25, 1996
Page 2 of 2
Auditor and her staff to explain how the City had calculated the
amount to be returned. The Wright County Board of Commissioners
have reviewed the documentation and have approved the amount to be
returned at $203,481. The City can expect to receive between
$50,000 and $60,000 as payment of the City's portion of the TIF
excess money. The money can be used in any way the Council wishes.
It has previously been discussed that the funds would be included
with the closed bond fund account.
Berning made a motion to approve returning $203,481 to Wright
County, to bill the previous auditor for the expenses incurred in
tracking the TIF funds, and to request from the County Auditor
verification that the TIF districts have been decertified. Muyres
seconded the motion. All voted aye.
City Engineer Pete Carlson has reviewed the soil borings
report on the Barthel Industrial Drive lot. He believed the
information is incomplete. To get adequate information on the
actual building site, additional borings will be needed. Carlson
has a quote for the additional borings in the amount of $1,335.
Anderson made a motion to table further discussion on the
additional borings to December 2, 1996, to enable the administrator
to find where the funds will come from. Berning seconded the
motion. All voted aye.
Potter made a motion to adopt RESOLUTION 1996-67 titled
RESOLUTION ASSESSING DELINQUENT SEWER AND STORM WATER ACCOUNTS.
Anderson seconded the motion. All voted aye.
Anderson made a motion to table discussion on snow plowing to
the December 2, 1996, meeting. Vetsch seconded the motion. All
voted aye.
Anderson made a motion to adjourn at 7:00 PM. Berning
seconded the motion. All voted aye.
Mich 1 Potter Mayor
Lin a Hough on, y Clerk
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR, CITY COUNCIL MEMBERS
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: JOHN GEORGE, INC. AGREEMENT TO DONATE LAND FOR HIGHWAY
37/19 PROJECT.
DATE: NOVEMBER 20, 1996
After very long negotiations with John Darkenwald, George
Yankoupe, Wally O'Dell, Wayne Fingalson, Virgil Hawkins, Pete
Carlson, Gary Hale and myself, we have finally come to an agreement
on contract language acceptable to City staff, County staff and
John George, Inc. regarding the donation of land to the City and
the special assessing of John George's property. The final draft
of the Agreement is attached.
Basically, the agreement calls for John George to:
1. Donate all permanent and temporary easements needed for the
project.
2. Accept a special assessment of $50,400 to be levied by the
City on John George's land.
3. Deed to the City that small "triangle" portion of property
east of Highway 19 adjacent to Savitski's property.
In return, the City/County will:
1. Build new County Highway 37 through the John George property.
2. Provide John George permanent access to highways 37 and 19 on
the locations shown on Exhibit C.
3. Defer payment of existing sewer and water special assessments
(Approximately $30,000, levied in 1992) for two years.
4. Stub sanitary sewer and water to the property (the property is
currently served with sewer and water, but the road project
will cut off sewer and water service to the southern
property).
5. "Turn back" that portion of current Highway 37 which will no
longer be used, effective upon the opening of the new road.
The agreement as written is contingent upon several events. First,
1
the City must hold a road vacation hearing to consider the "turn
back" of the portion of Highway 37 which will be bypassed by the
new Highway 37. This hearing must be held, and the City must "turn
back" the portion of Highway 37 (subject to the completion of the
new highway 37) by February 28, 1997. Second, the City/County must
enter into a contract with the Contractor by May 6, 1997. Finally,
the County must issue the notice to proceed by May 15, 1997. Once
the agreement is signed, John George will place the easements in
trust with the Rogers State Bank. Upon issuance of the notice to
proceed, John George will release the easements to the City. If
any of the above three events does not happen, the agreement is
null and void, and the City will not receive John George's
easements nor will the road be built.
This agreement has been reviewed by the Wright County Highway
Department and the Wright County Attorney's office. Judy Rose has
been kept informed on various parts of the contract.
At this time, I am asking the City Council to approve the
agreement. I expect that John George will have signed this
agreement by November 25th, the date of your meeting. The
agreement is scheduled to go before the County Board on November
26th for the Board's approval. I would suggest that the related
bond issuance be approved, but that no bonds be issued for this
project until John George, the City and the County have executed
the agreement.
2
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
November 20, 1996
VIA FACSIMILE
Mr. John Darkenwald
Mr. George Yankoupe
John George, Inc.
7535 N.E. River Road
Elk River, MN 55330
RAMWILL & COUN
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Re: City of Albertville; Highway 19 and 37 Improvement.
Dear John and George:
Please find enclosed the final version of the proposed
agreement. Note that the addendum language you proposed has been
added to paragraph 11 and has not been changed. Note also that
"turn back" date in paragraph 9 (date by which the City Council
must conditionally turn back old Highway 37) has been changed from
December 31, 1996 to February 28, 1997, to allow adequate time for
the scheduling and holding of the necessary public hearing. I am
assuming that you will not have a problem with this date change.
I have scheduled this item for the November 25, 1996 City
Council meeting, and I expect it to be placed on the November 26,
1996 County Board meeting agenda. Neither the City nor the County
will approve the document unless the document is first executed by
John George. The original document is at my office. Please
contact me to arrange a time in which John George can sign the
document (preferably tomorrow). Thank you.
Sincerely,
Michael C. Couri
RADZWILL & COURI
Enclosure
cc: Pete Carlson
Gary Hale
Virgil Hawkins
Wayne Fingalson
Brian Asleson
AGREEMENT
This agreement, made and entered into by the County of Wright
("County"), City of Albertville ("City"), JOHN GEORGE, INC. ("John
George") and State Bank of Rogers ("Bank"),
Witnesseth:
Whereas, rapid population growth and substantially increased
traffic on County State Aid Highways 19 and 37 in the City of
Albertville have combined to create a dangerous traffic situation
at the intersection of those county roads; and
Whereas, the Wright County Department of Highways in November of
1993 acknowledged "that there is a problem with buses turning left
from CSAH 37 onto CSAH 19 and not being able to clear the CSAH 19
south bound lanes prior to having to stop for the railroad grade
crossing." (letter dated November 29, 1993); and
Whereas, the Wright County Department of Highways thereafter
instituted a review of the problem for the purpose of finding a
permanent solution to the existing safety concerns at the
intersection of Highways 19 and 37; and
Whereas, John George is the owner of a parcel of land located in
the City described on Exhibit A ("Subject Property"); and
Whereas, the State Bank of Rogers has a first mortgage lien upon
the Subject Property; and
Whereas, in order to improve the existing traffic safety situation,
the City and County are contemplating a joint highway construction
improvement project ("Project") whereby County Highway 37 would be
realigned such that it would bisect the Subject Property and County
19 would be reconstructed (a copy of the feasibility study of said
project is attached hereto as Exhibit B); and
Whereas, in order to make the Project financially feasible, John
George has been asked to donate 2.53 acres of land for right of way
for the widening of CSAH 19 and relocating CSAH 37 in addition to
certain temporary easements; and
Whereas, John George understands that it will be assessed
$50,400.00 as part of the cost of construction of the Project.
Now, therefore, in consideration of the foregoing premises and the
covenants and agreements herein contained, the Parties hereto agree
as follows:
1
1. John George shall donate to the City, as right of way for the
relocated CSAH 37 and reconstruction of the intersection of
Highways 37 and 19 the land described as follows (hereinafter
referred to as Donated Land):
That part of the Southeast Quarter of Section 35,
Township 121, Range 24, and that part of the Northeast
quarter of Section 2, Township 120, Range 24 and that
part of the Northwest Quarter of Section 1, Township 120,
Range 24 shown as Parcels No. 23 and 33 on the plat
designated as WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT No.
30, on file and of record in the office of the Wright
County Recorder, Wright County, Minnesota; and
That part of the Southeast Quarter of Section 35,
Township 121, Range 24, and that part of the Northeast
quarter of Section 2, Township 120, Range 24 and that
part of the Northwest Quarter of Section 1, Township 120,
Range 24 shown as Parcel No. 1 on the plat designated as
WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT No. 34, on file
and of record in the office of the Wright County
Recorder, Wright County, Minnesota;
Said donation shall be by quit claim deed and shall convey to
the City all of John George's right, title and interest in
said Land subject to the terms and conditions herein set out.
Said donation shall occur before construction bids are awarded
for the Project. The City shall have the right to
subsequently transfer its interest in Subject Property to the
County.
2. The State Bank of Rogers will execute and deliver its partial
release from the first mortgage lien with respect to the 2.53
acres to be conveyed to the City for right of way purposes.
3. John George shall grant the City a temporary easement over
those lands owned by John George and designated as temporary
easement lands on Wright County Highway Right of Way Plat No.
30. Said temporary easement shall expire on October 31, 1997.
The City shall have the right to transfer said temporary
easement to the County.
4. The City and Wright County Highway Department have approved
access points upon the newly constructed Highways 37 and 19 in
the locations as shown on the attached Exhibit C, and John
George shall be allowed a permanent access to Highways 37 and
19 at the points shown on Exhibit C, subject to the ingress
and/or egress restrictions shown on Exhibit C.
5. The City shall defer any payments which may come due under
that Stipulation Agreement between John George and the City
dated August 16, 1993 (and amended August 31, 1993), for a
2
period of 24 months from the date of completion of the Project
(defined as the time when the contractor has been paid 95% of
the contract price, or when the County accepts the Project,
whichever occurs first). Interest shall continue to accrue
during this deferment period at the rate set in said August
16, 1993 agreement. Upon the expiration of the deferment
period, John George shall make any payments plus any
applicable interest which would otherwise have been due under
the terms of said Stipulation Agreement had said 24 month
deferment not occurred, as well as any interest accruing
during the deferment period. Except as contained in this
paragraph, this agreement shall not alter the rights or
obligations of the City or John George as detailed in said
Stipulation Agreement.
6. The City shall stub sanitary sewer and water service lines
across County Highway 37 and a water line across County
Highway 19 in the approximate locations and of the sizes as
shown on the attached Exhibit C. The City shall provide
sanitary sewer service to the southern portion of John
George's property via a service line from the south or via a
service line to be laid across Highway 19. The City shall
bear the cost of stubbing these service lines.
7. The project shall be constructed so as to maintain existing
storm -water drainage patterns and flow rates from the Subject
Property. All storm sewer piping shall be designed to handle
the flow from the existing area that drains toward the
proposed roadway for a 10-year storm event. Drainage
computations shall be based upon the existing grass/hay ground
cover and be made utilizing acceptable engineering practices,
including but not limited to the Rational Method and Soil
Conservation Service, Technical Release No. 55 "Urban
Hydrology for Small Watersheds." Ponding shall be in
accordance with City standards at the time said property is
developed.
8. John George understands and agrees that its property legally
described on Exhibit D (excluding the property to be donated
per this agreement) will be assessed in an amount not to
exceed $50,400.00, representing the benefit received by the
John George property from the construction of the Project.
John George hereby waives its rights to contest or appeal this
assessment under Minnesota Statutes 429.081. The assessment
shall be spread over a period of ten years and shall
correspond to the payments due under a bond the City
anticipates issuing to fund this project. The interest rate
on the assessment shall be equivalent to the interest rate on
the bond.
9. Upon completion of the Project, Wright County shall "turn
back" to the City that portion of current County Highway 37
3
west of County Highway 19 which will no longer be needed for
highway purposes (said "turn back" portion is shown in shaded
hatch marks on Exhibit C). The City shall conduct a public
hearing before February 28, 1997 to consider the vacation of
the "turn back" portion of County Highway 37, said vacation to
be contingent upon the completion of the Project substantially
as shown on Exhibit B. In the event the City approves the
vacation of said turn back portion of County Highway 37
(subject to the completion of the Project), the City shall
deed its interest in said property to John George via quit
claim deed upon completion of the Project. John George
understands that the City will retain utility easements as
necessary over the turn -back parcel. John George further
understands that such turn back shall be contingent upon John
George agreeing that should the City need to service the
utilities within said easement, the City will be responsible
only for regrading any excavations and re -seeding the area
disturbed (i.e. the City will not replace landscaping,
bituminous surfaces, etc.). This agreement shall be null and
void if the City fails to approve the vacation of the "turn
back" potion of current Highway 37 by February 28, 1997 as
detailed above. In the event the City vacates the turn back
portion of County Highway 37, John George agrees to hold the
City and County harmless for any damages which may be incurred
by John George as a result of such vacation.
10. John George shall deliver a quit claim deed to the City
deeding all interest John George may have in that parcel of
property currently owned by John George and described as: so
much of parcel 33 located East of the centerline of Wright
County State Aid Highway No. 19 as shown on Wright County
Highway Right of Way Plat No. 30. Said deed shall be
delivered at the same time John George delivers the deeds for
the property described in paragraph 1 above.
11. This agreement shall be null and void if: 1) the construction
contract is not let by May 6, 1997 for the improvement of and
relocation of Highway 37 west of County Highway 19 and the
reconstruction of County Highway 19 from the Burlington
Northern railroad tracks to 61st street in the City; and 2)
the County does not issue a notice to proceed to the
contractor no later than May 15, 1997. The County's
construction contract with the contractor shall require the
contractor to complete the project within a specified number
of working days. Although the exact number of working days is
unknown at this time, the County shall take all reasonable
steps and shall use its best efforts to insure that the
specified number of working days contained in the contract
with the contractor can be completed by the end of the 1997
construction season. In the event that the improvement of and
relocation of County Highway 37 west of County Highway 19 and
the reconstruction of County Highway 19 from the Burlington
4
Northern railroad tracks to 61st Street is not completed by
September 30, 1997, temporary driveable access will be
provided at the permanent access points described on Exhibit
IfC.n
12. The terms of this document shall be binding upon and extend to
the representatives, heirs, successors and assigns of the
parties thereto. The parties intend for this document to be
recorded in the property records of the Wright County
Recorder's Office.
13. Notwithstanding anything otherwise herein contained, the
parties hereto expressly acknowledge that the donation by John
George to the City as herein provided is granted solely on the
conditions herein set out. The parties hereto also expressly
acknowledge that the City and County have both made
commitments to John George in order to induce it to make the
donation herein provided. All commitments made herein by the
City and County are deemed to be terms and/or conditions
binding upon both City and County pursuant to the provisions
of Minn. Stat. § 465.03. In the event that the City or County
do not adhere to the terms of this agreement, John George's
remedies shall be limited to monetary damages, and John George
shall enjoy no right of reversion. Resolutions accepting the
donation herein provided shall be adopted by both City and
County prior to the performance of this agreement.
14. This agreement shall in no way limit the City's or County's
right to exercise the power of eminent domain.
Dated:
John George, Inc.
By: John Darkenwald
Its:
Mike Potter, Mayor
City of Albertville
Jack Russek
Chair, Wright County Board
Wright County
5
John George, Inc.
By: George Yankoupe
Its:
Linda Houghton, Clerk
City of Albertville
Richard Norman,
Wright County Coordinator
State Bank of Rogers
Bv:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
State Bank of Rogers
By:
Its:
The foregoing instrument was acknowledged before me this
day of , 1996, by John Darkenwald,
as of John George, Inc.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1996, by George Yankoupe,
as of John George, Inc.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1996, by Mike Potter, as
Mayor for the City of Albertville, Wright County, Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
0
day of , 1996, by Linda Houghton, as
Clerk for City of Albertville, Wright County, Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1996, by Richard Norman, as
Coordinator for the County of Wright, Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1996, by Jack Russek, as
Chair of the Wright County Board, Wright County, Minnesota.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 1996, by
as of State Bank of Rogers.
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
as
Notary Public
The foregoing instrument was acknowledged
day of , 1996, by
of State Bank of Rogers.
Notary Public
7
before me this
This Document was drafted by:
Radzwill & Couri
P.O. Box 369
St. Michael, MN 55378
EXHIBIT A
The properties owned by John George, Inc. are described as
follows:
The properties within that part of the Southeast quarter of Section
35, Township 121, Range 24, and the North 180 feet of the Northeast
quarter of Section 2, Township 120, Range 24, all such properties
lying West of Wright County highway #19, South of Wright County
highway #37, and East of Westwind Addition, all in the City of
Albertville, Wright County, Minnesota.
EXHIBIT D
The properties owned by John George and to be assessed
pursuant to this agreement are described as follows:
The properties within that part of the Southeast quarter of Section
35, Township 121, Range 24, and the North 180 feet of the Northeast
quarter of Section 2, Township 120, Range 24, all such properties
lying West of Wright County highway #19, South of Wright County
highway #37, and East of Westwind Addition, all in the City of
Albertville, Wright County, Minnesota;
Except:
So much of parcel 33 located East of the centerline of Wright
County State Aid Highway No. 19 as shown on WRIGHT COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 30.; and
That part of the Southeast Quarter of Section 35, Township
121, Range 24, and that part of the Northeast quarter of
Section 2, Township 120, Range 24 and that part of the
Northwest Quarter of Section 1, Township 120, Range 24 shown
as Parcels No. 23 and 33 on the plat designated as WRIGHT
COUNTY HIGHWAY RIGHT OF WAY PLAT No. 30, on file and of record
in the office of the Wright County Recorder, Wright County,
Minnesota; and
That part of the Southeast Quarter of Section 35, Township
121, Range 24, and that part of the Northeast quarter of
Section 2, Township 120, Range 24 and that part of the
Northwest Quarter of Section 1, Township 120, Range 24 shown
as Parcel No. 1 on the plat designated as WRIGHT COUNTY
HIGHWAY RIGHT OF WAY PLAT No. 34, on file and of record in the
office of the Wright County Recorder, Wright County,
Minnesota;
CITY OF ALBERTVILLE, MINNESOTA
RESOLUTION NO.
DECLARING THE OFFICIAL INTENT OF THE
CITY OF ALBERTVILLE TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 providing that
proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent
unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures which may be financed
temporarily from sources other than bonds, and reimbursed from the proceeds of a bond;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE (THE "CITY") AS FOLLOWS:
1. The City reasonably intends to make expenditures for the project described in
Exhibit A (the "Project"), and reasonably intends to reimburse itself for such expenditures from
the proceeds of debt to be issued by the City in the maximum principal amount described in
Exhibit A.
2. The City Administrator is authorized to designate appropriate additions to Exhibit
A in circumstances where time is of the essence, and any such designation shall be reported to
the Council at the earliest practicable date and shall be filed with the official books and records
of the City as provided in Section 3.
3. This resolution is intended to constitute a declaration of official intent for purposes
of Treas. Reg. § 1.150-2 and any successor law, regulation, or ruling.
Approved by the City Council of the City of Albertville this day of
. 1996.
CITY OF ALBERTVILLE, MINNESOTA
Attest:
Mayor
City Clerk -Treasurer
SJB108850
AL141-21
Date of
Declaration
SJB108850
AL141-21
EXHIBIT A
TO OFFICIAL INTENT RESOLUTION
ADOPTED
Description of Project
Highway 19/37
Improvements
Maximum Principal
Amount of Debt
for Project
$400,000
Extract of Minutes of Meeting
of the City Council of the City of
Albertville, Wright County, Minnesota
Pursuant to due call and notice thereof, a special meeting of the City Council of the City
of Albertville, Minnesota, was duly held in the City Hall in said City on Monday, November 25,
1996, commencing at 7:00 o'clock P.M.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's $400,000 General Obligation Tax
Increment Bonds, Series 1996A.
The City Clerk -Treasurer presented a tabulation of the proposals which had been received
in the manner specified in the Official Terms of Proposal for the Bonds. The proposals were as
follows:
DJK113483
AL141-22
After due consideration of the proposals, Member then introduced
the following written resolution and moved its adoption :
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $400,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Albertville, Wright County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. It is hereby determined that:
(a) the City has duly established the Development District No. 1 (District)
pursuant to Minnesota Statutes, Sections 469.124 through 469.134 (the Act);
(b) the City has duly established Tax Increment Financing District No. 5 (TIF
District) within the District pursuant to Minnesota Statutes, Section 469.174 to 469.179
(TIF Act);
(c) the City is authorized by Section 469.178 and Chapter 475 to issue and sell
its general obligations to pay all or a portion of the public development costs (Costs)
related to the District as identified in the tax increment financing plan (Plan) for the TIF
District;
(d) the following Costs to be financed by the Bonds are authorized by the Plan:
Public Improvements: (the Project) Development Costs
Construction Cost
$200,000.00
Right of Way
185,000.00
Engineering
25,000.00
Bond Discount
4,000.00
Issuance Costs
20,000.00
Contingency
15,000.00
Less: Funds on Hand
(49,500.00)
Total Bond Issue
$400,000.00
DIJK113483
AL141-22
(e) It is necessary and expedient to the sound financial management of the
affairs of the City to issue $400,000 General Obligation Tax Increment Bonds, Series
1996A (Bonds) to provide financing for the Costs.
1.02. The proposal of FBS Investment Services, Inc. (Purchaser) to purchase $400,000
General Obligation Tax Increment Bonds, Series 1996A (Bonds) of the City described in the
Terms of Proposal thereof is found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $ plus accrued
interest to date of delivery, for Bonds bearing interest as follows:
Year of Interest
Maturity Rate
1998
True interest cost:
Year of Interest
Maturity Rate
1999
Term Bonds due February 1, 2004 at %
Term Bonds due February 1, 2008 at %
1.03. The sum of $ being the amount proposed by the Purchaser in excess
of $396,000 will be credited to the Debt Service Fund hereinafter created. The City Clerk -
Treasurer is directed to deposit the good faith check of the Purchaser, pending completion of the
sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith.
The Mayor and City Clerk -Treasurer are directed to execute a contract with the Purchaser on
behalf of the City.
1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 469 (Act), in the total principal amount of $400,000, originally dated December 1, 1996,
in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward,
bearing interest as above set forth, and maturing serially on February 1 in the years and amounts
as follows:
Year
Amount
Year
Amount
1998
$50,000
1999
$95,000
Term Bonds due February 1, 2004 at $150,000
Term Bonds due February 1, 2008 at $105,000
1.05. Optional Redemption. The City may elect on February 1, 2004, and on any day
thereafter to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or
in part and if in part, at the option of the City and in such manner as the City will determine.
If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as
defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will
determine by lot the amount of each participant's interest in such maturity to be redeemed and
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each participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
1.06. MandatoEy Redemption. The Term Bonds are subject to mandatory sinking fund
redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund
installment dates and in the principal amounts as follows:
Sinking Fund Installment Date Principal Amount
February 1 2004 Term Bonds
2000
$30,000
2001
30,000
2002
30,000
2003
30,000
2004 (maturity)
30,000
February 1 2008 Term Bonds
2005 $25,000
2006 25,000
2007 25,000
2008 (maturity) 30,000
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates-, Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1997,
to the registered owners of record as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Re ig ster. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
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and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new
Bonds of a like aggregate principal amount and maturity, as requested by the transferor.
The Registrar may, however, close the books for registration of any transfer after the
fifteenth day of the month preceding each interest payment date and until that interest
payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on such Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on the Bond and for all other purposes, and
payments so made to a registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g) Taxes Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h) Mutilated Lost Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
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Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to the Registrar, in which both the
City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar
will be cancelled by the Registrar and evidence of such cancellation must be given to the
City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called
for redemption in accordance with its terms it is not necessary to issue a new Bond prior
to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) not more
than 60 and not less than 30 days prior to the date fixed for redemption to the registered
owner of each Bond to be redeemed at the address shown on the registration books kept
by the Registrar and by publishing the notice if required by law. Failure to give notice
by publication or by mail to any registered owner, or any defect therein, will not affect
the validity of the proceedings for the redemption of Bonds. Bonds so called for
redemption will cease to bear interest after the specified redemption date, provided that
the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar.� The City appoints First Trust National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk -
Treasurer are authorized to execute and deliver, on behalf of the City, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law to conduct such business, the
resulting corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves
the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its
possession to the successor Registrar and must deliver the bond register to the successor Registrar.
On or before each principal or interest due date, without further order of this Council, the City
Clerk -Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal
and interest then due.
2.05. Execution Authentication and Delivery. The Bonds will be prepared under the
direction of the City Clerk -Treasurer and executed on behalf of the City by the signatures of the
Mayor and the City Clerk -Treasurer, provided that all signatures may be printed, engraved or
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. Notwithstanding such execution, a Bond will not
be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution
unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on a Bond is conclusive evidence that it has been authenticated and delivered under
this Resolution. When the Bonds have been so prepared, executed and authenticated, the City
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Clerk -Treasurer will deliver the same to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser is not
obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
[Face of the Bond]
No. R- UNITED STATES OF AMERICA $.
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF ALBERTVILLE
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1996A
Rate Maturity Original Issue CUSIP
December 1, 1996
Registered Owner: Cede & Co.
The City of Albertville, Minnesota, a duly organized and existing municipal corporation
in Wright County, Minnesota (City), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $ on the maturity date specified above, with interest thereon from
the date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 1997, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by First Trust
National Association, St.Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and
Authenticating Agent, or its designated successor under the Resolution described herein. For the
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prompt and full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2004, and on any day thereafter to prepay Bonds due
on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity
are called for redemption, the City will notify Depository Trust Company (DTC) of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot
the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed
in part by lot at par plus accrued interest on the sinking fund installment dates and in the
principal amounts as follows:
Sinking Fund Installment Date Principal Amount
February 1, 2004 Term Bonds
2000
$30,000
2001
30,000
2002
30,000
2003
30,000
2004 (maturity)
30,000
February 1, 2008 Term Bonds
2005 $25,000
2006 25,000
2007 25,000
2008 (maturity) 30,000
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for
financial institutions and within the $10 million limit allowed by the Code for the calendar year
of issue.
Additional provisions of this Bond are contained on the reverse hereof and such provisions
have the same effect as though fully set forth in this place.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
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IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures
of the Mayor and City Clerk -Treasurer and has caused this Bond to be dated as of the date set
forth below.
Dated:
(Facsimile)
City Clerk -Treasurer
CITY OF ALBERTVILLE, MINNESOTA
(,Facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $400,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on November 25,
1996 (the Resolution), for the purpose of providing money to aid in financing the public
development costs of a project (Project) in a Tax Increment Financing District (District) in the
City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Sections 469.174 to 469.179, the Minnesota Tax Increment
Financing Act, and Minnesota Statutes, Sections 469.124 through 469.134 and the principal
hereof and interest hereon are payable primarily from tax increments resulting from increases in
assessed valuation of real property in the Project in the District and from ad valorem taxes for
the City's share of the costs, as set forth in the Resolution to which reference is made for a full
statement of rights and powers thereby conferred. The full faith and credit of the City are
irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy
additional ad valorem taxes on all taxable property in the City in the event of any deficiency in
tax increments pledged, which additional taxes may be levied without limitation as to rate or
amount. The Bonds of this series are issued only as fully registered Bonds in denominations of
$5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
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duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same date, subject to reimbursement for any tax, fee or governmental charge required to be paid
with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required, and that the issuance
of this Bond does not cause the indebtedness of the City to exceed any, constitutional or statutory
limitation of indebtedness.
The following abbreviations, when used in the inscription on the face of this Bond, will
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer
the said Bond on the books kept for registration of the within Bond, 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:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion
Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signature Program ("MSP")
or such other "signature guarantee program" as may be determined by the Registrar in addition
to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by
joint account.)
Please insert social security or other
identifying number of assignee
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PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Signature of
Date of Registration Registered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Clerk -Treasurer is directed to obtain a copy of the proposed approving
legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete
except as to dating thereof and to cause the opinion to be printed on or accompany each Bond.
Section 4. Payment, Security: Pledges and Covenants.
4.01. The Bonds are payable from the General Obligation Tax Increment Bonds, Series
1996A Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax
Increments) from the Tax Increment Financing District (District) in which the project financed
by the Bonds is located received by the City described in Section 1.01 together with special
assessments (Assessments) for the Project are pledged to the Debt Service Fund. Ad valorem
taxes levied under Section 4.02 are also pledged to the Debt Service Fund. If a payment of
principal or interest on the Bonds becomes due when there is not sufficient money in the Debt
Service Fund to pay the same, the City Clerk -Treasurer is directed to pay such principal or
interest from the general fund of the City, and the general fund will be reimbursed for those
advances out of the proceeds of Tax Increments when received. There is appropriated to the Debt
Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the
minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the
Purchaser upon closing and delivery of the Bonds.
4.02. It is determined that at least 20% of the cost of the Project will be paid for by tax
increments. For the purpose of paying the principal of and interest on the Bonds, there is levied
a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which
will be spread upon the tax rolls and collected with and as part of other general taxes of the City.
The tax will be credited to the Debt Service Fund and is in the years and amounts as follows
(year stated being year of levy for collection the following year):
Year Lev
(See Attachment A)
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4.03. The City Clerk -Treasurer is directed to file a certified copy of this Resolution with
the County Auditor of Wright County and obtain the certificate required by Minnesota Statutes,
Section 475.63.
4.04. It is determined that the estimated collection of the foregoing taxes will produce
at least five percent in excess of the amount needed to meet when due, the principal and interest
payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are
paid, provided that at the time the City makes its annual tax levies the City Clerk -Treasurer may
certify to the County Auditor the amount available in the Debt Service Fund to pay principal and
interest due during the ensuing year, and the County Auditor will thereupon reduce the levy
collectible during such year by the amount so certified.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records
of the City relating to the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their
knowledge or as shown by the books and records in their custody and under their control, relating
to the validity and marketability of the Bonds, and such instruments, including any heretofore
furnished, will be deemed representations of the City as to the facts stated therein.
5.02. The Mayor and City Clerk -Treasurer are authorized and directed to certify that they
have examined the Official Statement prepared and circulated in connection with the issuance and
sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a
complete and accurate representation of the facts and representations made therein as of the date
of the Official Statement.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary
periods for investments, limitations on amounts invested at a yield greater than the yield
on the Bonds, and the rebate of excess investment earnings to the United States if the
Bonds (together with other obligations reasonably expected to be issued in calendar year
1996) exceed the small -issuer exception amount of $5,000,000.
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(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face
amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and
all subordinate entities of the City) during the calendar year in which the Bonds are issued
and outstanding at one time is not reasonably expected to exceed $5,000,000, all within
the meaning of Section 148(f)(4)(C) of the Code.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, 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.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 1996 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 1996 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 7. Book -Entry System,• Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company,
New York, New York, and its successors and assigns (DTC). Except as provided in this section,
all of the outstanding Bonds will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(Participants) or to any other person on behalf of which a Participant holds an interest in the
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Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bonds, and for all other purposes.
The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to
or on the order of the respective registered owners, as shown in the registration books kept by
the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and
discharge the City's obligations with respect to payment of principal of, premium, if any, or
interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered
owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a
certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City
Clerk -Treasurer of a written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of
DTC; and upon receipt of such a notice, the City Clerk -Treasurer will promptly deliver a copy
of the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The form of Blanket Issuer Letter of Representations
proposed to be submitted to DTC, which is on file with the City Clerk -Treasurer and presented
to this meeting (Representation Letter), is hereby approved, and the City Clerk -Treasurer is
authorized to execute and deliver the Representation Letter in substantially the form on file, with
such changes therein not inconsistent with law as the City Clerk -Treasurer and the City Attorney
may approve, which approval will be conclusively evidenced by the execution thereof. Any
Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds
will agree to take all action necessary for all representations of the City in the Representation
letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at
all times.
7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owners in accordance with the provisions of this Resolution. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable law.
In such event, if no successor securities depository is appointed, the City will issue and the Bond
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
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7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. Participating underwriters need not comply with the continuing disclosure
requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under
the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount
less than $1,000,000. Consequently, the City will not enter into any undertaking to provide
continuing disclosure of any kind with respect to the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
DJK113483
AL141-22
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) SS.
CITY OF ALBERTVILLE )
I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of
Albertville, Wright County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a special meeting of the City Council of the City
held on November 25, 1996 with the original minutes on file in my office and the extract is a
full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
$400,000 General Obligation Tax Increment Bonds, Series 1996A of the City.
WITNESS My hand officially as such Clerk -Treasurer and the corporate seal of the City
this day of , 1996.
City Clerk -Treasurer
Albertville, Minnesota
(SEAL)
DJK113483
AL141-22
STATE OF MINNESOTA COUNTY AUDITOR'S
CERTIFICATE AS TO
COUNTY OF WRIGHT TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor of Wright County, Minnesota, hereby certify that a
certified copy of a resolution adopted by the governing body of the City of Albertville,
Minnesota, on November 25, 1996, levying taxes for the payment of $400,000 General Obligation
Tax Increment Bonds, Series 1996A, of said municipality dated December 1, 1996, has been filed
in my office and said bonds have been entered on the register of obligations in my office and that
such tax has been levied as required by law.
WITNESS My hand and official seal this day of , 1996.
County Auditor
Wright County, Minnesota
(SEAL)
Deputy
DJK113483
AL141-22
MEMORANDUM
TO: LINDA HOUGHTON, CITY CLERK, GARY HALE, CITY
ADMINISTRATOR, CITY COUNCIL MEMBERS
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: RETURN OF TIF NOS. 1, 2, 3 AND 4 FUNDS TO WRIGHT COUNTY.
DATE: NOVEMBER 20, 1996
On August 26, 1996, the State Auditor wrote the City and
informed the City that it must return $223,249 in TIF funds from
the debt service fund of TIFs 1, 2, 3 and 4 to the County. These
funds must be returned under state law since the TIFs have expired.
The state arrived at its number based on a standard TIF report
contained in the 1994 audit. The $223,249 amount exceeded the
amount in the debt service fund by approximately $20,000 (meaning
that the City would have to pay the County $20,000 from the City's
general fund). Linda and I went through the recent history of the
TIF funds (1991-94) and found several unexplainable errors in the
City's audits in 1992, 1993 and 1994 which caused the $20,000
discrepancy.
Ultimately, we were able to reconcile the debt service funds
on hand with the TIF reports (which account for all TIF spending
within a specific TIF fund) to within $84. We believe the
remaining $84 is simply too small to chase, and have suggested that
we pay the $84 difference to the County. The amount which should
be refunded to the County is $203,481, plus additional interest
earned on the money by the City in 1996 (interest will not be
allocated to the debt service funds until the end of the year) and
the TIF fund's remaining share of the Piper Jaffray settlement to
be distributed in 1997-98.
On Wednesday, November 13, 1996, Linda and I met with Darla
Groshens, the County Auditor, to review our findings with her.
Darla agreed with our numbers, and on November 19th, the County
Board approved the $203,481 figure, subject to approval by the
State Auditor. We had feared that the County would attempt to
charge the City an interest rate of 7% or 8% on the funds from 1994
to the present, but, with the help of Commissioner Judy Rose, the
County will accept all interest the City earned on the funds (which
is not much considering the Piper Jaffray loss) instead of charging
the City a set rate. A letter explaining the situation has been
sent to the State Auditor, and we expect the State Auditor to
revise its payback figure to reflect the $20,000 corrections.
At this time we are requesting that the City approve the
$203,481 figure, plus any additional interest and Piper Jaffray
1
funds allocable to this fund. The money will be immediately
forwarded to the County, in the hopes that it can be included in
the January final tax settlement. The City can expect to receive
an additional $50,000 to $60,000 in general tax revenue from the
County when the $203,481 is divided between the County, City and
School District. City staff has been expecting the return of these
funds and has tentatively earmarked the funds to be used to shore -
up a few of the City's lagging debt service funds. Because the
$203,481 is coming out of the TIF 2, 3 and 4 debt service fund, it
will not affect the City's budget in any way. As we discussed
before, these funds are different TIF funds than will be spent on
the County Highway 37/19 project.
I also suggest that the City inform
errors, and send the auditor a bill for
locating the errors in the audits, along
from the State Auditor.
2
its prior auditor of the
city expenses incurred in
with a copy of the letter
a�1TOR STATE OF MINNESOTA
Q' ILiDVN'O�
OFFICE OF THE STATE AUDITOR
off' SUITE 400
':!sue'• . y
s '.:........ a
525 PARK STREET
SAINT PAUL 55103
JUDITH H. DUTCHER
STATE AUDITOR
August 26, 1996
Linda Houghton, City Clerk
City of Albertville
5975 Main Avenue NE
P.O. Box 9
Albertville, MN 55301
RE: City of Albertville Tax Increment Financing Districts
Dear Ms. Houghton:
(612) 296-2551 (Voice)
(612) 297-5353 (TDD)
The Office of the State Auditor (OSA) is in the process of reviewing the tax increment
financing (TIF) reporting forms for Albertville TIF districts 1 through 6. Based on conversations
you have had with my staff, I understand that districts 1 through 4 were decertified prior to 1995.
In reviewing Albertville's year-end, 1994 audited financial statement, I note that excess increment
�in the amount of approximately $223,249.00 remained in these districts at the time of decertification.
There may be further excess increment if interest generated by this money has also been retained by
the city.
Pursuant io Minn. Stat. §469.176, subd. 2, any excess increment remaining in a TIF district
after payment of authorized plan expenditures must be returned to the county for distribution.
Accordingly, the City of Albertville must immediately return all excess increment from districts 1
through 4 to the Wright County Auditor's Office. Failure to do so will be a violation of the TIF
statutes. Please provide this office with written confirmation of the amount of excess increment
returned to Wright County at the time the transfer is made.
Second, I note that we have not yet received adequate confirmation that TIF districts 1
through 4 have been decertified. The July 23, 1993 letter you forwarded from the Wright County
Auditor's Office only addresses decertification of two districts. Further, the two districts noted in
the letter are referred to by names which do not correspond with the names by which the city
Recycled paper with a minimum of
;: 15% post -consumer waste QM An Equal Opportunity Employer
OFFICE OF THE STATE AUDITOR
Ms. Linda Houghton
August 26, 1996
Page 2
identifies the districts in its audited financial scatements (i.e. District 1, District 2, etc.). Please
obtain documentation verifying decertification of the four districts from Wright County and
identifying the districts in a manner which corresponds with other city records. Once we have
received verification of decertification, we will remove the districts from our database. Please note
that it is a violation of law to expend increment generated by districts which have been decertified.
Accordingly, any such expenditures must cease and all excess increment returned to the county.
We have additional questions regarding your current districts 5 and 6 which I will address
in a separate letter. Should you have any questions regarding the return of excess increment, please
contact me at 612/296-9255.
Sincerely,
t
Je fer L. Mohlenhoff
T Increment Financing Director
cc: Rod Bunting, Wright County Auditor's Office
32025187aO SEH-ST CLOUD Page 1/2 Job 409 Nov-20 Wed 15:47 1996
AdAWIAW 113 S FIFTHAVENUE. P D BOX 1717 ST CLOUD, MN .%3U?-1717 3A9:7'%A4/41 NW 57: Q617 3?0: i 1 Bl1ip 1 AX
ASE" ARCHITECTURE ENGINEERING CNVIRONMFNrA1 TRANSPORTATION
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: November 20, 1996
RE: Former Fire Hall Site
SEH No. A-ALBEV 9701.00
I reviewed the soils investigation report previously completed for the above referenced site, and have
found it does not contain information necessary to determine if the site is adequate for a building.
Enclosed is a quote from independent Testing Technologies (ITT) to provide for borings (two 20-
foot borings and two 30-foot borings) that would be drilled within the footprint of the proposed
building. Their investigation would provide information regarding allowable bearing pressures,
differential settlements, and excavation and backfill requirements.
I have worked with ITT on numerous occasions, and have found them to be very cost effective, and
recommend the Council authorize the hiring of ITT.
dig
c: Linda Houghton, City Clerk
U:WAUEV COWNO-20A.%)
SHORr ELLIOrT
HENORICKSONYVC SI PAUL. MN MWAEAPOLIS. MN CHOWEWA I AL LS, W1 MADISON. W1 LAAFCOUNTY IN
EOLIAL OFF43RTLOW1Y144PLOYER
• • • — --- • • a - • .vr. yLy " VV^4 I C rMf"7f\, IVIIN nw ts/
Phmo: (320) 253-4338 • Fax. 132n1 2.8;!�.dAd-
Novetiiber 20'0 1 %
Mr. Pete Carlson
P,O. Elm 1717,
St. Cloud, Mt- sr; oz
5
-AS; Proposal #§l l07 Proposal for C=oiedu* d Scrvim
City Building Site, Albm•tvMo, hsttocaots _.
Derr & Carlson_
Independent Teidng Technologies, Inc. is P1662ed to aAU* this. proposal to provide drilling servict%s
for the'above reterinced project to A.lbertvik h irmeso6L We will conduct drilling ob the sice•at tlie'
cost given below:
I?�r�ctit1t10nQualky Unit Ratc Extcnaiwi. '
100' DrUng with Drip. Rig and Craw Conduces$
)dQripg's (2 td 30'• 2 to 20') 100 Feet S 8.00 S 800.00'
Mobilization 2 Hours S 80.00 S *160:00
ttegtstoW P.S.• Conducting Evah"onA Report 5 Hours S 75.00 S 3=D_
TOTAL: s 133Mo
Sated on the above. scope of services, our coat WM rm exceed S1,335.00. We understand the site is
4.cc4aible at this time and that the city would provide snow plowing if it would becotttc necemiry.
We would be, ables.Eo be drilling on this site during the week of December 2, 1906; and the report
would be complete within two vAwks of completion of the Bald work.
Mr: Carlson, we would be pleased to work with you on this project. 1f you havc any questions -about'
this:proposal- or the scope of services we offer, plow fed free to contact me.
P4
•Patric♦: A. yo on. P:E.
t 1 U7
Geotechnical Division %Onager
TA �d MITI�I 1�1�'71.17J�flAIT ,tirwcr.sn�� en•�T nr�� /n� /+•
CITY OF ALBERTVILLE
RESOLUTION #1996-67
WHEREAS, the City Council is desirous of collecting all
charges for the use of the wastewater treatment facility and the
storm water system; and
WHEREAS, the City Council has determined that some sewer and
storm water accounts remain uncollected and delinquent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Albertville, Wright County, Minnesota, hereby directs the city
clerk to certify the attached list of uncollected sewer and storm
water accounts to the County Auditor for collection with real
estate taxes.
BE IT FURTHER RESOLVED the City council hereby orders that
delinquent accounts certified to the tax rolls will be assessed an
eight percent (8%) interest charge upon certification and the total
assessment will be collectible along with the 1997 taxes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 25TH
DAY OF NOVEMBER, 1996.
Michael Potter, Mayor
ATTEST:
Linda Houghton, City Clerk
CITY OF ALBERTVILLE
DELINQUENT SEWER & STORM WATER ACCOUNTS
PID #
PROPERTY OWNER
AMOUNT
101-500-121202
Greg Vetsch
8.69
101-500-014406
Marlyn Haag
21.44
101-500-014319
Larry McDermitt
667.22
101-041-001100
Marty & Jody Nelson
3.97
101-027-002020
Tim Philips
3.97
101-027-002040
LaDonna Eull
3.61
101-023-002010
James Walsh
147.70
101-022-005020
Tracdy Helgeson
547.58
101-022-003030
Randy Makela
163.76
101-022-005041
Joyce Smith
5.42
101-022-003061
Burnet Realty
35.10
101-022-003081
Lynn Blomberg
155.98
101-022-003090
Dennis Mergen
3.56
101-022-003091
Anthony Grundman
131.63
101-011-002160
Douglas Hogetvedt
39.66
101-011-002150
George Lindenfelser
319.83
101-500-011309
Paul Larson
186.53
101-011-002170
Keith Chalstrom
106.69
101-011-001080
David Dietrich
65.14
101-025-001030
David Miodus
354.62
101-500-012103
Mark Barthel
4.82
101-500-012101
Terry Hughes
143.83
101-124-001100
Michael Nelson
4.62
101-124-001110
David Dufner
4.62
101-124-002040
Richard Zachmann
4.62
101-134-002020
Kelly Knock
4.62
101-134-002030
Randall Miller
4.62
101-014-001040
Francis Dooher
235.30
101-014-001020
Patricia Hurd
330.63
101-014-001010
Donald Barthel
133.88
101-040-005070
David Kanne
3.61
101-040-003020
Dennis & Deborah Massie
4.01
101-036-001170
Sean Beecher
7.91
101-500-352302
Kenco
4.62
101-500-352400
Wright County Bag Company
229•52
101-037-001020
Albertville Meadows Apartments
16,107.67
101-021-001020
Mark Swenson
21.44
101-500-024403
Robert Heuring
21.44
101-500-352301
Paul & Ellen Riley
4.62
101-042-002180
Kenco
3.61
101-042-002170
Kenco
3.61
101-042-002160
Kenco
3.61
101-042-002150
Kenco
3.61
101-042-002140
Kenco
3.61
101-042-002130
Kenco
3.61
101-042-002120
Kenco
3.61
101-042-002110
Kenco
3.61
101-042-002070
Patrick Trollen
104.55
101-042-002060
Patrick & Tammy Georges
220.05
101-042-001070
Nancy Roberts
3.61
101-042-001060
Kenco
39.66
101-042-001050
Kenco
39.66
101-042-001040
Kenco
3.61
101-042-001030
Kenco
3.61
101-042-001020
Kenco
39.66
101-040-003090
Kenco
182.89
101-040-002010
Timothy & Melissa Hanson
167.07
101-045-001080
Kenco
3.61
101-029-004070
Dale Langsdorf
4.94
101-029-003090
Gary Johnson
5.06
101-040-003130
Kenco
182.89
101-038-002010
Stan's Storage
37.97
101-038-002010
Stan's Storage
37.97
101-038-002010
Stan's Storage
37.97
101-027-001040
Michael Duffney
3,032.30
101-022-005130
Steven Klitzka
128.04
101-011-005070
Jeffrey Vogel
233.33
101-011-005030
Dennis Licciardi
97.00
101-011-006060
Mike Peterson
39.66
101-025-002030
Kyle Weir
3.61
101-039-003040
Banner Homes
182.66
101-044-001070
Banner Homes
182.89
101-044-001040
Patrick Dingman
42.90
101-500-011303
Brett Carlson
182.66
101-500-012108
Allen Zimmer
247.93
101-500-012111
Steve Praught
57.00
TOTAL AMOUNT CERTIFIED
$25,659.35