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<br />. <br /> <br />RESOLUTION NO. 06-123 <br /> <br />A RESOLUTION AWARDING THE SALE OF $11,951,940,29 <br />GENERAL OBLIGATION TAXABLE TAX INCREMENT NOTES, SERIES 2006B; <br />FIXING THEIR FORM AND SPECIFICATIONS; <br />DIRECTING THEIR EXECUTION AND DELIVERY; <br />AND PROVIDING FOR THEIR PAYMENT <br /> <br />BE IT RESOLVED By the City Council of the City of New Brighton, Ramsey County, <br />Minnesota (the "City") as follows: <br /> <br />Section 1. <br /> <br />Background. <br /> <br />(a) <br /> <br />1.01. It is hereby detennined that: <br /> <br />(b) <br /> <br />. <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />the City has duly established Development District No. 1 (the "District") <br />pursuant to Minnesota Statutes, Sections 469.124 through 469.134 (the <br />"Development District Act"); <br /> <br />the City has duly established Tax Increment Financing District Nos. 31 and <br />32 (NWQ Special Law) (the "TIF Districts"; within the District and within <br />the area known as the "NW Quad", all pursuant to Minnesota Statutes, <br />Section 469.174 to 469.179 (the "TIF Act") and Minnesota Laws 1998, Ch. <br />389, Article 11, Section 24 (the "Special Law"); <br /> <br />the City is authorized by Section 469,178 of the TIF Act to issue and sell its <br />general obligations to pay all or a portion of the public development costs <br />(Costs) related to the District and the NW Quad as identified in the tax <br />increment financing plan for the TIF Districts; <br /> <br />in connection with redevelopment of the NW Quad, the City will purchase <br />certain property within the NW Quad and the District (the "Midwest Asphalt <br />Property'') pursuant to the tenns of a Binding Mediated Settlement <br />Agreement between the City, Walburn, Ltd. ("Walburn") and Midwest <br />Asphalt Corporation ("MW A") dated September 27, 2005 (the "Binding <br />Agreement"). <br /> <br />Pursuant the Binding Agreement, the City agreed, as part of the <br />consideration for purchase of the Midwest Asphalt Property, to issue the <br />City's $11,951,940.29 General Obligation Taxable Tax Increment <br />Revenue Notes, Series 2006B (the "Notes"), <br /> <br />1.02. For the consideration described in the Binding Agreement, the City will forthwith <br />issue and sell the Notes pursuant to the TIF Act and Minnesota Statues, Chapter 475, in the total <br />principal amount of $11,951,940.29, originally dated December 15, 2006, in two notes, one in <br />the denomination of $7,079,034.54 numbered R-I, and the other in the denomination of <br />$4,872,905.75 numbered R-2, each bearing interest at the rate of 5.9522%, maturing on <br />December 15,2016, and payable in semi-annual installments of principal and interest as set forth <br />in the fonn of the Notes shown in Section 3 hereof. The Note numbered R-l will be sold to <br />302227v3SJBNEI36.163 2 <br /> <br />. <br />