2009-10-27.--,
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MOUND HOUSING AND REDEVELOPMENT AUTHORITY
OCTOBER 27, 2009
The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular
session on Tuesday, October 27, 2009 at 7:25 p.m, in the council chambers of city hall.
Members present: Chair Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch and
Greg Skinner
Others present: City Attorney John Dean, Executive Director Kandis Hanson, City Clerk Bonnie
Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Finance
Director Catherine Pausche
1. Open meeting
The meeting was called to order at 7:25 p.m. by Chair Hanus.
2. Approve agenda
MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried.
3. Approve claims
MOTION by Osmek, seconded by Salazar to approve the claims in the amount of $3,569.06. All
voted in favor. Motion carried.
4. Approve minutes
MOTION by Osmek, seconded by Salazar to approve the minutes of the October 13, 2009 meeting.
The following voted in favor: Osmek, Salazar, Hanus and Skinner. The following voted against:
None. Gesch abstained from voting because she was absent from that meeting. Motion carried.
5. Catherine Pausche reauestinq action on resolution for amended and restated tax increment
pledge related to Series 2009D bonds
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 09-14H: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND
RESTATED TAX INCREMENT PLEDGE AGREEMENT WITH THE CITY OF MOUND RELATING
TO GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009D, TO BE
ISSUED IN AN AMOUNT NOT TO EXCEED $4,100,000.
6. Catherine Pausche reauestinq action on resolution authorizing internal loan
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 09-15H: RESOLUTION AUTHOROZING INTERNAL LOAN IN CONNECTION
WITH TAX INCREMENT BONDS SECURED BY TAX INCREMENT DERIVED FROM THE MOUND
HARBOR TAX INCREMENT FINANCING DISTRICT
7. Adiourn
MOTION by Osmek, seconded by Gesch to adjourn at 7:29 p.m. All voted in favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
Chair Mark Hanus
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION N0.09-14H
RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED
AND RESTATED TAX INCREMENT PLEDGE AGREEMENT
WITH THE CITY OF MOUND RELATING TO GENERAL
OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES
2009D, TO BE ISSUED IN AN AMOUNT NOT TO EXCEED
$4,100,000
WHEREAS, pursuant to a resolution approved by the City Council of the City of Mound (the
"City") on July 12, 2005, and the authority conferred by Minnesota Statutes, Section 469.178, and
Minnesota Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Tax Increment
Temporary Bonds, Series 2005D (the "Series 2005D Bonds") in an original aggregate principal amount of
$3,875,000;
WHEREAS, in conjunction with the issuance and sale of the Series 2005D Bonds, the City and
the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA") entered
into a Tax Increment Pledge Agreement, dated July 12, 2005;
WHEREAS, pursuant to a resolution approved by the City Council of the City on
December 11, 2007, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota
Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Temporary Tax Increment
Refunding Bonds, Series 2008A (the "Series 2008A Bonds"), in an original aggregate principal amount
of $4,010,000, in order to pay the outstanding principal of and interest due on the Series 2005D Bonds at
maturity;
WHEREAS, in conjunction with the issuance and sale of the Series 2008A Bonds, the City and
the HRA entered into an Amended and Restated Tax Increment Pledge Agreement, dated
December 11, 2007;
WHEREAS, the Series 2008A Bonds mature on August 1, 2010, and the City intends to issue
general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series
2008A Bonds;
WHEREAS, pursuant to a resolution approved by the City Council of the City on
October 27, 2009 (the "Bond Resolution"), and the authority conferred by Minnesota Statutes, Section
469.178, and Minnesota Statutes, Chapter 475, the City has agreed to issue and sell general obligation
bonds of the City in an original aggregate principal amount not to exceed $4,100,000, designated the
General Obligation Tax Increment Refunding Bonds, Series 2009D (the "Series 2009D Bonds"), to
redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds;
WHEREAS, the HRA has agreed to pledge certain tax increment revenues to the City for the
payment of the principal and interest on the Series 2009D Bonds; and
WHEREAS, there has been presented to the HRA an Amended and Restated Tax Increment
Pledge Agreement between the HRA and the City (the "Pledge Agreement") providing for the pledge of
certain tax increments from the Mound Harbor Tax Increment Financing District within the Mound
Harbor Project Area in the City to the payment of principal and interest on the Series 2009D Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") of
the HRA, as follows:
1. The Chair and Executive Director of the HRA are hereby authorized to execute and
deliver the Pledge Agreement in substantially the form on file in City Hall.
2. This resolution shall be effective as of the date hereof.
Adopted by the Housing and Redevelopment Authority in and for the City of Mound, Minnesota this 27th
day of October, 2009.
Attest: Bonnie Ritter, City Clerk
MU200-148 (JAE)
358789v1
Chair Mark Hanus
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MOUND HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION N0.09-15H
RESOLUTION AUTHORIZING INTERNAL LOAN IN
CONNECTION WITH TAX INCREMENT BONDS SECURED BY TAX
INCREMENT DERIVED FROM THE MOUND HARBOR TAX
INCREMENT FINANCING DISTRICT
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS (THE "BOARD") OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND,
MINNESOTA (THE "AUTHORITY") AS FOLLOWS:
Section 1. Back ound.
1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the "TIF
Act"), and Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), the City
of Mound, Minnesota (the "City"), and the Authority previously established a tax increment financing
district known as the Mound Harbor Tax Increment Financing District (the "TIF District") within the
Mound Harbor Project Area (the "Project").
1.02. The City has proposed to issue its General Obligation Tax Increment Refunding Bonds,
Series 2009D (the "TIF Bonds"), in the aggregate principal amount proposed not to exceed $4,100,000,
secured in part with tax increments generated from the TIF District. Pursuant to an Amended and
Restated Pledge Agreement to be executed by the City and the Authority in conjunction with the issuance
of the TIF Bonds, the Authority has pledged tax increment derived from the TIF District, to the extent
available, to pay all of the principal and interest on the TIF Bonds.
1.03. The Authority may need to pay principal or interest on the TIF Bonds on a temporary basis
from available funds in the account for other tax increment financing districts administered by the Authority,
or from other City or Authority funds available for such purposes.
1.04. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority 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.
1.05. The Authority 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 TIF Bonds.
Section 2. Interfund Loans Authorized.
2.01. The Chair and Executive Director of the Authority are authorized to enter into one or more
Interfund Loans, the proceeds of which are applied to pay debt service when due on the TIF 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 Executive Director of the
Authority 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 Chair and Executive Director of the Authority are
authorized and directed to sign each such Interfund Loan form on behalf of the Authority. The terms of any
Interfund Loan may be modified from time to time by the Chair and Executive Director 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 $3,000,000.
2.03. Each Interfund Loan shall bear interest on the principal amount advanced, accruing from the
date of each initial expenditure, at a rate of 5% per annum.
2.04. Principal and interest ("Payments") on each Interfund Loan shall be paid semi-annually on
each February 1 and August 1 (each a "Payment Date"), commencing with the first Payment Date specified
in the Interfund Loan form, and continuing 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 year and 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
respect to the property within the TIF District and remitted to the Authority 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 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
Authority's Chair and Executive Director 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 pre-payable
in whole or in part at any time by the Authority 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 Authority 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 Authority 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 Authority 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 Authority 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 Authority's Chair and Executive Director may initiate, prepay, terminate, or modify the terms
of any Interfund Loan authorized under this resolution without further action by the Board, so long as such
actions are consistent with the terms for Interfund Loans described in this Resolution.
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Section 3. Effective Date. This resolution is effective upon the date of its approval.
Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of
Mound, Minnesota, this 27th day of October, 2009.
Attest: Bonnie Ritter, City Clerk
MU200-148 (JAE)
359089v2
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Chair Mark Hanus