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7.3. SR 04-06-2009~~/ City of Elk -~ River REQUEST FOR ACTION To Item Number Ci Council 7.3, Agenda Section Meeting Date Prepared by Administration Aril 6, 2009 Tim Simon, Finance Director Item Description Reviewed by Resolution Requesting Action of the Board of Commissioners Lori ohnson, Ci Administrator of the Elk River Economic Development Authority, Minnesota Reviewed by Calling for Redemption of Certain Outstanding Bonds. Action Requested The approval of a resolution requesting action of the Board of Commissioners of the Elk River Economic Development Authority, Minnesota calling for redemption of certain outstanding bonds. Background/Discussion After every tax settlement and bond payment the Finance Department reviews the various debt service funds and outstanding bond issues to determine if sufficient cash exists to pay-off any outstanding bonds assuming they have reached their callable date. On November 1, 1991, the City and EDA issued $2,740,000 in City Hall and Law Enforcement Facility Revenue Bonds. Subsequently on December 1, 1997, the City and EDA refunded the bonds with a final maturity of February 1, 2011. The bonds have been financed internally thru the NSP fund, Government Buildings Fund, General Fund, and Liquor Store Fund. Sufficient funds exist with the remaining amounts internally financed and. the irrevocable deposit with the escrow agent ($234,155 as of 12/31 /08) to call the remaining outstanding principal plus accrued interest to June 1, 2009. The deposit with the escrow agent (US Bank) will be released and applied against the final payment. Financial Impact Prepaying the bonds would result in a savings of approximately $27,000 less a small amount of accrued interest. The amount to be paid on June 1, 2009 is $410,000 outstanding principal plus accrued interest. Attachments • Resolution Requesting Action of the Board of Commissioners of the Elk River Economic Development Authority, Minnesota Calling for Redemption of Certain Outstanding Bonds Action Motion by Second by Vote Follow Up C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\calling1997bonds.doc EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA HELD: April 6, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Elk River, Minnesota, was duly called and held at the City Hall in said City on Apri16, 2009, at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION 09- REQUESTING ACTION OF THE BOARD OF COMMISSIONERS OF THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA CALLING FOR REDEMPTION OF CERTAIN OUTSTANDING BONDS BE IT RESOLVED by the City Council of the City of Elk River, Minnesota (the "City"), as follows: A. WHEREAS, the Board of Commissioners of the Elk River Economic Development Authority, Minnesota (the "Authority") issued on behalf of the City $2,290,000 City Hall and Law Enforcement Facility Revenue Refunding Bonds, (City of Elk River, Lease Purchase Obligation), Series 1997 dated December 1, 1997 (the "Bonds"), of which $410,000 remain outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2010 and thereafter, are subject to redemption and prepayment at the option of the Authority on any date, at par and accrued interest; and C. WHEREAS, on April 13, 2009, the Authority will consider a resolution calling for the redemption of the 2010 and 2011 maturities of the Bonds, inclusive, totaling $410,000 in principal amount, on or about June 1, 2009; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota (the "City"), as follows: 1. The City Council hereby approves the redemption and prepayment of the Bonds by the Authority maturing in the years 2010 and 2011, inclusive, on or about June 1, 2009 at par and accrued interest for each such Bond called. 2321143v1 2. The City Council hereby exercises the option to terminate the Lease pursuant to Section 10.01 of the Lease Purchase Agreement between the authority and the City, dated as of November 1, 1991 as amended by the Supplement to Lease Purchase Agreement dated as of December 1, 1997. 3. The City Finance Director shall deposit $ in the Debt Service Account of the Bond Fund for the Bonds and the Mayor and City Administrator are authorized and directed to take such additional action on behalf of the City as is necessary to complete the prepayment of the Bonds. The motion for the adoption of the foregoing resolution was seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: ATTEST: Tina Allard, Ciry Clerk Whereupon the resolution was declared duly passed and adopted. Stephanie Klinzing, Mayor 2321143v1 2 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council, held on the date therein indicated, with the original thereof on file and of record in my office and that the same is a full, true and complete transcript insofar as the same relates to the resolution concurring in the action of the Elk River Economic Development Authority, Minnesota WITNESS my hand on April _, 2009. Clerk 2321143v1 3