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HomeMy WebLinkAboutResolution 5167 Authorizing the Issuance and Negotiated Sale of Midtown Urban Renewal TIF Bonds 1 RESOLUTION 5167 RESOLUTION RELATING TO UP TO $6,500,000 TAX INCREMENT URBAN RENEWAL REVENUE BONDS (BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT), SERIES 2020; AUTHORIZING THE ISSUANCE AND PRIVATE NEGOTIATED SALE THEREOF BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Recitals. 1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43 (the “Act”), the City is authorized to create an urban renewal area, prepare and adopt a redevelopment plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to taxes collected in such area, issue its bonds to pay the costs of such projects and to refund bonds previously issued under the Act and pledge to the repayment of the bonds the tax increment and other revenues derived from projects undertaken within the urban renewal area. 1.02. Pursuant to the Act and Ordinance No. 1685 adopted by the Commission on November 27, 2006, as amended by Ordinance No. 1925, adopted by the City Commission on December 16, 2015 (collectively, the “Ordinance”), the City has created the Bozeman Midtown Urban Renewal District (the “District”) as an urban renewal district and has approved the Bozeman Midtown Urban Renewal Plan (the “Plan”) for the District containing a tax increment financing provision, all as set forth in the Ordinance and the Plan. DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 2 1.03. The Plan details conditions of blight in the District, including physical deterioration of public improvements, including with respect to streets, curbs, gutters, sidewalks, storm drainage, lighting and landscaping. In addition, the Plan outlines goals and initiatives for the District, including installing signage, lighting, landscaping and sidewalk, curb, gutter and street improvements, to promote economic development, improve multi-modal transportation and improve, maintain and support innovation in infrastructure. 1.04. On January 13, 2020, the Commission adopted Resolution No. 5125, calling a public hearing to approve the design, engineering and construction of various public infrastructure improvements within the District, including (i) development of Aspen Street as a “festival” street, including sidewalk, street light and curb and gutter improvements, pedestrian crossing, street trees and stormwater infrastructure improvements to Aspen Street between North 5th Avenue and North 7th Avenue; (ii) installation of angle parking infrastructure along the western edge of the Westlake BMX Park; (iii) street, sidewalk, street light and curb and gutter improvements, pedestrian crossing, street trees and stormwater infrastructure improvements to North 7th Avenue between Durston Road and Mendenhall Street; and (iv) construction of a multi-use path, allowing pedestrian and bike connectivity to the Westlake BMX Park, the Aspen Street improvements described above and a new mixed-use development in the District known as the Aspen Crossing Project (such public infrastructure improvements, collectively, the “Initial Project”) and the expenditure of tax increment revenues or the issuance of tax increment revenue bonds to pay all or a portion of the costs of the Initial Project. 1.05. On February 10, 2020, following a duly noticed public hearing, the Commission adopted Resolution No. 5126, approving the Initial Project and the use of tax increment revenues or the issuance of tax increment revenue bonds to pay or finance all or a portion of the costs of the Initial Project, and making certain findings with respect to the Initial Project. Resolution No. 5126 also authorized officers of the City to pursue a negotiated sale of the City’s tax increment revenue bonds with one or more banks. Such authorized officers have subsequently determined that it is in the best interests of the City to instead proceed with a negotiated sale to an underwriter, as described below. Section 4 of Resolution No. 5126 is therefore expressly superseded by this resolution, and is of no further force or effect. DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 3 1.06. The City has determined to make certain improvements to sewer lines or mains serving North 5th Avenue in the District (the “Sewer Improvements”), and has determined to finance the costs using tax increment revenues or the proceeds of tax increment revenue bonds. The Sewer Improvements are an eligible urban renewal project under the Plan and the Act. The Commission hereby finds with respect to the Sewer Improvements as follows: a. no persons will be displaced from their housing by the Sewer Improvements; b. the Plan and the Sewer Improvements conform to the Bozeman Community Plan or parts thereof for the City as a whole; c. the Plan and the Sewer Improvements will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d. there is expected to be a sound and adequate financial program for the financing of the Sewer Improvements; and e. the Sewer Improvements constitute an urban renewal project within the meaning of the Act and the Plan. Based on such findings, the Commission hereby determines to undertake the Sewer Improvements in conjunction with the Initial Project (the Initial Project, together with the Sewer Improvements, the “Project”), and to finance all or a portion of the Project through the issuance of tax increment revenue bonds, as described below. Section 2 Authorization; Sale of Bonds; Bond Purchase Agreement. 2.01. The Series 2020 Bonds. Pursuant to the authority and approvals recited above, it is hereby determined that it is in the best interests of the City to offer for sale up to $6,500,000 in principal amount of its Tax Increment Urban Renewal Revenue Bonds (Bozeman Midtown Urban Renewal District), Series 2020 (the “Series 2020 Bonds”), to (i) pay all or a portion of the costs of DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 4 the Project, (ii) fund a deposit to a reserve account or pay the premium of a surety bond to be credited to a reserve account, if necessary or desirable, and (iii) pay costs associated with the sale and issuance of the Series 2020 Bonds. 2.02. Parameters and Terms of Sale. Pursuant to Montana Code Annotated, Section 7- 15-4322, this Commission hereby determines that it is in the best interests of the City to sell the Series 2020 Bonds through a private, negotiated sale. Stifel, Nicolaus & Company, Incorporated, of Denver, Colorado (the “Underwriter”), will serve as underwriter of the Series 2020 Bonds. The Series 2020 Bonds shall be sold on terms and at a purchase price within the following limitations: (a) Underwriter’s discount shall not exceed 0.75% of the principal amount of the Series 2020 Bonds, exclusive of original issue premium or discount; (b) The aggregate principal amount of the Series 2020 Bonds shall not exceed $6,500,000; (c) The true interest cost of the Series 2020 Bonds shall not exceed 5.50% per annum; and (d) The final maturity of the Series 2020 Bonds shall not be later than 25 years after the date of issuance of the Series 2020 Bonds. All costs of issuing the Series 2020 Bonds (including, without limitation, underwriter’s discount, fees and expenses of underwriter’s counsel and bond counsel, fees of the paying agent and registrar, rating agency fees and related costs, bond insurance fees (if any), Preliminary and final Official Statement costs, Depository Trust Company fees, CUSIP costs, costs of printing the Series 2020 Bonds, and miscellaneous expenses, if any) shall be paid by the City from proceeds of the Series 2020 Bonds. The Mayor, City Manager or Interim City Manager (the “City Manager”), City Finance Director and Assistant City Manager are hereby authorized and directed to approve the principal amounts, purchase price, maturity dates, interest rates and redemption provisions of the Series 2020 Bonds and conditions pertaining to the purchase and sale of the Series 2020 Bonds, subject DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 5 to the limitations contained in this Section 2.02. Upon approving such terms, the Mayor, City Manager, City Finance Director and Assistant City Manager are hereby authorized and directed to approve, execute and deliver a bond purchase agreement (the “Bond Purchase Agreement”), containing the agreement of the City to sell, and the agreement of the Underwriter to purchase, the Series 2020 Bonds on the terms so approved, and containing such other provisions as such officers shall deem necessary or appropriate. In the event of the absence or disability of any of the Mayor, City Manager, City Finance Director or Assistant City Manager, another member or members of this Commission shall make such approvals and execute and deliver the Bond Purchase Agreement. The execution and delivery by not less than two appropriate officers of the City of the Bond Purchase Agreement shall be conclusive as to the approval of such officers of the terms of the Series 2020 Bonds and the agreement of the City to sell the Series 2020 Bonds on such terms in accordance with the provisions thereof. The form and details of the Series 2020 Bonds and the security therefor shall be prescribed by a subsequent resolution to be adopted by this Commission. Section 3 Preliminary Official Statement. The Mayor, the City Manager, the City Finance Director, the Assistant City Manager, and other officers of the City, in cooperation with the Underwriter, are hereby authorized and directed to prepare a Preliminary Official Statement to be distributed to potential purchasers of the Series 2020 Bonds. The Preliminary Official Statement shall contain such information as shall be advisable and necessary to accurately describe the City and the security for and terms and conditions of the Series 2020 Bonds. Each of the Mayor, the City Manager, the City Finance Director and the Assistant City Manager (or in the event of the absence or disability of any of the Mayor, the City Manager, the City Finance Director or the Assistant City Manager, another member of this Commission) is hereby authorized and directed on behalf of the City to approve the Preliminary Official Statement, and to deem it final as of its date in accordance with paragraph (b)(1) of Rule 15c2-12 (the “Rule”), promulgated by the Securities and Exchange Commission under the Securities and Exchange Act of 1934, and to authorize the Underwriter to distribute the Preliminary Official Statement. DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 6 Section 4 Continuing Disclosure. To permit the Underwriter and other participating underwriters in the primary offering of the Series 2020 Bonds to comply with paragraph (b)(5) of the Rule, the City will covenant and agree, for the benefit of the registered holders and beneficial owners from time to time of the outstanding Series 2020 Bonds, to provide annual reports of specified information and notice of the occurrence of certain events. DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 7 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of April, 2020. ___________________________________ CHRIS MEHL Mayor ATTEST: ___________________________________ Tanya Andreasen Acting City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E 8 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. ________, entitled: “RESOLUTION RELATING TO UP TO $6,500,000 TAX INCREMENT URBAN RENEWAL REVENUE BONDS (BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT), SERIES 2020; AUTHORIZING THE ISSUANCE AND PRIVATE NEGOTIATED SALE THEREOF” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on April 20, 2020, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 20th day of April, 2020. MICHAEL MAAS City Clerk DocuSign Envelope ID: 649B3D6C-5EFD-4EA2-A53B-D7B4B961900E