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86-034 RES . . . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA Pursuant to due call and notice thereof a reqular meeting of the City Council of the City of Elk River, Sherburne County, Minnesota, was held at the City Hall in said City on Monday, June 16, 1986, commencing at 7:30 p.m. The following members were present: Mayor Hinkle, Williams, Gunkel, Schuldt & Engstrom and the following were absent: None The following resolution was presented by Councilmember ~~r11l1 (H- who moved its adoption: RESOLUTION NO. 86-34 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,975,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986A BE IT RESOLVED by the City Council of the City of Elk River, Sherburne County, Minnesota (City) as follows: Section 1. Findinqs: Costs. 1.01 The authorization and construction of four improvement projects are contemplated. The four projects are known as the Simonet Drive Improvement Project, the School Street Improvement Project, the Ridgewood-Knollwood Street Improvement project, and the Deerfield Third Addition Improvement project. Springsted, Incorporated (Springsted), fiscal consultants to the City, have recommended that the City . . . issue its general obligation improvement bonds to finance the four improvement projects. 1.02 Springsted has recommended that the sale of improvement bonds in the aggregate principal amount of One Million Nine Hundred Seventy-five Thousand Dollars ($1,975,000) be authorized. Springsted has further recommended that a rating with respect to the bonds be sought from Moody's Investment Services, Inc. (Moody's). 1.03 It is necessary and desirable to the sound financial management of the City that the City issue and sell its General Obligation Improvement Bonds, Series 1986A (the Bonds) to finance the costs of the four improvement projects. Section 2. Sale of Bonds. 2.01 The City shall issue and sell the Bonds, pursuant to Chapter 429 and 475 of the Minnesota Statutes. The authorized principal amount of the Bands shall be One Million Nine Hundred Seventy-five Thousand Dollars ($1,975,000). The Mayor or the City Administrator, and either of them, are hereby authorized to make application to Moody's for a rating with respect to the Bonds. The Bonds shall be issued and sold in accordance with the terms of the Official Terms of Offering, a copy of which, marked Exhibit A, is attached hereto and made a part hereof. 2.02 The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with such Official Terms of Offering and to cause an abbreviated notice of sale in the form of Exhibit B, attached hereto and made a part hereof, to be published in the manner required by law. The City Council shall meet on Monday, July 21, 1986, at 7:30 p.m., for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Gunkel and upon vote being taken thereon, the following voted in favor of the motion: All members and the following was voted against: None whereupon said'resolution was declared duly passed and adopted. .t;2\..tLLbrr A OFFICIAL TERMS OF OFFERING . $1,975,000 CITY OF ELK RIVER, MINNESOTA GEf\ERAL OBUGA TION IMPROVEMENT BONDS, SERIES 1986A Sealed bids for the Bonds will be opened by the City Administrator or his designee on Monday, July 21, 1986, at II :00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated August I, 1986 as the date of original issue, and will bear interest payable on February I and August I of each year, commencing February I, 1987. Interest wi II be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in integral multiples of $5,000 of a single maturity, as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $ 70,000 $165,000 1988 1989 $140,000 $135,000 1990-1995 1996-1997 $110,000 1998-2001 $105,000 2002 $85,000 2003 . In the event that pursuant to federal laws and regulations the City is required to use unexpended Bond proceeds for early redemption of Bonds in order to continue exemption of the Bonds from federal taxation, the City shall use such unexpended Bond proceeds to redeem Bonds on any date after notice is given pursuant to law. Those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid will be chosen by lot by the Registrar. All such prepayments shall be at a price of 102% plus accrued interest. MANDA TORY REDEMPTION OPTIONAL REDEMPTION The City may elect on February I, 1995, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1996. Redempt ion may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments levied against benefited properties. The proceeds will be used to finance various local improvements with the City. . TYPE OF BID A sealed bid for not less than $1,939,450 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $19,750 payable to the .rder of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of I %. No rate for any maturity shall be more than I % lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (j) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (jj) reject all bids without cause, and, (jii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR .he City will name the Registrar which shall be subject to applicable SEC regulations. The City will ay for the services of the Registrar. CUSlP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSlP Service Bureau charge for the assignment of CUSlP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. A single typewritten Bond for each maturity may be provided at settlement, which Bonds will be exchanged for printed Bonds within said 40-day period. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Larkin, Hoffman, Daly & Lindgren, Ltd. of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shaIl be received at the offices of the City, or its designee, not later than I :00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. .t settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the ity, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT .Underwriters may obtain a cOQY of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Statement. Dated June 16, 1986 /s/ Pat Klaers Administrator BY ORDER OF THE CITY COUNCil . . . . EXHIBIT B NOTICE OF SALE $1,975,000 General Obligation Bonds, Series 1986A City of Elk River Sherburne County, Minnesota Sealed bids for these bonds will be opened by the City Administrator, or his designee, on Monday, July 21, 1986, at 11:00 a.m., at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota, for consider- ation and award by the City Council at 7:30 p.m. at the City Hall in Elk River, Minnesota. Dated August 1, 1986, the bonds will mature on February 1 in the years and amounts as follows: Year Amount 1988 1989 1990 - 1995 1996 - 1997 1998 - 2001 2002 2003 $ 70,000 165,060 140,000 135,000 110,000 105,000 85,000 Bonds maturing on or after February 1, 1996, are subject to prior redemption on February 1, 1995 and any interest payment date thereafter, at par plus accrued interest. Interest will be payable on February 1, 1987, and semiannually thereafter. Minimum price, One Million Nine Hundred Thirty-nine Thousand Four Hundred Fifty Dollars ($1,939,450) plus accrued interest. Bids shall specify interest rates for each maturity and a net average interest rate of the issue not exceeding the maximum permitted by law on the day of sale. An approving legal opinion will be furnished by Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, Minnesota. The purpose of the Bonds is to provide financing for four improvement projects. The Official Terms of Offering to be published in the Official Statement for the offering may contain additional bidding terms and information relative to the issue. In the event of a variance between the statements in this notice and the Official Terms of Offering, the provisions of the latter shall govern. BY ORDER OF THE CITY COUNCIL Pat Klaers Administrator Dated: June 16, 1986 . SBS:BAl . . . STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) ss CITY OF ELK RIVER ) I, the undersigned, being the duly qualified and acting Administrator of the City of Elk River, Minnesota, do hereby certify that I have carefully compared the attached and fore- going extract of minutes of a regular meeting of the City Council of said City held on Monday, June 16, 1986, with the original thereof. on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $1,975,000 General Obligation Improvement Bonds, Series 1986A of the City. WITNESS my hand as such Administrator and the corporate seal of the City this ~~~ay of June, 1986. ~~C,/fJ? Jaz~-. City Administrator City of Elk River, Minnesota