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HomeMy WebLinkAboutCity Council Resolution 1972-284 and 2851 91 EXTRACT OF MINUTES OF SPECIAL MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a special meeting of the Village Council of the Village of Plymouth, Minnesota, was duly held at the Village Council Chambers, 14900 C 23rd Avenue North, on the 15th day of August, 1972 at 8:00 o'clock p.m., Central Daylight Time. The following members were present: Mayor Hilde, Councilmen Spaeth, Hunt, Neils and Seibold; and the following members were absent: None. The Mayor announced thatthe Council would consider all bids for the purchase of $4,700,000 Improvement Bonds of 1972 as advertised for sale. The Village Manager presented affidavits showing publication of the notice of sale more than ten days in advance of sale in the Minnetonka Sun, the official newspaper of the Village, and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found to be satisfactory and ordered placed on file. The Village Manager presented the sealed bids which had been delivered to him prior to the time specified in the notice of sale and said bids were opened, examined and found to be as follows: NAME OF BIDDER INTEREST RATES Banc Northwest, 4.00% 1974-1978 Minneapolis, Minnesota, and 4.25% 1979-1980 Harris Trust and Savings Bank,4.50% 1981-1982 Chicago, Illinois 4.60% 1983 4.75% 1984 4.90% 1985 5.00% 1986-1988 Continental Illinois National 4.00% 1974-1978 Bank and Trust Co. and First 4.30% 1979-1980 National Bank of Chicago, 4.60% 1981-1982 Chicago, Illinois 4.80% 1983-1984 5.00% 1985-1986 5.10% 1987 5.25% 1988 AMOUNT OF BID $4,645,668.00 TOTAL INTEREST $2,185,657.00 AVERAGE RATE 4.8489% AMOUNT OF BID $4,665,247.50 TOTAL INTEREST $2,212,833.75 AVERAGE RATE 4.9092% Piper, Jaffray & Hopwood, Inc. 4.10% 1974-1978 Minneapolis, Minnesota and 4.309 1979-1980 John Nuveen & Co., Inc. 4.608 1981-1982 Chicago, Illinois 4.809 1983-1984 5.009 1985 5.108 1986 5.25% 1987-1988 UMIC, Inc., Memphis, Tennessee 4.00% 1974-1976 4.509 1977-1979 5.00% 1980-1982 5.10% 1983 5.208 1984 5.30% 1985 5.50% 1986-1988 AMOLNT OF BID $4,646,279.00 TOTAL INTEREST $2,249.921.00 AVERAGE RATE 4.9915% AMOUNT OF BID $4,643,600.00 TOTAL INTEREST $2,397,612.50 AVERAGE RATE 5.31918 After due consideration of said bids, Councilman Hunt introduced the following resolution and moved its adoption: RESOLUTION NO. 72-284 RESOLUTION AWARDING THE SALE OF $4,700,000 IMPROVEMENT BONDS OF 1972 BE IT RESOLVED By the Village Council of the Village of Plymouth, l Minnesota, as follows: 1. The bid of Banc Northwest of Minneapolis, Minnesota and Harris Trust and Savings Bank of Chicago, Illinois, to purchase $4,700,000 Improvement Bonds of 1972 of the village described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and hereby is accepted, said bid being to purchase bonds bearing interest as bllows: Maturing Dates 1974-1978 1979-1980 1981-1982 1983 1984 1985 1986-1988 Interest Rates 4.008 4.259 4.504 4.60$ 4.759 4.909 5.009 The Village Treasurer is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of ti bonds, and the Village Manager is directed to return the check of the unsuccessful bidder forthwith. The motion for the adoption of the foregoing resolution was seconded by Councilman Seibold and upon vote being taken thereon, the following voted in favor thereof: Mayor Hilde, Councilmen Spaeth, Hunt, Neils and Seibold; and the following voted against: None. -2- Whereupon said resolution was declared duly passed and adopted. Councilman Spaeth introduced the following resolution and moved its adoption: RESOLUTION NO. 72- 285 RESOLUTION FIXING THE FORM AND SPECIFICATIONS FOR $4,700,000 IMPROVEMENT BONDS OF 1972 DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the Village Council of the Village of Plymouth, Minnesota, as follows: 1. The village shall forthwith issue its negotiable improvement bonds in the principal amount of $4,700,000 dated August 1, 1972, said bonds being 940 in number and numbered 1 to 940, both inclusive, in the denomination of $5,000 each, bearing interest as follows: All bonds maturing after February 1, 1982 are subject to redemption and prepayment at the option of the village, in inverse numerical order, on February 1, 1982 and any interest payment date thereafter, at par plus accrued interest and a premium of $75.00 per bond. Thirty days prior notice of redemption will be given in the manner provided by law. 2. Both principal and interest shall be payable at Northwestern National Bank of Minneapolis, in the City of Minneapolis, Minnesota, and the village shall pay the reasonable charges of said bank for its services as paying agent. 3. The bonds and interest coupons shall be substantially as follows: -3- Maturing Dates Interest Rates 1974-1978 4.008 1979-1980 4.25% 1981-1982 4.508 1983 4.608 1984 4.758 1965 4.908 1986-1998 5.008 and which bonds mature on February 1 in the years and amounts ab follows: Year Amount Year Amount 1974 $325,000 1981 $400,000 1975 250,000 1982 400,000 1976 175,000 1983 400,000 1977 175,000 1984 400,000 1978 175,000 1985 400,000 1979 175,000 1986 400,000 1980 175,000 1987 425,000 1988 425,000 All bonds maturing after February 1, 1982 are subject to redemption and prepayment at the option of the village, in inverse numerical order, on February 1, 1982 and any interest payment date thereafter, at par plus accrued interest and a premium of $75.00 per bond. Thirty days prior notice of redemption will be given in the manner provided by law. 2. Both principal and interest shall be payable at Northwestern National Bank of Minneapolis, in the City of Minneapolis, Minnesota, and the village shall pay the reasonable charges of said bank for its services as paying agent. 3. The bonds and interest coupons shall be substantially as follows: -3- No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF PLYMOUTH Improvement Bonds of 1972 $5,000 KNOW ALL MEN BY THESE PRESENTS That the Village of Plymouth, Hennepin County, Minnesota, acknowledges itself to be indebted and, for value received, hereby promises to pay to bearer out of its Improvement Bonds of 1972 Fund, the sum of FIVE THOUSAND DOLLARS on the lst day of February, 1974, and to pay interest thereon at the rate of Maturing Dates 1974-1978 1979-1980 1981-1982 1983 1984 1985 1986-1988 Interest Rates 4.00% 4.258 4.508 4.608 4.758 4.908 5.008 all interest to maturity payable February 1, 1973, and semiannually thereafter on the lst day of August and the lst day of February in each year, in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest on this bond are payable at Northwestern National Bank of Minneapolis in the City of Minneapolis, Minnesota, in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. All bonds maturing after February 1, 1982 are subject to redemption and prepayment on February 1, 1982, or any interest payment date thereafter upon payment of the principal amount of each bond at par plus accrued interest and a premium of $75.00 per bond. Thirty days prior notice of redemption will be given in the manner provided by law. This bond is one of an issue of bonds in the total principal amount of $4,700,000 all of like date and tenor except as to interest rates, maturity and redemption as issued by the village for the purpose of providing money to defray the expenses incurred and to be incurred in various public improvements, pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the village and, to provide monies for the prompt and full payment of said principal and interest as the same become due, the full. faith and credit of the village is hereby irrevocably pledged and the Village Council will levy ad valorem taxes, if required for such purpose, which may be levied on all of the taxable property in the village without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions, and things required by the Constitution and Laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and -4- have been performed in regular and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the village outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Village of Plymouth, Hennepin County, Minnesota, by its village Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the Village Manager and sealed with a facsimile of the corporate seal, and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1972. (Seal) am (Form of Coupon) ON THE FIRST DAY OF FEBRUARY, 1973 the Village of Plymouth, Hennepin County, Minnesota, will pay to bearer out of its Ir%rovement Bonds of 1972 Fund at northwestern National Rank of Minneapolis in the City of Minneapolis, Minnesota, the amount shown thereon for inte:est then due on its Improvement Bonds of 1972 dated Aqgust 1, 1972. No. _ (facsimile signature) _ (facsimile signature) Village Manager Mayor 4. The Village Clerk shall obtain a copy of the proposed approving legal opinion of Messrs. Howard, LeFevere, Lefler, Hamilton and Pearson which shall be complete except as to dating thereof and shall cause said opinion to be printed on each bond, together with a certificate to be signed by her facsimile signature, in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (facsimile signature) Village Clerk 5. The bonds shall be prepared under the direction of the Village Manager and shall be executed on behalf of rhe village by the facsimile signature of the Mayor and the manual signature of -5- the Village Manager, and a facsimile of the corporate seal of the village shall be affixed to each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signa- tures of said Mayor and village Manager. The said bonds, when fully executed, shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application; thereof. 6. The bonds issued hereunder shall be payable from the Improvement Bonds of 1972 Fund, and all the proceeds of the special assessments to be levied for said improvement are hereby pledged to said fund. If any payment of principal of or interest on said bonds shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall pay such principal or interest from the general fund of the village and such fund shall be reimbursed for such advances out of the proceeds of assessments for said improvement when collected. 7. It is hereby determined that the estimated collection of special assessments for the payment of said bonds will produce at least five per cent in excess of the amount needed to meet, when due, the principal and interest payments on the bonds, and no tax levies are presently required. The Village Manager shall deliver a certified copy of this resolution to the County Auditor of Hennepin County, and obtain his certificate as required by Section 475.63, Minnesota Statutes. 8. it is hereby determined that the improvements to be financed by the issuance of bonds hereunder will benefit the entire village and the village hereby covenants with the holders from time to time of said bonds as follows: (a) The village will cause the assessments for said improvement to be promptly levied so that the first install- ment will be collectible during 1973 and will take all steps necessary to assure prompt collection. (b) The village will keep complete and accurate books and records showing all receipts and disbursements in connection with each improvement, the assessments levied therefor and other funds appropriated for their payment and all collections thereof and disbursements therefrom, moneys on hand and balance of unpaid assessments. (c) The village will cause its said books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested persons upon request. 9. The officers of the village are hereby authorized and directed to prepare and furnish to the purchaser of the bonds and to the attorneys approving the same, certified copies of proceedings and records of the village relating to said bonds and to the financial condition and affairs of the village, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge, or as shown by the books and records in their custody and under their control relating to the validity and marketabil.i:y of said bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the village as to the facts stated thereon. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hunt and upon vote being taken thereon, -6- the following voted in favor thereof: Mayor Hilde, Councilmen Spaeth, Hunt, Neils and Seibold; and the following members voted against: None; whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS_ VILLAGE OF PLYMOUTH) I, the undersigned, being the duly qualified and acting Clerk of the Village of Plymouth, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the Village Council of said village held August 15, 1972 with the original thereof on file in my office,, and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $4,700,000 Improvement Bonds of 1972 of the village. WITNESS My hand officially as such Clerk and the seal of the village this �/ day of August, 1972. (Seal) -7- Sandra L. Haugen Village Clerk Village of Plymouth, Minnesota