Loading...
HomeMy WebLinkAboutCity Council Resolution 1978-780Resolution No. '78- 780 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,,450,000 GENERAL OBLIGATION WATER AND SERER REVENUE BONDS OF 1978 FOR THE PURPOSE OF PROVIDING MONEY TO IMPROVE THE WATER AND SEWER SYSTEM OF THE CITY WHEREAS, the City of Plymouth owns and operates a water distribution system and sewer system, and WHEREAS, the City Engineer has recommended improvements and extensions (the "Improvements") of the water and sewer systems as follows: Project Designation & Description Estimated Cost 808 - Public Utilities Building $ 475,000 810 - Zachary Lane -,water 204,690 812 - Well No. 5 214,700 902 - Northwest interceptor -sewer 530,972 $1,425,362 WHEREAS, it is determined that it is necessary and desirable to make the Improvements, and WHEREAS, the construction of Project No. 808, the Public Utilities Building, is essential to the efficient and economical operation of the water and sewer system of the city and said building will be used primarily in the operation of the systems and only incidentally for other purposes, and WHEREAS, it is necessary that the City borrow $1,425,362 to provide bonds for the construction of the Improvements and engineering, fiscal and legal expenses related thereto and to provide interest during construction, and WHEREAS, it is necessary to provide the required amount by the issuance and sale of bonds payable out of water and sewer revenues, and WHEREAS, the City is authorized under the provisions of Minnesota Statutes, Section 444.075, to issue revenue bonds for such purpose, with such bonds also supported by a pledge of the full faith and credit of the city and such bonds can be sold to provide necessary funds: • NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Plymouth, Minnesota, as follows: 1. It is hereby determined that it is necessary and expedient to finance the Improvements by the issuance of General Obligation Water and Sewer Revenue Bonds (the "Bonds") as authorized by Minnesota Statutes, Section 444.075. It is further determined that the amount of $1,425,362 should be supplemented by the issuance of additional bonds as authorized by Minnesota Statutes, Section 475.56 and that the City shall sell and issue $1,450,000 of bonds, $24,638 of said bonds being considered as additional interest. The resolution awarding the sale of the Bonds shall contain a statement that all funds received in excess of $1,425,362 shall be credited to the sinking fund for the payment of interest first coming due.on the Bonds. 2. The City shall issue and sell its General Obligation Water and Sewer Revenue Bonds in the aggregate principal amount of $1,450,000, dated December 1, 1978, bearing interest rate or rates hereafter determined at public sale payable September 1, 1979 and semiannually thereafter on March 1 and September 1 in each year, in the denomination of $5,000 each and maturing serially on March 1 in the years and amounts as follows: Year Amount 1981 $ 50,000 1982 75,000 1983 75,000 1934 100,000 1985 100,000 1986 125,000 1987 125,000 1988 150,000 1989 150,000 1990 150,000 1991 75,000 1992 75,000 1993 75,000 1994 75,000 1995 50,000 All Bonds maturing after March 1, 1990, will be subject to redemption at the option of the City on sai' date and any interest payment date thereafter in inverse numerical order, at par plus accrued interest to date of redemption. 3. Both principal and interest shall be payable at a suitable bank designated by the purchaser and the City shall pay the rehsonable charges of such bank for its services as paying agent. 4. The Bonds and the interest coupons to be thereto attached, shall be in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESOTA. COUNTY OF HENNEPIN CITY OF PLY14OUTH GENERAL OBLIGATION WATER AND SEWER REVENUE BOND OF 1978 KNOW ALL MEN BY THESE PRESENTS That the City of Plymouth, Hennepin County, Minnesota, hereby acknowledges that it is obligated and, for value received, promises to pay to bearer out of itn General Obligation Water and Sewer -Revenue Bonds of 1978 Sinking Fuad the sum of FIVE THOUSAND DOLLARS, on the 1st day of March, 19 , and to pay interest thereon out of said fund from the date hereof until the principal sum is paid at the rate of interest to maturity payable September 1, 1979 and semiannually thereafter on the 1st day of March and the lst day of September 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 are payable at in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing after March 1, 1990, are subject to redemption, at the option of the City on said date and any interest payment date thereafter, in inverse numerical order, at par and acdrued interest to date of redemption. This bond is one of an issue in the total principal amount of$1,450,000, all of like date and tenor except as to serial number, maturity, interest rate and provision for redemption, which bonds have been issued for the purpose of providing money to aid in financing water and sewer system improvements, or parts thereof, as authorized by Minnesota Statutes, Section 444.075, and the principal thereof and interest thereon are payable primarily from the net revenues of the water and sewer system of the City in a special sinking fund of the City as set forth in Resolution 78-780 adopted November 20,.1978 entitled, "Resolution Providing for the Issuance and Sale of $1,450,000 General Obligation water and Sewer Revenue Bonds of 1978 for the Purpose of Providing Money to Improve the Water and Sewer System of the City," to which reference is made for a full statement of rights and powers hereby conferred. The full faith and credit of the City is pledged for its payment and the City Council has obligated itself to levy taxes on all of the taxable property in the City in the event of any deficiency, which taxes may levied without limitation as to rate or amount. . IT IS HEREBY CERTIFIED AND RECITED That in and by the authorizing resolution, the City has covenanted and agreed that it will continue to own and operate the water and sewer system free from competition by other like utilities; that adequate insurance on' said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water and Sewer Utility Fund, into which it will pay all of the gross revenues from the water and sewer system and any special assessments levied for these improvements; that it will also create and maintain a General Obligation Water and Sewer Revenue Bonds of 1978 Sinking Fund, into which it will pay, out of the net revenues from the water and sewer system, a sum sufficient to pay principal hereof and interest hereon when due, and that it will provide, by ad valorem tax levies, for any deficiency.in net water and sewer revenues. IT IS FURTHER 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 have been performed in due form, time and manner as required by law, and that this Bond, together with all other indebtedness of the City outstanding on the date hereof and the date of its actual issuance -Ind delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the City of Plymouth, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the City Manager and a facsimile of the corporate seal 'of the City to be hereto affixed, and has caused the interest coupons hereto attached to be executed and authenticated by the facsimile .signatures of said officers, all as of December 1, 1978. City Manager (Facsimile City Seal) (facsimile signature) Mayor (Form of Coupon) On the lst day of September (March), 19 , the City of Plymouth, Hennepin County, Minnesota, will pay to bearer, out of its General Obligation Water and Sewer Revenue Bonds of 1978 Sinking Fund, at the amount shown hereon for interest then due on its General Obligation Water and Sewer Revenue Bond of 1978, dated December 1, 1978. (facsimile signature) Mayor (facsimile signature) City Manager 5. The City Clerk shall obtain a copy of the proposed approving legal opinion of Messrs. LeFevere, Lefler, Pearson, O'Brien & Drawz of Minneapolis, Minnesota, 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 the facsimile signature of the Clerk 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) City Clerk City of -Plymouth, Minnesota TLe Clergy: is hereby authorized and directed to execute such certificate in the name of the City, upon receipt of such opinion and to file the opinion in the City offices. 6. The Bonds shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Manager, and the interest coupons shall be executed and authenticated by the printed .facsimile signatures of the Mayor and City Manager, and the facsimile of the corporate seal of the City may, but need not be, printed thereon; provided, however, that the signatures of both the Mayor and City Manager may be facsimile signatures, duly authenticated by the manual signature of an officer of the Bank of hereby designated authenticating agent pursuant to Minnesota Statutes, Section 475.55, Subdivision 1, and, if the bonds are to be so executed and authenticated, the bond form set forth in paragraph 4 hereof shall be modified as follows: 0 W ` W a) Substitute the following parag_aph for the final paragraph of the bond: "IN WITNESS WHEREOF, the City :.` FlY."loui a., liennepin County, Minnesota, by its City Counc;j., j)i,: caused this bond to be executed by the facei.oi.le _�Agnatures of its Mayor and City Manager (anA •a i_l ,.,A tarsimile Of the corporate seal of the city imprif.ted thereon) And the interest coupons hereto attached to br• executed and authenticated by the facsimile signatures of said officers, except for the manual signature -of its duly authorized Authenticating Agent on the reverse side of this bond, all as of December 1, 197"'.11 b) Add the following on the reverse side o::.the bond: "This Bond is one of the Bonds of the stxies designated herein issued pursuant, to the Xesolutioil authorizing its issuance and delivery." Bank o As Authenticating Agent By Its Authorized Officer The Bonds when fully executed, shall be delivered by the City Finance Director-Tr,.easurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obliga`.:ed to see to the proper application thereof. 7. The City shall establish and continue to operate its Water and Sewer Utility Fund to which shall be credited all gross revenues of the water and sewer system and out of which shall be paid all normal and reasonable expenses of current operations of the water and sewer system. Any balance therein shall' be deemed net revenues and shall be transferred, from time to time,, to a General C;bligation Water Revenue Bonds of 1978 Sinking Fund hereby created, which fund shall be used to pay principal and interest on tl.,a Bonds and any other bonds similarly authorized. There shall always he retained in such fund a sufficient amount to pay principal of and interest on all bonds payable from said fund, and the City Finance Director -Treasurer shall report any current or anticipated deficiency in such fund to the Council. 8. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the municipal water and sewer system as a public utility and convenience and will cause all revenues therefrom to be deposited in a bank account and credited to the Vater and Sewer Utility Fund as hereinabove provided, and will make no expenditures from said account except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain a separate account for the General Obligation Water and Sewer Revenue Bonds of 1978 Sinking Fund -and will cause money to be credited to said account, from time tr, time, out of net revenues from the water and sewer system, -in sums sufficient to pay principal of and interest on the Bonds. (c) The City will keep and maintain proper and adequate books of record and account separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water and sewer system and which shall be open to inspection and copying by any bondholder, his agent cr attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said accounts shall be audited at least annually by a qualified public accountant and statements of such audit and.report will be furnished to all bondholders upon request. (d) The City will cause all persons handling revenues of the water and sewer system to be bonded'in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water and sewer system to be deposited in a bank or banks whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The City will keep the water and sewer system insured at all times against loss by fire, tornado and other risks customarily insured against, with an insurer or insurers in good si,anding, in such amounts as are customary for like plants, to protect the holders, from time to time, of the bonds issued hereunder and the City from any loss due to any such casualty and will.apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water and sewer plant and the system as required by the laws of the State of Minnesota. MW MW (g) The City will impose and collect charges of the.hature authorized by Minnesota Statutes, Section 444.075, at the times and in the amounts required to produce, together with any taxes or special assessments for the Improvements which are hereby designated as a source of payment of the Bonds, net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in the authorizing resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 9. The Bonds shall be issued and sold together with and not separately from the General Obligation Improvement Bonds of the City authorized by Resolution 78-779 of this date and in accordance with the terms and conditions of the official notice of sale attached to said Resolution 78-780 as Exhibit A. The City Clerk is authorized and directed to cause to be published the abbreviated notice of sale attached to said Resolution 78-780 as Exhibit B in the manner required by law. The City Council shall meet on November 20, 1978, at 7:30 o'clock p.m. for the purpose of considering sealed bids on the Bonds and taking any otL.er appropriate action. 10. The City officers are hereby authorized and directed to furnish to the purchaser of the Bonds and to the attorneys examining the proceedings and furnishing a legal opinion to the purchaser, certified copies of all ordinances, resolutions and records of the City relating to the Bonds or to the right, power and authority of the City, by its council, to- issue the same, and such certified copies or certificates shall be deemed representations of the City as to all facts stated therein. 11. All the terms and conditions of this resolution shall be and constitute a covenant on the part of the City to and with each and every holder from time to time of the Bonds issued hereunder. 12. The Mayor, City Manager and Finance Director -Treasurer are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representaticns made therein as of the date of said official statement or prospectus as it relates to the City. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Neils , and upon vote I m being taken thereonl,the following voted in favor thereof: Mayor Hunt, Councilmembers Hoyt, Neils, Seibold 2nd Spaeth and the following voted in opposition thereto: None. whereupon said resolution was declared duly passed and adopted. 1W 14W Exhibit A OFFICIAL NOTICE OF SALE $8,250,000 General Obligation Bonds consisting of $6,800,000 General Obligation Improvement Bonds of 1978 $1,450,000 General Obligation Water and Sewer Revenue Bonds of 1978 City of Plymouth Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Plymouth, Minnesota, will meet at the City Hall, 14900 C 23rd Alrenue North, in the City of Plymouth, on Monday, December 18, 1978, at 7:30 o'clock p.m., C.T., to receive, -open and consider bids for the purchase of $8,250,000 negotiable coupon, general obligation bonds of the City on the following terms: Purpose and Security The purpose of the Improvement Bonds is to provide funds for the financing of various assessable public improvements in the City. The purpose of the Water and Sewer Revenue Bonds is to provide funds for the construction of various improvements to the water and sewer system of the City. The bonds of both issues are hereinafter collectivel_• referred to as "the Bonds". The Bonds will be general obligations of the issuer, for which its full faith, credit and taxing powers are pledged. The Improver-�nt Bonds are further secured by special assessments against bei efitted property; the Water and Sewer Revenu% Bonds are further secured by a pledge of the net revenues of '` water and sewer system of the City. Date and Maturities The Bonds will be dated December 1, 1978, will be in the denomination of $5,000 each, and will mature on March 1 in the following years and amounts: Improvement Bonds Water & Sewer Revenue Bonds Year Amount Amount Total 1981 $460,000 $ 50,000 $510,000 1982 460,000 75,000 535,000 1983 480,000 75,000 555,000 1984 500,000 100,000 600,000 1985 500,000 100,000 600,000 1986 500,000 125,000 625,000 1987 500,000 125,000 625,000 1988 500,000 150,000 650,000 1989 500,000 150,000 650,000 1990 500,000 150,000 650,000 Improvement Bonds Year Amount 1991 $400,000 1992 400,000 1993 400,000 1994 400,000 19.95 300,000 $6,800,000 LJ Water & Sewer Revenue Bonds Amount Total $ 75,000 $475,000 75,000 475,000 75,000 .475,000 75,000 475,000 _ 50,000 350.000 $1,450,000 $8,250,000 Redemption Feature All Bonds of both issues maturing after March 1, 1990 will be subject to prior redemption at the option of the City in inverse order of serial numbers on said date and any interest payment date thereafter at a price of par plus accrued interest to date of redemption. Interest Interest on the bonds will be payable September 1, 1979, and semiannually thereafter on each March 1 and September 1. All Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. No limit on the number of interest rates that may be specified for the issues. Each rate must be in an integral multiple of 5/100 of 1%, and no rate of interest nor the net effective average rate of the issues may exceed 7% per annum. No •supplemental or "B" coupons will• be permitted. Paying Agent Principal and interest will be made payable at any suitable bank in the United States designated by the successful bidder and approved by the City within 48 hours after award of sale, and the City will pay reasonable and customary paying agency charges. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at his option, will depo.it with a bank in the United States selected by him and approved by the City as its agent to permit examination by ani to deliver to the purchaser, ;the printed and executed Bonds, the unqualified opinion thereon of "bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the deli,.rery agent must be pzid by the purchaser, but all other costs will. be paid by the City. The purchase. price must be paid upon delivery of the Bonds, or within five days after deposit with the delivery agent, in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the Bonds will be furnished by Messrs. LeFevere, Lefler, Pearson, O'Brien & Drawz of Minneapolis, Minnesota. The legal opinion will be printed on the Bonds at the request of the purchaser. The legal opinion will state that the Bonds are valid and binding general obligations of the City, and that the City is obligated and required to levy ~taxes for the principal and interest thereon as -the same become due without limit as to rate or amount. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of said meeting. The Bonds of the two issues will not be sold separately and bids must be for all Bonds of both issues. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $165,000, payable to the City Finance Director, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $8,250,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $8,108,027 for principal plus accrued interest on all of the Bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Loretta Garrity City Clerk Dated: November 20,. 1978 Exhibit B NOTICE OF SALE $8,250,000 General Obligation Bonds consisting of $6,800,000 General Obligation Improvement Bonds of 1978 $1,450,000 General Obligation Water and Sewer Reverne Bonds of 1978 City of Plymouth Hennepin County, Minnesota These bonds will be offered on Monday, December 18, 1978, at 7:30 o'clock p.m., C.T., at the City Hall, 14900 C 23rd Avenue North, in Plymouth, Minnesota. Dated December 1, 1978, the bonds will mature on March 1 in the years and amounts as follows: The Bonds of the two issues will not be sold separately, and bids must be for all of the bonds of both issues. All Bonds of both issues maturing after March 1, 1990 will be subject to prior redemption at the option of the City in inverse order of serial numbers on said date and any interest payment date thereafter at a price of par plus accrued interest to date of redemption. Interest will be payable September 1, 1979, and semiannually thereafter. Each rate must be in 4n integral multiple of 5/100 of 1% and no rate may exceed 7% per annum. Minimum price, $8,108,027. -An unqualified legal opinion will be furnished by Mepsrs. LeFevere, Lefler, Pearson, O'Brien & Drawz of Minneapolis, Minnesota. The purpose of the Improvement Bonds is to finance various assessable public improvements in the City; the purpose of the Water and Sewer Revenue Bonds is to finance construction of various improvement-` Improvement Bonds Water & Sewer Revenue Bonds Year Amount Amount Total- otal1981 1981 $460,000 $ 50,000 $510,000 1982 460,000 75,000 535,000 1983 480,000 75,000 555,000 1984 500,000 100,000 600,000 1985 500,000 100,000 600,000 1986 500,000 125,000 625,000 1987 500,000 125,000 625,000- 1988 500,000 150,000 650,000 1989 500,000 150,000 650,000 1990 500,000 150,000 650,000 1991 400,000 75,000 475,000 1992 400,000 75,000 475,000 1993 400,000 75,000 475,000 1994 400,000 75,000 475,000 1995 300,000 50,000 350,000 $6,800,000 $1,450,000 $8,250,000 The Bonds of the two issues will not be sold separately, and bids must be for all of the bonds of both issues. All Bonds of both issues maturing after March 1, 1990 will be subject to prior redemption at the option of the City in inverse order of serial numbers on said date and any interest payment date thereafter at a price of par plus accrued interest to date of redemption. Interest will be payable September 1, 1979, and semiannually thereafter. Each rate must be in 4n integral multiple of 5/100 of 1% and no rate may exceed 7% per annum. Minimum price, $8,108,027. -An unqualified legal opinion will be furnished by Mepsrs. LeFevere, Lefler, Pearson, O'Brien & Drawz of Minneapolis, Minnesota. The purpose of the Improvement Bonds is to finance various assessable public improvements in the City; the purpose of the Water and Sewer Revenue Bonds is to finance construction of various improvement-` to the water and sewer system of the City. Bpi ORDER OF THE CITY COUNCIL /s/ Loretta Garrity City Clerk Dated: November 20, 1978 Further information may be obtained from and bids may be delivered to: Ehlers and Associates, Inc., Financial Consultants to the City of 'clymouth, First National -Soo Line Concourse, 507 Marquette Avenue, Minneapolis, Minnesota 55402. Telephone (612) 339-8291. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Minnesota, do'hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on November 20, 1978, 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 authorization of the issuance and sale of $8,250,000 General Obligation Improvement and Water and Sewer Revenue Bonds of 1978 of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City tits 21st day of November , 1978. (SEAL) City Clerk City of Plymouth, Minnesota m