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HomeMy WebLinkAboutCity Council Resolution 1982-358s Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota, was held at the City Hall in said City on Monday, July 19, 1982, commencing at 7:30 o'clock P.M., C.T. The following members were present: Mayor Davenport, Councilmembers Moen, Neils, Schneider and Threinen and the following were absent: none 7 The following resolution was presented by Councilmember Councilmember Schneiderwho moved its adoption: RESOLUTION NO. 82-358 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,350,000 GENERAL OBLIGATION BONDS of 1982 consisting of $1,825,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 AND $525,000 GENERAL OBLIGATION WATER REVENUE BONDS OF 1982. BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota as follows: I. $2,350,000 General Obligation Bonds of 1982. 1. It is hereby determined: (a) That the following assessable public improvements (the "Improvements") have been made, duly ordered or con- < Y rar.,c Rei No' 82 -358 N 123 201 202 204 206 208 211 tracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: Project Description Number Pilgrim Lane - 26th Ave. no Nathan Lane 117 Fox Forest Addn./18th 122 123 201 202 204 206 208 211 tracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: Total $1,789,235 Plus: Allowance for Discount Bidding 35,765 Bond Issue $1,825,000 (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $1,825,000 General Obligation Improvement Bonds of 1982, (the "Improvement Bonds") to provide financing for the improvements. 2. It is hereby determined and recited: (a) That the City of Plymouth owns and operates a municipal water system; and (b) That the City Engineer*has recommended improvements and extensions of the water system (the "Water Project") as follows: Project GO Water Number Description Revenue 209 DNR Trailhead Water Main $ 63,932 210 Well No. 7 450,778 Total $514,710 Plus: Allowance for Discount Bidding 10,290 Bond Issue $525,000 (c) That the Council determines that it is necessary to construct the foregoing Water Project; Improvement Description Bonds Pilgrim Lane - 26th Ave. no Nathan Lane $ 101,147 Fox Forest Addn./18th 528,046 Pond BC -P11 (Northwest Bus. Comp.) 108,651 Brockpahler Addn. 104,649 West Ridge 4th Addn. 149,169 Glacier N. - 27th Ave. to 28th Place 111,552 Nathan La. - 4th Ave. to Hamel Road 263,123 34th Ave. Water Hain 135,263 Oxbow Ridge Addn. 287.635 Total $1,789,235 Plus: Allowance for Discount Bidding 35,765 Bond Issue $1,825,000 (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $1,825,000 General Obligation Improvement Bonds of 1982, (the "Improvement Bonds") to provide financing for the improvements. 2. It is hereby determined and recited: (a) That the City of Plymouth owns and operates a municipal water system; and (b) That the City Engineer*has recommended improvements and extensions of the water system (the "Water Project") as follows: Project GO Water Number Description Revenue 209 DNR Trailhead Water Main $ 63,932 210 Well No. 7 450,778 Total $514,710 Plus: Allowance for Discount Bidding 10,290 Bond Issue $525,000 (c) That the Council determines that it is necessary to construct the foregoing Water Project; _RWA6_12 158 ............. (d) y That �it is that the.. City -borrow, $525,000 to for construction,: in provideand legal engineering, fiscal and re expenses a , to provide interest during construction, (e) That it is necessary. to prhe ovide the amount by Z;, the issuance and sale of $525,000 General Obligation Water Itivetnxe Bonds of 1982 (.the "Water Revenue 'EGudill) to be payable from the: utility trunk fund revenue to the water utility fund; and (f) That 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. 3. In order to provide financing for the Improvements and the Water, rroject, the City shall therefore issue and sell Bonds in the of $2,303,945. amount In order to provide in part the additional interest required to market the Bonds at this time additional Bonds Jr shall be issued in the amount of $46,055. Any excess of the -purchase. , price 0f the Bonds over the sum of $2-,303,.945 shall, be credited as determined by, the. City's fiscal consultants, Ehlers and Associates,', Inc to the debt service funds for 'the -d respective Ron s for the urpose. of paying interest first coming due on the Bonds. The Bonds hall be issued and,sold.in accordance with the terms of the following Official Notice of Sale: Y. OFFICIAL Improvement NOTICE OF SALE K Year $2,350,000 General,Oblgation Bonds of 1982 Reven:i,n Bonds consisting of x $1,825,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 $100,000 AND _ $125,000 $525,000 GENERAL OBLIGATION WATER REVENUE BONDS OF 1982. 1985 City of Plymouth 25,000 Hennepin County, Minnesota NOTICE IS HEREBY GIVEN, that sealed bids for the purchase of 225,000 the above Bonds will be received in the office of the City Manager, 250,000 City Hall, Plymouth, until 6:30 p.■. on Monday, August 16, 1982 at 1987 which time the bids will be opened andtabulatedfor presentation to 50,000 the City; Council far. consideration at its, regular meeting at 7:30 p.m. an the same day. The Bonds consist of $1,825,000 General Obligation 225,000 Improvement Bonds of 1982 (the "Improvement Bonds") and $525,000 `' General Obligation Water Revenue Bonds (the "Water Revenue Bonds"). 1989 The"Bonds are offered on the following terms: 50,000 250,000 Puraose and.;$ecurity 175,000 75,+000 250,000 The purpose of the I aprovemeat Bonds is to finance various assess- may, able public improvements in the City and the purpose of the Water 75,000 Revenue Bonds is to finance various improvements to the City's water 3. system. The Bonds will be general obligations of the issuer, for 150,000 which its full faith, credit and taxing powers are pledged. 225,000 rt Ur Date and Maturities The Bonds will be dated September 1, 1982, will be in denomina- tion of $5,000 each and will mature on March i in the following years i_ and asounts• $1,825,000 $525,000 $2,350,000 T, s y,� .s t � Improvement Wator K Year Bonds Reven:i,n Bonds Combined 1984 $100,000 $25,000 $125,000 1985 225000 25,000 250,000 1986 225,000 25,000 250,000 1987 225,000 50,000 275,000 1988 225,000 50,000 275,000 F; 1989 260F000 50,000 250,000 1990 175,000 75,+000 250,000 1991 150,000 75,000 225,000 ,f 1992 150,000 75,000 225,000 rt 1993 150,000 75,000 225.000 $1,825,000 $525,000 $2,350,000 T, s y,� .s t � - 358 Redemption Feature All Bonds will be issued without right of prior redemption. Interest Interest on the Bonds will be payable on March 1, 1983, and semiannually thereafter on each March 1 and September I. 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. 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 issue may exceed the maximum rate permitted by law on the date of sale. Paying Agent Principal and interest will be made payable at any suitable bank recommended by the purchaser and approved by the Council, and the City will pay the customary charges for this service provided that such recommendation is received within 48 hours after the sale and the Council will select the paying agent if the recommendation is not approved. 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 deposit with a bank in the United States selected by him and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed Bonds, and 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 delivery agent must be paid 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 LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion, of Minneapolis, Minnesota. The legal opinion will be printed on the Bonds at the request of the purchaser. The legal opinion will n.,., 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. Each bid must be unconditional and must be accompanied by a cashier's or certified check or hank draft in the amount of $47,000, payable to the City Clerk, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid author- izing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $2,350,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,303,945 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 infor- mality in any bid. BY ORDER OF THE CITY COUNCIL Js/ Laurie Houk City Clerk Dated: July 19, 1982. J. 0 82 358 4. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing notice of sale and to cause the abbreviated notice of sale attached hereto as Exhibit "A" to be published in the manner required by law, The City Council shall meet on Monday, August 16, 1982, at 7:30 o'clock p.m., C.T., for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. II. $525,000 General Obligation Water Revenue Bonds of 1982. 1. The Water Revenue Bonds to be issued hereunder, and the interest coupons to be thereto attached, shall be in substantially the following form: No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION WATER REVENUE BOND OF 1982 $5,000 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 without option of prior redemption out of its General Obligation Water Revenue Bond Sinking Fund 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 and hundredths percent (_%) per annum, interest to maturity payable March 1, 1983, and semiannually thereafter on the 1st day of March and the 1st 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 Bank of , in the City of Minnesota, 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. This Bond is one of an issue in the total principal amount of $525,000 all of like date and tenor except as to serial number, maturity and interest rate, all issued for the purpose of providing money to aid in financing water system improvements, or parts thereof, as authorized by Minnesota Statutes, Section 444.075, and the princi- pal thereof and interest thereon are payable primarily from the net revenues of the water system of the City in a special sinking fund of the City, as set forth in Resolution 82- (the "Authorizing Reso- lution"), adopted by the City Council on July 19, 1982, and providing for the issuance and sale of $525,000 General Obligation Water Revenue ra�u ,o Bonds of 1982, to which Resolution reference is made for a full statement of rights and powers hereby conferred. The full faith and credit of the City is pledged; for the payment of the principal of and interest on the bonds, and the City Council has obligated itself to levy ad valorem taxes on all of the taxable property in the City in the event of any deficiency, which taxes may be levied without limita- tion 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 system free from competition by other like utilities; that adequate insurance on said 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 Utility Fund,_ into which it will pay all of the gross revenues from the water system and any special assessments leviedforthese improvements; that it will also create and maintain a General Obligation Water Revenue Bond Sinking Fund, into which it will pay, out of the net revenues from the water system, a suet 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 revenues. IT IS FUTHER 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. 0' IN WITNESS WHEREOF, the City of Plymouth, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signatures of the Mayor and City Manager and sealed with a facsimile of the corporate seal of the City and the interest coupons hereto attached to be 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 September 1, 1982. (facsimile signature) Mayor (facsimile signature) City Manager (facsimile city seal) On the 1st day of March (September), 19 the City of Plymouth, Hennepin County, Minnesota, will pay to bearer, out of its General Obligation Water Revenue Bond Sinking Fund at Bank of , in the City of Minnesota, the amount shown hereon for interest then due on its General Obligation Water Revenue Bond of 1982, dated September 1, 1982. (facsimile signature) Mayor (facsimile signature) City Manager 2. The City shall continue to operate its Water Utility Fund to which shall be credited all gross revenues of the water system and out of which shall be paid all normal and reasonable expenses of current operations of the water system. Any balance therein shall be deemed net revenues and shall be transferred, from time to time, in suffi- cient amounts, to a General Obligation Water Revenue Bond Sinking Fund hereby credited, which fund shall be used to pay the Water Revenue Bonds issued hereunder and any other bonds similarly authorized. There shall always be retained in such fund an amount sufficient to pay principal of and interest on all bonds payable from said fund, and the City Finance Director shall report any current or anticipated deficiency in sdch fund to the Council. 3. The City Council covenants and agrees with the holders of the Water Revenue Bonds issued hereunder that so long as any of said 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 system as a public utility and convenience and will cause all revenues therefrom to be deposited in a bank account and credited to the Water 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 Revenue Bond Sinking Fund and will cause money to be credited to said account, from time to time, out of net revenues from the water WV Res No 82 - 358 (Form of Coupon) No. $ On the 1st day of March (September), 19 the City of Plymouth, Hennepin County, Minnesota, will pay to bearer, out of its General Obligation Water Revenue Bond Sinking Fund at Bank of , in the City of Minnesota, the amount shown hereon for interest then due on its General Obligation Water Revenue Bond of 1982, dated September 1, 1982. (facsimile signature) Mayor (facsimile signature) City Manager 2. The City shall continue to operate its Water Utility Fund to which shall be credited all gross revenues of the water system and out of which shall be paid all normal and reasonable expenses of current operations of the water system. Any balance therein shall be deemed net revenues and shall be transferred, from time to time, in suffi- cient amounts, to a General Obligation Water Revenue Bond Sinking Fund hereby credited, which fund shall be used to pay the Water Revenue Bonds issued hereunder and any other bonds similarly authorized. There shall always be retained in such fund an amount sufficient to pay principal of and interest on all bonds payable from said fund, and the City Finance Director shall report any current or anticipated deficiency in sdch fund to the Council. 3. The City Council covenants and agrees with the holders of the Water Revenue Bonds issued hereunder that so long as any of said 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 system as a public utility and convenience and will cause all revenues therefrom to be deposited in a bank account and credited to the Water 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 Revenue Bond Sinking Fund and will cause money to be credited to said account, from time to time, out of net revenues from the water (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 an correct entries as to all transactions relating to the water system and which shall be open to inspection and copying by any bondholder, his agent or 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 oualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause all persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the bond- holders and will cause the funds collected on account of the operations of the water system to be deposited in a bank or banks whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the water system insured at all times against loss by fire, tornado and other risks customarily insured against, with an insurer or insurers in good standing, 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 punc- tually perform all duties with reference to the water system as required by the laws of the State of Minnesota. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075, at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Water Revenue 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. 4. With respect to the Water Revenue Bonds all the terms and provisions 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 said Bonds issued hereunder. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Neils , and upon vote being taken thereon, the following voted in favor: Mayor Davenport, Council - members Moen, Neils, Schneider and Threinen and the following voted against: none whereupon said resolution was declared duly passed and adopted. y..r Exhibit "A" NOTICE OF SALE $2,350,000 General Obligation Bonds of 1982, consisting of $1,825,000 General Obligation Improvement Bonds of 1982 AND $525,000 General Obligation Water Revenue Bonds of 1982. City of Plymouth Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above Bonds will be received in the office of the City Manager, City Hall, Plymouth, until 6:30 p.m. on Monday, August 16, 1982 at which time the bids will be opened and tabulated for presentation to the City Council for consideration at its regular ®seting at 7:30 p.m. on the same day. The Bonds consist of $1,825,000 General Obligation Improvement Bonds of 1982 (the "Improvement Bonds") and $525,000 General Obligation Water Revenue Bonds (the "Water Revenue Bonds"). Dated September 1, 1982, the bonds will mature on March 1 in the years and amounts as follows: All bonds will be issued without right of prior redemption. Interest will be payable on March 1, 1983, and semiannually thereafter. Each rate must be in an integral multiple of 5/100 of 1% and no rate may exceed the maximum rate permitted by law on the date of sale. Minimum price, $2,303,945; good faith check, $47,000. An unqualified legal opinion will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, of Minneapolis, Minnesota. The purposes of the bonds are to finance various assessable public improvements and to finance improvements to the City's water sytem, respectively. BY ORDER OF THE CITY COUNCIL /s/ Laurie Houk City Clerk Dated: July 19, 1982. Improvement Water Year Bonds Revenue Bonds Combined 1984 $100,000 $25,000 $125,000 1985 225,000 25,000 250,000 1986 225,000 25,000 250,000 1987 225,000 50,000 275,000 1988 225,000 50,000 275,000 1989 200,000 50,000 250,000 1990 175,000 75,000 250,000 1991 150,000 75,000 225,000 1992 -150,000 75,000 225,000 1993 150,000 75,000 225,G00 $1,825,000 $525,000 $2,350,000 All bonds will be issued without right of prior redemption. Interest will be payable on March 1, 1983, and semiannually thereafter. Each rate must be in an integral multiple of 5/100 of 1% and no rate may exceed the maximum rate permitted by law on the date of sale. Minimum price, $2,303,945; good faith check, $47,000. An unqualified legal opinion will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, of Minneapolis, Minnesota. The purposes of the bonds are to finance various assessable public improvements and to finance improvements to the City's water sytem, respectively. BY ORDER OF THE CITY COUNCIL /s/ Laurie Houk City Clerk Dated: July 19, 1982. CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Plymouth, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Monday, July 19, 1982, 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 $2;350,000 General Obligation Bonds of 1982, consisting of $1,825,000 General Obligation Improvement Bonds of 1982 and $525,000 General Obligation Water Revenue Bonds of 1982 of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 1982. (SEAL) City Clerk City of Plymouth, Minnesota f♦ ' ' STATE OF MINNESOTA ) SS.. COUNTY OF`HENNEPIN P , CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Plymouth, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Monday, July 19, 1982, 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 $2;350,000 General Obligation Bonds of 1982, consisting of $1,825,000 General Obligation Improvement Bonds of 1982 and $525,000 General Obligation Water Revenue Bonds of 1982 of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 1982. (SEAL) City Clerk City of Plymouth, Minnesota