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HomeMy WebLinkAboutCity Council Resolution 1990-702W 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 the City on Monday, October 15, 1990, commencing at 7:00 P.M. The following members of the Council were present: Mayor Bergman, Helliwell, Ricker, Vasiliou and Zitur and the following were absent: None •ss •s* The following resolution was presented by Councilmember Ricker who moved its adoption: RESOLUTION NO. 90-702 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990 BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Proiect Designation & Description: Total Project Cost Project Number 945 15th Ave. No. of South Shore Drive $ 12,600 947 9th Ave./Ranchview Lane 84,500 948 Rockford Road Plaza Improvements 1,186,000 008 Bass Creek Business Park Improvements 1,720,000 011 Northwest Blvd./Schmidt Lake Road 304,500 012 County Road 101/Country Road 9 Watermain 84,100 014 Northwest Trunk Sanitary Sewer 869,000 015 North Central Trunk Sanitary Sewer 210,900 016 Drainage Pond BC -P1 115,800 025 25th Ave. Watermain-Lancaster to Kilmer 11,000 034 Schmidt Gardens Addition Watermain 22,100 Net Amount to Finance $4,620,500 Discount Allowance 60,000 Finance Related Fees 32,000 Capitalized Interest 380,000 Subtotal $5,092,500 Less: Interest Earned (92,500) Total $5,000,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $5,000,000 General Obligation Improvement Bonds of 1990 (Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $4,940,000. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $60,000. The excess of the purchase price of the Bonds over the sum of $4,940,000 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $5,000,000 General Obligation Improvement Bonds of 1990 City of Plymouth Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 11 :oo am, C.T. on Monday, November 19, 1990, in the offices of the City Manager in the Plymouth City Hall, 3400 Plymouth Boulevard, Plymouth, Minnesota 55447, at which time the bids will be opened and tabulated for consideration by the City Council at a meeting at 7:00 p.m. on the same day. The bonds are offered on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the financing of assessable public improvements in the City. The bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged together with special assessments against benefitted properties. Date and Maturities The bonds will be issued in fully registered form, will be dated December 16, 1990, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: Year Amount Year Amount 11993 $600,000 1998 $400,000 1994 675,000 1999 400,000 1995 725,000 2000 450,000 1996 400,000 2001 475,000 1997 400,000 2002 475,000 Reds The City may elect on February 1, 1995 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after February 1, 1996 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bonds will be payable on August 1, 1991, and semiannually thereafter on each February 1 and August 1. 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 1/20 or 1/8 of 1%. Registration: Book Entry The Bonds when issued will be registered in the name of Cede h Co., as nominee of the Depository Trust Company, New York, New York (DTC). DTC will act as securities depository for the Bonds. Individual purchases will be made in book entry form only in principal amounts of $5,000 and integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. Principal and interest will be paid by the City to DTC who will in turn remit such principal and interest to its participants for subsequent disbursement to the beneficial owners of the Bonds. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any num-bers 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 its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and 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 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 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 Holmes & Graven, Chartered, 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 payable primarily from special assessments against benefitted properties and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Official Statement The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement as required by Rule 15e2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, shall constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing ccr°cs of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time specified above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $100,000 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft or a wire transfer of funds to Rescurce Bank & Trust Company, ABA $09-10-0550-6 for further credit to Ehlers and Associates, Inc., Bond Issue Escrow Account 11850-788-1, attention Molly Majerle. The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the bonds. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $4,940,000 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/ Laurie Rauenhorst City Clerk Dated: October 15, 1990. 3. The Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at 7:00 p.m. on Monday, November 19, 1990, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Vasiliou, and upon vote being taken thereon the following members voted in favor of the motion: Mayor Bergman, Helliwell, Ricker, Vasiliou and Zitur and the following voted against: None whereupon the resolution was declared duly passed and adopted. Exhibit A NOTICE OF BOND SALE $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 11:00 am , C.T. on Monday, November 19, 1990, in the offices of the City Manager in the Plymouth City Hall, 3400 Plymouth Boulevard, Plymouth, Minnesota 55447, at which time the bids will be opened and tabulated for consideration by the City Council at a meeting at 7:00 p.m. C.T. on the same day. The bonds are offered on the following terms. The bonds will be dated December 16, 1990, will bear interest payable semiannually on each February 1 and August 1, commencing August 1, 1991, and will mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1993 $600,000 1998 400,000 1994 675,000 1999 400,000 1995 725,000 2000 450,000 1996 400,000 2001 475,000 1b 1997 400,000 2002 475,000 The City may elect on February 1, 1995 or on any interest payment date thereafter to redeem and prepay bonds of this issue in whole or in part, in inverse order of maturities and by lot within maturities, maturing on or after February 1, 1996 at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $4,960,000 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes do Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance a portion of the costs of various assessable public improvements in the City. Bidders should be aware that the Official Statement to be distributed for the bonds may contain additional bidding terms and information relative to the bonds. In the event of a variance between statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the latter. BY ORDER OF THE CITY COUNCIL /s/ Laurie Rauenhotst City Clerk Dated: October 15, 1990. .W NSTATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF PLYMOUTH ) 1, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Minnesota, hereby certify that i have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, October 15, 1990, with the original minutes on file in my offlee and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $5,000,000 General Obligation Improvement Bonds of 1990 of the City. �k n /WITNESS My hand as City Clerk and the corporate seal of the City this / � day of 1990. (SEAL) RES10. Citj Clerk City of Plymouth, Minnesota