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78-68B Councilperson Pearson introduced the following resolution and moved its adoption: RESOLUTION NO. 78-68 RESOLUTION PROVIDING FOR ISSUANCE AND PUBLIC SALE OF $990,000 GENERAL OBLIGATION'TEMPORARY HIfPROVEMENT BONDS OF 1978 BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: 1. Bond Authorization. This Council has heretofore. ordered the local improvements designa~ed below to be constructed in the City, and has contracted or will contract for the construc- tion of each of said improvements, under and pursuant to Minnesota Statutes, Chapter 429, the designation and estimated total cost of each of said improvements being as follows: Project Number Project Desc'ri'ption . Amount 75-2 Carver Beach, San. Sew., Wtr. and St. $ 40,000 e 75-11 Erie Chan/View, . Street 15,000 77-2 Lake Riley, San. Sew 25,000 77-6 MSAS #101, Street 100,000 78-1 South Lotus Lake Drainage, Storm Sewer 80,000 78-5 Hwy. #5 Frontage Rd., Wtr. St. and Storm Sew. 370,000 78-6 E. and S. Lotus Lake, San. Sew., St. and Wtr. 330,000 . 78-7" Chaska Rd., Water 12,000 $972,000 . . It is hereby determined to be necessary for the City to issue and sell its General Obligation Temporary Improvement Bonds of 1978 in the principal amount of $990,000 to finance the cost of said improvements, $18,000 of said issue representing interest as provided in Minnesota Statutes, Section 475.56. 2. Terms of Bond Sale; Notice. Juran & Moody, Inc., financial consultants to the City, has presented to this Council a form of Notice of Sale of the Bonds, which is attached hereto, and which is hereby approved and .shall be placed on file by the Manager. Each and all of the provisions of the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. The Manager is authorized and directed to cause the Notice of Sale to be published once in the official newspaper, and once in the Commercial West, a financial periodical published in Minneapolis, both publications at least ten days before the date on which bids for the purchase of the. Bonds will be received. 3. Sale Meeting. This Council shall meet at the City Hall on Monday, December 11, 1978, at 7:30 o'clock P.M. for the purpose of receiving, opening and considering sealed bids for the purchase of the Bonds, and of taking such action thereon as may be in the best interes the City. Attest: &Qa,^_~ City Manager e The motion for the adoption of the foregoing resolution 'was duly seconded by Councilperson Waritz , and upon vote ., being taken thereon, the following voted in favor thereof: Mayor Hobbs, Councilmen Pearson, Waritz, Neveaux, Geving and.the following voted against the same: None whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Manager. e NOTICE OF SA.LE $990,000 General Obligation Temporary Improvement Bonds of 1978 City of Chanhassen Carver and Hennepin Counties, Minnesota e NOTICE IS HEREBY GIVEN that the City Council of the City of Chanhassen, Minnesota will meet at the City Hall on Monday, December 11, 1978, at the time indicated below, to receive and consider bids for the purchase of $990,000 General Obligation Temporary Improvement Bonds of 1978 of the City, to be issued to finance local improve- ments. The bonds will be issued in denominations of $5,000 or any multiple thereof, as requested by the successful bidder within 48 hours after award of sale,. will be dated December 1, 1978, in bearer form and numbered consecutively, will mature on December 1, 1981, and will be subject to redemption prior to maturity, on December 1, 1979 and any interest payment date thereafter, at par and accrued interest. The bonds will bear interest from date of issue until paid, at a single, uniform rate specified by the successful bidder. The interest rate must be an integral multiple of 5/100 of 1% and may not exceed 7%. Interest will be payable semiannually on each June 1 and December 1, commencing December 1, 1979. ~rincipal and interest will be made payable at any suitable bank or banks in the United States recommended by the successful bidder within 48 hours after award of sale and approved by the City Council, and the City will pay the reasonable and customary paying agency charges. If the paying agent is not selected within ~8 hours after award of the sale, or if it is not satisfactory to the Council, the Council will select the paying agent. The issuer will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctnes~ of any numbers printed thereon, but will permit such printing to be done at the expense of the purcbaser,"if-the.purchaser waives any extension of the time of delivery caused thereby. The Clty will furnish, without cost to the purchaser and within forty days after award of sale, the printed and executed bonds, the usual form of no-litigation certificate, and the unqualified approving legal opinion of bond counsel desig- nated below. Delivery will be made without cost to the purchaser anywhere in the continental United States. PaYment by the purchaser must be made in funds immediately available for reinvestment by the City, and payment for the bonds must be made on the date of physical. delivery of the bonds unless the purchaser has made arrangements for a delivery agent. e " , //' e .e e .. .# .-".,.-...-....:.... - An unqualified legal opinion on the bonds will be furnished by Messrs. Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis and St. Paul, Minnesota. The legal opinion will state that the bonds are valid and binding general obligations of the City. Sealed bids only may be mailed or delivered to the City Manager and must be received at his office prior to 7:30 P.M. on December II, at which time the bids will be presented to and acted upon by the .City Counci.l. Each bid must be unconditional except as to the legality of the bonds, in which respect bids may be conditioned upon the opinion of the above-named counsel, and must be accompanied by a cashier's or certified check or bank draft in the amount of $19,800 payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the.bidder fails to comply therewith. The bid offering the lowest net.interest cost (total interest on all bonds to stated maturities at the coupon rates specified less any cash premium or plus any discount used) will be deemed the most favorable. No oral bid and no bid of less than $972,000 plus accrued interest for all of the bonds will be considered. The City reserves the right to reject any and all bids and to waive any informality in any bid. Dated November 20, 1978. BY ORDER OF THE CITY COUNCIL Donald W. Ashworth City Manager