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80-17 r., ". e e -- After due consideration of the bids, Councilmember Neveaux introduced the following resolution and moved its adoption: RESOLUTION NO. 80-17 RESOLUTION AWARDING THE SALE OF $1,730,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1980; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Chanhassen, Minnesota, as follows: 1. The bid of First National Bank of Minneapolis, Minneapolis, Minnesota to purchase $1,730,000 General Obligation Temporary Improvement Bonds of 1980, of the City 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 is hereby accepted, such bid being to purchase such bonds at a price of $ 1 70R 011 70 plus accrued interest to date of delivery, such b~nds 'to bear interest as follows: 6.00% - 1983 ~ The sum of $ 7,411.70 , being the amount bid in excess of $1,700,600, shall be credited to the sinking fund hereinafter created. The City Manager is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of the bonds, and is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Chanhassen (the "City") shall forthwith issue and sell its General Obligation Temporary Improvement Bonds of 1980 (the "Bonds"), in the principal amount of $1,730,000, dated June 1, 1980, the Bonds being 346 in number and numbered 1 to 346, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, all interest payable June 1, 1981, and semiannually thereafter on December 1 and June 1 in each year, and which Bonds mature serially on June 1, 1983. The Bonds are subject to redemption in inverse order of serial numbers on June 1, 1981, and on any interest payment date thereafter at a price of par plus accrued interest. - 2 - , , . e 3. Both principal of and interest on the Bonds shall be payable at the First National Bank of Minneapolis, Minneapolis, Minnesota and the City of Chanhassen shall pay the reasonable charges of said 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 COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND OF 1980 e KNOW ALL MEN BY THESE PRESENTS that the City of Chanhassen, Carver and Hennepin Counties, Minnesota, acknowledges itself to be indebted and, for value received, hereby promises to pay to bearer out of its Gen- eral Obligation Temporary Improvement Bonds of 1980 Fund, the sum of FIVE THOUSAND DOLLARS on the 1st day of June, 1983, and to pay interest thereon from the date hereof until the principal amount is paid at the rate of percent C____ %) per annum, interest to maturity payable June 1 1981, and semiannually thereafter on the 1st day of December and the 1st day of June in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are payable at the ~ 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 of this issue are subject to prepayment in inverse order of serial numbers at the option of the City on June 1, 1981, and any interest payment date thereafter at a price of par plus accrued interest. e This bond is one of an issue of bonds in the total principal amount of $1,730,000, all of like date and tenor except as to serial num- ber, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local 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 City and, to provide moneys for the prompt and full payment of said principal and in- terest on bonds as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount, the City is further required at or prior to the maturity of this bond, to provide for the payment and retirement thereof by the issuance of definitive bonds to the extent, if any, that the assessments and taxes or other municipal funds theretofore collected and received may be insuf- ficient for such purposes. - 3 - e 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 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 City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional, or statutory limitation thereon. The holder hereof shall have and may enforce by appropriate proceedings all duties imposed by Minnesota Statutes, Chapter 429 upon the City and its officers, with refer- ence to the levy and collection of special assessments and taxes and the issuance of definitive bonds. IN WITNESS WHEREOF, the the City of Chanhassen, Carver and Henne- pin Counties, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signature of the Mayor and the manual signature of the 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, all as of June 1, 1980. Mayor (Facsimile) City Manager e (facsimile seal) .; (Form of Coupon) No. $ On the 1st day of June (December), 19__ , the City of Chanhassen, Carver and Hennepin Counties, Minnesota, will pay to bearer, out of its General Obligation Temporary Improvement Bonds of 1980 Fund at the the amount shown hereon for interest then due on its General Obligation Temporary Improvement Bond of 1980, dated June 1, 1980, No. Mayor (facsimile signature) (facsimile signature) City Manager It - 4 - e 5. The City Manager shall obtain a copy of the proposed approv- ing legal opinion of Messrs. LeFevere, Lefler, Pearson, O'Brien and 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 City Manager 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 Manager City of Chanhassen, Minnesota The City Manager is hereby authorized and directed to execute such certif- icate 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 the City Manager may be facsimile signatures, duly authenticated by the manual signature of an officer of the First ~rinnRl Bank of St. Paul 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: a) Substitute the following paragraph for the final paragraph of the bond: "IN WITNESS WHEREOF, the City of Chanhassen, Carver and Hennepin Counties, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signatures of its Mayor and City Manager and with the facsimile of the corporate seal of the City imprinted thereon 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 June 1, 1980." b) Add the following on the reverse side of the bond: - "This Bond is one of the Bonds of the series designated herein issued pursuant to the resolution authorizing its issuance and delivery." - 5 - .' . . - 'Ihe First National of St. Paul As Authenticating Agent Bank By Its Authorized Officer The Bonds when fully executed, shall be delivered by the City Manager 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. e 7. The Bonds shall be payable from the General Obligation Tem- porary Improvement Bonds of 1980 Fund hereby created, and the proceeds of any general taxes hereafter levied and special assessments to be levied for the improvements (the "Improvements") financed by the Bonds are hereby pledged to said fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in said fund to pay the same, the City Manager shall pay such principal or interest from the gen- eral fund of the City and such fund may be reimbursed for such advances out of proceeds of assessments for the Improvements when collected. The City further recognizes its statutory duty as provided by Minnesota Statutes, Section 429.091 and covenants and agrees with the purchaser and all holders from time to time of the Bonds, that at or prior to the maturity thereof it will pay and retire the Bonds and the interest thereon out of the proceeds of definitive improvement bonds which the Council shall issue and sell at or prior to the maturity of the Bonds, to the extent that the same cannot be paid out of funds available in the General Obligation Temporary Improve- ment Bonds of 1980 Fuud or out of other municipal funds which are properly available and are appropriated by the Council for such purpose. 8. It is hereby determined that the estimated collections of special assessments for the payment of said bonds will produce at least 5% in excess of the amount needed to meet, when due, the principal and inter- est payments on the Bonds and that no tax levy is needed at this time. The City Manager is directed to file a certified copy of this resolution with the County Auditor of Carver and Hennepin Counties and to obtain the cer- tificate required by Minnesota Statutes, Section 475.63. 9. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: It (a) The City will cause the assessments for the Im- provements to be promptly levied so that the first install- ment will be collectible not later than 1981 and will take all steps necessary to assure prompt collection. The City Council shall cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improvement financed - 6 - .. . , . ,.. e e -- wholly or partly from the proceeds of bonds issued here- under, and for the final and valid levy of special assess- ments and the appropriation of any other funds needed to pay the bonds and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in said grants, pledged funds, investment income or special assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated defi- ciency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the grants and pledged funds and any taxes levied and 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. (d) The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any in- terested person upon request. 10. The officers of the City 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 City relating to the Bonds and to the financial condition and affairs of the City, 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 marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 11. The Mayor and City Manager 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 state- ment is a complete and accurate representation of the facts and represent- ations made therein as of the date of said official statement or prospectus as it relates to the City. - 7 - " ~ ,,-" ", ,. w - -- e The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson , and upon vote being taken thereon, the following voted in favor thereof: Mayor Hobbs, Councilmen: Pearson, Neveaux, Geving and Swenson. and the following voted against: None whereupon said resolution was declared duly passed and adopted. - 8 -