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83-08A r~ .. e e e Extract of Minutes of Meeting of the City Council of the City of Chanhassen, Hennepin and Carver Counties, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, was held at the City Hall in said City on Monday, March 21, 1983, com- mencing at 7:30 o'clock P.M. The following members were present: Mayor Hami I ton, Counci lmen Geving and Horn, Councilwomen Swenson and Watson. and the following were absent: None ~~~'("k ..1....1....'.. 1\ " ~.. "-k*--,t, The following resolution was presented by Councilmember Swenson who moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 83- 0 8A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $9,440,000 GENERAL OBLIGATION REFUNDING BONDS OF 1983 CONSISTING OF $5,185,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1983 AND $4,255,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1983 BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota as follows: Section 1. Findings: Purpose. 1.01. The City of Chanhassen (City) is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act) and Section 475.61 of the Act to issue and sell its general obligation bonds to refund outstanding bonds " e when determined by the City Council to be necessary and desirable for the reduction of interest cost and the adjustment of maturities of outstanding issues of bonds. 1. 02. It is hereby found and determined that it is necessary and desirable for the reduction of interest cost and the adjustment of maturities of bonds that the City issue its genera~ obligation refunding bonds to refund in advance of their maturities certain outstanding general obligations of the City. Section 2. Refunded and Refunding Bonds. 2.01. The outstanding bonds to be refunded consist of the following: a. $4,715,000 General Obligation Tax Increment Bonds of 1981, Series A, dated August 1, 1981, of which the entire prin- cipal amount is outstanding (Tax Increment Bonds), and b. $3,955,000 General Obligation Improvement Bonds of 1982, dated June 1, 1982, of which the entire principal amount is outstanding (Improvement Bonds). e 2.02. To provide moneys to refund in advance of maturity the Tax Increment Bonds and the Improvement Bonds, respectively, the City shall issue and sell its $5,185,000 General Obligation Tax Increment Refunding Bonds of 1983 (Tax Increment Refunding Bonds) and its $4,255,000 General Obligation Improvement Refunding Bonds of 1983 (Improvement Refunding Bonds) (collectively, Refunding Bonds). 2.03. The $9,440,000 Refunding Bonds shall be issued, sold and delivered in accordance with the terms and conditions of the following Official Notice of Sale (it being the intention of the Council that the Tax Increment Refunding Bonds and Improvement Refunding Bonds be sold together and not separately): e OFFICIAL e NOTICE OF SALE $9,440,000 GENERAL OBLIGATION REFUNDING BONDS OF'1983 CONSISTING OF $5,185,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1983 AND $4,255,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1983 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received in the offices of Juran & Moody, Inc., Public Finance Department, 400 North Robert Street, Suite 800, St. Paul, Minnesota 55101, until 11:00 a.m. C.T. on Tuesday, April 26, 1983, at which time the bids will be opened by a representative of the City of Chanhassen and tabulated for presentation to and consideration by the City Council of the City of Chanhassen at a special council meeting at 7:30 p.m. C.T. in the Chanhassen City Hall on the same day. Purpose and Security e Two issues of bonds are offered; $5,185,000 General Obligation Tax Increment Refunding Bonds of 1983 (Tax Increment Refunding Bonds) and $4,255,000 General Obligation Improvement Refunding Bonds of 1983 (Improve- ment Refunding Bonds) (collectively referred to as the Bonds). The purpose of the Tax Increment Refunding Bonds is to refund in advance of maturity the outstanding principal amount of the City's $4,715,000 General Obliga- tion Tax Increment Bonds of 1981, Series A, dated May 1, 1981. The purpose of the Improvement Refunding Bonds is to refund in advance of maturity the outstanding principal amount of the City's $3,955,000 General Obligation Improvement Bonds of 1982, dated June 1, 1982. Date and Maturities Tax Increment Refunding Bonds The Tax Increment Refunding Bonds will be dated May 1, 1983, will be in denomination of $5,000 each and will mature without option of prior payment on August 1 in the following years and amounts: Year Amount Year Amount 1984 $35,000 1992 $305,000 1985 20,000 1993 375,000 1986 35,000 1994 445,000 1987 45,000 1995 525,000 1988 80,000 1996 610,000 1989 140,000 1997 710,000 1990 205,000 1998 815,000 1991 260,000 1999 580,000 e Improvement Refunding Bonds e The Improvement Refunding Bonds will be dated May 1, 1983, will be in the denomination of $5,000 each and will mature without option of prior payment on February 1 in the following years and amounts: Year Amount Year Amount 1984 $255,000 1991 $365,000 1985 325,000 1992 305,000 1986 325,000 1993 335,000 1987 355,000 1994 325,000 1988 370,000 1995 300,000 1989 335,000 1996 325,000 1990 335,000 Interest e Interest on the Tax Increment Refunding Bonds will be payable on February 1, 1984, and semiannually thereafter on each August 1 and February 1. Interest on the Improvement Refunding Bonds will be payable February 1, 1984 and semiannually thereafter on August 1 and February 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. Rates to be specified by the City in an integral multiple of 1/8 or 1/20 of 1%, and the rate of interest and the net effective average rate of the respective issues may exceed the maximum rate of interest permitted by law on the day of sale. (See "Type of Bid - Amount," for further details.) 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 recommenda- tion 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 e At delivery 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 e stating that no litigation in any manner questioning their validity is then threatened or pending. The purchase price must be paid upon delivery of the Bonds in funds available for expenditure by the City on the day of payment. Delivery will be made on or about May 17, 1983, and the success- ful purchaser will be notified of the exact date of delivery within 48 hours of the award. Legal Opinion An unqualified legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, 0 I Brien & Drawz, a Professional Association, Minneapolis, Minnesota. Certain matters relating to arbitrage will be passed on by Briggs and Morgan, Professional Association, St. Paul, Minnesota and the approving opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, will rely upon such opinion. 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 e Sealed bids addressed to the undersigned containing proposals for the purchase of both the Tax Increment Refunding Bonds and the Improvement Refunding Bonds must be mailed or delivered to the place and prior to the time specified above. The two issues of Bonds will not be sold separately. The bids must be unconditional and must be accompanied by a cashier's check, certified check or bank draft in the amount of $188,800, payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the successful bidder fails to comply therewith. The bid offering the lowest net interest cost for all of the Bonds (the sum of dollar interest cost of the respective issues, less the sum of cash premiums offered for the respective issues) will be deemed the most favorable. No oral bid and no bid of less than $9,440,000 for total principal plus accrued interest on both issues will be considered. The City reserves the right prior to the sale but no later than 11:00 a.m. C.T. on Monday, April 25, 1983, to: 1) specify the interest rate for the serial maturity of each issue, and 2) to establish a minimum purchase price in excess of par for each issue. A prospective bidder may register its name, address and telephone number with the City's Financial Adviser, Juran & Moody, Inc., in order to be contacted by written or telephone communication prior to 11:00 a.m. C.T. on Monday, April 25, 1983 of any bidding restrictions, changes or conditions as described herein. Neither the City or its agents shall assume responsibility for providing e e these details, as described herein, unless a prospective bidder registers its name, address and telephone number with the City's Financial Adviser. The City further reserves the right to reduce the principal amount of the last maturity of each respective issue after the award of the sale of the Bonds. 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/ Donald W. Ashworth City Manager Dated: March 21, 1983. Further Information: Juran & Moody, Inc. Minnesota Mutual Life Building 400 North Robert Street, Suite 800 St. Paul, Minnesota 55101 Tele: (612) 224-1500 e e e 3. In order to conform to the requirements of Section 475.54, Sub- division 1, of the Act, the maturities of the Tax Increment Refunding Bonds are hereby continued with the maturities of the City's General Obligation Improvement Bonds of 1980, dated March 1, 1980, all as provided in Section 475.54, Subdivision 2 of the Act. 4. The City Manager 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 Tuesday, April 26, 1983, at 7:30 o'clock p.m. for the purpose of considering bids on the Bonds and taking any other appropriate action in relation thereto. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Watson , and upon vote being taken thereon, the following voted in favor: Mayor Hamilton, Councilmen Horn and Geving, Councilwomen Swenson and Watson. and the following voted against: None whereupon said resolution was declared duly passed and adopted. e e Exhibit "A" e NOTICE OF SALE $9,440,000 GENERAL OBLIGATION REFUNDING BONDS OF 1983 CONSISTING OF $5,185,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1983 AND $4,255,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1983 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received in the offices of Juran & Moody, Inc., Public Finance Department, 400 North Robert Street, Suite 800, St. Paul, Minnesota 55101, until 11:00 a.m. C.T. on Tuesday, April 26, 1983, at which time the bids will be opened by a representative of the City of Chanhassn and tabulated for presentation to and consideration by the City Council of the City of Chanhassen at a special council meeting in the Chanhassen City Hall at 7:30 p.m. C.T. on the same day. e Two issues of bonds are offered; $5,185,000 General Obligation Tax Increment Refunding Bonds of 1983 (Tax Increment Refunding Bonds) and $4,255,000 General Obligation Improvement Refunding Bonds of 1983 (Improve- ment Refunding Bonds) (collectively referred to as the Bonds). The purpose of the Tax Increment Refunding Bonds is to refund in advance of maturity the outstanding principal amount of the City's $4,715,000 General Obliga- tion Tax Increment Bonds of 1981, Series A, dated May 1, 1981. The purpose of the Improvement Refunding Bonds is to refund in advance of maturity the outstanding principal amount of the City's $3,955,000 General Obligation Improvement Bonds of 1982, dated June 1, 1982. Tax Increment Refunding Bonds The Tax Increment Refunding Bonds will be dated May 1, 1983, will be in denomination of $5,000 each and will mature without option of prior payment on August 1 in the following years and amounts: Year Amount Year Amount 1984 $35,000 1992 $305,000 1985 20,000 1993 375,000 1986 35,000 1994 445,000 1987 45,000 1995 525,000 1988 80,000 1996 610,000 1989 140,000 1997 710,000 1990 205,000 1998 815,000 1991 260,000 1999 580,000 e e e e <. Improvement Refunding Bonds The Improvement Refunding Bonds will be dated May 1, 1983, will be in the denomination of $5,000 each and will mature without option of prior payment on February 1 in the following years and amounts: Year Amount Year Amount 1984 $255,000 1991 $365,000 1985 325,000 1992 305,000 1986 325,000 1993 335,000 1987 355,000 1994 325,000 1988 370,000 1995 300,000 1989 335,000 1996 325,000 1990 335,000 Interest will be payable on August 1, 1984 (Improvement Refunding Bonds), and February 1, 1984 (Tax Increment Refunding Bonds), and semiannually thereafter. Each rate must be in an integral multiple of 1/8 or 1/20 of 1% and no rate may exceed the maximum rate of interest permitted by law on the day of sale. Price of par for both issues combined: the issues will not be sold separately. An unqualified legal opinion will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The purpose of the bonds is to refund in advance of maturity certain outstanding general obligation Bonds of the City. The Official Notice of Sale in the Official Statement for the issues may contain additional bidding terms and other information relating to the issues. In the event of a variance between statements in this Notice of Sale and those in the Official Statement, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Donald W. Ashworth City Manager Dated: March 21, 1983. Additional Information: Juran & Moogy, Inc. Minnesota Mutual Life Building 400 North Robert Street, Suite 800 St. Paul, Minnesota 55101 Tele: (612) 224-1500 . ~ e STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) AND HENNEPIN ) SS. ) CITY OF CHANHASSEN ) I, the undersigned, being the duly qualified and acting City Manager of the City of Chanhassen, 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, March 21, 1983, 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 $9,440,000 General Obligation Refunding Bonds of 1983, of the City. WITNESS My hand as such City Manager and the corporate seal of e the City this 8th day of April 1983. dL Uo.,9f6 City Manager City of Chanhassen, Minnesota I --" (SEAL) e