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88-109 A r' . - Extract of Minutes of Meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota Pursuant to due call and notice thereof a special meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, was held at the City Hall in the City on Monday, October 10, 1988, commenc- ing at 7:30 P.M. The following members of the Council were present: Geving, Horn, Boyt, and Johnson and the following were absent: Hamilton e *** *** *** The following resolution was presented by Councilmember Geving who moved its adoption: RESOLUTION NO. 88-109A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,185,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988 BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and Hennepin Counties, 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 pUY3Uant to the provisions of Minnesota Statutes, Chapter 429 (Act) : . . - . - Project Designation & Description: Total Project Cost Improvement Projects 87-2, 87-5, 87-9, 88-2, 86-11 TOTAL $ 3,580,433 477,414 45,545 $ 4,103,392 81,608 $ 4,185,000 Construction Capitalized Interest Costs of Issuance Subtotal Discount (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,185,000 General Obligation Improvement Bonds of 1988 (Bonds) pursuant to the Act to provide financing for the Improvements. e 2. In order to provide financing for the Improvements, the City will therefore issue and sell Bonds in the amount of $4,103,392. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $81,608. The excess of the purchase price of the Bonds over the sum of $4,103,392 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 . $4,185,000 General Obligation Improvement Bonds of 1988 City of Chanhassen Carver and Hennepin Counties, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Chanhassen, Minnesota, will consider sealed bids at the City Hall in the City of Chanhassen on Monday, November 7, 1988, at 7:30 p.m., C.T., for the purchase of the above bonds. The bonds are offered on the following terms: Purpose and Security The purpose of the bonds is to provide funds for the finan- cing 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 November 1, 1988, will be in denominations of integral multiples of $5,000 each and will mature on November 1, in the years and amounts as follows: e Year Amount Year Amount 1990 $110,000 1997 $475,000 1991 475,000 1998 400,000 1992 500,000 1999 75,000 1993 500,000 2000 75,000 1994 500,000 2001 75,000 1995 475,000 2002 50,000 1996 475,000 Redemption The City may elect on November 1, 1995 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after November 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 November 1, 1989, and semiannually thereafter on each May 1 and November 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. Registrar The City will name the Registrar which shall be subject to applicable SEC regulations. Principal will be payable at the prin- cipal office of the Registrar and interest will be payable by check or . draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for the services of the Registrar. 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 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 e An unqualified legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion, 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. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of the meeting. A bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $83,700, 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 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 $4,185,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $4,103,392 for principal plus accrued interest on all of the bonds will be considered. The City reserves the right to reject any and all bids and to waive an infor- mality in a bid. . BY ORDER OF THE CITY COUNCIL /s/ Don Ashworth City Manager Dated: October 10, 1988 e 3. The City Manager is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official 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 will meet at 7:30 p.m. on Monday, November 7, 1988, to consid- er 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 Johnson, and upon vote being taken thereon the following members voted in favor of the motion: Geving, Horn, Boyt, and Johnson and the following voted against: None e whereupon the resolution was declared duly passed and adopted. . . Exhibit A . NOTICE OF BOND SALE $4,185,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988 CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be considered at a meeting of the City Council at 7:30 p.m. on Monday, November 7, 1988, at the City Hall in Chanhassen, Minnesota. The bonds are offered on the following terms. The bonds will be dated November 1, 1988, will bear interest payable semian- nually on each May 1 and November 1, commencing November 1, 1989, and will mature on November 1 in the years and amounts as follows: Year Amount Year Amount 1990 $110,000 1997 $475,000 1991 475,000 1998 400,000 1992 500,000 1999 75,000 1993 500,000 2000 75,000 1994 500,000 2001 75,000 1995 475,000 2002 50,000 e 1996 475,000 The City may elect on November 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 November 1, 1996 at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $4,103,392 plus accrued interest. A legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneap- olis, 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/ Donald W. Ashworth City Manager . Dated: October 11, 1988. . . - e e . " STATE OF MINNESOTA ) ) ) ) ) ) COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN I, the undersigned, being the duly qualified and acting City Manager of the City of Chanhassen, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on Monday, October 10, 1988, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $4,185,000 General Obliga- tion Improvement Bonds of 1988 of the City. WITNESS My hand as City Manager and the corporate seal of the City this 24th day of October , 1988. City!:) ():JJJ City of Chanhassen, Minnesota (S EAL) C13:05112D88.RAU