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88-109 C ~ . ~~ . e . t' , 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, Johnson and the following were absent:. Hamilton *** *** *** The following resolution was presented by Councilmember Geving who moved its adoption: RESOLUTION NO. 8S-l09C RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,015,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1988, SERIES 3 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 City has duly established Development District No. 2 (Project Area) pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.17~ through 469.179 (collectively, the Act). (b) th~ City has duly established a tax increment financing district ern' Dis'.:;:dct) within the Project Area pursu- ant to the Act. ", (c) the City is authorized by Section 469.178 of the Act to issue and sell its general obligations to pay all or a portion of the public development costs (Costs) related to the Proj ect Area as identified in the development program and Tax Increment Financing Plan (Plan) for the Proj ect Area. . (d) the City has identified the following Costs to be financed by the Bonds: Public Improvements: Redevelopment Cost Sewer, water, streets and drainage improvements Engineering, legal, appraisal and administration Capitalized Interest Costs of Issuance Subtotal Discount Bond Issue $ 697,845 209,354 62,155 25,853 $ 995,207 19,793 $1,015,000 e (e) it is necessary and expedient to the sound financial management of .the affairs of the City to issue $1,015,000 General Obligation Tax Increment Bonds of 1988, Series 3 (Bonds) to provide financing for the Costs. 2. In order to provide financing for the Costs, the City will therefore issue and sell Bonds in the amount of $995,207. 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 $19,793. The excess of the purchase price of the Bonds over the sum of $995,207 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: e, OFFICIAL NOTICE OF SALE . $1,015,000 General Obligation Tax Increment Bonds of 1988, Series 3 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 public development costs in a development district 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 tax increments from the district. 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: Year Amount Year Amount e 1990 $ 15,000 1994 $150,000 1991 50,000 1995 200,000 1992 75,000 1996 200,000 1993 100,000 1997 225,000 Redemption The City may elect on November 1, 1994 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after November 1, 1995 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 e 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 tax increments, 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 $20,300, 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 $1,015,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $995,207 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 e /s/ Don Ashworth City Manager Dated: October 10, 1988. e e 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 whereupon the resolution was declared duly passed and adopted. e e e . . Exhibit A NOTICE OF BOND SALE $1,015,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1988, SERIES 3 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 1991 1992 1993 $ 15,000 50,000 75,000 100,000 1994 1995 1996 1997 $150,000 200,000 200,000 225,000 The City may elect on November 1, 1994 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, 1995 at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $995,207 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 public development costs related to a tax increment financing district 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/ Don Ashworth City Manager Dated: October 10, 1988. ~ . . . e STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) AND HENNEPIN ) ) CITY OF CHANHASSEN ) e e 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 $1,015,000 General Obliga- tion Tax Increment Bonds of 1988, Series 3 of the City. WITNESS My hand as City Manager and the corporate seal of the City this 24th day of October , 1988. fl ,Qa~/\~ City Manager City of Chanhassen, Minnesota (SEAL) C13:05111088.RAU