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87-38 A J 0__ - 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 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, May 4, 1987, commencing at 7:30 o'clock P.M. The following members were present: Mayor Hamilton, Horn, Geving, Johnson and the following were absent: Boyt *** *** *** The following resolution was presented by Councilmember Hamilton who moved its adoption: RESOLUTION NO. 87-38A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,685,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987 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: (a) That the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act): , " ~ t ;1 -e e e Project Designation & Description: Project Cost $4,149,457 405,253 38,932 $4,593,642 91,358 $4,685,000 Construction Capitalized Interest Costs of Issuance Subtotal Discount Total (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $4,685,000 General Obligation Improvement Bonds of 1987 (Bonds) pursuant to the Act to provide financing for the Improvements. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Bonds in the amount of $4,593,642. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $91,358. Any excess of the purchase price of the Bonds over the sum of $4,593,642 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued, sold and delivered in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $4,685,000 General Obligation Improvement Bonds of 1987 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, June 15, 1987, at 7:30 o'clock p.m., C. T ., for the purchase of $4,685,000 General Obligation Improvement Bonds of the City 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. ~ .I ,. e e e Date and Maturities The bonds will be iHsu~d ~n fully registered form, will be dated July 1, 1987, will be in iri~~gral m~ltiples.of $5,OOO.each and will mature on February I, in (;h.e y~aT.El ,and. amounts' dB follows: Year Amount Y~ar. Amount ---' 1989 $660,000 1997 $200,000 1990 200,000 1998 200,000 1991 400,000 1999 200,000 1992 400,000 2000 200,000 1993 400,000 2001 200,000 1994 400,000 2002 200,000 1995 425,000 2003 200,000 1996 400,000 Redemption The City may elect on February 1, 1996 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 February, 1, 1997 at a price of par plus accrued interest to date of redemption. Intarest Interest on the bonds will be payable on February I, 1988, and semiannually thereafter on each February 1 and August 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. Each rate must be in an inte- gral multiple of 5/100 or 1/8 of 1%, and no rate of interest nor the net effective average interest rate of the issue may exceed the maximum rate of interest permitte~ by law on the day of sale. Paying Agent " The City will name the Regist7;ar which' shall be subj ect to applicable SEC regulations. Prindpal'''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 numbeT.s 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 dRlivery'caused thereby. , r e 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 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 obligated and required to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. e Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $46,850, payable to the City Manager, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $4,685,000 bid for principal) will be deemed the most favo- rable. No oral bid and no bid of less than $4,593,642 for principal plus accrued interest on all of the bonds will be considered, and 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/ Don Ashworth City Manager Dated: May 4, 1987. ie I. I '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 shall meet at 7:30 p.m. on Monday, June 15, 1987, to consider bids on the Bonds and take any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Horn and upon vote being taken thereon, the following voted in favor of the motion: Hamilton, Horn, Geving, Johnson and the following voted against: None e whereupon said resolution was declared duly passed and adopted. e , J '. e e e \ P' EXHIBIT A NOTICE OF BOND SALE $4,685,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1987 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 regular meeting of the City Council at 7:30 p.m. on Monday, June 15, 1987, at the City Hall in Chanhassen, Minnesota. The Bonds are offered on the following terms. The Bonds will be dated July 1, 1987, will bear interest payable semiannually on each February 1 and August 1, commencing February 1, 1988, and will mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1989 $660,000 1997 $200,000 1990 200,000 1998 200,000 1991 400,000 1999 200,000 1992 400,000 2000 200,000 1993 400,000 2001 200,000 1994 400,000 2002 200,000 1995 425,000 2003 200,000 1996 400,000 The City may elect on February 1, 1996 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 February 1, 1997 at a price of par plus accrued interest to date of redemption. No rate of interest nor the net effective interest rate of the issue may exceed the maximum rate permitted by law. Bidders must specify a price of not less than $4,593,642 plus accrued interest. A legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, 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 the provisions of the latter shall be those with which to comply. BY ORDER OF THE CITY COUNCIL /s/ Don Ashworth City Manager Dated: May 4, 1987. i.. .. e STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) AND HENNEPIN ) ) CITY OF CHANHASSEN ) I, the undersigned, being the duly qualified and acting 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, May 4, 1987, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of $4,685,000 General Obligation Improvement Bonds of 1987 of the City. 4It WITNESS My hand as such City Manager and the corporate seal of the City this ;L~~ day of ~ ' 1987. /~ .... ./ I ."...-<;.~, .u '. /) ~-C ",/" "- "---. I' I I City Manager City of Chanhassen, Minnesota (SEAL) C5:05110587.RAU . " ,\ ,