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86-35 , - .. r e e e 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 said City on Monday, June 9, 1986, commencing at 7:30 o'clock P.M. The following members were present: Mayor Hamilton, Councibuembers Horn, Watson and Geving. and the following were absent: Councilwoman Swenson *** *** *** The following resolution was presented by Councilmember Hamilton who moved its adoption: RESOLUTION NO. 86-35 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $195,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1986 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) The City is authorized by Minnesota Statutes, Section 412.301 to issue and sell its general obligation equipment certificates of indebtedness (Certificate) to finance the cost of street maintenance and construction equipment, fire equipment and police and fire equip- ment; e (b) The City has duly authorized, contracted for or pur- chased the following equipment items (Equipment) at the costs indicated: 1985 Utility vacuum truck (delivered) 1985 Rear Mount Paver (delivered) 1985 Fire Dept. Tanker (delivered) 1985 Sedan 1986 Street Sweeper (delivered) 1986 Dump Truck (June delivery) Lawn Mower (April delivery) $ 45,267 11,698 19,687 9,946 64,613 36,616 9,533 (c) The costs of issuing the Certificates for the Equipment is estimated to be: Certificate Counsel Registrar & Paying Agent (1st year) Financial Printing Moody's Rating Financial Advisor Underwriting Discount Capitalized Interest (net) $ 500 800 400 400 2,500 3,803 5,902 and the City has heretofore appropriated the sum of $2,360 toward the cost of the Equipment. e (d) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $195,000 General Obligation Equipment Certificates of Indebtedness of 1986 to provide financing for the Equipment. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Certificates in the amount of $191,197. In order to provide in part the additional interest required to market the Certificates at this time, additional Certificates shall be issued in the amount of $3,803. Any excess of the purchase price of the Certificates over the sum of $191,197 shall be credited to the debt service fund for the Certificates for the purpose of paying interest first coming due on such additional Certificates. The Certificates shall be issued and sold in accordance with the terms of the following Official Notice of Sale: e e OFFICIAL NOTICE OF SALE $195,000 General Obligation Equipment Certificates of Indebtedness of 1986 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 for the purchase of $195,000 General Obligation Equipment Certificates of Indebtedness of the City at a regular Council meeting on Monday, July 21, 1986, at 7:30 o'clock p.m., C.T. on the following terms. Purpose and Security The purpose of the certificates is to provide funds for the financing the purchase of various items of capital equipment by the City. The certificates will be general obligations of the City, for which its full faith, credit and taxing powers are pledged. Date and Maturities e The certificates will be issued in fully registered form, will be dated July 1, 1986, will be in integral multiples of $5,000 each and will mature on January 1 in the following years and amounts; Year Amount 1988 1989 1990 1991 $45,000 50,000 50,000 50,000 Redemption The City may elect on January 1, 1990 and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, certificates due on or after January 1, 1991 at a price of par plus accrued interest. If prepayment is in part the specific certificates to be prepaid will be selected by lot by the Registrar. Interest e Interest on the certificates will be payable on January 1, 1987, and semiannually thereafter on each July 1 and January 1. All certificates maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, and no rate for any maturity may exceed the rate specified for any subsequent maturity by more than one percent. Each rate must be in an integral multiple of e 1/20 or 1/8 of 1%, and no rate of interest nor the net effective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Paying Agent 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 certifi- cate. 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 certificates 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 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 certificates, 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 certificates in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the certificates will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Profession- al Association of Minneapolis, Minnesota. The legal opinion will be printed on the certificates at the request of the purchaser. The legal opinion will state that the certificates 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 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 $3,900, 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 e certificates to stated maturities, less any cash premium or plus any amount less than $195,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $191,197 for principal plus accrued interest on all of the certificates will be considered, and the City reserves the right to rej ect any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Donald Ashworth City Manager Dated: June 9, 1986. e e EXHIBIT A e NOTICE OF SALE $195,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1986 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA These certificates will be offered for sale on sealed bids on Monday, JULY 21, 1986 Bids will be opened and tabulated for consideration and award by the City Council at 7:30 p.m., C.T., a regular meeting of the Council on that date. The Certificates will be dated July 1, 1986, will bear interest payable semiannually on each January 1 and July 1 to maturi-. ty, commencing January 1, 1987, and will mature on January 1 in the amounts and years as follows: Year Amount 1988 1989 1990 1991 $45,000 50,000 50,000 50,000 e The City may elect on January 1, 1990 to prepay in whole or in part certificates due on January 1, 1991 at a price of par plus accrued interest. If prepayment is in part the specific certificates to be prepaid will be selected by lot by the Registrar. No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law. Bidders must specify a price of not less than $191,1970 plus accrued interest. A legal opinion on the Certificates will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The proceeds of the Certificates will be used to finance the costs of various items of capital equipment for the City. Bidders should be aware that the Official Statement to be published for the Certificates may contain additional bidding terms and informa- tion relative to the Certificates. In the event of a variance between statements in this Notice of Sale and said Official Statement, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Donald Ashworth City Manager Dated: June 9, 1986. e e 3. The Manager is authorized and directed to advertise the Certificates 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 on Monday, July 21, 1986, to consider bids on the Certificates and take any other appropriate action. 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 of the motion: Mayor Hamilton, councilrnernbers Horn and Watson. and the following voted against: Councilman Geving whereupon said resolution was declared duly passed and adopted. e e o . e STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) AND HENNEPIN ) ) CITY OF CHANHASSEN ) It the undersignedt being the duly qualified and acting City Manager of the City of Chanhassent Minnesotat do hereby certify that I have carefully compared the attached and foregoing extract of a special meeting of the City Council of said City held on MondaYt June. 9t 1986t with the original thereof on file in my office and the same is a fullt true and correct copy thereoft insofar as the same relates to the issuance and sale of $195tOOO General Obligation Equipment Certificates of Indebtedness of 1986t of the City. e WITNESS My hand as such City Manager and the corporate seal of the City this 12th day of Jrme t 1986. ~{j~ City Manager City of Chanhassent Minnesota G/i\~ / /"- --- . . ..~'-~ : (SEAL) 05110686.RAU