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86-36 ... 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, Councilmembers Horn, Watson and Geving. and the following were absent: Councilwanan SWenson. - ~- .,*** *** *** The following resolution was presented by Councilmember Hamilcon who moved its adoption: RESOLUTION NO. 86-36 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,615,000 GENERAL OBLIGATION IMPROVEMENT BONDS 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: e (a) That the following assessable public improvements (the "Improvements") have been made, duly ordered or con- tracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: '/& e e e .. Project Designation & Description Total Project Cost Water Improvements Storage Reservoir County Road 17 Interconnect $1,280,964 418,274 $1,561,642 13,935 97,062 Creekwood Drive (Streets) South Lotus Lake (Street, Water & Sewer) Lake Drive East, Phase 3 (Street & Storm Sewer) Lake Lucy Road (Streets) Park One Development, Phases 1 & 2 (Streets, Water, Sanitary & Storm Sewer) Business Park 5th Addition (Streets, Water, Sanitary & Storm Sewer) Subtotal Lake Ann Interceptor Net to City for Construction Costs, Engineering, Local Legal & Administrative Bond Counsel Registrar & Paying Agent (1st Year) Financial Printing Moody's Rating Financial Advisor ~Undeiwriting Discount Capitalized Interest (net) 365,184 632,512 857,413 240,253 $3,768,000 482,000 $4,250,000 5,000 3,000 4,000 3,000 34,613 89,993 225,395 Total $4,615,000 (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $4,615,000 General Obligation Improvement Bonds of 1986 (Bonds) 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 $4,525,007. 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 $89,993. Any excess of the purchase price of the Bonds over the sum of $4,525,007 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 and sold in accordance with the terms of the following Official Notice of Sale: e OFFICIAL NOTICE OF SALE $4,615,000 General Obligation Improvement Bonds 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 $4,615,000 General Obligation Improvement Bonds of the City at a regular Council meeting on Monday, July 21, 1986, at 7 :30 0' clock p.m., C.T. on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the finan- cing of various 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 property. Date and Maturities e The bonds will be issued in fully registered form, will be d<'-t.~d_Jul~ 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 Year Amount 1989 $1,525,000 1997 $150,000 1990 175,000 1998 150,000 1991 175,000 1999 150,000 1992 175,000 2000 175,000 1993 175,000 2001 200,000 1994 175,000 2002 425,000 1995 200,000 2003 500,000 1996 200,000 2004 65,000 Redemption The City may elect on January 1, 1996 and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, bonds due on or after January 1, 1997 at a price of par plus accrued interest. If prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. Interest e Interest on the bonds will be payable on January 1, 1987, and semiannually thereafter on each July 1 and January 1. All bonds - 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 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 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. 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 of 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 Ci ty, payable primarily from special assessments against benefited property, 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 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 $92,300, 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 $4,615,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $4,525,007 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 infor- mality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Donald Ashworth City Manager Dated: June 9, 1986. e --.:......-. - e e 3. The 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 on Monday, July 21, 1986, 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 Hatson and upon vote being taken thereon, the following voted in favor of the motion: Mayor Hamil ton, Councilmernbers Horn and Watson. and the following voted against: Councilman Geving. whereupon said resolution was declared duly passed and adopted. e --- e " EXHIBIT A e NOTICE OF BOND SALE $4,615,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA These bonds 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 Bonds will be dated July 1, 1986, will bear interest payable semiannually on each January 1 and July 1 to maturity, com- mencing January 1, 1987, and will mature on January 1 in the amounts and years as follows: Year Amount Year Amount 1989 $1,525,000 1997 $150,000 1990 175,000 1998 150,000 1991 175,000 1999 150,000 1992 175,000 2000 175,000 1993 175,000 2001 200,000 e " ~ 1994 175,000 2002 425,000 -- 1995 200,000 2003 500,000 1996 200,000 2004 65,000 The City may elect on January 1, 1996 to prepay in whole or in part bonds due on or after January 1, 1997 at a price of par plus accrued interest. If prepayment is in part the specific bonds 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 $4,525,007 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 improvement projects in and for the City. Bidders should be aware that the Official Statement to be published 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 said Official Statement, the provi- sions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL e /s/ Donald Ashworth City Manager Dated: June 9,1986. 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, 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 Monday, June 9, 1986, 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 $4,615,000 General Obligation Improvement Bonds of 1986, of the City. e '-- 'WITNESS My hand as such City Manager and the corporate seal of the City this /:i"^ day of ~oct) . 1986. - I t. L! (1 a, "C;CO City Manager City of Chanhassen, Minnesota (SEAL) 05112D86.RAU -