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1k. 2002A GO Library Bonds CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 . Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WNW,ci. chanhassen. mn, us 1-Jz.. -- MEMORANDUM TO: Mayor & City Council Members FROM: Greg Sticha, Finance Direc;U A December 14, 2009 ~\P' DATE: SUBJ: 2002A GO Library Bonds PROPOSED MOTION "The City Council approves the attached Resolution Amending the Resolution Accepting the Proposal on the Sale of General Obligation Library Refunding Bonds, Series 2010A and Levying a Tax for the Payment Thereof." Approval of this resolution requires a simple majority vote of those City Council members present. BACKGROUND Earlier in 2009, the City Council established a pricing committee to allow for quick execution of an advance refunding of the 2002A GO Library Bonds. This flexibility would allow the city to take advantage of ever-changing market conditions. The original resolution is set to expire on December 31,2009. The attached resolution extends the pricing committee and gives it authority to execute an advance refunding as long as the criteria of a 4% net present value savings is attained, through December 31,2010. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution Amending the Resolution Accepting the Proposal on the Sale of General Obligation Library Refunding Bonds, Series 2010A and Levying a Tax for the Payment Thereof and establishing a pricing committee to execute that sale. ATTACHMENT 1. Resolution. 2. Terms of Proposal f:\gregs\bonding\2009 bonding\trigger res memo extension.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF CHANHASSEN, MINNESOTA HELD: December 14, 2009 Pursuant to due call and notice thereof, a regular or special meeting ofthe City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, was duly held at the City Hall on December 14,2009, at o'clock p.m. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF GENERAL OBLIGATION LIBRARY REFUNDING BONDS, SERIES 2009A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, by resolution duly adopted by the City Council on March 9, 2009 (the "Resolution"), the City Council ofthe City of Chanhassen, Minnesota (the "City"), authorized the issuance of General Obligation Library Refunding Bonds, Series 2009A (the "Bonds") to provide funds for a crossover refunding ofthe City's General Obligation Library Bonds, Series 2002A dated March 1, 2002; and B. WHEREAS, in the Resolution the City Council designated the Mayor, the City Manager and Ehlers & Associates, Inc. as a "Pricing Committee" and the Pricing Committee may set the date and time to receive proposals pursuant to the Terms of Proposal established for the Bonds as long as the date is no later than December 31, 2009; and C. WHEREAS, the City proposes that the Resolution be amended to extend the date by which proposals for the sale of the Bonds may be received by the Pricing Committee to December 31,2010; and D. WHEREAS, the Terms of Proposal has been revised to reflect a potential sale date in the year 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: 1. The Resolution is amended to provide that the Pricing Committee may accept proposals for the sale ofthe Bonds in accordance with the Terms of Proposal attached hereto as long as such date is no later than December 31,2010. 2. The Resolution is amended to reflect that the terms of the Bonds as set forth in the Terms of Proposal including the series designation, the dated date ofthe Bonds, the first interest payment date and the call feature, are attached hereto. 2434415vl 3. Except as hereby amended, all other terms and conditions ofthe Resolution shall remain in full force and effect. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2434415vl 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting ofthe City Council, duly called and held on the date therein indicated, insofar as such minutes relate to amending the resolution adopted on March 9, 2009, relating to the issuance of General Obligation Library Refunding Bonds, Series 2009A. WITNESS my hand on December _,2009. City Manager 2434415vl Terms of Proposal DATE: November 23, 2009 ISSUER: City of Chanhassen, Minnesota BOND NAME: $3,700,000 General Obligation Library Refunding Bonds, Series 2010 BOND ATTORNEY: Mary Ippel; Briggs & Morgan, P.A. PURPOSE: Advance crossover refunding of the 2013 through 2022 maturities of the $6,095,000 General Obligation Library Bonds, Series 2002A, dated March 1,2002, which are callable on August 1,2012 Sale Date: The City Council will meet on December 14, 2009 to authorize a Pricing Committee to consider the award of the sale of Bonds. To be determined by Pricing Committee Time and date to be determined by Pricing Committee Independent Financial Advisory Provision. To be determined by Pricing Committee February 1,2013 - 2022 (See attached preliminary schedule) Estimated Closing Date: Proposal Opening: Type of Sale (MN only): Dated Date: Maturity: Maturity Adjustments: * The City reserves the right to increase or decrease the principal amount of the Bonds on the day of sale, in increments of $5,000 each. Increases or decreases may be made in any maturity. If any principal amounts are adjusted, the purchase price proposed will be adjusted to maintain the same gross spread per $1,000. Term Bond Option: All dates are inclusive. Bids for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. First Interest: To be determined by Pricing Committee. Preliminarily assume August 1, 2010 and semiannually thereafter. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. Call Feature: Bonds maturing on February 1,2020 and thereafter shall be subject to call and prior payment on February 1,2019 or any date thereafter at par plus accrued interest. Notice of such call shall be given by mailing a notice thereof by first class mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registration books. Minimum Proposal: $3,670,400. Good Faith: $74,000, payable to the City (Cashiers or Certified Good Faith Check or wire transfer of funds to Ehlers Good Faith Escrow or financial surety bond). Paying Agent: Bond Trust Services Corporation, Roseville, Minnesota. Escrow Agent: U.S. Bank National Association, St. Paul, Minnesota Registration! Book Entry Only: This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Financial Advisor: Mark Ruff and Dave Callister; Ehlers & Associates, Inc. Rating Requested: Standard & Poor's Qualified Tax-Exempt Obligations: The Bonds (WILL) be designated as qualified tax-exempt obligations. Arbitrage Rebate: The City will pay arbitrage rebate, if any earned. Continuing Disclosure: This issue will be subject to: Full Disclosure requirements Full Continuous Disclosure Undertaking: The City will file the Annual Financial Information and Audited Financial Statements on or before December 31,2011. The City will update the following sections of the Official Statement in their annual updates: Current Property Valuations Direct Debt Tax Levies & Collections Population Trend Employment/Unemployment PLEASE NOTE: Include provisions in the sale resolution for the payment of issuance expenses on the date of closing.