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5.5 Bonds of 1989 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM tTO: Mayor and City Council FROM: Don Ashworth, City Manager --Dl-n r( f-' DATE: December 4 , 1989 SUBJ: Award of Bids, Bonds of 1989: ' a. $6 ,650, 000 General Obligation Improvement Bonds b. $725 , 000 General Obligation Taxable Tax Increment Bonds c. $835,000 General Obligation Corporate Purpose Bonds The bids for the above named bonds will be opened at 2 :00 p.m. on Monday, December 4 , 1989 at Springsted's office. Dave MacGillivrary will be present at tonight' s meeting to present the bids for award. I am happy to report that the City maintained its current bond rating. • t t 1 I I Extract of Minutes of Meeting of the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota iPursuant to due call and notice thereof, a regular meeting of the City Council of the City of Chanhassen, Minnesota, was duly held in the City Hall in ' said City on Monday, December 4, 1989, commencing at 7:30 P.M. The following members were present: and the following were absent: The announced or y d th at the next order of business was consideration of the bids which had been received for the purchase of the City's $6,650,000 General Obligation Improvement Bonds Series 1989A, as advertised for sale. The City Manager presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Manager presented a tabulation of the bids which had been received in the manner specified in the Official Terms of Offering of the Bonds. The bids were as follows: 1 1 I I 1 1 After due consideration of the bids, Member then ' introduced the following written resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $6,650,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; ' AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $6,650,000 General Obligation Improvement Bonds, Series 1989A (Bonds) of the City described in the Official Terms of Offering thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 1992 1997 1993 1998 1994 1999 1995 2000 ' 1996 2001 2002 Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in excess of $6,563,550 will be credited to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good ' faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. ' 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $6,650,000, originally dated December 1, 1989, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: 11 Year Amount Year Amount 1992 $300,000 1998 $750,000 1993 300,000 1999 825,000 1994 300,000 2000 875,000 ' 1995 300,000 675,000 2001 925,000 1996 2002 700,000 1997 700,000 1.04. Optional Redemption. The City may elect on February 1, 1995 and on any interest payment date thereafter to prepay Bonds maturing on or after ' February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds ' having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. ' Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered ' form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. ' 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which inter- est on the Bond has been paid or made available for payment, unless (i) the date ' of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and shall maintain, a bond ' registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Regis- trar with respect thereto are as follows: ' (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly ' endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly exe- cuted by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month ' preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more ' new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or ' separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, ' deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon' the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge ' required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes ' mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was ' destroyed, stolen or lost, and of the ownership thereof, and upon furnish- ing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the ' City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in 1 accordance with its terms it is not necessary to issue a new Bond Y prior to payment. ' (i) Redemption. In the event any of the Bonds are called for re- demption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 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 kept by the Regis- trar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. ' 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such busi- ness, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 ' days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further ' order of this Council, the Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. ' 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the Manager and executed on behalf of the City by the signatures of the Mayor and the Manager, provided that all signatures may be ' printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has ' been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obli- gated to see to the application of the purchase price. ' 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the 1 form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and ' delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. ' Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] ' UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN GENERAL OBLIGATION IMPROVEMENT BOND SERIES 1989A I Date of Rate Maturity Original Issue CUSIP December 1, 1989 ' No. $ The City of Chanhassen, Minnesota, a duly organized and existing municipal ' corporation in Carver and Hennepin Counties, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturit y date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1990, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immedi- ately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minneso- ta, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1995, and on any interest payment date ' thereafter, to prepay Bonds of this issue maturing on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be I chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obliga- tions" within the meaning of Section 265(b) (3) of the Internal Revenue Code of ' 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. ' Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not be valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual 'signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Chanhassen, Carver and Hennepin Counties, ' Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF CHANHASSEN, MINNESOTA ' (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned ' within. By Authorized Representative [Reverse of the Bond] ' This Bond is one of an issue in the aggregate principal amount of $6,650,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a ' resolution adopted by the City Council on December 4, 1989 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be in- curred in making local improvements, pursuant to and in full conformity with the ' Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improve- ments, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of I the City are irrevocably pledged for payment of this Bond and the City Council Y Y P g has obligated itself to levy ad valorem taxes on all taxable property in the ' City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth ' therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the ' name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is 11 overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. ' IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of ' this Bond does not cause the indebtedness of the City to exceed any constitu- tional or statutory limitation of indebtedness. 1 (Form of certificate to be printed on the reverse side of each Bond, ' following a full copy of the legal opinion. ) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Chanhassen, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. I (Facsimile Signature) City Manager I r 11 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: ' TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act ' not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT ' For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights ' thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. ' Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. ' The Bond Registrar will not effect transfer of this Bond unless the infor- mation concerning the assignee requested below is provided. Name and Address: i (Include information for all joint owners if this Bond is held by joint account.) I 1 1 Please insert social security or other identifying number of assignee 3.02. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to ' be printed on each Bond, together with a certificate to be signed by the fac- simile signature of the Manager in substantially the form set forth in the form of Bond. The Manager is authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds are payable from the Improvement Bonds Series 1989A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements (Improve- ' ments) financed by the Bonds and tax increments resulting from increases in taxable value of real property in Tax Increment Financing District No. 1 (Tax Increments) are hereby pledged to the Debt Service Fund. If any payment of ' principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Treasurer is directed to pay such principal or interest from the general fund of the City, and the general ' fund will be reimbursed for such advances out of the proceeds of Assessments and Tax Increments when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price paid by the Purchaser and the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is hereby determined that the Improvements to be financed by the ' Bonds will directly and indirectly benefit and abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Im- provements to be promptly levied so that the first installment will be collectible not later than 1991 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improve- ' ment financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. ' (b) In the event of any current or anticipated deficiency in Assess- ments and Tax Increments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. ' (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, 1 Assessments levied therefor and Tax Increments and other funds appropri- ated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. r I (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assess- ' ments and interest thereon and Tax Increments for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and ' that no tax levy is needed at this time. 4.04. It is hereby determined that the estimated collections of Assess- ments and Tax Increments will produce at least five percent in excess of the ' amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that the City Manager may annually, at the time the City makes its tax ' levies, certify to the County Auditor and Director of Property Taxation the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor and Director of Property Taxa- tion will thereupon reduce the levy collectible during such year by the amount ' so certified. 4.05. The City Manager is authorized and directed to file a certified copy ' of this resolution with the County Auditor of Carver County and Director of Property Taxation of Hennepin County and to obtain the certificates required by Minnesota Statutes, Section 475. 63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and ' furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, ' affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate repre- sentation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. ' 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, ' employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary r I to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter ' amended and made applicable to the Bonds. 6.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess in- ' vestment earnings to the United States if the Bonds (together with other obli- gations reasonably expected to be issued in calendar year 1989) exceed the small-issuer exception amount of $5,000,000. ' 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" ' within the meaning of Section 265(b) (3) of the Code, the City makes the follow- ing factual statements and representations: ' (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt ' obligations" for purposes of Section 265(b) (3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations ' (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1989 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1989 have been designated for purposes of Section ' 265(b) (3) of the Code. 6.05. The City will use its best efforts to comply with any federal ' procedural requirements which may apply in order to effectuate the designations made by this section. I The motion for the adoption of the foregoing resolution was duly seconded ' by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I 1 I ' STATE OF MINNESOTA ) COUNTIES OF CARVER ) SS. ' AND HENNEPIN ) CITY OF CHANHASSEN ) ' I, the undersigned, being the duly qualified and acting Manager of the City of Chanhassen, Carver and Hennepin Counties, 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 the City held on Monday, December 4, 1989 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 $6,650,000 General Obligation Improvement Bonds Series 1989A of the City. WITNESS My hand officially as such Manager and the corporate seal of the City this day of December, 1989. ' City Manager Chanhassen, Minnesota (SEAL) 1 I RES.MFS 1 /I 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, Minnesota, was duly held in the City Hall in said City on Monday, December 4, 1989, commencing at 7:30 P.M. The following members were present: and the following were absent: ' * * * * * * 11 The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $725,000 General Obligation Taxable Tax Increment Bonds Series" 1989B, as advertised for sale. The City Manager presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a finan- cial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Manager presented a tabulation of the bids which had been received 1 in the manner specified in the Official Terms of Offering of the Bonds. The bids were as follows: I r 11 After due consideration of the bids, Member then ' introduced the following resolution and moved its adoption : ' RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $725,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989B; FIXING THEIR FORM AND SPECIFICATIONS; ' DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and ' Hennepin Counties, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $725,000 General Obligation Taxable Tax Increment Bonds, Series 1989B (Bonds) of the City described in the Official Terms of Offering thereof is found and determined to be the highest and best bid received pursuant to duly adver- tised notice of sale and is accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds ' bearing interest as follows: Year of Maturity Interest Rate 1992 1993 ' 1994 1995 Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in excess of $715,575 will be credited to the Debt Service Fund hereinafter creat- ed. The City Treasurer is directed to retain the good faith check of the Purchaser pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $725,000, originally dated December 1, 1989, in the denomi- nation of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 without option of prior payment in the years and amounts as follows: I 11 Year Amount Year Amount ' 1992 $ 75,000 1994 $200,000 1993 150,000 1995 300,000 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates. Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which inter- est on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar) . The effect of registration and the rights and duties of the City and the Regis- 11 trar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the ' registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly exe- cuted by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more I I 11 I new Bonds of a like aggregate principal amount and maturity, as requested ' by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as ' directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to ' the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested ' transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. ' (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the ' purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. ' (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and I substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection ' therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnish- ' ing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such busi- ness, such corporation is authorized to act as successor Registrar. The City I 11 I agrees to pay the reasonable and customary charges of the Registrar for the ' services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the Manager and executed on behalf of the City by the ' signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to ' any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall deliver the ' same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obli- gated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect I more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. ' Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN GENERAL OBLIGATION TAXABLE TAX INCREMENT BOND, SERIES 1989B Date of Rate Maturity Original Issue CUSIP ' December 1, 1989 No. $ S I 11 The City of Chanhassen, Minnesota, a duly organized and existing municipal corporation in Carver and Hennepin Counties, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1990, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a ' business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying 1 Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Additional provisions of this Bond are contained on the reverse hereof and ' such provisions for all purposes have the same effect as though fully set forth in this place. ' This Bond is not valid or obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its ' authorized representatives. IN WITNESS WHEREOF, the City of Chanhassen, Carver and Hennepin Counties, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF CHANHASSEN, MINNESOTA (facsimile) (facsimile) 1 City Manager Mayor CERTIFICATE OF AUTHENTICATION ' This is one of the Bonds delivered pursuant to the Resolution mentioned within. ' By Authorized Representative I 11 [Reverse of the Bond] ' This Bond is one of an issue in the aggregate principal amount of $725,000 all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City ' Council on December 4, 1989 (the Resolution) , for the purpose of providing money to aid in financing public redevelopment costs in a Redevelopment Project (Project) in the City, pursuant to and in full conformity with the Constitution ' and laws of the State of Minnesota, including Minnesota Statutes, Sections 469. 174 through 469.179, the Minnesota Tax Increment Financing Act, and Minne- sota Statutes, Sections 469.001 through 469.047, and the principal hereof and interest hereon are payable primarily from tax increments resulting from in- creases in taxable value of real property in the Tax Increment Financing Dis- trict within the Project as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be ' surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, ' conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitu- tional or statutory limitation of indebtedness. 11 I I I (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal ' opinion rendered by bond counsel on the issue of Bonds of the City of Chanhassen, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) ' City Manager The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) ' TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors ' JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. I ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights ' thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. r I 11 Signature Guaranteed: I Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the infor- mation concerning the assignee requested below is provided. 11 Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 3.02. The City Manager is directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Manager in substantially the form set forth in the form of Bond. The Manager is authorized and directed to execute such certifi- cate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security. 4.01. The Bonds are payable from the General Obligation Taxable Tax Increment Bonds Series 1989B Debt Service Fund (Debt Service Fund) hereby created, and tax increments (Tax Increments) received by the City from the Tax Increment Financing District within the Redevelopment Project in which the activity financed by the Bonds is located are pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Treasurer will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Tax Increments when received. There is hereby appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is hereby determined that the estimated collection of Tax Incre- ments for payment of principal and interest on the Bonds will produce at least 1 I STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) SS. AND HENNEPIN ) CITY OF CHANHASSEN ) I, the undersigned, being the duly qualified and acting Manager of the City of Chanhassen, Carver and Hennepin Counties, 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 the City held on Monday, December 4, 1989 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 $725,000 General Obligation Taxable Tax Increment Bonds Series 1989B of the ' City. WITNESS My hand officially as such Manager and the corporate seal of the City this day of December, 1989. City Manager Chanhassen, Minnesota ' (SEAL) 1 I RES2.MFS 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, Minnesota, was duly held in the City Hall in said City on Monday, December 4, 1989, commencing at 7:30 o'clock P.M. The following members were present: 1 and the following were absent: * * * * * * The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City' s $835,000 General Obligation Corporate Purpose Bonds Series 1989C, as advertised for sale. The City Manager presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a financial ' paper published in Minneapolis, Minnesota, which affidavits were examined and ' found satisfactory and ordered placed on file. The City Manager presented a tabulation of the bids which had been received in the manner specified in the Official Terms of Offering of the Bonds. The bids were as follows: 1 I 11 I After due consideration of the bids, Member then ' introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $835,000 ' GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1989C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT 11 BE IT RESOLVED By the City Council of the City of Chanhassen, Carver and Hennepin Counties, Minnesota (City) as follows: ' Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $835,000 General Obligation Corporate Purpose Bonds, Series 1989C (Bonds) of the City described in the Official Terms of Offering thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 1991 1998 1992 1999 1993 2000 1994 2001 ' 1995 2002 1996 2003 1997 2004 Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in ' excess of $824, 145 is credited to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks ' of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. ' 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $835,000, originally dated December 1, 1989, in the denomi- nation of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: I 11 I Year Amount Year Amount I 1991 $10,000 1998 $60,000 1992 40,000 1999 65,000 1993 45,000 2000 70,000 I 1994 50,000 50,000 2001 75,000 1995 2002 80,000 1996 55,000 2003 85,000 II1997 60,000 2004 90,000 1.04. Optional Redemption. The City may elect on February 1, 1995 and on II any interest payment date thereafter to prepay Bonds maturing on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have I the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price Iof par plus accrued interest. Section 2. Registration and Payment. II 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described II herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which inter- ' est on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the II date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 II of each year, commencing August 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint and maintain a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with Irespect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the 11 registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. 1 (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly exe- ' cuted by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and II 11 deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as ' requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. ' (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange ' will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. ' (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. ' (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new ' Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the ' payment of the reasonable expenses and charges of the Registrar in connec- tion therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnish- ' ing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. r (i) Redemption. In the event any of the Bonds are Y called for re- demption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 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 kept by the Regis- trar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the ' redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints f , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such busi- ness, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 ' days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. ' 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the Manager and executed on behalf of the City by the signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same ' as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of ' authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer will deliver the same to the Purchaser upon payment of the purchase price in accordance with the ' contract of sale heretofore made and executed, and the Purchaser is not obli- gated to see to the application of the purchase price. ' 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and 1 delivery of definitive Bonds the temporary Bonds will be exchanged therefor g r and Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN ' GENERAL OBLIGATION CORPORATE PURPOSE BOND SERIES 1989C Date of Rate Maturity Original Issue CUSIP December 1, 1989 No. $ The City of Chanhassen, Minnesota, a duly organized and existing municipal corporation in Carver and Hennepin Counties, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1990, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immedi- ately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of ' America by check or draft by , Minneso- ta, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1995, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt mpt obliga- tions" within the meaning of Section 265(b) (3) of the Internal Revenue Code of ' 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. ' Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication ' hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Chanhassen Carver and Hennepin Counties, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. rDated: CITY OF CHANHASSEN, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned 1 within. BY Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $885,000 all of like original issue date and tenor, except as to number, maturity date, ' redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on December 4, 1989 (the Resolution) , for the purpose of providing money to aid in financing the cost of various capital 1 acquisitions by the City, pursuant to and in full conformity with the Constitu- tion and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, pursuant to authority granted by the voters of the City at a regularly called and duly held election, and the principal hereof and interest hereon are 11 payable primarily from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of ' this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficien- cy, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. 11 As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal ' office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly ' executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and ' in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitu- tional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Chanhassen, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. 1 (Facsimile Signature) City Manager 1 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: • I 11 TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) ' TEN ENT -- as tenants by entireties under Uniform Gifts or ' Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers 11 unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: 1 Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the infor- mation concerning the assignee requested below is provided. 11 Name and Address: I (Include information for all joint owners if this Bond is held by joint account.) 11 Please insert social security or other identifying number of assignee I ' 3.02. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which shall be complete except as to dating thereof and cause the opinion to be printed on each Bond, together with a certificate to be signed by ' the facsimile signature of the Manager in substantially the form set forth in the form of Bond. The Manager is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pledges and Covenants. ' 4.01. The Bonds shall be payable from the General Obligation Corporate Purpose Bonds Series 1989C Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Treasurer will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of the taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of levy for collection the following year): YEAR LEVY YEAR LEVY (See Attachment A) 4.03. It is determined that the estimated collection of the foregoing taxes will produce at least five percent in excess of the amount needed to meet ' when due, the principal and interest payments on the Bonds. The tax levy herein provided shall be irrepealable until all of the Bonds are paid, provided that the City Manager may annually, at the time the City makes its tax levies, ' certify to the County Auditor of Carver County and the Director of Property Taxation of Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor and the Director of Property Taxation shall thereupon reduce the levy collectible during such year by the amount so certified. I STATE OF MINNESOTA ) COUNTIES OF CARVER ) SS. AND HENNEPIN ) CITY OF CHANHASSEN ) I, the undersigned, being the duly qualified and acting Manager of the City of Chanhassen, Carver and Hennepin Counties, 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 the City held on Monday, December 4, 1989 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 $835,000 General Obligation Corporate Purpose Bonds Series 1989C of the City. WITNESS My hand officially as such Manager and the corporate seal of the City this day of December, 1989 City Manager Chanhassen, Minnesota (SEAL) RES3.MFS 4.04. The City Manager is authorized and directed to file a certified copy of this resolution with the County Auditor of Carver County and the Director of Property Taxation of Hennepin County and to obtain the certificates required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate repre- sentation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess in- vestment earnings to the United States if the Bonds (together with other obli- gations reasonably expected to be issued in calendar year 1989) exceed the small-issuer exception amount of $5,000,000. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, the City makes the follow- ing factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obliga- tions" for purposes of Section 265(b) (3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1989 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1989 have been designated for purposes of Section 265(b) (3) of the Code. 6.05. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon 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. 3231 Dartmouth Drive ` f Excelsior, MN 55331 1i ft }' a \ 21 November 1989 rjjj f ( l e� Mrs. Ursula Dimler Chanhassen City Council/Board of Adjustment & Appeals 690 Coulter Drive Chanhassen, MN 55317 Dear Mrs. Dimler: I spoke with you on Monday evening, November 13 , regarding the Board of Adjustment & Appeals Public Hearing to consider the application of Pierce Construction to receive a variance to the Recreational Beachlot Ordinance. As I told you, my neighbor,, Raymond Roettger, and I were at the Council Chambers to attend the meeting which was published in the Chanhassen Villager for November 13 (copy of Notice attached) . We were quite surprised to find that the meeting was held one week prior to this date. Since I spoke with you, I am addressing my letter to you with the request that you forward my concerns to the other members of the Planning Commission, Board of Adjustment and Appeals and the City Council. You stated you thought the action was tabled and rescheduled for December 6, 1989. However, when I spoke with Jo Ann Olson on November 14 , 1989, she stated that the variance was approved pending the application of the City of Chanhassen to amend the City Code to modify the recreational beachlot ordinance to clarify lot depth requirements (scheduled for public hearing on December 6, 1989) . This may be just a semantics problem; however , if in fact the variance was approved , I request that it be rescinded pending a proper public hearing. As background for my request for rescission, there have been several problems regarding proper notice for hearing on the Pierce request. First , my neighbor and I have always been on the City's distribution list for any notices regarding actions pending in our area including previous requests for variances from Mr. Pierce. However, for this latest action, no notices were received. I attempt to diligently follow the Public Notices section of the Villager for any actions coming before various committees and boards of the City. If I have an opinion regarding the action, I schedule my time so that I may attend the hearing. Based on the City' s notice in the Villager, my neighbor and I were present at the City Council Chambers at 7:00 P.M. on November 13 , 1989. It is one thing to reschedule a hearing to a later date. It is somewhat undemocratic to hold a hearing earlier than the published date. Mrs. Ursula Dimler Chanhassen City Council/Board of Adjustment & Appeals 21 November 1989 Page Two From personal experience, my opinions regarding the Recreational Beachlot Ordinance, and lake usage in general , are very strong. Once the City grants a variance and the developer has proceeded, it appears no further action by either the City or the developer is required. The developer sells the property and walks away, pockets full , and leaves compliance with the variance to the buyers of the property. The City also leaves compliance to the property owners, creating conflict between neighbors. The Beachlot Ordinance, a carefully studied and crafted document, was created to provide uniform, specific regulations for the prolific subdivisions of our City' s lakefront properties. Yet every time the ordinance conflicts with a developer' s financial goals, a variance request is submitted and resubmitted. Eventually the City gives in and so do the citizens. In 1970, I purchased my first home which was located on Lotus Lake. At that time, the lake was serene and peaceful and lake residents were friendly and cooperative. By the time I moved to Lake Minnewashta in 1980, the lake had become so crowded and overused that the Lotus Lake homeowners were preparing a proposal for one-way boat traffic on the lake with restrictions on horsepower. The City of Chanhassen also recognized the rapid growth in lake usage. During the two-year period when I was an "off-shore" member of Minnewashta Shores Homeowners Associations, the City conducted a lake usage study which resulted in the creation of the current ordinance. This ordinance provided the control that was critical to preserve Chanhassen' s natural resources and preclude exploitation by developers. Currently I am an "on-shore" member of the Minnewashta Shores Homeowners Association. The Shores recreational beachlot, two acres in size with 20 boat slips , is located to the west of my property. Because my property is lake frontage, I do not use the beachlot property but contribute dues for maintenance and insurance. Even as a dues-paying member of this Association, I am unable to motivate off-shores members to repair docks and remove debris. The cooperation and pride once shared by the residents of this neighborhood is no longer present and there is no developer present to enforce the provisions and restrictions of the subdivision. Off-shore residents do not have to look at the site every day. Directly to the east of my property is the Sterling Estates Outlot. This outlot , established by Joe Boyer when he subdivided what is now called Sterling Estates, was created for access to the lake by all residents of Sterling Estates. With a 35-foot lake frontage, it ' s design did not contain (nor did the City's approval for the subdivision include) a beachlot or a dock. It was merely a paved road to the lake which provided Sterling Estates residents ingress to and egress from the lake. Mrs. Ursula Dimler Chanhassen City Council/Board of Adjustment & Appeals 21 November 1989 Page Three One resident of Sterling Estates, without consultation with other residents, installed a dock at the end of this paved road, sold half interest to another resident and both moored boats at this dock. To avoid neighborhood conflict , other residents "turned their back" even though they opposed the dock. Eventually, interest in the dock was split by four residents and four boats were moored. After the fourth boat arrived, I tried unsuccessfully several times to resolve the issue with the neighbors and have them work out a solution amongst themselves. I refused to accept this fourth boat which was 28 feet in length and moored at the end of the dock overlapping onto my property. None of these boat owners do repair of the dock or clean the debris from the property. Of course, again, they do not have to look at this property every day! I worked with Barbara Dacy in an attempt to resolve the issue which is still , in my opinion, unresolved. Prior to Barbara' s leaving, I submitted a letter to her which to this date is unanswered. At a minimum, her successor should have responded to this letter. The City has walked away from my complaint. The Minnewashta Heights Association' s beachlot is another problem area. Although "grandfathered in" under the ordinance, every year the dock gets wider and longer and more and more boats are present. It is definitely not conducive to a swimming area, yet the association has a swimming raft out beyond this overcrowded dock. A combination swimming/boating area creates a hazard not only for the residents of the Heights but for every other boater on the lake. The townhouses which were built on Reese' s Resort property, with numerous variance approvals from the City, has resulted in expanded "dockage" space by the use of buoys for mooring boats. There are two other "problem" developments located west of Minnewashta Parkway (the official association name, is unknown by me) that currently have recreational beachlots. These were also grandfathered in, yet they continue to grow and expand. One of these, south of the Minnewashta Fire Station, is allowed to have non-motorized boats (i.e. , canoes, rowboats) . However, the "swimming" area now contains boatlifts, unconnected by any means to the shoreline, which contain boats. How many residents have small children that swim at this unsafe beach yet "turn their backs" on the boat issue to avoid conflicts with their neighbors? Granting yet another variance for a recreational beachlot will create future problems for the residents of the Pierce development as well as the other residents of Lake Minnewashta. In addition, every time a variance is granted, a precedent has been established for all lakes in the Chanhassen area. Mrs . Ursula Dimler Chanhassen City Council/Board of Adjustment & Appeals 21 November 1989 Page Four Although I have a meeting in Bloomington on December 6 , I do plan to attend the hearing on amending the City Code. I trust this will not be rescheduled to an earlier date! Of course, as evidenced by this letter I am totally opposed to amending the Code. The ordinance was established after a careful , two-year study and is necessary to preserve our beautiful city and its natural resources. It is imperative that the City' s commissions and Council maintain consistent, fair treatment to all residents and developers. Further degradation of our lakes hurts all citizens. Your energies should be directed to enforcing the City Codes when necessary rather than amendments to appease a few. Again, please pass along my opinion and concerns. Thank you for your time and I will see you on December 6th. Sincerely, Mary ;J .''Moore 0719m • r this pro- ssen NOTICE OF PUBLIC HEARING pur- f Planning PROPOSED VARIANCE • the 937-1900 CITY OF CHANHASSEN er to n Villager NOTICE IS HEREBY GIVEN that •,Off ; No.258) the Chanhassen Board of Adjustments vide and Appeals will hold a Public Hearing r lark- , on Monday,November 13,1989,at 7:00 site 'BARING p.m.in the Council Chambers in Chan- ark- DINANCE hassen City Hall,690 Coulter Drive. The lily purpose of this hearing is to consider the >EN application of Pierce Construction to j to IVEN that receive a variance to the Recreational , t =mission Beachlot Ordinance for the installation t Wednes- of a dock on the beachlot on property :30 p.m.in zoned RSF and located on Outlot A, , mg hanhassen Stratford Ridge. 00 The pur- A plan showing the location of the er insider the proposal is available for public review at 5) nhassen to City Hall during regular business hours. ding.nevi- All interested persons are invited to to allow attend this public hearing and express of condi- their opinions with respect to this pro- at are tem- posal. ts. Jo Ann Olsen,Senior Planner invited to Phone:937-1900 d nd express (Published in the Chanhassen Villager n r 3 this pro- Thursday,November 2, 1989;No.260) • ' • n I ' . If Planning :937-1900 l t ,n Villager ( 111-C\