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Res 2000 - 16 Providing for Public Sale of $2,480,000 General Obligation Improvement Bonds of 2000EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: March 21, 2000 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 21st day of March, 2000, at 7:30 o'clock p.M. The following members were present: Mertensotto, Huber, Krebsbach Dwyer & Schneeman and the following were absent: None Member Dwyer introduced the following resolution and moved its adoption: Resolution 00-16 RESOLUTION PROVIDING FOR PUBLIC SALE OF $2,480,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2000 BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. Finding; Amount and Purpose. It is hereby found, determined and declared that this City should issue $2,480,000 General Obligation Improvement Bonds of 2000 (the "Bonds") to provide funds to finance the construction of various improvements within the City. 2. Appointment of Financial Advisor. The City Council does hereby appoint The Shaughnessy Company, in St. Paul, Minnesota, to act as its financial advisor to the City for the sale of the Bonds. 3. Meeting. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. 4. Notice of Bond Sale. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Northwestern Financial Review not less than ten (10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 5. Official Terms of Bond Sale. The terms and conditions of said Bonds and the sale thereof are fully set forth in the 1146746.1 "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 6. Official Statement. The City Clerk and Treasurer and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds with The Shaughnessy Company. The motion for the adoption of the foregoing resolution was duly seconded by member Schneeman and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: All yea and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Adopted by the City Council of the City of Mendota Heights this 21st day of March, 2000. CITY COUNCIL CITY OF MENDOTA HEIGHTS By: Charles E. Mertensotto Mayor 1146746.1 2 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the proposed sale of $2,480,000 General Obligation Improvement Bonds of 2000 of said City. WITNESS my hand as such Clerk this 21st day of March, 20.00. C.ty Clerk 1146746.1 3 EXHIBIT A NOTICE OF BOND SALE $2,480,000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 2000 (Global Book Entry System) Sealed bids for these bonds will be opened and considered for award on Tuesday, May 2, 2000, at 7:30 P.M., Central Time, by the City Council at the City Hall in Mendota Heights, Minnesota. The bonds will be dated May 1, 2000, and interest will be payable August 1, 2000 and semiannually thereafter. The bonds will be issued in global book entry form only. The bonds will mature on August 1 in the years and amounts as follows: Year 2001 2002 2003-2011 Amount Year Amount $ 50,000 2012-2014 $140,000 180,000 2015-2017 130,000 160,000 All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Bidders must specify a price of not less than $2,456,000 plus accrued interest. An approving legal opinion will be furnished by Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bidders should be aware that the Official Terms of Bond Sale to be published in the Official Statement for the sale may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Notice of Bond Sale and said Official Terms of Bond Sale the provisions of the latter shall be those to be complied with. 1146746.1 A-1 Dated: March 21, 2000. BY ORDER OF THE CITY COUNCIL /s/ Kathleen M. Swanson City Clerk Additional information may be obtained from: THE SHAUGHNESSY COMPANY 596 Endicott on Robert Building P.O. Box 1470 St. Paul, Minnesota 55101 Telephone No.: (612) 227-6691 1146746.1 A-2 EXHIBIT B OFFICIAL TERMS OF BOND SALE $2,480,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: BOOK ENTRY SYSTEM: 1146746.1 Sealed bids will be opened and considered for award on Tuesday, May 2, 2000, at 7:30 P.M., Central Time, by the City Council at its meeting in the Mendota Heights City Hall. The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Indivi- dual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its partici- pants. Principal and interest are payable by the Registrar to DTC or its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to B-1 DATE OF ORIGINAL ISSUE"OF BONDS: PURPOSE: INTEREST PAYMENTS: MATURITIES: REDEMPTION: 1146746.1 beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. May 1, 2000. To provide funds to finance the construction of various improvements within the City. August 1, 2000, and semiannually thereafter on February 1 and August 1 to the registered owners of the bonds appearing of record in the bond register after the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. August 1 in each of the years and amounts as follows: Year 2001 2002 2003-2011 2012-2014 2015-2017 Amount $ 50,000 180,000 160,000 140,000 130,000 All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. At the option of the Issuer, bonds maturing after August 1, 2009, ,shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in B-2 BOND REGISTRAR: CUSIP NUMBERS: DELIVERY: 1146746.1 part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. The successful bidder will name the Registrar and paying agent which shall be subject to applicable SEC regulations and to the approval of the Issuer. The Issuer will pay reasonable and customary charges for the services of the Registrar. If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP ,Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer B-3 TYPE OF BID: RATES: INFORMATION FROM PURCHASER: CONTINUING DISCLOSURE: 1146746.1 and delivery of the bonds will be anywhere in the continental United States without cost to the Purchaser at DTC. Sealed bids of not less than $2,456,000 and accrued interest on the principal sum of $2,480,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be unconditional except as to legality. The successful bidder must provide a certified or cashier's check in the amount of $24,000, payable to the order of the Treasurer of the Issuer upon notification of award, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be addressed to: Lawrence Shaughnessy Treasurer City Hall 1101 Victoria Curve Mendota Heights, MN 55118-4106 All rates must be in integral multiples of 1/20th or 1/8th of 1%-. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, B-4 QUALIFIED TAX EXEMPT OBLIGATIONS: AWARD: or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: March 21, 2000. BY ORDER OF THE CITY COUNCIL /51 Kathleen M. Swanson City Clerk Additional information may be obtained from: THE SHAUGHNESSY COMPANY 596 Endicott on Robert Building P.O. Box 1470 St. Paul, Minnesota 55101 Telephone No.: (612) 227-6691 1146746.1 B-5