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Res 1997 - 76 Providing for Public Sale of $1,900,000 General Obligation Refunding & Improvement Bonds of 1997. a� __ :,�- � RESOLUTION N0. 97-76 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: November 4, 1997 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 4th day of November, 1997, at 7:30o'clock P.M. The following members were present: Mertensotto, Smith, Huber Koch, Krebsbach and the following were absent: None Member S�� = introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC OF $1,900,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS OF 1997 SALE n�� . 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 $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 (the "Bonds") to provide funds to redeem on February 1, 1997, all of the outstanding General Obligation Improvement Bonds of 1986, dated August 1, 1986 of the City, and 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. Meetina. 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, 367957.1 . , 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 "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 Krebsbach 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. 367957.1 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 $1,900,000 General Obligation Refunding and Improvement Bonds of 1997 of said City. 1997. 367957.1 WITNESS my hand as such Clerk this 4th day of November, 11th u=�i Ct.c.�. Cit Clerk 3 EXHIBIT A NOTICE OF BOND SALE $1,900,000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1997 Sealed bids for these bonds will be opened and considered for award on Tuesday, December 2, 1997, at 7:30 P.M., Central Time, by the City Council at the City Hall in Mendota Heights, Minnesota. The bonds will be dated December 1, 1997, and interest will be payable August 1, 1998 and semiannually thereafter. The bonds will mature on August 1 in the years and amounts as follows: Year 1998 1999-2002 2003-2004 Amount $165,000 180,000 160,000 All dates are inclusive. Year 2005-2012 2013 Amount $80,000 55,000 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 $1,881,000 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. 367957.1 A-1 Dated: November 4, 1997. BY ORDER OF THE CITY COUNCIL /s/ Kathleen 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 367957.1 A-2 � TIME AND PLACE: TYPE OF BONDS: OFFICIAL TERMS OF BOND SALE $1,900,000 GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1997 DATE OF ORIGINAL ISSUE OF BONDS: CITY OF MENDOTA HEIGHTS DAKOTA COUNTY MINNESOTA Sealed bids will be opened and considered for award on Tuesday, December 2, 1997, at 7:30 P.M., Central Time, by the City Council at its meeting in the Mendota Heights City Hall. Fully registered general obligation bonds, $5,000 or larger denomina- tions at the option of the bidder. December 1, 1997. PURPOSE: To provide funds to redeem on February 1, 1997, all of the outstand- ing General Obligation Improvement Bonds of 1986, dated August 1, 1986 of the City, and to provide funds to finance the con- struction of various improvements within the City. INTEREST PAYMENTS: MATURITIES: August 1, 1998, and semiannually thereafter on February 1 and Au- gust 1. August 1 in each of the years and amounts as follows: Year 1998 1999-2002 2003-2004 2005-2012 2013 Amoun $165,000 180,000 160,000 80,000 55,000 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 principai maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing on or after August 1, 2006 shall be subject to prior payment, on August 1, 2005 and any interest payment date thereafter, at a price of par and accrued inter- est. Redemption may be in whole or in 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 and if only part of the bonds having a common maturity date are called for pre- payment the specific bonds to be prepaid shall be chosen by lot by the Registrar. BOND REGISTRAR: The successful bidder will name the Registrar and paying agent which shall be subject to applicable SEC regulations and to the ap- proval of the issuer. Principal will be payable at the main corporate office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of the bond at his ad- dress as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Reg- istrar. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such num- bers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall consti- tute 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 as- signment of CUSIP identification numbers shall be paid by the Pur- chaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States with- out cost to the Purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. TYPE OF BID: Sealed bids of not less than $1,881,000 and accrued interest on the principal sum of $1,900,000 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. A certi- fied or cashiers check in the amount of $19,000, payable to the or- der of the Treasurer of the Issuer must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with ac- cepted bid. Bids for the bonds should be addressed to: m Kathleen M. Swanson City Clerk City Hall 1101 Victoria Curve Mendota Heights, Minnesota 55118 RATES: 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 maturi- ties. INFORMATION FROM The successful purchaser will be required to provide, in a timely PURCHASER: 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. CONTINUING DISCLOSURE The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, 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. QUALIFIED TAX The Issuer will designate the bonds as qualified tax exempt obliga- EXEMPT OBLIGATIONS: tions for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any pre- mium from the total interest on all bonds from their date at their stated maturity. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated November 4, 1997 BY ORDER OF THE CITY COUNCIL /s/ Kathleen M. Swan City Clerk Additional information may be obtained from: THE SHAUGHNESSY COMPANY 596 Endicott on Robert Building 350 N. Robert Street St. Paul, Minnesota 55101 Telephone No. (612) 227-6691