Res 1992 - 85 Extract of Minutes of a Meeting of the City Council of MH (12/1/1992)RE50LUTION N0. 92-85
EXTRACT 4F MTNfU`�ES �F A MEETING �F TFiE
CITY COUNCIL OF THE CITY OF
MENDOTA FFEIGiiTS, MINNESOTA
HELD: December 1f 1992
Pursuant to due call and notice thereof, a regular
meeting of the City Council af the City of Mendota Iieights,
Dakota County, Minneso�a, was duly held at' the City Hall in said
City on Tuesday, the ist day of Deaember, 2992, at 7:30 P.M., for
the purpose, in part, of opening and considering bids for, and
awarding the sale of; $1,4?a,000 General Obligation Improvement
Bonds of 1992 of the City.
The following members were present: Mertensotto, Blesener
Smith, Cummins, Kbch
and the following were absent: none
The City Clerk presented affidavits~shawing publicaticin ��
of notice of call for bids on $1,470,000 General Obligation
Improvament Bonds of i992 of the City, for which bids were to be
received at this meeting, 3.n accordance with the resolution
adopted by the City Council on October 20, 1992. The affidavits
were examined, were found to comply with the provisions af
Minnesota Statutes, Chagter 475., and were approved and ordered
placed on file.
The Council then proceeded to receive and apen bids for
the sale oE the Bonds. The following bids were received:
Bidder Ir}terest Rate Net Znteres� Cost
c �
229153
SIDS RECEIVEO .
�1,470,000 G.O. Improvement Bonds of 1992
ACCOUNT RATES
t�ORkIEST INVESTMENT SERVICES 3.00% 1993
MERRILL LYNCH CAPITAL MKTS, •. 3.20 1994
F'8S IIVVESTMENT SEP.VICES 3.70 1995
American National Bank & Trust 4. 1996
Marquette National Bank -. 4.40 1997
Juran & Moody Inc, -� 4.60 1998
Miller Schroder Financial 4.75 �999
Robert Peterson Co. � 4.90 2000
�� 5.10 20p1
�- 5.25 2002
5.40 2003
5.60 2004
5.75 2005
5.90 2006
6 2007/2Q08
6.Q5 200Q
6.30 2010/2Q1i
PIPER JAFFRAY & HQP�lQ00
Robert kl. Baird & Co.
Qougheriy Qawkins & Sirand & Yast
John Kinnary & Co. Inc. .
DAI N BOSt�lORTH & C� . �
Miiler Johnson � Kuh1n
Moore Juran & Co. Inc.
PARK iNVESTMEN7 SERVICES
Cronin & Co. Inc. �
DISCOUNT � Cost
�11,760.00
�4I7,655.83
,
6,63.5.00
418,272.50
9,555.00
424,120.83
RATE
5.059� I
5.�0�6%
5.137'�
i5,00a.00 4zi,oao.�i 5.ioo�
14,74q,00 424,228.33 5,139%
,
DEAN WITTER REYNOLDS C0. • 14,986.75 �30,123.42 5.210�
Prudentia1 Securities ' '
Lehman Brothers . �
Bear Stearns Securities � �
r
[
1
1
The Council then proceeded ta consider and discuss the
bids, after which member .�� �� introduced the
fol3owzng resolution and moved its adoption:
RESOLUTZQN ACCEPTING BID ON SALE C?F
$1,470,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1.992, PROVIDING FOR THEIR
ISSUANCE, PLEI3GING FOR TiiE SECURITY
THEREOF SPECIAL ASSESSMENTS,
AND LEVYING A TAX FOR TIiE PAYMENT TFiEREOF
A. WHEREAS, the City of Mendota FIeights, Minnesota
(the "Ga.ty"), has heretofore issued $1,930,000 General Obligatian
Improvement Bonds of 1978, dated May 1, 1978 (the "Prior 8onds");
and
B. WHEREAS, $865,000 in principai amount of the Prior
Bonds which.mature in the years 1993 and thereafter are subject
to redemption and prepayment at the option af the City c�n '
February 1, 1993 a� a price of par plus accrued interest as
provided in the resolution af the City Council, dated May 2, 1978
autharizing the issuance of the Prior Bonds (the "Prior
Resalution"); and
C. WHEREAS, the City Council deems it desirable and in
the best interests of �he City to call far redemption and
prepayment all of �he Priar Bonds which mature on August 1, 1993
and thereafter on February 1, 1993 in,accordance with the Priar
Resolution in arder to reduce the debt service casts to �he City;
and
D. WHEREAS, in addition to rei'unding the Prior Bonds,
the City Council has previausly authorized the construction of
various public improvement� (the "Improvements") and must obtain
the necessary funds to finance the same; and
E. WHEREAS, the City Council has heret�ofore determined
and declared that it is necessary and expedient to issue
$1,470,000 General c?bligation Improvement Bonds of 1992 of the
City, pursuant to Minnesota Statutes, Chapters 429 and 475, to
finance the constructian of the Improvements and to provide funds
to pay on February 1, 1993� all of the City's Prior Bond� which
then remain outstanding (the '�Refunding"); and
F. WHEREAS, the Improvements and the Refunding are
hereinafter collectively referred to as the "Froject'#; and
G. WHEREAS, the Improvements and all their components
have been ordered prior ta the date hereof, af'ter a hearinq
z��s�
2
thereon for which notice was given describing the Improvements or
all their companents by general nature, estimated cost, and area
to be assessed; and �
NOW� THEREFORE, BE IT RESOLVED by the Councii of the
City of Mendota Heights, Minnesota, as follows: •
� 1. cceptance of Bid. The bid of Norwest Investment
Servi ces (the "Purchaser" ) , to purchase
$1,470,000 Generai 4bligation Improvement Bonds af I992 of the
City (the "Bonds", or individually a"Bond'")�, in accordance with
the notice of bond sale, at the rates af interest hereinafter set
forth, and to pay therefor the sum of $ 1,458,240.00 , plus
interest accrued to settlement, is hereby foundr determined and
declared to be the most favorable bid received and is hereby
accepted, and the Bonds are hereby awarded to said bidder. The
Clerk is direeted ta retain the depasit af said bidder and to
forthwith return to the unsuccessful bidders their good iaith
checks or drafts.
2. Title; Oric�inal Issue Date; Denominations.
Maturities. The Bands shall be titled "General Obligation
Improvement Bonds af 1992", shall be dated December 1, 1992, as
the date af original issue and shall be issued forthwith on ar �
after such date as fully registered bonds. The Bonds sha11 be
numbered from R-1 upward in the denominatian of $5,008 each or in
any integral multiple thereof of a single maturity. The Bonds
shall mature on August 1 in the years and amounts as fallows:
Year
1993
199h
1995-1997
1998
ount
$110,Q00
165,040
170,Q00
175, 00{}
All dates are inclusive,
Year
1999
2000-2003
2004-20Q8
2009-2021
ount
3, Refunding Portion of the Bonds. $ 865,000 0� the
Bonds are being issued ta refund the Prior Bonds and to pay a pro
rata share of the issuance expenses of the Bonds (the "Refunding
Por�ion"}, The fo2lowing principal amounts set farth in
.paragraph 2 hereof maturing in the years set forth below are
allocated ta the Refunding Par�tion of the Bands:
Year
224i53
3
Amount
The average maturity of the Refunding Portion of the Bonds is
years.
4. �pase. The Bands shall provide funds to finance
the Project. The tatal cost of the Prajeat, which sha21 include
all costs enumerated in Minnesota Statute�, Section 475.65, is
estimated to be at least equal to the amaunt of the Bonds. Work
on the Improvements shall proceed with due diligence to.
completion. The City covenants that it shall do all things and
perform all acts required of it to assure that work on the
Improvements proceeds with due diligence to completian and that
any�and aIl permits and studies required�under law for the
Improvements are obtained. It is hereby found, determined and
declared that the Refunding is pursuant to Minnesota Sta�utes,
Section 475.67 and shall result in a reduction of debt service
cost to the City.
5. Interest. The Bonds shall bear interest payable
semiannually on February 1 and August I of each year (eaah, an
"Intere�t Payment Date"), commencing August 1, 1993, calculated
on the basis af a 360-day year of twelve 30-day months, at the
respective rates per annum set forth oppo�ite the maturity years
as fallows; •
Maturity
Year
2993
1994
2995
1996
1997
2998
1999
2000
2001
2002
Interest
Rate
3 �
3.2
3.7. r
4 �-�
4.4
4.6
4.75
�.9
5.1
5.25
Maturity Interest
Year Rate
2003
2004
xoo�
2006
2Q4?
2008
2009
2010
2oii
5.4 $
5.6
5.75
5.9
6
6
6.05
6.1
6.1
' 6. Redemptian. All Bonds maturing in the years 2002
to 2011, both inclusive, shall be subject to redemption and
prepayment at the option of the City on August 1, 2fl01, and on
any Interest_Payment Date �hereafter at a price af par plus
accrued interest. Redemption may be in whole or in part of the
Bands subject to prepayment. If redemption is in part, those
Bonds remaining unpaid which have the latest maturity date shall
be prepaid first; and if only part of the Bonds having a comman
maturity date are called far prepayment, the specific Bonds �o be
prepaid shall be chosen by lat by the Band Registrar. Bonds or
por�ions thereof called for redemption shall be due and payable
, 224153
4
on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of
redemp�ion shall be given to the paying agent and'ta each
af�ected registered halder of the Bonds.
To effect a partial redemption of Bonds having a comman
maturity date, the Bond Registrar prior to giving notice of
redemption shal2 assign to each Band having a common maturity
date a distinctive number for each $5,000 of the principal amount
of such Band. The Bond Registrar shall then select by lot, using
such method of selectian as it shall deem'proper in its
discre�ion, from the numbers so assigned ta such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds�to be redeemed. The Bonds to be redee�ed
shall �e the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount of
each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with, if the City ar Band
Registrar so requires, a written instrument of transfer in form
satisfactory ta the City and Bond Registrar duly executed by the
holder thereof or his, her or its attorne� duly authorized in
writing} and the City shall execute (if necessary) and the Bond��'
Registrar shall authen�icate and deliver to the Holder of such
Band, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rate and of
any authorz2ed denomination or denominations, as requested by
such Holder, in aggregate.principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
� 7. Bond Req�.strar. Norwest Bank N.A. , in
Minneapo� i s ,. Mi nnesota , is appointed to act as bond
registrar and transfer agent with respect ta the Bands {the "Bond
Registrar"), and shall do so unless and until a successor Bond
Registrar is duly appcinted, alI pursuant ta any contract the
City and Bond Registrar shall execute which is consistent
herewith. The Bond Registrar shall also serve as paying agent
unless and until a successar paying agent is duly appain�ed.
Principal and interest on the Bonds shall be paid to the
registered holders {or racord haldersj of the Bonds in the manner
set forth in the form of Bond and paragraph 13 of this
reso3ution.
8. Form of Bond. The Bonds, together with the Bond
Registrar's Certificate of Authentication, the form af Assignment
and the registration information thereon, shall be in
substantial.Iy the following form:
229153
• 5
i•
INTEREST
RATE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA COUNTY
CITY OF MENDOTA HEIGHTS
GENERAL OBLIGATION IMPROVEMENT
BOND OF 1992
MATURITY DATE OF
DATE ORIGINAL ISSUE
DECEMBER 1, 1992
$
CUSIP
DOLLARS
I�iOW ALL PERSONS BY THESE PRESENTS that the City of
Mendota Heights, Dakota County, Minnesota (the "Issuer"),
certifies that it is indebted and for value received promises to
pay to the registered owner specified above, or registered
assigns, in the manner hereinafter set forth, the principal
amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an
"Interest Payment Date"), commencing August 1, 1993, at the rate
per annum specified above (calculated on the basis of a 360-day
year of twelve 30-day months) until the principal sum is paid or
has been provided for. This Bond will bear interest from the
most recent Interest Payment Date to which interest has been paid
or, if no interest has been paid, from the date of oriqinal issue
hereof. The principal of and premium, if any, on this Bond are
payable upon presentation and surrender hereof at the principal
office of , in , �
(the "Bond Registrar"), acting as paying agent,.or any successor
paying agent duly appointed by the Issuer. Interest on this Bond
will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Bond is registered (the
"Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing
thereon at the close of business on the fifteenth day of the
calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall
cease to be payable to the person who is the Holder hereof as of
the Regular Record Date, and 'shall be payable to the person who
229153
6
is the Holder hereof at the close of business on a date (the
"Special Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of
and premium, if any, and interest on this Bond are payable in
lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be performed,
precedent to and in the issuance of this Bond, have been done,
have happened and have been performed, in regular and due form,
time and manner as required by law, and that this Bond, together
with all other debts of the Issuer outstanding on the date of
original issue hereof and the date of its issuance and delivery
to the original purchaser, does not exceed any constitutional or
statutory limitation of indebtedness.
IN WITNESS WIiEREOF, the City of Mendota Heights, Dakota
County, Minnesota, by its City Council has caused this Bond to be
executed on its behalf by the facsimile signatures of its Mayor
and its Clerk, the corporate seal of the Issuer having been
intentionally omitted as permitted by law.
229153
r�
�
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
.,
Bond Registrar
By
Authorized Signature
229153
Registrable by:
Payable at:
CITY OF MENDOTA HEIGHTS,
DAKOTA COUNTY, MINNESOTA
/s/ Facsimile
Mayor
Ls1 Facsimile
Clerk
8
�
J
ON REVERSE OF BOND
Redemption. All Bonds of this issue (the "Bonds")
maturing in the years 2002 tA 2011, both inclusive, are subject
to redemption and prepayment at the option of the Issuer on
August 1, 2001, and on any Interest Payment Date thereafter at a
price of par plus accrued interest. 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 shall be prepaid first; and,if only part of the
Bonds having a common maturity date are called for prepayment,
the specific Bonds to be prepaid shall be chosen by lot by the
Bond Registrar. Bonds or portions thereof called for redemption
shall be due and payable on the redemption date, and interest
thereon shall cease to accrue from and after the redemption date.
Mailed notice of redemption shall be given to the paying agent
and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption.
To effect a partial redemption of Bonds having a common maturity
date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then
select by lot, using such method of selection as it shall deem
proper in_its discretion, from the numbers assigned to the Bonds,
as many numbers as, at $5,000 for each number, shall equal the
principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal
amount of such Bond of a denomination of more than $5,000 shall
be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it
shall be surrendered to the Bond Registrar (with, if the Issuer
or Bond Registrar so requires, a written instrument of transfer
in form satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or his, her or its attorney duly
authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver
to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and
interest rate and of any authorized denomination or denomina-
tions, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is
one of an issue in the total principal amount of $1,470,000, all
of like date of original issue and tenor, except as to number,
229153
9
maturity, interest rate, denomination and redemption privilege,
which Bond has been issued pursuant to and in.full conformity
with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the
Issuer on December 1, 1992 (the "Resolution"), for the purpose of
providing money to finance the construction of various improve-
ments within the jurisdiction of the Issuer and to redeem on
February 1, 1993, all of the outstanding General Obliqation
Improvement Bonds of 1978, dated May 1, 1978 of the Issuer. This
Bond is payable out of the General Obligation Improvement Bonds
of 1992 Fund of the Issuer. This Bond constitutes a general
obligation of the Issuer, and to provide moneys for the prompt
and full payment of its principal, premium, if any, and interest
when the same become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably
pledged.
Denominations; Exchange; Resolution. The Bonds are
issuable solely as fully registered bonds in the denominations�of
$5,000 and integral multiples thereof of a single maturity and
are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar. •
Transfer. This Bond is transferable by the Holder_in �
person or by his, her or its attorney duly authorized in writing
at the principal office of the Bond Registrar upon presentation
and surrender hereof to the Bond Registrar, all subject to the
terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the
Bond Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may -
require payment of a sum sufficient to coyer any tax or other
governmental charge payable in connection with the transfer or
exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
229153
10
Treatment of Registered Owners. The Issuer and Bond
Registrar may treat the person in whose name this Bond is
registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided on the
reverse side hereof with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and
neither the Issuer nor the Bond Registrar shall be affected by
notice to the contrary.
Authent�cat�on. This Bond shall not be valid or become
obligatory for any purpose or be entitled to any security unless
the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obliqation. This Bond has been
designated by the Issuer as a"qualified tax-exempt obligation"
for purposes of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
ABBREVIATIONS
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 in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
- (Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
229153
Additional abbreviations may also be used
though not in the above list.
11
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and does
hereby irrevocably constitute and appoint �
attorney to transfer the Bond on the books kept for the
registration thereof, 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 information concerning the transferee requested below
is provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account.)
229153
12
9. Execution; Tempora Bonds. The Bonds shall be
executed on behalf of the City by the signatures of its Mayor and
Clerk and be sealed with the seal of the City; provided, however,
that the seal of the City may be a printed facsimile; and
provided further that both of such signatures may be printed
facsimiles and the corporate seal may be omitted on the Bonds as
permitted by law. In the event of disability or resignation or
other absence�of either such officer, the Bonds may be signed by
the manual or facsimile signature-of that officer who may act on
behalf of such absent or disabled officer. In case either such
officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the
delivery of the Bonds, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same
as if he or she had remained in office until delivery. The City
may elect to deliver, in lieu of printed definitive bonds, one or
more•typewritten temporary bonds in substantially the form set
forth above, with such changes as may be necessary to reflect
more than one maturity in a single temporary bond. Such
temporary bonds may be executed with photocopied facsimile
signatures of the Mayor and Clerk. Such temporary bonds shall,
upon the printing of the definitive bonds and the execution
thereof, be exchanged therefor and cancelled.
10. Authentication. No Bond shall be valid or obli-
gatory for any purpose or be entitled to any security or benefit
under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall
have been duly executed by an authorized representative of the
Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar
shall authenticate the signatures of officers of the City on each
Bond by execution of the Certificate of Authentication on the
Bond and by inserting as the date of registration in the space
provided the date on which the Bond is authenticated, except that
for-purposes of delivering the original Bonds to the Purchaser,
the Bond Registrar shall insert as a date of registration the
date of original issue, which date is December 1, 1992. The
Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered
under this resolution. '
11. Registration; Transfer; Exchange. The City will
cause to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
transfers of Bonds entitled to be registered or transferred as
herein provided. �
229153
13
Upon surrender for transfer of any Bond at the
principal office of the Bond Registrar, the City shall execute
(if necessary), and the Bond Registrar shall authenticate, insert
the date of registration (as provided in paragraph 10) of, and
deliver, in the name of the designated transferee or transferees,
one or more new Bonds of any authorized denomination or
denominations of a like aggregate principal amount, having the
same stated maturity and interest rate, as requested by the
transferor; provided, however, that no Bond may be registered in
blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for
Bonds of any authorized denomination or denominations of a like
aggregate principal amount and stated maturity, upon surrender of
the Bonds to be exchanged at the principal office of the Bond
Registrar. Whenever any Bonds are so surrendered for exchange,
the City shall execute (if necessary), and the Bond Registrar
shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is
entitled to receive.
All Bonds surrendered upon any exchange or transfer
provided for in this resolution shall be promptly cancelled by
the Bond Registrar and thereafter disposed of as directed by the
City. �
All Bonds delivered in exchange for or upon transfer of
Bonds shall be valid general obligations of the City evidencing
the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or
exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its
attorney duly authorized in writing.
The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable
in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable
regulations of the City contained in any agreement with the Bond
Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment
dates. The Clerk is hereby authorized to negotiate and execute
the terms of said agreement.
229153
14
12. �ights Ugon Transfer or Exchanqe. Each Bond
deli�ered upon transfer of or in exchanqe for or in lieu of any
other Bond shall carry all the riqhts to interest accrued and
unpaid, and to accrue, which were carried by such other Bond.
13. �nterest Payment: Record Date. Interest on any
Bond shall be paid on each Interest Payment Date by check or
draft mailed to the person in whose name the Bond is registered
(the "Holder") on the reqistration books of the City maintained
by the Bond Registrar and at the address appearinq thereon at the
close of business on the fifteenth (15th)�day of the calendar
month next preceding such Interest Payment Date (the "Regular
Record Date"). Any such interest not so timely paid shall cease
to be payable to the.person who is the'Holder thereof �as of the
Regular Redord Date, and shall be payable to the person who is
the Holder thereof at the close of business on a date (the
"Special Record Date") tixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall.be qiven by the Bond Reqistrar
to the Holders not less than ten (10) days prior to the Special
Record Date.
14. Treatment of Reqistered owner. The City and Bond
Registrar may tr�at the person�in whose name�any Bond is
registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest
(subject to the payment provisions in paraqraph 13 above) on,
such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
15. I�elivery: Application of Proceeds. The Bonds when
so prepared and executed shall be delivered by the Treasurer to
the Purchaser upon receipt of the purchase price, and the
Purchaser shal� not be obliged to see to the proper application
thereof. .
16. Fund and Accounts.
(a) $ 865.000 of the proceeds of the Bonds shall
be deposited in the Debt Service Fund of the General Obligation
Improvement Bonds of 1978 Account heretofore created by the Prior
Resolution for the Prior Bonds, which amount, together with all
other funds held therein is sufficient to prepay the outstanding
Prior Bonds on February 1,�1993.
(b) There is
designated the "General
F`und" (the ��Fund" ) to be
229153
hereby created a special fund to be
Obligation Improvement Bonds of 1992
administered and maintained by the
15
Treasurer as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the
City. The Fund�shall be maintained in the manner herein
specified until all of the Bonds and the interest thereon have
been fully paid. There shall be maintained in the Fund two (2)
separate accounts, to be designated the "Construction Account"
and "Debt Service Accountn, respectively.
(i) Construction Account. To the Construction Account
there shall be credited the proceeds of the sale of the Bonds,
less accrued interest received thereon, and less any amount paid
for the Bonds in excess of $1 455 000, and less capitalized
interest in the amount of $,��1��'99�•$�� (together with interest
earnings thereon and'subject to such other adjustments as are
appropriate to provide sufficient funds to pay interest due on
the Bonds on or before �'�Y 1, 199�), and less any sums
deposited in the Debt Service Fund for the Prior Bonds pursuant
to subparagraph (a) above, plus any special assessments levied
with respect to the Improvements and collected prior to
completion of the Improvements and payment of the c.osts thereof.
From the Construction Account there shall be paid all costs and
expenses of making the Improvements listed in paragraph 17,
including the cost of any construction contracts heretofore let __
and all other costs incurred and to be incurred of the kind
authorized in Minnesota Statutes, Section 475.65; and the moneys
in said account shall be used for no other purpose except as
otherwise.provided by law; provided that the proceeds of the
Bonds may also be used to the extent necessary to pay interest on
the Bonds due prior to the anticipated date of commencement of
the collection of taxes or special assessments herein levied or
covenanted to be levied; and provided further that if upon
completion of the Improvements there shall remain any unexpended
balance in the Construction Account, the balance (other than any
special assessments) may be transferred by the Council to the
fund of any other improvement instituted pursuant to Minnesota
Statutes, Chapter 429, and provided further that �ny special '
assessments credited to the Construction Account shall only be
applied towards payment of the costs of the Improvements upon
adoption of a resolution by the City Council determining that the
application of the special assessments for such purpose will not
cause the City to no longer be in compliance with Minnesota
Statutes, Section 475.61, Subdivision 1.
(ii) Debt Service Account. There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the
Debt Service Account: (a) all collections of special assessments
herein covenanted to be levied with respect to the Improvements
and either initially credited to the Construction Account and not
already snent as permitted above and required to pay any
229153
� 16
principal and interest due on the Bonds or collected subsequent
to the completion of the Improvements and payment of the costs
thereof; (b) all collections of special assessments levied in
connection with the issuance of the Prior Bonds which are not
needed to pay the Prior Bonds as a-result of the Refunding; (c)
all accrued interest received upon delivery of the Bonds; (d) all
funds paid for the Bonds in excess of $1,455,000; (e) capitalized
interest in the amount of $ 163.998.83 (together with
interest earnings thereon and subject to such other adjustments
as are appropriate to provide sufficient funds to pay interest
due on the Bonds on or before F��:- 1, 1994); (f) any
collections of all taxes herein or hereafter levied for the
payment of the Bonds and interest thereon; (g) any collections of
all taxes heretofore levied for the payment of the Prior Bonds
and interest thereon which are not needed to pay the Prior Bonds
as a result of the Refunding; (h) all funds remaining in the
Construction Account after completion of the Improvements and
payment�of the costs thereof, not so transferred to the account
of another improvement; (i) any funds remaining on deposit in the
Redemption Fund after the same have been paid and discharged; (j)
all investment earnings on funds held in the Debt Service
Account; and (k) any and all other moneys which are properly
available and are appropriated by the governing.body�of the City ---
to the Debt Service Account. The Debt Service Account shall be
used solely to pay the principal and interest and any premiums
for redemption of the Bonds and any other general obligation
bonds of the City hereafter issued by the City and made payable
from said account as provided by law.
No portion of the proceeds of the Bonds shall be used
clirectly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (1) for a reasonable
temporary period until such proceeds are needed for the purpose
for which the Bonds were issued and (2) in addition to the above
in an amount not greater than the lesser of five percent (5�) of
the proceeds of the Bonds or $100,000. To this effect, any
proceeds of the Bonds and any sums from time to time held in the
Construction Account or Debt Service Account (or any other City
account which will be used to pay principal or interest to become
due on the bonds payable therefrom) in excess of amounts which
under then-applicable federal arbitrage regulations may be
invested without regard to yield shall not be invested at a yield
in excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in
the Fund shall not be invested in obligations or deposits issued
by, guaranteed by or insured by the United States or any agency
229153
17
or instrumentality thereof if and to the e�ent that such
investment would cause the Bonds to be "federally guaranteed"
within the meaning of Section 149(b} of the Internal Revenue Cade
of 1986, as amended (the "Coden).
1T. Assessments. I.t is hereby determined t�at no Iess
�than twenty percent (20�) of the cost to the City of each
Impravement financed hereunder within the meaning of Minnesota
Statutes, Section 475.58, Subdivision 1(3), shall be paid by
specia3 assessments to be Ievied against every assessable lot,
piece and parcel�of land benefited by any of the Improvements.
The City hereby covenants and agrees that it will let all
constnictian cantracts not hereto�ore let within one (1) year
after ordering each Improvement financed hereunder unless the
resolutian ardering the Improvement specifies a different time
limit for the letting of construction contracts. The City hereby
further cavenants and agrees that it wiil do and perform as soon
as �hey may be done all acts and things neces�ary for the final
and valid levy of such special assessments, and in the event that
any suoh assessment be at any time held invalid with respect to
any lot, piece or parceZ af land due ta any error, defect,-or
irregulari�y in any action ar proceedings ta�en or to be taken by
the City or the City Council or any of the City afficers or
emplayees, either in the making of the assessments or in the �
performance of any condition precedent thereto, the City and the
City Council will farthwi�h do a21 further acts and take all
further praceedings as may be required by law to make the ,
assessments a valid and binding lien upon such property. The
special assessments have not heretofore been authori2ed, and
accordingly, for purposes of Minnesota Statutes, Section 475.55,
Subdivision 3, the special assessments are hereby authorized.
Subject to such adjustments as are required by conditions in
existence at the time �he assessments are levied, the assessments
are hereby authorized and it is hereby determined that the ,
assessments shall be payable in equal, consecutive, annual
installments, with general taxes ior the year� shown below and
with interest on the declining balance of all such assessments at
a rate per annum not greater than the maximum permitted by law
and not less than �l � per annum:
Improvement
Designation
Amount Levy Years
l��radota Bri dge �nterehafigs _
`8�-2k� � �55,000
1���l�, ��bd"a"v.i s i on-.' _
��2-1 ,
Lorrdon- �owning -
92=4� -
120,000
124,OQQ
224153
' 18
i993/2011
1993/2011
1993/2011
Collection
Years
i994j20I2
1994/2012
1�94/2Q12
�
At the time the assessments are in fact levied the City Council
shall, based on the then current estimated collections of the
assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues
to be in compliance with Minnesota Statutes, Section 475.61,
Subdivision 1.
The special assessments for the Prior Bonds have heretofore been
levied, and the installments that remain payable are payable in
equal, consecutive, annual installments�including both principal
and interest, with interest at the rates per annum specified
below: •
Improvement • Collection
Desiqnation ount Levy Years Years Rates
Water Tower
Improvement
��-s g
Orchard Hunter
Lake 74-2
Marie Avenue
Center 73-4
Cherry Hill 2
Bachelor Avenue
74-7
17�3,135
27,107
�.4,7���
21,929
1992-1998
1992-1995
1992-1995
1992-1996"
1992-1995
1993-1999
1993-1996
1993-1996
1993-1997
1993-1996
7.00�
7. 0 0
:7. 0 0
7. 00 ��
' 7.. 0 0
18. Tax Lew; Coveraae Test; Cancellation of Certain
Tax�Levies. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the
taxable property in the City a direct annual ad valorem tax which
shall be spread upon the tax rolls and collected with and as part
of other general property taxes in the City for the years and in
the amounts as follows:
Year of Tax
Levy
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Year of Tax
Collection
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
229153 .
• 19
ount
$ 143,000
102,000
101,000
98,000
111,000
121,000
-0-
-0-
-0-
-0-
- 0-
2004
2005
2006
2007
2008
2009
2005
2006
2007
2008
2009
2010
1
�
1
1
1
1
The tax levies are such that if collected in full they,
together with estimated collections of special assessments and
other revenues herein pledged for the payment of the Bonds, will
produce at least five percent (5�) in excess of the amount needed
to meet when due the principal and interest payments on the
Bonds. The tax levies shall be irrepealable so long as any of
the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner
and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3.
Upon payment of the Prior Bonds, the portion of the
taxes levied for the Prior Bonds in paragraph 12 of the Prior
Resolution authorizing the issuance of the Prior Bonds, in the
years 1992 through 1998 for collection in 1993 through 1999 shall
be canceled.
19. Defeasance. When all Bonds have been discharged
as provided in this paragraph, all pledges, covenants and other
rights granted by this resolution to the registered holders of
the Bonds shall, to the extent permitted by law, cea�e. The City
may discharge its obligations with respect to any Bonds which are
due on any date by irrevocably depositing with the Bond Registrar
on or before that date a sum sufficient for the payment thereof
in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar
a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The City may also discharge
its obligations with respect to any prepayable Bonds called for
redemption on any date when they are prepayable according to
their terms, by depositing with the Bond Registrar on or before
that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with
respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a suitable banking institution
qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such
rates and maturing on such dates as shall be required, subject to
sale and/or reinvestment, to pay all amounts to become due
� 229153
F�
thereon to maturity or, if notice of redemption as herein
required has been duly provided for, to such earlier redemption
date.
20. Compliance With Reimbursement Bond Requlations.
The provisions of this paragraph are intended to establish and
provide for the City's compliance with United States Treasury
Regulations Section 1.103-18 (the "Reimbursement Regulations")
applicable to the "reimbursement proceeds" of the Bonds, being
those portions thereof which will be used by the City to
reimburse itself for any expenditure which the City paid or will
have paid prior to the Closing Date (an "Expenditure").
The City hereby certifies and/or covenants as follows:
(a) On or before the date of payment of each Expenditure,
the City (or person designated to do so on behalf of
the Cityj made or will have made a written declaration
of the City's official intent (a "Declaration") which
effectively (i) states the City's intention and
reasonable expectation to reimburse itself for the
payment of the Expenditure out of the proceeds of a
� subsequent borrowing; (ii) gives a general and
functional description of the property, project or
program to which the Declaration relates and/or
identifies a specific fund or account of the City and
the general functional purpose thereof from which the
Expenditure was to be paid (collectively the
"Project"); (iii) states the maximum principal amount
of debt expected to be issued by the City for the
purpose of financing the Project; and (iv) states
specifically that the Declaration is a declaration of
official intent under Treasury Regulations Section
1.103-18; provided, however, that no such Declaration
shall necessarily have been made with respect to
"preliminary expenditures" for the Project, defined in
the Reimbursement Regulations to include engineering or
architectural expenses and similar prefatory expenses,
which in the aggregate do not exceed 20� of the "issue
price" of the Bonds. Notwithstanding the foregoing,
with respect to Expenditures made by the City prior to
March 2, 1992, the City hereby represents that there
exists objective evidence, within the meaning of the
Reimbursement Regulations, that at the time the
Expenditure was paid the City expected to reimburse the
cost thereof with the proceeds of a borrowing.
(b) As of the date of each Declaration, there were not and
were not thereafter expected to become available
229153
21
sources of City funds which were or were expected to be
dedicated or otherwise available on a long-term basis
to provide financing for the Expenditure or Project.
(c) Each Declaration was made a part of the publicly
available official books, records or proceedings of the
City and was continuously available for inspection by
the.general public.at City Hall during regular City
hours beginning not later than 30 days after the making
of the Declaration and continuing through the date of
issuance of the Bonds, as required by the Reimbursement
Regulations.
(d) Each Expenditure, other than the costs of issuing the
Bonds, is a capital expenditure, that is, a cost of a
type that is properly chargeable to a capital account
(or would be with a proper election) under general
federal income tax principles.
(e) The "reimbursement allocation" described in the
Reimbursement Regulations for each Expenditure shall
and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the
period ending on the date which is the later of one
year after payment of the Expenditure or one year after
the date on which the Project to which the Expenditure
relates is first placed in service.
(f) Each such reimbursement allocation will be evidenced by
, an entry on the official books or records of the City
maintained for and in connection with the Bonds and
will specifically identify the actual prior Expenditure
or Project or, in the case of the reimbursement of a
particular fund or account described in the applicable
Declaration, the fund or account from which the
Expenditure was paid.
(g) The City is unaware of any facts or circumstances which
would cause it to question the reasonability or
accuracy of the content of this paragraph or of any of
the Declarations, or its compliance with any of the
covenants herein or therein, including without
limitation the City's failure to issue qualifying
reimbursement bonds for costs for which it has made
declarations of official intent, absent extraordinary
and unforeseeable circumstances of the kind described
in the Reimbursement Regulations.
229153
� 22
21. General Obligation Pledge. For the prompt and
full payment of the principal and interest on the Bonds, as the
same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged.
If the balance in the Debt Service Account is ever insufficient
to pay all principal and interest then due on the Bonds and any
other bonds payable therefrom, the deficiency shall be promptly
paid out of any other funds of the City which are available for
such purpose, and such other funds may be reimbursed with or
without interest from the Debt Service Account when a sufficient
balance is available therein.
22. Notice of Call for Redemption. The Clerk is
hereby authorized and directed to cause notice of the redemption
of the Prior Bonds to be published in the Northwestern Financial
view at least 30 days prior to February 1, 1993 and to give at
least 30 days mailed notice of redemption prior to said
redemption date to First Trust National Association (as agent
for, The First National Bank of Saint Paul), in Saint Paul,
Minnesota, the paying agent for the Prior Bonds, and to all
holders of the Prior Bonds, if any, who have registered their
names, addresses and serial numbers with the Clerk, but published
notice shall be effective without mailed notice. Said notice
shall be in substantially the form attached hereto as Exhibit A.
23. Prior Bonds; Security. Until retirement of the
Prior Bonds, all provisions theretofore made for the security
thereof shall be observed by the City and all of its officers and
agents.
24. Certificate of Registration. The Clerk is hereby
directed to file a certified copy of this resolution with the
County Auditor of Dakota County, Minnesota, together with such
other information as he or she shall require, and to obtain the
County Auditor's certificate that the Bonds have been entered in
the County Auditor's Bond Register, that the tax levy for the
Prior Bonds has been cancelled, and that the tax levy required by
law for the Bonds has been made.
25. Reaords and Certificates. The officers of the
City are hereby authorized and directed to prepare and furnish to
the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified
229153
23
copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the
facts recited therein.
26. Neqative Covenant as to Use of Proceeds and _
Project. The City hereby covenants not to use the proceeds of
the Bonds or to use the Project, or to cause or permit them to be
used, or to enter into any deferred payment arrangements for the
cost of the Project, 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.
27. Ta�-Exempt Status af the Bonds; Rebate. The City
shall comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds, including
without limitation (1) requirements relating to temporary periods
for investments, (2) limitations on amounts invested at a yield
greater than the yield on the Bonds, and (3) the rebate of excess
investment earnings to the.United States if the Bonds (together
with other obligations reasonably expected to be issued and
outstanding at one time in this calendar year) exceed the
small-issuer exception amount of $5,000,000.
For purposes of qualifying for the exception to the
federal arbitrage rebate requirements for governmental units
issuing $5,000,000 or less of bonds, the City hereby finds,
determines and declares that (1) the Bonds are issued by a'
governmental unit with general taxing powers, (2) no Bond is a
private activity bond, (3) ninety�five percent (95�) or more of
the net proceeds of the Bonds are to be used for local govern-
mental activities of the City (or of a governmental unit the
jurisdiction of which is entirely within the jurisdiction of the
City), and (4) the aggregate face amount of all tax-exempt bonds
(other than private activity bonds) issued by the City (and all
subordinate entities thereof, and all entities treated as one
issuer with the City) during the calendar year in which the Bonds
are issued and outstanding at one time is not reasonably expected
to exceed $5,000,000, all within the meaning of Section
148(f) (4) (D) of the Code.
Furthermore:
(i) there shall not be taken into account for
purposes of said $5,000,000 limit any bond issued to
refund (other than to advance refund) any bond to the
extent the amount of the refunding bond does not exceed
the outstanding amount of the refunded bond;
229153 .
24
(ii) the aggregate face amount of the Refunding
Portion of the Bonds does not exceed $5,000,000;
(iii) each of the Prior Bonds was issued as part
of an issue which was treated as meeting the rebate
requirements by reason of the exception for govern-
mental units issuing $5,000,000 or less of bonds
because the Prior Bonds were issued prior to August 8,
1986; and
(a) the Prior Bonds were issued by a
governmental unit with general taxing powers,
(b) no part of the Prior Bonds was an
industrial development bond (as described in
Section 103(b)(2) of the Internal Revenue Code of
1954, as amended, but without regard to
subparagraph (B) of Section 103(b)(3) or a private
loan bond (as defined in Section 103(0)(2)(A) of
such Code, but without regard to any exception
from such definition other than Section �
103 (o) (2) (C) , and
(c) the aggregate face amount of all tax-
exempt bonds (other than bonds described in the
immediately preceding clause of this sentence)
issued by the City during the calendar year in
which the Prior Bonds were issued did not exceed
$5,000,000; -
(iv) the average maturity of the Refunding
Portion of the Bonds does not exceed the average
maturity of the Prior Bonds; and
(v) no part of the Refunding Portion of the Bonds
has a maturity date which is later than the date which
is thirty (30) years after the date the Prior Bonds
were issued.
28. Desictnation of 4ualified Tax-Exempt Obliqations;
Issuance Limit for Current Refunding Portion. In order to
qualify the Bonds as "qualified tax-exempt obligations" within
the meaning of Section 265(b)(3) of the Code, the City hereby
makes the following factual statements and representations:
229153
(a) the Bonds are issued after August 7,
1986;
(b) the Bonds are not "private activity
bonds" as defined in Section 141 of the Code;
25
(c) the City hereby designates the Bonds as
�'qualified tax-exempt obligations" for purposes of
Section 265(b)(3) of the Code;
(d) 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 entities treated as one issuer with the
City, and all subordinate entities whose obliqations
are treated as issued by the City) during this calendar
year 1992 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations
issued by the City during this calendar year 1992 have
been designated for purposes of Section 265(b)(3) of
the Code;
(f) the aggregate face amount of the Bonds
does not exceed $10,000,000; and
(g) the Refunding Portion of the Bonds are
- issued to refund, and not to "advance refund" the Prior
Bonds within the meaning of Section 149(d)(5) of the �
Code, and shall not be taken into account under the
$10,000,000 issuance limit to the extent the Refunding
Portion of the Bonds does not exceed the outstanding
amount of the Prior Bonds.
The City shall use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate
the designation made by this paragraph.
29. Severabilitv. If any section, paragraph or
provision of this resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph or provision shall not affect any of
the remaining provisions of this resolution.
30. Headinas. Headings in this resolution are
included for convenience of reference only and are not a part
hereof, and shall not limit or define the meaning of any
provision hereof.
The motion for the adoption of the foregoing resolution
was duly seconded by member •�S�%�� and, after a full
discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof: All Yea
229153
�
and the following voted against the same: none
�
Whereupon said resolution was declared duly passed and
adopted.
53
.
�'
27
�
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 compared the attached and foregoing extract,
of minutes with the original thereof on file in my office, and
that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council of said City, duly
called and held on the date therein indicated, insofar as such
minutes relate to opening and considering bids for, and awarding
the sale of, $1,470,000 General Obligation Improvement Bonds of
1992 of said City.
WITNESS my hand this day of December, 1992.
,�C��',i7 C�c,J /1'�
C1 rk
•�� 229153
28
�
..;��,C ,J.�}f�" :, .
,'.+' �c<<�ti���j�♦ i..�l
. r� � � Ci�I� /
,; � �
=} � "'-� i�'J � `�'' .
. 7 �. Ir' `r=i;�
I'`Ti : ('j� .. � ' , i
r }..
:::��,� f JI{,,��; � ���,
= tf` ��.�,,..<<`
./(�f r�'��;� •
' ,.r,,,, .
�
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1978 �
. CITY OF MENDOTA HEIGHTS,
DAKOTA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the
City of Mendota Heights, Dakota County, Minnesota, there have
been called for redemption and prepayment on
February 1, 1993
those outstanding bonds of the City designated as General
Obligation Improvement Bonds of 1978, dated May 1, 1978, bearing
serial numbers 214 through�386 having stated maturity dates in
the years 1993 through 1999, and totalling $865,000 in principal
amount. The bonds are being called at a price of par plus
accrued interest to February 1, 1993, on which date all interest
on said bonds will cease to accrue. Holders of the bonds hereby
called for redemption are requested to present their bonds for
payment with February 1, 1993, and subsequently maturing interest
coupons attached, at First Trust National Association (as agent
for, The First National Bank of Saint Paul), 180 East Fifth
Street, 3rd Floor-Bond Drop Window, or if by mail, to P.O. Box
64111, in Saint Paul, Minnesota 55164-0111, on February 1, 1993.
Dated: December 1, 1992.
BY ORDER OF THE CITY
COUNCIL
L� Kathleen swanson '
Clerk
Iaportant �Totia�s Under the Interest and Dividend Compliance Act
of 1983, 20$ will be withheld if tax identification is not
properly certified.
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
229153