Loading...
Res 1981 - 21 Extract of Minutes of Meeting of City Council of MH (3/17/1981)EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA HELD: MARCH 17, 1981 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 the City on the 17th day of March, 1981; at 7:30 o'clock P.M. for the purpose of opening and considering bids for and awarding the sale of $2,270,000 General Obligation Improvement Bonds of 1980 of the City. The following members were present: Mayor Lockwood Council Persons Witt, Losleben, Mertensotto, Hartmann -and the following were absent: none The Clerk presented affidavits showing publication of - notice of call for bids on $2,270,000 General Obligation Improvement'Bonds of the City, for which bids were I.to be received at this meeting, in accordance with the resolution adopted by the City Council on October 21, 1980. The affidavits were examined, found to comply with theiprovisions of Minnesota Statutes, Chapter 475, and were approied and ordered placed on file. The Council proceeded to receive and open bids for the sale of the bonds. The following bids were received: Bidder Interest Rate Net Interest Cost U'IDS RECEIVED CITY OF MENDOTA HEIGHTS, (MINNESOTA $2,270,000 It'PROVEtIENT BONDS of 1980 MARCH 17, 1981 ACCOUNT RATE BANC NORTHWEST 7.60 % 1982-83 Ninneapolis, Minn. 7,70 1984 Ferrill Lynch White Weld Capital 7.75 1985-86 American National Bank & Trust 7.90 1987 Cronin Varcotte Inc. 8 1988 Blunt Ellis & Loewi Co. 8.10 1989 Dean Witter Reynolds Inc. 8.20 1990 Miller Schroeder Municipals 8.30 1991 8.50 1992 8.70 1993 8.90 1994 9. 1995 9.20 1996 9.40 1997 9.60 1998 FIRST NATIONAL BANK 7.80 % 1982-85 St. Paul, tlinn. 7.90 1986-87 First National Bank Minneapolis, 8 1988 Doughery Dawkins Strand & Ekstrom 8.10 1989 M.H.Novic Co. 8.20 1990 �Ibert S.C.Peterson 8.30 1991 Cherokee State Bank 8.50 1992 8.70 1993 8.90 1994 9 1995 9.20 1996 9.30 1997 9.40 1998 DAIN BOSWORTH INCORPORATED 7.50 % 1982 Minneapolis, Vinn. 8 1983-86 Allison Hilliams Co. 8.10 1987-89 Piper Jaffray Hopwood Onc. 8.20 1990 Moore Juran Inc. 8.30 1991 8.550 1992 8.70 1993 8.90 1994 9 1995 9.10 1996 9.25 1997 9.40 1998 FIRST NATIONAL BANK 8.20% 1982-86 _ Chicago, Ill. 8.375 1987 Continential Illinois National Bank 8.60 1988-90 & Trust Company 8.80 1991 Harris Trust & Savings Bank 9.0 1992 I'ercantile Trust Co. N.A. 9.20 1993 Kidder Peabody Inc. 9.40 1994 La Salle National Bank 9.60 1995 Chicago Corp. 9.80 1996 10.00 1997-98 AWARD "!ADE TO THE BANK NORTHJEST ACCOUNT DISCOUNT $ COST %RATE! 22,°299.02 22,700.E )0 $1,400,709.02 .J 1,402,347.50 8.464 8.474 22,582.78 1,410,031.53 8.521 22,275. 1,483,481.34 S/ a r The Council then proceeded to consider and discuss the bids, after which member Losleben I introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $2,270,000 BONDS OF 1980 PROVIDING FOR THEIR ISSUANCE AND LEVYI A TAX FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the City Heights, Minnesota, as follows: 1. The bid of Banc Northwest purchase $2,270,000 of the City, in accordance with of bond sale, at the rates of interest hereinafter and to pay therefor the sum of $2,247;700.98 is her determined and declared to be the most favorable bi and is hereby accepted and the bonds are hereby awa bidder. The City Clerk is directed to retain the d said bidder and to forthwith return the good faith drafts to the unsuccessful bidders. The bonds shal as to principal and interest at American National Bank St. Paul Minnesota , or any successor paying agent appointed y the -City. 2. The $2,270,000 negotiable coupon gene tion bonds of the City shall be dated November 1, 1 shall be issued forthwith. The bonds shall be 454 and numbered from 1 to 454, both inclusive, in the of $5,000 each. The bonds shall mature serially, 1 numbers first, on February 1 in the years and amoun follows: $100,000 in the year 1982; $150,000 in the year -1983; $200,000 in the year 1984; $220,000 in each of the years both years inclusive; $150,000 in the year 1991; $ 50,000 in each of the years both years inclusive. 0 outstanding 1978 of the improvements of Mendota to the notice et forth, by found, received, ded to said posit of hecks or be payable Trust Company u. y al obliga= 80 and n number enomination west s as, 1985 to 1990, 1992 to 1998, The bonds shall provide funds for ref General Obligation Temporary Improvem City and to complete the financing of in the City. The total cost of the nt Bonds I various the of ts, all the costs of the refunding which shall include all costs i enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the bonds herein authorized. Work on the improvements shall proceed, with due diligence to completion. 4. The bonds shall mature in the years and bear the serial numbers set forth below, and shall bear interest payable August 1, 1981 and semiannually thereafter on February 1 and August 1 of each year at the respective rates per annum set opposite the maturity years and serial numbers: Maturity Years Serial Numbers Interest Rate 1982 1-20 7.6 .% 1983 21-50 7.6 1984 51-90 7.7 1985 91-134 7.75; 1986 135-178 7.75'. 1987 199-222 7.9 1988 223-266 8 1989 267-310 8.1 1990 311-354 8.2 1991 355-384 8.3 1992 385-394 8.5 1993 395-404 8.7 1994 405-414 8.9 1995 415-424 9 1996 425-434 9.2 1997 435-444 9.4 1998 445-454 9.6 5. All bonds of this issue maturing on February 1, 1991 (bonds numbered 355 to 454, both shall be subject to redemption and prepayment at t the City in inverse order of serial numbers, on Fe 1990 and on any interest payment date thereafter a accrued interest. Published notice of redemption case be given in accordance with law, and mailed n redemption shall be given to the bank where the bo payable. or after inclusive), hie option of b'ruary 1, tpar and shall in each otice of rids are 6. The bonds and interest coupons to belissued hereunder shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF MENDOTA HEIGHTS No. $5,00 GENERAL OBLIGATION IMPROVEMENT BOND OF 1980 KNOW ALL PERSONS BY THESE PRESENTS that Mendota Heights, Dakota County, Minnesota, certifi indebted and for value received promises to pay to principal sum of FIVE THOUSAND DOLLARS on the first day of February, 19 and to pay int from the date hereof until the p it ncipal is paid a percent annum, payable on the first day of August, 1981 an semiannually thereafter on the first day of Februa first day of August in each year, interest to matu represented by and payable in accordance with and presentation and surrender of the interest coupons attached, as the same severally become due. Both interest are payable at V- n successor a in- agent City of that it is arer the est thereon the rate of %) per y and the ity being ereto incipal and o a y p yII-- -.L appointed by the City, in any coin or currency of t'he United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing on or after February 1, 1991 (bonds numbered 355 to 454, both inclusive), are subject to redemption and prepayment at the optioniof the City in inverse order of serial numbers, on February 1,11990 and on any interest payment date thereafter -'at par and accrued interest. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the bank where the bonds are payable. This bond is one of an issue in the total principal amount of $2,270,000 all of like date and tenor, e'ept as to serial number, maturity, interest rate and redemption privi- lege, which bond has been issued pursuant to and iI full conformity with the Constitution and laws of the State of Minnesota for the purpose of providing money to refund the outstanding General Obligation Temporary ImprovemenIt Bonds of 1978 of the City and to complete the financing of various improvements in the City and is payable out of General Obligation Improvement Bonds of 1980 Fund of the City. This bond constitutes a general obligation of. the City, land to - provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the City have been and dare hereby irrevocably pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution land 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 this bond, together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mendota Heights, Dakota County, Minnesota, by its City Council has Caused this bond to be executed in its behalf by the facsimilelsignature of the Mayor and the manual signature of the City Clerk, the corporate seal of the City having been intentionally omitted as permitted by law, and has caused the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of November 1, 1980. /s/ Facsimile City Clerk Mayor (Form of Coupon) No. ES On the first day of August (February), 1 the bond described below is called for earlier red City of Mendota Heights, Dakota County, Minnesota, bearer at Or any successor paying agent duly appointed by tr sum shown hereon for interest then due on its Gene Obligation Improvement Bond of 1980, No. , November 1, 1980. /s/ Facsimile /s/ Facsimile City Clerk Mayor unless ption, the ill pay to City, the 1 ated 1 7. 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, that one (or both) of the signa- tures and the seal of the City may be printed facsimiles (if the bonds are also signed manually by at least oneisuch officer); and provided further that the corporate seal may be omitted on the bonds as permitted by law. The interest coupons pertaining thereto shall be executed by the printed, engraved or lithographed facsimile signatures of the Mayor and Clerk. 8. The bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the purchaser shall not be obliged. to see to the proper application thereof. 9. (a) There has heretofore been created a "Debt Service Fund" in the "General Obligation Temporary Improvement Bonds of 1978 Account". Said fund was created solely for the purpose of paying the principal and interest on the temporary improvement bonds authorized in the resolution of the City Council dated May 2, 1978 creating said account. Of the `proceeds derived from the Improvement Bonds herein.�authorized, $2,120,000 shall be credit to the Debt Service Fund of the General Obligation Temporary Improvement Bonds of 1978 Account (which sum, together with sums already held in said Debt Service Fund is sufficient to pay all principal and interest to become -due on the $2,120,000 General Obligation Temporary Improvement Bonds of 1978 which mature on May 1, 1981). Upon discharge of said temporary improvement bonds, any balance in and all uncollected special assessments pledged to Isaid Debt Service Fund are hereby pledged and shall be credited to the Debt Service Account of the General Obligation Improvement Bonds of 1980 hereinafter created. (b) There has heretofore been levied special assess- ments for improvements financed by said temporary improvement bonds. The balance of said special assessments levied in 1980 and collectable in 1981 and all assessments collectible thereafter shall be payable in equal, consecutive,lannual installments with general taxes for the years shown below and with interest on the deferred balance of all such installments at the rate of at least 7.00% per annum: Improvement Designation Somerset Park #3 Amount Levy Years $269,986 1981-2000 77-6 South Ridge 77-9 423,097 1981}-2000, Crown Point 77-12 348,710 1981-2d00 Friendly Hills Re. 1,218,273 1981-2001 77-10 Cray Research 78-2 234,853 1981-2001 1 11 . , ,- ..-.9.. _.. 10. There is hereby created a special fund to be designated "General Obligation Improvement Bonds of 11980 Fund" to be held and administered by the City Treasurer separate and apart from all other accounts of the City. The Fund shall be maintained in the manner herein specified until all 1of the bonds herein authorized and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts, to be designated the "Construction Account" and the "Debt Service Account",,respectively. The proceeds hof the sale of the bonds herein authorized, less the $ appropriated to the Debt Service Fund of the General ObgIi anon Temporary Improvement Bonds of 1978 Account, less any accrued interest received on the sale of the bids herein authorized, and less any amount paid for the bonds in excess of $2,247,30;0 plus any special assessments levied with respect to improvements listed in paragraph 11 hereof which are financed by the bonds herein authorized and collected prior to completion of the improve- ments and payment of the costs thereof, shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making the improvements listed" in paragraph 11, including the cost of any construction contracts heretofore let and all other costs incurred and to lie 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; providefd that the bond proceeds 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 assess- ments 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 beitransferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429; and provided further that any special assessments credited to the,Construc- tion Account are hereby pledged and shall be used only to pay principal and interest due on the bonds. There is hereby pledged and there shall be credited to the Debt Service Account (a) all collections of special assessments herein covenanted to be levied in-paragraph 11 and either initially credited to the Construction Account and required to pay any principal and in- terest due on the bonds or collected subsequent to the com- pletion of the improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of t e bonds, (c) all funds paid for the bonds in excess of $2,247300, (d) any collections of all taxes herein levied the payment the bonds; (e) all funds remaining in the Construction Account after completion of the improvements and payment c thereof, not so transferred to the account of anot menta and (f) all funds remaining in or payable to Service Fund of the General Obligation Temporary I Bonds of 1978 Account after provision for payment principal and interest due on the bonds payable tb been made. The Debt Service Account herein create used solely to pay the principal and interest and for redemption of the bonds issued hereunder and a general obligation bonds of the City hereafter iss City and made payable from said account as provide Any sums from time to time held in the Debt Servic any other City account which will be used to pay p interest to become due on the bonds) in excess of under the applicable federal arbitrage regulations invested without regard as to yield shall not be i yield in excess of the applicable yield restrictio said arbitrage regulations on such investments. 11. It is hereby determined that no less the cost to the City of each improvement financed ,herein authorized within the meaning of Minnesota Section 475.58, Subdivision 1(3) shall be paid by assessments to be levied against every assessable and parcel of land benefited by the improvements. hereby covenants and agrees that it will let all co contracts not heretofore let within one year after each improvement financed hereunder unless the res; ordering the improvement specifies a different timi the letting of construction contracts and will do i as soon as they may be done, all acts and things ni the final and valid levy of such special assessment the event that any such assessment be at any time I with respect to any -lot, piece or parcel of land di error, defect, or irregularity, in any action or p: taken or to be taken by the City or this Council ol City officers or employees, either in the making o: assessments or in the performance of any condition thereto, the City and this Council will forthwith further acts and take all further proceedings as m< required by law to make the assessments a valid an( lien upon such property. Subject to such adjustmei required by conditions in existence at the time the are levied, it is hereby determined that the asses: be payable in equal, consecutive, annual installmei general taxes for the -years shown below and with ii the deferred balance of all such assessments at the least 7 % per annum: the costs er improve - the Debt f all refrom has shall be ny premiums y other ed by the by law - Account (or incipal or mounts which may be vested at a* s imp6sed by than 20% of ;y the bonds tatutes, pecial ot, piece The City ,nstruction ordering lution limit for nd perform cessary for s, and in eld invalid e to any oceedings any of the the precedent o all y be binding is as are assessments ments shall ts, with terest on rate of at The tax levies are such that if collected in full they, together with estimated collections of special assess- ments and other revenues herein pledged for the payment of 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. 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(3). 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 inIthe Debt Service Account is ever insufficient to pay ail principal and interest.then due on the -bonds payable therefrom, the deficiency shall be promptly paid out of any otherlfunds of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 13. The City Clerk is hereby directed to !file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such otherlin£ormation as he shall require, and to obtain from the Auditor, his certificate that the bonds have been entered in the Auditor's Bond Register, and that the tax levy required by law has been made. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the .bonds, and to the attorneys approving the legality of the issuance thereof, 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 copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 1. The motion for the adoption of the for resolution was duly seconded by member Lockwood upon vote being taken thereon, the following vot thereof: A11 Yea and the following voted against the same: nonw ing and vor Whereupon said resolution was declared dilly passed and adopted. 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, MinneJta, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on fill 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, I insofar as such minutes relate to the opening and considering of bids for, and awarding the sale of $2,270,000 Geri Obligation Improvement Bonds of 1980 of said City. WITNESS my hand and the seal of said City 3/ day of //Z a.�-:� , 1986. e-XL-� I I/, City C] (SEAL) ral