HomeMy WebLinkAboutResolution - 92-143 - Relating to $1,940,000 G.O. State-Aid Road Bonds Series 1992B Awarding Sale, Fixing Form and Details and Providing for Execution, Delivery and Security - 06/16/1992 Member Jessen introduced the following
resolution and moved its adoption:
RESOLUTION NO. 92-143
RESOLUTION RELATING TO $1, 940,000 GENERAL
OBLIGATION STATE-AID ROAD BONDS, SERIES 1992B;
AWARDING THE SALE, FIXING THE FORM AND DETAILS
AND PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the "City") , as follows:
Section 1 . Authorization and Sale.
1.01. Authorization. By Resolution No. 92-108 , adopted
May 19, 1992, this Council authorized the issuance and called for
the public sale on this date of its General Obligation State-Aid
Road Bonds, Series 1992B (the "Bonds") for the purpose of
financing various state-aid road improvement projects (the
"Improvements") , under and pursuant to Minnesota Statutes, Chapter
162, as amended (the "Act") .
The total cost of the Improvements is now estimated as
follows:
Construction . . . . . . . . . . . . $ 1,558,000
• Design and Inspection . . . . . . . . 342,000
Legal, Fiscal and Administrative . 40,000
Total . . . . . . . . . . . . . . . $ 1,940,000
1.02 . , ale. The City has retained Springsted Incorporated
as independent financial advisors in connection with the sale of
the Bonds . Pursuant to Minnesota Statutes, Section 475 . 60,
subdivision 2, paragraph (9) , the requirements as to public sale
do not apply to the issuance of the Bonds. Springsted
Incorporated has been authorized to prepare a form of Terms of
Proposal for soliciting bids on the Bonds and this Council hereby
ratifies and confirms such Terms of Proposal. Pursuant to such
solicitation, 6 sealed bids for the purchase of the Bonds were
received at or before the time specified for receipt of bids. The
bids have been opened and publicly read and considered, and the
purchase price, interest rates and net interest cost under the
terms of each bid have been determined. The most favorable
proposal received is that of Cronin & Company, Inc. , of
Minneapolis, Minnesota (the "Purchaser") , to purchase the Bonds
at a price of $1,932,240 plus interest accrued on the Bonds to the
date of delivery, the Bonds to- bear interest at the rates set
forth in Section 2 .01 hereof. The proposal is reasonable and
advantageous to the City and is hereby accepted, and the Mayor and
the City Manager are hereby authorized and directed to execute a
contract on the part of the City with the Purchaser for the sale
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of the Bonds . The City Finance Director/Clerk shall deposit the
good faith deposit of the Purchaser in accordance with the Terms
of Proposal but the good faith checks of the unsuccessful bidders
shall be returned forthwith.
1 .03 . Renjtals . All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to
be done, to exist, to happen and to be performed precedent to and
in the valid issuance of the Bonds having been done, existing,
having happened and having been performed, it is now necessary for
this Council to establish the form and terms of the Bonds, to
provide the security therefor and to issue the Bonds forthwith.
Section 2 . Form of Bonds. The Bonds shall be prepared in
substantially the following form:
•
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r ,
[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION STATE-AID ROAD BOND
SERIES 1992B
No. $
Date of
Interest Rate Maturity Date Original Issue CUSIP
July 1, 1992
SEE REVERSE FOR
REGISTERED OWNER: CERTAIN
DEFINITIONS
• PRINCIPAL AMOUNT: DOLLARS
FOR VALUE RECEIVED, THE CITY OF EDEN PRAIRIE, Hennepin
County, Minnesota (the "City") , acknowledges itself to be indebted
and hereby promises to pay to the registered owner named above, or
registered assigns, the principal amount specified above, on the
maturity date specified above, without option of prior payment,
and to pay interest thereon from July 1, 1992, or from the most
recent date to which interest has been paid or duly provided for,
at the annual rate specified above. Interest hereon is payable on
May 1 and November i in each year, commencing November 1, 1992, to
the person in whose name this Bond is registered at the close of
business on the 15th day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon
presentation and surrender hereof at the principal office of the
Registrar described below, the principal hereof are payable in
lawful money of the United States of America by check or draft
drawn on , in ,
, as bond registrar, transfer agent and paying agent,
or its successor designated under the Resolution described herein
(the "Registrar") . For the prompt and full payment of such
principal and interest as the same become due, the full faith,
credit and taxing powers of the City are hereby irrevocably
pledged.
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h
Additional provisions of this Bond are contained on the
reverse hereof and such provisions shall for all purposes have the
same effect as though fully set forth hereon.
. This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Registrar by the manual signature of one
of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin
County, Minnesota, by its City Council, has caused this Bond to be
executed by the facsimile signatures of the Mayor and the City
Manager.
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
Dated:
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
r
as Registrar
By
Authorized Representative
[Reverse of the Bonds)
This Bond is one of an issue in the aggregate principal
amount of $1, 940, 000 (the "Bonds") , issued to finance various
state-aid street improvement project, and is issued pursuant to a
resolution adopted by the City Council on June 16, 1992 (the
"Resolution") , and pursuant to and in full conformity with the
provisions of the Constitution and laws of the State of Minnesota
thereunto enabling, including Minnesota Statutes, Chapters 162 and
475, as amended. The Bond is payable primarily from the 1992
State-Aid Road Bond Sinking Fund (the "Bond Fund") of the City,
but the City is required by law to pay maturing principal hereof
and interest hereon from any available funds of the City if money
on deposit in the Bond Fund is insufficient therefor. The Bonds
are issuable only as fully registered bonds, in denominations of
$5, 000 or any multiple thereof, of single maturities.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon the
books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly
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authorized in writing, upon surrender hereof together with a
written instrument of transfer satisfactory to the Registrar duly
executed by the registered owner or the owner's attorney; and may
also be surrendered in exchange for Bonds of other authorized
denominations. Upon any such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the
transferee or registered owner, of the same aggregate principal
amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or
exchange.
The City and the Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof,
whether this Bond is overdue or not, for the purpose of receiving
payment and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that
all acts, conditions and things required by the Constitution and
laws of the State of Minnesota to be done, to exist, to happen and
to be performed precedent to and in the issuance of this Bond in
order to make it a valid and binding general obligation of the
City according to its terms have been done, do exist, have
happened and have been performed in regular and due time, form and
manner as so required; that prior to the issuance hereof the City
Council has by the Resolution irrevocably pledged and appropriated
to a separate and special sinking fund, to be maintained for the
payment of this and other bonds issued under said Section 162 .18,
• as long as any of such bonds are outstanding, an amount of the
moneys allotted and to be alloted to the City from its account in
the Municipal State-Aid Street Fund of the State of Minnesota
Department of Transportation sufficient to pay when due the
principal of and interest on all such bonds; and in the event that
in any year the moneys so allotted and transferred to the sinking
fund should be insufficient to pay all such principal and interest
due in the following year, the City is obligated to levy a direct,
irrepealable, ad valorem tax upon all taxable property within its
corporate limits for the payment of such deficiency, which levy
may be made without limitation as to rate or amount; and that the
issuance of the Bonds does not cause the indebtedness of the City
to exceed any constitutional or statutory limitation.
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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 UTMA- by. . . . . . .as Custodian for . . . . . .
in common (Cust) (Minor)
TEN ENT -as tenants under Uniform Transfers to Minors Act
by the
entireties . . . . . . . . . . . . . .
(State)
JT TEN -as joint tenants
with right of
survivorship and
not as tenants in
common
Other abbreviations may also be used.
[Following the opinion of Bond Counsel]
We certify that the foregoing is a true copy of the opinion
of Bond Counsel on the issue of Bonds of the City of Eden Prairie,
Minnesota, which includes the within Bond, dated as of the date of
original delivery of and payment for the Bonds .
• (Facsimile Signature) (Facsimile Signature)
City Manager Mayor
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto the within
Bond and all rights thereunder, and hereby irrevocably constitutes
and appoints attorney to transfer the within
Bond on the books kept for registration thereof, with full power
of substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
OF ASSIGNEE: assignment must correspond with
the name as it appears upon the
face of the within Bond in every
particular, without alteration,
enlargement or any change
whatsoever.
SIGNATURE GUARANTEE
Signature (s) must be guaranteed
by a commercial bank or trust
company or by a brokerage firm
having a membership in one
• of the major stock exchanges .
Section 3 . Bond Terms. Execution and Delivery.
3.01. Dates, Maturities, Interest Rates. Denominations
Payment . The City shall forthwith issue and deliver the Bonds,
which shall be denominated "General Obligation State-Aid Road
Bonds, Series 1992B", in the aggregate principal amount of
$1, 940,000. The Bonds shall be dated, as originally issued, as of
July 1, 1992, shall each be in the denomination of $5, 000 or any
integral multiple thereof of single maturities, shall mature,
without option of prior payment, on May 1 in the years and amounts
set forth below, and Bonds maturing in such years and amounts
shall bear interest from July 1, 1992 until paid at the rates per
annum shown opposite such years and amounts as follows:
Year Amount Rate Year Amount Rate
1993 $750,000 3.25% 1998 $50,000 5.00%
1994 400, 000 4.00 1999 50,000 5.15
1995 400, 000 4.20 2000 50,000 5.30
1996 100,000 4.50 2001 50,000 5.50
1997 90, 000 4.75
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The Bonds shall be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond at the principal
office of the Registrar described herein, the principal thereof,
shall be payable by check or draft drawn on the Registrar. Upon
the original issuance of the Bonds to the Purchaser and upon each
subsequent transfer or exchange of a Bond pursuant to Section
3 .03, the Registrar shall date each Bond it delivers as of the
date of authentication.
3. 02 . Interest Payment Dates . Interest on the Bonds shall be
payable on each May 1 and November 1, commencing November 1, 1992,
to the owners of record thereof as such appear on the bond
register at the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business
day.
3 .03. Registration. The City shall appoint, and shall
maintain, a bond registrar, transfer agent and paying agent for
the Bonds (the "Registrar") . The effect of registration and the
rights and duties of the City and the Registrar with respect
thereto shall be as follows :
(a) Register. The Registrar shall keep at its principal
office a bond register in which the Registrar shall provide
for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar
for transfer of any Bond duly endorsed by the registered owner
thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by
the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for
registration of any transfer of any Bond or portion thereof
selected or called for redemption.
(c) Exchange of Bonds. Whenever any Bond is surrendered
by the registered owner for exchange, the Registrar shall
authenticate and deliver one or more new Bonds of a like
aggregate principal amount, interest rate and maturity, as
requested by the registered owner or the owner's attorney duly
authorized in writing.
(d) Cancellation. All Bonds surrendered upon any
transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is
presented to the Registrar for transfer, the Registrar may
refuse to transfer the same until it is satisfied that the
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endorsement on such Bond or separate instrument of transfer is
valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for its
refusal, in good faith, to make transfers which it, in its
judgment, deems improper or unauthorized.
(f) Persons Deemed Owners . The City and the Registrar
may treat the person in whose name any Bond is at any time
registered in the bond register as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual
to satisfy and discharge the liability of the City upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or
exchange of Bonds, the Registrar may impose a charge upon the
owner thereof sufficient to reimburse the Registrar for any
tax, fee or other governmental charge required to be paid with
respect to such transfer or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds . In case
any Bond shall become mutilated or be lost, stolen or
destroyed, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated
Bond or in lieu of and in substitution for any such Bond lost,
stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond lost, stolen or destroyed, upon
filing with the Registrar evidence satisfactory to it that
such Bond was lost, stolen or destroyed, and of the ownership
thereof, and upon furnishing to the Registrar an appropriate
bond or indemnity in form, substance and amount as may be
required by law and as is satisfactory to the Registrar, in
which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be
cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or
destroyed Bond has already matured or been called for
redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment .
(i) Authenticating Agent . The Registrar is hereby
designated authenticating agent for the Bonds, within the
meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
3 .04 . Appointment of Initial Registrar. The City hereby
appoints Norwest Bank Minnesota, N.A. in Minneapoli$ Minnesota ,
as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver a contract with Norwest Bank Minnesota, RA
on behalf of the City. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation
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is a bank or trust company authorized by law to conduct such
business, such corporation shall be authorized to act as successor
Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City
reserves the right to remove any Registrar upon 30 days ' notice
and upon the appointment of a successor Registrar, in which event
the predecessor Registrar shall deliver all cash and Bonds in its
possession to the successor Registrar and shall deliver the bond
register to the successor Registrar. On or before each principal
or interest due date, without further order of this Council, the
City Finance Director/Clerk shall transmit to the Registrar, money
sufficient for the payment of all principal and interest then due.
3.05. Preparation and Delivery. The Bonds shall be prepared
under the direction of the City Finance Director/Clerk and shall
be executed on behalf of the City by the signatures of the Mayor
and the City Manager; provided that said signatures may be
printed, engraved, or lithographed facsimiles thereof. The seal
of the City need not be affixed to or imprinted on any Bond. In
case any officer whose signature, or a facsimile of whose
signature, shall appear on the Bonds shall cease to be such
officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until
delivery. Notwithstanding such execution, no Bond shall be valid
or obligatory for any purpose or entitled to any security or
benefit under this resolution unless a certificate of
authentication on such Bond has been duly executed by the manual
signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of
authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. When
the Bonds have been so executed and authenticated, they shall be
delivered by the City Finance Director/Clerk to the Purchaser upon
payment of the purchase price in accordance with the contract of
sale heretofore made and executed, and the Purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. 1992 State-Aid Road Bond Sinking Fund. There is hereby
created a 1992 State-Aid Road Bond Sinking Fund (the "Bond Fund") ,
to be held and administered by the City Finance Director/Clerk
separate and apart from all other funds of the City and used for
no purpose other than the payment of the principal of and interest
on the Bonds and any additional general obligation State-Aid Road
Bonds hereafter issued under the authority granted by Minnesota
Statutes, Section 162 .18, and directed by the Council to be paid
from the Bond Fund, or the payment from time to time to the United
States of amounts required by Section 148 (f) of the Code. If at
any time moneys in the Bond Fund should be insufficient to pay all
principal and interest due on such bonds, the City Finance
Director/Clerk shall pay the same from any moneys on hand in other
funds of the City and available for such purpose, and the moneys
so used shall be restored to the appropriate funds from the moneys
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next received by the City from the Construction or Maintenance
Account in the Municipal State-Aid Street Fund of the State of
Minnesota Department of Transportation, which are not required for
the payment of additional principal and interest . There is hereby
irrevocably appropriated to the Bond Fund, from the moneys alloted
and to be alloted to the City from its account in the Municipal
State-Aid Street Fund, such amount as shall be sufficient to pay
the principal of and interest on the Bonds, as such principal and
interest respectively become due, on the date and in the amounts
set forth on Schedule A attached hereto.
4 .02 . Full Faith and Credit Pledged. The full faith, credit
and taxing powers of the City shall be and are hereby irrevocably
pledged for the prompt and full payment of the principal of and
interest on the Bonds, and the Bonds shall be payable from the
Bond Fund in accordance with the provisions and covenants
contained in this resolution. It is estimated that the municipal
state-aid street allotments appropriated in paragraph 4 .01 hereof
will produce amounts not less than 5% in excess of the annual
principal and interest requirements of the Bonds. The City
Finance Director/Clerk shall follow the procedure set forth in
Minnesota Statutes, Section 162. 18, Subdivision 4, for obtaining
such funds . If the money on hand in the Bond Fund should be
insufficient to pay principal and interest due on all bonds
payable therefrom, such amounts may be paid from any other fund of
the City and such other fund shall be reimbursed therefor when
sufficient money is available in the Bond Fund. If on October 1
in any year the sum of the balance in the Bond Fund plus the
amount of municipal state-aid street allotments theretofor
appropriated to the Bond Fund and collectible through the end of
the following calendar year is not sufficient to pay when due all
principal and interest to become due on all bonds payable
therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.02,
a direct, irrepealable, ad valorem tax shall be levied on all
taxable property within the corporate limits of the City for the
purpose of restoring such accumulated or anticipated deficiency in
accordance with the provisions of this resolution.
Section 5. Defeasance. When all of the Bonds have been
discharged as provided in this Section 5, all pledges, covenants
and other rights granted by this resolution to the owners of the
Bonds shall cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably
depositing with the 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, the City may nevertheless be discharge its
liability with respect thereto by depositing with the Registrar a
sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. 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 bank qualified by law as an escrow agent for this purpose, cash
or securities which are general obligations of the United States
or securities of United States agencies which are authorized by
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law to be so deposited, bearing interest payable at such times and
at such rates and maturing on such dates as shall be required,
without reinvestment, to pay all principal and interest to become
due thereon to maturity.
Section 6. County Auditor Registration, Certification of
Proceedings and Official Statement.
6.01 . County Auditor Registration. The City Finance
Director/Clerk is hereby authorized and directed to file a
certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as the
County Auditor shall require, and to obtain from said County
Auditor a certificate that the Bonds have been entered on the
County Auditor's bond register and the taxes required by law for
the payment of the Bonds have been levied.
6.02 . Certification of Proceedings . The officers of the City
and the County Auditor of Hennepin County are hereby authorized
and directed to prepare and furnish to the Purchaser and to Dorsey
& Whitney, Bond Counsel to the City, certified copies of all
proceedings and records of the City, and such other affidavits,
certificates and information as may be 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.
6.03 . Official Statement . The Official Statement relating to
the Bonds, dated June 3, 1992, prepared and distributed on behalf
of the City by Springsted Incorporated is hereby approved and the
determination of the City Finance Director/Clerk that the Official
Statement has been deemed final for purposes of SEC Rule
15c2-12 (b) (1) is hereby ratified and confirmed. The officers of
the City are hereby authorized and directed to execute such
certificates as may be appropriate concerning the accuracy,
completeness and sufficiency of the Official Statement and to
deliver to the Purchaser within seven business days after the date
of adoption of this resolution copies of the Official Statement in
accordance with the Terms of Proposal, supplemented so as to
contain the terms of the Bonds as set forth in this resolution and
the reoffering and other information provided by the Purchaser for
inclusion in the Official Statement.
Section 7. Tax Matters .
7 .01 . Use of Improvements . The Improvements and any other
improvements financed pursuant to Section 4 .01 will be owned and
maintained by the City and available for use by members of the
general public on a substantially equal basis. The City shall not
enter into any lease, use or other agreement with any non-
governmental person relating to the use of such improvements or
security for the payment of the Bonds which might cause the Bonds
to be considered "private activity bonds" or "private loan bonds"
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within the meaning of Section 141 of the Internal Revenue Code of
1986, as amended (the "Code") .
7 .02 . General Covenant . The City covenants and agrees with
the owners from time to time of the Bonds that it will not take or
permit to be taken by any of its officers, employees or agents any
action which would cause the interest on the Bonds to become
includable in gross income for federal income tax purposes under
the Code and applicable Treasury Regulations (the "Regulations") ,
and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become includable
in gross income for federal income tax purposes under the Code and
the Regulations.
7 .03. Arbitrage Certification. The Mayor and the City
Manager, being the officers of the City charged with the
responsibility for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the
Purchaser a certificate in accordance with the provisions of
Section 148 of the Code, and Sections 1.103-13, 1 .103-14 and
1 .103-15 of the Regulations, stating that on the basis of facts,
estimates and circumstances in existence on the date of issue and
delivery of the Bonds, it is reasonably expected that the proceeds
of the Bonds will be used in a manner that would not cause the
Bonds to be "arbitrage bonds" within the meaning of Section 148 of
the Code and the Regulations.
7 .04 . Arbitrage Rebate. The City acknowledges that the Bonds
are subject to the rebate requirements of Section 148 (f) of the
Code. The City covenants and agrees to retain such records, make
such determinations, file such reports and documents and pay such
amounts at such times as are required under said Section 148 (f)
and applicable Treasury Regulations to preserve the exclusion of
interest on the Bonds from gross income for federal income tax
purposes, unless the Bonds qualify for the exception from the
rebate requirement under Section 148 (f) (4) (B) of the Code and no
"gross proceeds" of the Bonds (other than amounts constituting a
"bona fide debt service fund") arise during or after the
expenditure of the original proceeds thereof. In furtherance of
the foregoing, the City Finance Director/Clerk is hereby
authorized and directed to execute a Rebate Certificate, dated as
of the date of delivery of the Bonds, and the City hereby
covenants and agrees to observe and perform the covenants and
agreements contained therein, unless amended or terminated in
accordance with the provisions thereof.
7 .05. Information Reporting. The City shall file with the
Secretary of the Treasury, not later than October 15, 1992, a
statement concerning the Bonds containing the information required
by Section 149 (e) of the Code.
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i
Attest : Mayor
City n e Director/Clerk
(SEAL)
r SPRINGSTED
222 South Ninth Street
25
PUBLIC FINANCE ADVISORS lis, 55
Minneapolis, MN 402-3368
(612) 333-9177
Fax: (612) 333-2363
Home Office
85 East Seventh Place 16655 West Bfuemound Road
Suite 100 Suite 290
Saint Paul, MN 55101-2143 Brookfield, WI 53005-5935
(612) 223-3000 (414) 782-8222
Fax: (612) 223-3002 Fax: (414) 782-2904
6800 College Boulevard
Suite 600
Overland Park, KS 66211-1533
(913) 345-8062
Fax: (913) 345-1770
1800 K Street NW
Suite 831
$1,940,000 Washington, DC 20006-2200
(202) 466-3344
CITY OF EDEN PRAIRIE, MINNESOTA Fax: (202) 223-1362
GENERAL OBLIGATION STATE-AID ROAD BONDS, SERIES 1992B
AWARD: CRONIN &COMPANY, INCORPORATED
SMITH BARNEY, HARRIS UPHAM &COMPANY INCORPORATED
SALE: June 16, 1992 Moody's Rating: Al
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
CRONIN&COMPANY, INCORPORATED 3.25% 1993 $1,932,240.00 $220,147.50 4.5918%
SMITH BARNEY, HARRIS UPHAM& 4.00% 1994
COMPANY INCORPORATED 4.20% 1995
4.50% 1996
4.75% 1997
5.00% 1998
5.15% 1999
5.30% 2000
5.50% 2001
PIPER JAFFRAY, INC. 3.30% 1993 $1,932,278.80 $225,940.37 4.7115%
FBS INVESTMENT SERVICES, INC. 4.00% 1994
Robert W. Baird&Company, Incorporated 4.40% 1995
Craig-Hallum, Incorporated 4.70% 1996
4.90% 1997
5.10% 1998
5.30% 1999
5.45% 2000
5.60% 2001
NORWEST INVESTMENT SERVICES, 3.25% 1993 $1,926,420.00 $226,747.50 4.7420%
INCORPORATED 4.00% 1994
MERRILL LYNCH&CO. 4.20% 1995
JURAN&MOODY, INCORPORATED 4.50% 1996
American National Bank Saint Paul 4.80% 1997
lller&Schroeder Financial, Inc. 5.00% 1998
ougherty, Dawkins,Strand&Bigelow, 5.20% 1999
Incorporated 5.40% 2000
John G. Kinnard&Company Incorporated 5.50% 2001
Moore,Juran and Company, Incorporated
Park Investment Corporation (Continued)
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
PRUDENTIAL SECURITIES, INC. 3.25% 1993 $1,924,480.00 $226,735.83 4.7469
DEAN WITTER REYNOLDS INCORPORATED 3.90% 1994
LEHMAN BROTHERS 4.20% 1995
PAINEWEBBER INCORPORATED 4.50% 1996
A.G. EDWARDS&SONS, INCORPORATED 4.70% 1997
5.00% 1998
5.15% 1999
5.30% 2000
5.45% 2001
DAIN BOSWORTH INCORPORATED 3.25% 1993 $1,924,674.00 $229,206.00 4.7993%
4.00% 1994
4.30% 1995
4.55% 1996
4.80% 1997
5.00% 1998
5.20% 1999
5.30% 2000
5.45% 2001
KEMPER SECURITIES GROUP, INC. 3.25% 1993 $1,927,955.20 $237,468.97 4.9633%
4.10% 1994
4.70% 1995
4.90% 1996
5.20% 1997
5.40% 1998 .
5.50% 1999-2001
These Bonds are being reoffered at par.
BBI: 6.52
Average Maturity: 2.46 Years