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HomeMy WebLinkAboutResolution - 398 - Sale of $1,950,000 G.O. Improvement Bonds - 02/09/1971 CERTIFICATION OF MINUTES RELATING TO $1 ,950 ,000 GENERAL OBLIGATION WATER AND SEWER BONDS RESOLUTION NO. 3SP, Issuer: Village or Eden Prairie, Minnesota Governing body: Village Council Find, date, time and place of meeting: a regular meeting held in the Village Hall on Febru::ry 9, 1971 , at 7: 30 P.M. Members present: Robert J. L.ieb, Ralph J. Nesbitt, David W. Osterhol t, Rolf E . Haugen and Paul R. Redpath Members absent: done Documents attached: ilinutes of said meeting (pages) : 2 RESOLUTION PROVIDING FOR PUBLIC SALE OF GENERAL OBLIGATION WATER AND SEWER BONDS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certi- ficate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in Ely legal cus- tody, :From which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said cor- poration, and correct and complete copies of all resolutions and other actions Laken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body a t the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such ,recording officer this 10 day of February 19 71 Signatur Edna Ho_lmgren ,_Village Clerk Name and Title RESOLUTION 398 fRa1ph J . Nesbitt introduced the following resolution and moved its adoption: RESOLUTIONi PROVIDING FOR PUBLIC SALE OF GENERAL OBLIGr,TION VATER AND SMER BONDS bE IT PX-SOLVED by the Council of the Village of Eden Prairie, Pinnesota, as follows: 1. This Council shall meet at the time and place specified in, the forte of notice hereinafter contained for the purpose of receiving sealed bids for and award- ing the sale of $1,950,04G General Obligation Water and Sewer Bonds of the Village; comprising $1,915,000 principal amount of bonds to be issued for the purpose of acquisition and betterment of waterworks and sewerage system improvements; and $35,000 principal amount of additional bonds of the SaMe series ro be issued pur- suant to linnesota Statutes, Section 475.53 , in evidence of a part of the interest to be contracted to be paid on the bones. 2. The Clerk is authorized ane. :. rected to cause notice of the meeting to be published in t1ie official newspaper of ti.ie �-illage and in the Commercial West, published at i inneapol_is, Minnesota, in su::,staiiti.ally the following form: a� ILDTICE Or SALE $1.,950,000 General Obligation Water and Sewer bonds Village of Eden Prairie, IiiL:nesota The Council of the Village of Eden Prairie, Hennepin County, ili.nnesota, will meet at the Village Ball on Tuesday, March 9, 1971 , at 8 : 00 o 'clock P.11. , Central Standard Time, to receive, open arid consider bids for the purchase of $1,950,000 General Obligation Water and Sewer Bondu of the V:Lllage on the followin- terms Date and �ia4uriLies The bonds will be dated April 1, 1971, will be in denomination of $5,000 each, and will mature on January I in the following years and amounts: Yoar AicLount Year Amount 1974 $ 60,000 1981 $170,000 1975 100,000 1982 170,000 1976 100,000 19I'S3 190,000 1977 130,000 1984 200 ,000 1978 130,000 1985 200,000 1979 150,000 1.906 200,000 1980 150,000 Redemption Feature Bonds maturing in the years 1931 through 1986 will each be subject to redemption and prepayment at the option of the Village and in inverse numerical order, on January 1., 1980, and any interest payment date thereafter, at lGl% of par, plus accrued in- terest. Interest Interest on the bonds will be payable on January 1, 1972, and semiannually there- after on each July 1 and January 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Not more than five interest rates play be specified for the issue. Each rate must be in an integral multiple of 5/100 of 1%. No rate may exceed 7% and the net interest cost may not exceed an average annual rate of 7%. 110 supplemental or "B" coupons will be permitted. Paying F.gent Principal and interest will be made payable at any suitable bank in the United ',t ates designated by the successful bidder within 48 hours after award of sale, sub- ject to approval by the Council, and the Village u ill pay the reasonable and custom- ary paying agency charges. i �z_ e Delivery Within 45 days after sale, the Village will furnish and deliver at the office of the purc1aser or, at his option, vill deposit with r Dank in the United States selected by him ani approved by the Village as its agent to permit examination by and to de- liver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any :.canner questioning their validity is then threatened or Pending. The charge of the de- livcry a;ent must be paid by the purchasers but all other costs will be pall by the Village. The purchase price must be paid upon delivery, or within five days after deposit with the delivery agents in funds available for expenditure by the Village on the day of pay-ment. Le.-al Opinion The bonds are offered subject to the approving opinion of Dorsey, Marquart, ?•find-- horst, Ucst & Iialladay, of tinneapolis, iNtinnesota, that they are valld general obligations of the Village in accordance with their terms, and that all taxable property within the corporate limits of the Village is subject to the levy of a tax for their payment, without limitation as to rate or amount. A copy of the opinion will be printed on the bonds if desired. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be rece-lved before the time of the meeting . Each bid must be unconditional and mutt be accom- panied by a cashier 's or certified check or bank draft in the amount of $39,000, payable to the Village Treasurer, to be retained by the Village as liquidated dam- ages if the bid Is accepted and the bidder fails to comply therewith. The bid offering the lowest net interest cost (total interest from the date of the bonds to their stated maturities , less any cash premium or plus any discount) will be deemed the most favorable. Wo oral bid and no bid of less than $1,915,000 plus accrued interest on all of the bonds will be considered, and the Village reserves the right to reject any and all bids and to waive any informality in any bid. Dated February 9, 1971. BY ORDER OF THE VILLAGE COUNCIL NRS. EDi3A IIOUIGREN Village Clerk Eden Prairie Village Hall 8950 Eden Prairie Road Eden Prairie, Ziunesota 55343 -3- '}Y 3. The Lerras and provisions of the above notice of sale are adopted and confirmed as and for the terms and conditions of the bonds above described and of the receipt and consideration, of bids for the purchase thereof. The motion for the adoption of the foregoing resolution was duly seconded by Paul Redpath and upon vote being taken thereon, the following voted in favor thereof : Robert J. L i eb, Ralph J. Nesbitt, David W. Osterhol t, Rolf E. Haugen and Paul R. Redpath and the folloiing vote; against the same: None whereupon the resolution was declared duly passed and adopted. David W. Osterholt, Mayor ATTEST : dna M. Holmgr�n, C16-�k SEAL. -4- CI RTI FI.CATION OF MINUTES RELATING TO $1 ,950 ,000 GENERAL OBLIGATION WATER AND SEWER BONDS Resol uti on No. 39B Issuer: Village of Eden Prairie , Minnesota Governing body: Village Council Kind, date, time and place of meeting: a regular meeting held in the Vi 1 lage Hal I on Febru":ry 9, 1971 , at 7 : 30 P.M. Members present: Rober t J. L-i eb, Ral ph J. Nesbi tt , Davi d W. 0 sterhol t, Rol f E. Haugen, and Paul R. Redpath Members absent: Nome Documents attached: Minutes of said meeting (pages) : 2 RESOLUTION PROVIDING FOR PUBLIC SALE OF GENERAL OBLIGATION WATER AND SEWER BONDS i a I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certi- ficate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said eprporation in my legal cus— tody, from which they have been transcribed; that: said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said cor— poration, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 10 day of February , 19 71 Signature Edna Holmgren , Village Clerk Name and Title RESOLUTION NO. 398 Ralph J. Nesbitt introduced the following resolution and moved its adoption: RESOLUT1014 PROVIDING FOR PUBLIC SALE OF GENERAL OBLIGATION wATER AND SaIER BONDS BE IT RESOLVED by the Council of the Village of Eden Prairie, Piinnesota, as follows : 1. This Council shah meet at the time and place specified in the form of notice hereinafter contained for the purpose of receiving sealed bids for and award- ing the sale of $1.,950,000 General Obligation 1?ater and Sewer Bonds of the Village; comprising $1,915,000 principal amount of bonds to be i3sued for the purpose of acquisition and betterment of waterworks and sewerage system improvements, and $35,000 principal amount of additional bonds of the sa*_ne series to be issued pur- suant to liinnesota Statutes, Section 475.50, in evidence of a part of the interest to be contracted to be paid on the bonds. 2. The Clerk is authorized ane directed to cause notice of the meeting to be published in the official newspaper of the ".7illage and in the Commercial West, published at i.:inneapolis, iiinnesota, in su::)staatially the following form: i -1•- NOTICE OF SALE $1,950,000 General OL11-ation tlater_ and Sewer Londs Village of Eden Prairie, 11ianesota The Council of the Village of Eden Prairie, Hennepin County, 11innesota; will meet. at the Vi11a e hall on Tuesday, March 9, 19,1 , at 8: 0 o 'cl P. , Central Standard Time; to receive, open arid consider bids for the purchase of $1,950,000 General Obligation Water and Sewer lsonds of the Village on the following t e rL:s . Date and "riaturities The bonds will be dated 1.pril 1, 1971, will be in denomination of $5,000 each, and trill mature on January 1 in the following years and amounts : Year A.aount Year Amount 1974 $ 60,000 1961 $170,000 1975 100,000 1982 170,000 19;6 100,000 1963 190,000 1977 1n0,G00 1984 200,000 1978 130,000 1985 200,000 1979 150,000 19�6 200,000 1980 1503000 Re6e,:Lp tion Feature Bonds maturing in the years 1981 through 1986 will each be subject to redemption and prepayment at the option of the Village and in inverse numerical order, on January 1,, 1930, and any interest payment date thereafter, at 101% of par, plus accrued in- terest . Interest Interest on the bonds will be payable on January 1, 1972, and semiannually there- after on each July 1 and January 1 . All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for boL:ds of any subsequent maturity. 1Jot more than, five interest rates rjay be specified for the issue. Each rate must be in an integral multiple of 5/100 of 1%. No rate way exceed 7% and the net interest cost may not exceed an average annual rate of 7%. 14'o supplemental or "B" coupons will be permitted. Paying; Agent Principal and interest will be made payable at any suitable bark in the United states designated by the successful bidder within 48 hours after award of sale, sub- ject to approval by the Council, and the Village will pay the reasonable and custom- ary paying agency charges. -2- t Delivery tvitili.n 45 days of cer sale, the Village will furnish and deliver at the office of the purchaser or, at his option, will deposit with a Dank in the United States selected by him and. approved by the Village as its agent to permit exa:iiriation by and to de- liver to thy: purchaser, the printed acid executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the de- livery agent must be paid by the purchaser, but all other costs will be paid by the Village. The purchase price rust be paid upon delivery, or within five days aater deposit with the delivery agent, in funds available for expenditure by the Village on the day of payment. Legal Opinion The bonds are offered subject to the approving opinion of Dorsey, A;arquart, Wliad- ho:ist, West & iialladay, of ciinneapolis, Minnesota, that they are valid general obligations of the Village in accordance with their terms , and that all taxable property within the corporate limits of the Village is subject to the levy of a tart for their payment„ without limitation as to rate or amount. A copy of the opinion will be printed on the bonds if desired. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received before the time of the meeting. Each bid must be unconditional and must be accom- panied by a cashier's or certified check or bank draft iu the amount of $39,000, payable to the Village Treasurer, to be retained by the Village as liquidated dam- ages if the bid is accepted and the bidder fails to comply therewith. 'tie bid offering the lowest net interest cost (total interest from the date of the bonds to their stated maturities, less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $1,915,000 plus accrued interest on all of the bonds will be considered, and the Village reserves the right to reject any and all bids and to waive any informality in any bid. Dated February 9, 1971. BY ORDER OF THE VILLAGE COUNCIL MRS . EDNA IIOLAiCREN Village Clerk Eden Prairie Village Hall 3950 Eden Prairie Road Eden Prairie, Pinnesota 55343 -3- i 3. The terms and provisions of the above notice of sate are adopted and confirmed as and for the terms and conditions of the bonds above described anci of the receipt and consideration of bids for the purchase thereof. The motion for the adoption of the foregoing resolution was duly seconded. by Paul Redpath , and upon vote being taken thereon, the following voted in favor thereof: Robert J. Li eb, Ralph J. Nesbitt , David W. Osterhol t, Rolf E. Haugen and Paul R. Redpath and the following voted against the same: None whereupon the resolution was declared duly passed and adopted. 6", David W. Osterhol t, Mayor ATTE ST: i y - � Edna M. Holmgren, Cler SEAL -4-