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HomeMy WebLinkAboutResolution - 88-241 - Relating to $9,800,000 General Obligation Improvement Bonds, Series 1988; Calling for the Public Sale Thereof - Member Pidcock introduced the following resolution and moved its adoption : Resolution No . 88-241 RESOLUTION RELATING TO $9 , 800, 000 GENERAL OBLIGATION IMPROVEMENT BONDS , SERIES 1988 ; CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota ( the City) , as follows : 3. . Authorization_ . It is hereby determined that it is necessary for the City to issue and sell its General Obligation Tmprovement Bonds , Series 1988 in the principal amount of $9, 800 , 000 ( the Bonds) to finance various local improvement projects being undertaken by the City pursuant to Minnesota Statutes , Chapter 429 . $147 , 000 of the principal amount of the Bonds represents interest as provided in Minnesota Statutes , Section 475 . 56 . It is hereby determined that the City Finance Director/Clerk shall receive and open sealed bids for the purchase of the Bonds on December 13 , 1988 , at 4 :00 o ' clock r P .M. , and this Council shall meet at 4 : 00 o ' clock P . M . that same date to award the sale . 2 . Sale . The City Finance Director/Clerk is hereby authorized and directed to cause notice of the time , place and purpose of said sale to be published at least ten days in advance of the bid opening in the Eden Prairie News , a legal newspaper having general circulation in the City, and in a periodical published in Minneapolis , Minnesota , giving financial news and of general circulation throughout the State , which notice shall be in substantially the following form : i NOTICE OF BOND SALE $9 , 800 , 000 GENERAL OBLIGATION IMPROVEMENT BONDS , SERIES 1988 CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City of Eden Prairie , Minnesota , will receive sealed bids for the purchase of $9 ,800 , 000 General Obligation Improvement Bonds , Series 1988 , of the City (the Bonds ) , at the City Hall in Eden Prairie, Minnesota , until 4 : 00 p . m . on Tuesday, December 13 , 1988 , at which time the bids will be opened and tabulated . The City Council will meet at 4 : 00 p .m. the same day to consider such bids and award the sale of the Bonds . The Bonds will be issued for the purpose of financing local improvements within the City. The Bonds will be issuable as fully registered bonds of single maturities , in denominations of $5 , 000 or any integral multiple thereof , will be dated , as originally issued, as of December 1 , 1988 , and will mature on February 1 in the following years and amounts : Year Amount Year Amount 1990 $1 , 000 , 000 1998 $600 , 000 1991 950 , 000 1999 550 , 000 1992 900 1000 2000 500 , 000 1993 850 , 000 2001 450 , 0 0 G 1994 800 , 000 2002 400 , 0()0 1995 750 , 000 2003 350 , 000 1996 700 , 000 2004 350 , 000 1997 650 , 000 The City will select a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent . Interest will be payable on each February 1 and August 1 , commencing August 1 , 1989 , to the registered owners of the Bonds appearing of record in the Bond Register as of the 15th day of the immediately preceding month . A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from Spri.ngsted , Inc . , 85 E . 7th Place, Suite 100 , St . Paul , Minnesota 55101 ; telephone 6 12-223-3 000 , financial consultants to the City . Dated : November 1 , 1988 . BY ORDER OF THE CITY COUNCIL John Frane City Finance Director/Clem City of Eden Prairie , Minnesota -2- 3 . Terms and Conditions of Sale . The following statement of Terms and Conditions of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds and such terms and conditions are hereby authorized to -De incorporated in material distributed to prospective bidders for the Bonds : -J_ TERMS AND CONDITIONS OF SALE $9 , 800 , 000 GENERAL OBLIGATION IMPROVEMENT BONDS , SERIES 1988 CITY OF EDEN PRAIRIE, MINNESOTA Sealed bids for the purchase of $9 , 800 , 000 General Obligation Improvement Bonds , Series 1988 (the Bonds) of the City of Eden Prairie, Minnesota (the City) will be received at the office of the City Finance Director/Clerk , until 4 : 00 p .m. , on Tuesday, December 6 , 1988 , when they will be opened, read and tabulated . The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 4 : 00 P. M . on the same date . This is a statement of the terms and conditions upon which the bids for the Bonds will be received , the sale thereof awarded and the Bonds issued . PURPOSE The Bonds will be issued for the purposa of financing the cost of construction of local improvements within the City, in accordance with the provisions of Minnesota Statutes , Chapters 429 and 475 . TYPE , DENOMINATION AND MATURITIES The Bonds will bear a date of original issue as of December 1 , 1988 , will be in fully registered form and in denominations of $5 , 000 or any integral multiple thereof , of single maturities , and will mature on February 1 in the following years and amounts : Year Amount Year Amount 1990 $1 , 000 , 000 1998 $600 , 000 1991 950 , 000 1999 550 , 000 1992 900 , 000 2000 500 , 000 1993 850 , 000 2001 450 , 000 1994 8001000 2002 400 , 000 1995 750 , 000 2003 350 , 000 1996 700 , 000 2004 350 , 000 1997 650 , 000 -4- INTEREST PAYMENT DATES AND RATES Interest will be payable on August 1 , 1989 and semiannually thereafter on each February 1 and August 1 , to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate , not exceeding the rate specified for Bonds of any subsequent maturity . Each rate must be expressed in an integral multiple of 5/100 or 1/6 of 1% , not exceeding the rate specified for Bonds of any subsequent maturity . BOND REGISTRAR, TRAINSFER AGENT AND PAYING AGENT The City will designate and contract with a bank, financial institution or trust company to act as Bond Recistrar , Transfer Agent and Paying Agent ( the Registrar ) . The Bond Register will be kept , principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar . The City will. pay the reasonable and customary charges of the Registrar for such services . The City reserves the right to remove the Registrar and appoint a successor . DELIVERY Within 40 days after the sale , the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar , at least five business days before delivery of the Bonds , of the persons in whose names the Bonds will be initially registered and the authorized denominations of the Bonds to be originally issued . If notification is not received by that date , the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds . On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described , an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or , to the best knowledge of c f f icers of the City, threatened . Payment for the Bcnds must be received by the City at its designated dencs itarry on the date of closing in immediately available funds . -5— LEGAL OPINION An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis , Minnesota and will be printed on the Bonds . The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms , except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors ' rights . QUALIFIED TAX-EXEMPT OBLIGATIONS The Bonds will be designated by the City as "Qualifi: d Tax-Exempt Obligations" within the meaning of Section 265 ( b) (3 ) of the Internal Revenue Code of 1986 , as amended . TYPE OF B I D AND AWARD Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids . Each bid must be unconditional . A good faith deposit in the amount of $98 , 000 must be submitted with each bid . The good faith deposit must be in the form of a certified or cashier ' s check or bark draft payable to the City Finance Director/Clerk . The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith . The good faith deposit will be returned to the purchaser at the closing for the Bonds . The bid authorizing the lowest net interest cost (total interest from date of Bonds to 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 $9 , 653 , 000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid . CUS I P NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser , if the purchaser waives any delay in delivery occasioned thereby. -6- Information for bidders and bidding forms may be obtained from the undersigned or from Springsted , Inc . , 85 E . 7th Place, Suite 100 , St . Paul , Minnesota 55101 ; telephone 612-223-3000 , financial consultants to the City . Dated : November 1988 . BY ORDER OF THE CITY COUNCIL John F r ane City Finance Director/Clerk City of Eden Prairie , Minnesota -7- i 4 . Official Statement . The City Finance Director/Clerk and other officers of. the City, in cooperation with Springsted, Inc . , financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds . Such official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for , and terms and conditions of , the Bonds . / M oz Attest : -4&L �Ay-Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon , the following voted in favor thereof : and the following voted against the same : whereupon said resolution was declared passed and adopted, t signed by the Mayor and his signature attested by the City i Finance Director/Clerk . -9-