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92-7922R74 RESOLUTION NO. 7922 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,160,000 GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS, SERIES 1992A BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 465 (Act) and Section 475.67, Subdivision 3, of the Act to issue-and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (b) subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (c) it is necessary and desirable to reduce debt service costs that the City issue $2,160,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A (Bonds) to refund certain outstanding general obligations of the City; (d) the outstanding bonds to be refunded (Refunded Bonds) consist of the $2,525,000 General Obligation Storm Sewer Revenue Bonds, Series 1986A, dated March 1, 1986, of which $2,090,000 in principal amount is currently callable on February 1, 1993. 2. To provide moneys to refund the Refunded Bonds, the City will issue and sell Bonds in the amount of $2,138,400. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $21,600. The excess of the purchase price of the Bonds over the sum of $2,138,400 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: $2,160,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A City of Richfield Hennepin County, Minnesota Resolution No. 7922 Page 2 NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be re~eived in the offices of the Finance Director in Richfield, Min~esota at the time and date specified in a notice distributed by Evensen Dodge, Inc., which notice will be given at least 48 hours before the time set for receiving bids. The purpose of the bonds is to provide funds for refunding the City's $2,525,000 Gene al Obligation Storm Sewer Revenue Bonds, Series 1986A, dated March 1, 1986. The bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged, together with net revenues of the storm sewer, sanitary sewer; and water system of the City. The bonds will be issued in fully registered form, will be dated December 1, 1992, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: Year Amount Year Amount 1994 $ 85,000 2001 $155,000 1995 110,000 2002 165,000 1996 115,000 2003 170,000 1997 125,000 2004 185,000 1998 130,000 2005 200,000 1999 135,000 2006 210,000 2000 145,000 2007 230,000 Redemption The City may elect on'IFebruary 1, 2001 or on any interest payment date thereafter toredeem and prepay bonds of this issue maturing on or after February 1, 2002 at a price of par plus accrued interest to date o~ redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bondswill be payable on August 1, 1993, and semiannually thereafter on leach February 1 and August 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1$. -i Resolution No. 7922 Page 3 Registrar The Bonds will be issued as book entry only securities through The Depository Trust Company. The City Finance Director will be the Registrar/Paying Agent. CUSIP Numbers The City assumes 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 extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and 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 delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon deliver of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City, and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Official Statement The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, shall constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2- 12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an official Bid Form therefor, the City agrees that, no more than seven business days after the date of Resolution No. 7922 Page 4 such award, it shall provid underwriter of the syndicat copies of the Official Stat above. The City designates the syndicate to which the the purposes of distributin Statement to each Participa executing and delivering an the Bonds agrees thereby th (i) it shall accept such de into a contractual relation Underwriters of the Bonds f by each such Participating Statement. A sealed bid shall be i accrued interest on the tot< Bids shall be accompanied b~ in the form of a certified c Surety Bond in the amount o~ the City. If a check is usE Financial Surety Bond is usE company licensed to issue st and preapproved by the City, Evensen Dodge, Inc., prior 1 Financial Surety Bond must Deposit is guaranteed by suc Bonds are awarded to an undE Bond, then that purchaser is Evensen Dodge, Inc., in the check or wire transfer as ii later than 3:30 p.m., Centr< following the award. If su< time, the Financial Surety 1 satisfy the Deposit requires check of the purchaser, the settlement and no interest ~ event the purchaser fails t< amount will be retained by ~ amended after the time set meeting of the City schedulc adjourned, recessed, or con- of the Bonds having been mac multiples of 5/100 or 1/8 0: order. Bonds of the same m. the date of the Bonds to the proposals will be accepted. without cost to the senior managing to which the Bonds are awarded 25 ment and the addenda described the senior managing underwriter of onds are awarded as its agent for copies of the Final Official ing Underwriter. Any underwriter Official Bid form with respect to t if its bid is accepted by the City ignation and (ii) it shall enter hip with all Participating r purposes of assuring the receipt nderwriter of the Final Official or not less than $2,138,400 and .1 principal amount of the Bonds. the Good Faith Deposit ("Deposit") .r cashier's check or a Financial $43,200, payable to the order of :d, it must accompany each bid. If a ;, it must be from an insurance Bch a bond in the State of Minnesota, Such bond must be submitted to .o the opening of the bids. The .dentify each underwriter whose ;h Financial Surety Bond. If the :rwriter using a Financial Surety required to submit its Deposit to form of a certified or cashier's ~structed by Evensen Dodge, Inc. not ~1 Time, on the next business day ;h Deposit is not received by that fond may be drawn by the City to lent. The City will deposit the amount of which will be deducted at rill accrue to the purchaser. In the - comply with the accepted bid, said :he City. No bid can be withdrawn or `or receiving proposals unless the :d for award of the Bonds is :inued to another date without award le. Rates shall be in integral 1$. Rates must be in ascending iturity shall bear a single rate from ;date of maturity. No conditional BY ORDER OF THE CITY COUNCIL /s/ Thomas P. Ferber City Clerk Dated: October 26, 1992. Resolution No. 7922 Page 5 3. Evensen Dodge, Inc. is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet upon proper notice to consider bids on the Bonds and take any other .appropriate action with respect to the Bonds. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October 1992. ~a Martin J. K'~r ch Mayor ATTEST: Thomas P. Ferber -City Clerk