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86-7144R20 RESOLUTION N0. 71.44 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,525,000 GENEP,AL OBLIGATION STORM SEWER REVENUE BONDS,•SERIES 1986A BE IT RESOLVED By-the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined: (a) The City is authorized by Minnesota Statutes, Section 444.075 (Act) to issue and sell its general .obligation (Bonds) to finance all or a portion of the cost of the construction, enlargement and other improvements to its storm sewer system including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of storm water (Facil- ities). (b) The Bonds may be general obligations of the City if the City Council in the resolution awarding the sale of the Bonds covenants that it will impose rates and charges for the use of the Facilities at the times and in the amounts required to produce, together with any other revenues pledged for payment of the Bonds, net revenues (as defined by the Act) adequate to pay all principal and interest when due on the Bonds. (c) ..The City has duly adopted Bill No. 1985-5, (Section 8 of the Richfield Code of Ordinances) providing for a system of rates and charges for the use of the Facil- ities. (d) The Director of Community Services has informed this Council that contracts for the construction and related costs of construction and improvements to the Facil- ities (Project) have been or will be incurred as follows: Project Item* Cost Legion Lake $ 155,000 69th Street 47,300 76th & Washburn Ave. 440,000 66th & %erxes Ave. 189,000 Norby's Pond 1,204,000 Wilson Pond 535,000 Miscellaneous Projects 29,700 Subtotal $2,600,000 Less Citq Contribution (300,000) Balance $2,300,000 Capitalized Interest 155,000 Issuance costs 25,000 Discount bonds 45,000 Grand Total $2,525,000 *includes engineering, administration and 27 contingency costs. (e) It is determined that it is necessary and desirable for the sound financial management of the City and the Facilities th~t the City issue and sell its General Obligation Storm Sewer Revenue Bonds, Series 1986A pursuant to-the Act to finance all or a portion of the costs of the P~Iroject. 2. In order to provide financing for the Project, the City shall therefore issue and sell Bonds in the amount of $2,480,000. In order to .provide in part the additional interest required to market. the Bonds at this time, addi~~tional Bonds shall be issued in the amount of $45,000. Any excess of ''the purchase price of the Bonds over the sum of $2,480,000 shall be credited to the debt service fund for the Bonds for the purpose of p~,aying interest first coning due on such additional Bonds. -The Bonds shall be issued: and sold in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $2,525,000 General Obligation Storm Sewer Revenue Bonds, Series 1986A City of Richfield .Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Richfield, Minnesota, will receive and open sealed bids for the pur- chase of $2,525,000 general obligation storm sewer revenue bonds of the City until 2:00 p.m. on Monday, March 10, 1986 in the office of the City Manager, 6700 Portland Avenue South, Richfield, Minnesota, at which time the bids will be opened and tabulated for presentation to the City Council at a regular meeting at 7:00 p.m. on the same day. Purpose and Security .The purpose of the bonds is to provide funds for the finan- cing of various improvements to the storm sewer system of the City. The bonds will be general obligations of the issuer, 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. Date and Maturities The bonds will be issued in fully registered form, will be dated March 1, 1986, will be in integral multiples of $5,000 each and will mature on February 1 in the following years and amounts: Year Amount Year Amount 1988 $60,000 1998 $120,000 1989 65,000 1999 125,000 1990 70,000 2000 135,000 1991 75,000 2001 150,000 1992 80,000 2002 160,000 1993 85,000 2003 170,000 1994 90,000 2004 185,000 1995 95,000 2005 200,000 1996 100,000 2006 215,000 1997 110,000 2007 235,000 Redemption The bonds are subject to redemption and prepayment, in whole or in part, at the election of the City, on February 1, 1992 and any interest payment date thereafter at their principal amount and accrued interest to date of redemption plus a premium expressed aS a perCerit- age of the principal amount to be redeemed for the various redemption dates as follows: Redemption Date Premium February. 1, 1992 and A~gust 1, 1992 27 February 1, 1993 and Aulgust 1, 1993 1.57 February 1, 1994 and Aul gust 1, 1994 17 February 1, 1995 and i August 1, 1995 .57 February 1, 1996 and th'~ereafter none If redemption is in part those bonds remaining unpaid which have the latest maturity date will b'ie prepaid first. If only a part of the Bonds having a common maturity date are called for prepayment the specific bonds to be prepaid'~will be chosen by lot by the Registrar.. Interest Interest on the bonds will be payable on February 1, 198?. and semiannually thereafter, on each August 1 and Februarv 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, ur_iform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/8 or',1/20 of 17, and no rate of interest nor the net effective average mate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Paying Agent The City will, prior to the sale, name the Registrar which shall be subject to applicable SEC regulations. Principal will be payable at the principal office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for the services of the Registrar. CUSIP 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'wi11 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 the sale, the City will furnish and deliver to the office of the purchaser or, at its cption, 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 pend- ing. 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 delivery of the 'bonds in funds available for expenditure by the City on the day of payment. Delivery is expected to be made on or about April 15, 1986. Legal Opinion A.T unqualified legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion of Minneapolis, 2~innesota. The legal opinion will be printed or. 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 obligated and required to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of X50,500, payable to the City Finance Coordinator, to be retained by the City as liquidated damages if the proposal is accepted and the bidder fails to comply therewith. The check will be deposited by the City and deducted from the purchase price at the time of delivery of the Bonds. The bid authorizing the low=est net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $2,525,000 offered for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,480,000 for principal 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 infor- mality in any bids. BY ORDER OF THE CITY COUNCIL /s/ Thomas Ferber City Clerk Dated: February 10, 1986. 3. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing- Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The City Council shall meet on Monday, March 10, 1986, at 7:00 o'clock p.m. for the purpose of considering bids on the Bonds and taking any other appropriate action. 4. In the resolution awarding the sale of the Bonds the City will make the covenants regarding payment of the Bonds required by the Act. EXHIBIT A NOiTICE OF BOND SALE $2,525,000 GENERAL OBLIGATION STORM SEWEP.~~REVENUE BONDS, SERIES 1986A CITY O~iF RICHFIELD., MINNESOTA HENNEPIN COUNTY Sealed bids for the above bonds will be received until 2:00 p.m. C.T. on Monday, ~i March I0, 1986 in the office of the City Manager at city hall, 6700 Portland Avenue South, Richfield, Minnesota,, at which time the bids will be tabulated for presentation to the City~'Council at a regular meeting at 7:00 P.M. cr. that date. The Bonds will be dated March 1, 1986, will bear interest payable semiannually on each February 1 and August 1 to maturity, commencing Februar',y 1, 1987, and will mature on February 1 in the amounts and years as follows: Year Amount Year Amount 1988 $60,000 I 1998 $120,000 1989 65,000 I 1999 125,000 1990 70,000 2000 135,000 1991. 75,000 ' 2001 150,000 1992 80,000 2002 160,000 1993 85,000 ', 2003 170,000 1994 90,000 ', 2004 185,000 1995 95,000 2005 200,000 1996 100,000 ' 2006 215,000 1997 110,000 ! 2007 235,000 Bonds maturing after February 1, 1992 will be subject to redemption and prepayment on that date,and on any interest payment date there- after at a price of par plus~l accrued interest to the date of redemp- tion, plus a premium ranging ',from 2~ in 1992 to OZ in 1996. No rate of interest nor the rnet effective rate of the issue may exceed the maximum rate permitted by law. Proposals must specify a price of not less than $2,480,000 plus accrued interest. A legal opinion on the Bonds will be furnished ''by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The proceeds of the Bonds will be used to finance the costs of various storm sewer improvement projects in the City. Prospective purchasers should be aware that the Official Iv'otice of Sale for the Bonds to be contained in the Official Statement for the offering may contain additional provisions relating to the Bonds and conditions regarding their s',ale. The Official Notice of Sale will control the terms and conditions of the sale of the Bonds. BY ORDER OF THE CITY COUNCIL Dated: February 10, 1986. /s/ Thomas Ferber City Clerk Passed by the city council of the City of Richfield this 10th day of February 1986. ATTEST: Thomas P. Ferber. ~ City Clerk