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77-5836RtS 4 RESOLUTION N0. 5836 ° RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,500,000 GENERAL OBLIGATION REFUNDING BONDS OF 1978 0 BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota as follows: WHEREAS,.-the City is authorized by the provisions of Minnesota Statutes, Section 475.67, (the."Act"), to issue and .sell bonds to refund in advance of their maturity outstanding bonds of the City when determined by the City Council to be necessary and desirable for the reduction of interest cost and the adjustment of maturities of outstanding bonds;. and WHEREAS, the City Council hereby determines that it is necessary and desirable for the reduction of interest costs-and the sound financial management of the City to refund certain outstanding bonds (the "Outstanding. Bonds"j of -the following issues: a} General Obligation Improvement Bonds of 1974, dated -May 1, 1974, of which the aggregate principal amount outstanding is $3,060,000, and b} General- Obligation Improvement Bonds. of 1975,. dated " May 1,-1975, of which the aggregate principal amount outstanding is $4,b00,000, and WHEREAS, all conditions required under the Act exist for the sale of bonds to refund the Outstanding Bonds in advance of their maturity.- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA, AS FOLLOWS: 1. For the purpose of providing moneys to refund the Outstanding Bonds in advance of maturity, the City shall issue and sell its General Obligation Refunding Bonds of 1978 (the "Refunding Bonds") in the principal amount of $6,500,000.. - 2. The Refunding Bonds shall be issued-and sold in advance with the terms of the following Official`Notice of Sale: i OFFICIAL NOTICE OF SALE $6,500,000 General Obligation Refunding Bonds of 1978 City of Richfield Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for .the purchase of $6,500,000,General Obligation Refunding Bonds of the City of Richfield will be received until-11:00 o'clock A.M. on Wednesday, January 4, 1978 at `the office of the City Manager, in the City Municipal Building, 6700 Portland Avenue South, Richfield, Minnesota 55423, at which time the bids will be opened and tabulated for presentation to the City Council for its consideration at a special meeting at 5:00 P.M. that same day. The Bonds will be negotiable coupon, general obligation bonds of the City. and are offered on the following terms: Purposeland Security The purpose of the bonds is to provide funds to refund in advance of their maturity certain''outstanding general obligation bonds of the City. The bonds will be general obligations of the issuer, for which its full faith, credit and ;taxing powers are pledged. Date and Maturities The bonds will be datedl'January 1, 1978, will be in the denomination of $5,000 each, unless other denominations are requested by the purchaser within 48 hours of the award, and will mature on February l in the following years', and amounts: Year 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 Amount $330,000 315,000 300,000 305,000 300,000 285,000 280,000 275,000 265,000 405,000 415,000 Year 1990 1991 1992 1993 1994 1995 1996 1997 Amount $410,000 405,000 405,000 400,.000 395,000 390,000 390,000 230,000 85 The City reserves the right to reduce the principal amount of Bonds maturing in 1979 by an amount not! to exceed $50,000. 00 Redemption Feature All bonds of this issue maturing in the years-1989 to 1997, inclusive, are subject to prior redemption at the option of the City in inverse order of serial numbers on February 1, 1987 and.. any interest payment date thereafter at par. plus accrued interest. • Lnterest Interest on the bonds will be payable on August 1, 1978, and semiannually thereafter on,.each February 1-and August 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate. Rates are to be expressed in multigles'of 5/100 of 1%. No more than 15 rates may be specified and the difference between the highest and lowest rate may not exceed 1%. The City reserves the right't~o specify the coupon rate for each maturity or otherwise limit the bidding provisions at any time prior to 11:00 A.M., C.S.T, Tuesday, January 3, 1978 and in such event will use its best efforts tb notify prospective bidders. Any prospective bidder may register his/her name and address with the Gity's financial consultant, T. G. Evensen & Associates for the purpose of receiving. such notice. Paying Agent Principal and interest will be made payable at a suitable bank recommended by the purchaser and approved by the Council,.-and the City will pay customary charges for this service in advance provided that such recommendation is received within 48 hours after the sale and the City will select the paying agent if the recommendation is not approved. 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 will permit such numbers to be assigned and printed. at the expense of the purchaser, if the purchaser waives any extension: of .the time o£ delivery caused..thereby. Delivery Within 25 days after sale, the City .will furnish and deliver to the office of the purchaser or, at his option, will deposit with a bank in the United States selected by him 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 heir 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 delivery of the bonds, or within five days after deposit with the. delivery agent, in funds available for expenditure by the City on the day of payment. I Legal Opinion ~ An unqualified legal opinion on the bonds will be furnished by Messrs. LeFevere,.Lefler, Pearson, O'Brien & Drawz of 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. the City is obligated and required to levy taxes for any deficiency in amounts necessary for the prompt payment of 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 theltime stated above. Each bid must be unconditional and. must be accompanied by a cashier's or certified check or bank draft. in the amount ', of $130,000, payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium) will be deemed the most favorable. No oral bid and no bid of less than $6,500,000 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 informality in any bid.. BY ORDER OF THE CITY COUNCIL /s/ Thomas J. Moran City Clerk Dated: December 12, 1977 00 3. The City Clerk is authorized and directed to advertise the Refunding Bonds for sale in accordance with the foregoing official notice of sale and to cause the official notice of sale to be published in the manner required by law. The City Council shall meet on Wednesday, January 4, 1978, at 5:30 o`clock p.m, for the purpose of considering sealed bids on the Refunding Bonds and taking any other appropriate action. • Passed by the City Council of the City of Richfield, Hennepin County, Minnesota, this 12th day of December 1977. ATTEST: v. j Thomas J. Mor City Clerk