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HomeMy WebLinkAboutCCRes_82-44RESOLUTION 82-44 The Council proceeded to consider and discuss the bids, after which member Larson introduced the • following resolution and moved its adoption: RESOLUTION ACCEP`PING BID ON SALE OF $225,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 AND PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council of the City of Falcon Heights, Minnesota, as follows: ~_ 1. The bid of American National Bank & Trust Co. to purchase $225,000 General Obligation Improvement Bonds of 1982. of the City, in accordance-with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 222 , 300 is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and the bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. The bonds shall be payable as to principal and interest at the American National Bank & Trust Company in St. Pau1,_Mi_nnesota or any .successor paying agent duly appointed by the City. 2. The $225,000 negotiable coupon general obligation bonds of the City shall be dated October 16, 1982 and shall be • issued forthwith. The bonds shall be 45 in number and numbered from 1 to 45, both inclusive, in the denomination of $5,000 each. The bonds shall mature serially, lowest numbers first, on March 1 in the amount of $25,000 in each of the years 1985 to 1993, both inclusive. 3. The bonds shall provide funds for the construc- tion of various improvements in tYie City. The total cost of the improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the bonds herein authorized. Work on the improvements shall proceed with due diligence to completion. 4. The bonds shall mature in the years and bear the serial numbers set forth below, and shall bear interest payable March 1, 1983 and semiannually thereafter on September 1 and March 1 of each year at the respective rates per annum set opposite the maturity years and serial numbers: Maturity Years Serial Numbers Interest Rate 1985 1-5 7.00% • 1986 6-10 7 , 25% 1987 11-15 7.50% 1988 16-20 ~ 7.75% 1989 21-25 8.00% 1990 26-30 8.20% 1991 31-35 8.40% 1992 36-40 8.60% ' _ 1993 41-45 8.80% 5. All bonds of this issue maturing in the years 1991 to 1993, both inclusive (bonds numbered 31 to 45, both inclusive), shall be subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1990 and on any interest payment date thereafter at par ahd accrued interest, plus a premium of $75.0.0 per bond called. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the bank where the bonds are payable. 6. The bonds and interest coupons to be issued hereunder shall be in substantially .the following form: • • ~,- 7. The bonds shall be executed on behalf of the City by the signatures of its Aiayor and Cler]c and be sealed with the seal of the. City; provided, that one (or both) of the signatures and the seal of the City may be printed facsimiles • (if the bonds are also signed manually by at least one such officer); and provided further that the corporate seal may be omitted on the bonds as permitted by law. The interest coupons pertaining thereto shall be executed by the printed, engraved or lithographed facsimile signatures of the Mayor and Clerk. 8. The bonds when so prepared and executed shall be delivered by the Treasurer to t'ne purchaser thereof upon receipt of the purchase price, and the purchaser shall not be obliged to see to the proper application thereof. 9. There is hereby created a special fund to be designated "General Obligation Improvement Bonds of 1982 Fund" to be-held and administered by the City Treasurer separate and apart, from all other accounts of the City. The Fund shall be - maintained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts, to be designated the "Construction Account" and the "Debt Service Account", respectively. The proceeds of the sale of the bonds herein authorized, less any premium and accrued interest received thereon, and less any amount paid for the bonds in excess of $220,600, and less capitalized interest in the amount of $ 6,703.12 (subject to such adjustments as are appropriate to provide sufficient funds to pay interest due on the bonds on or before September 1, 1983), plus any special • assessments levied with respect to improvements financed by the bonds and collected prior to completion of the improvements and payment of the costs thereof, shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making the improvements listed in paragraph 10, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the bond proceeds may also be used to the extent necessary to pay interest on the bonds due prior to the anticipated date of commencement of the collection special assessments herein covenanted to be levied; and provided further that if upon completion of the improvements there shall remain any _ unexpended balance in the Construction Account, the balance • • (other than any special assessments) may be transferred by the ,~ Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429; and provided further that any special assessments credited to the • ~ Construction Account are hereby pledged and shall be used only to pay principal and interest due-an the bonds. There is hereby pledged and there shall be credited to the Debt Service Account (a) all collections of special assessments herein covenanted to be levied and either initially credited to the Construction Account and required to pay any principal and in- terest due on the bonds or collected subsequent to the com- pletion of the improvements and payment of the costs thereof; (b) all accrued interest received upon. delivery of the bonds, (c) all funds paid for the bonds in excess of $220,600, (d) capitalized interest in the amount of $6,703.12 (subject to such adjustments as are appropriate to provide sufficient funds to pay interest due on the bonds on or before September 1, 1982), (e) surplus monies in the state-aid road fund of the City which are hereby pledged for the payment of the bonds - .issued hereunder, (f) any collections of all taxes which may hereafter be levied in the event that the state-aid monies and special assessments herein pledged to the payment of the principal and interest on the bonds are insufficient therefor; and (g) all funds remaining in the Construction Account after completion of the improvements and payment of the costs thereof, not so transferred to the account of another improvement. The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums - for redemption of the bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the • City and made payable from said account as provided by law. Any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable, yield restrictions imposed by said arbitrage regulations on such investments. 10. It is hereby determined that no less than 20% of the cost to the City of each improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land • - _. ._ _. - • • • benefited by the improvements. The City hereby covenants and agrees that it will let all construction contracts not here- tofore let within one year after ordering each improvement financed hereunder unless the resolution ordering the improvement specifies a different time limit for the letting of construction contracts and will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to . any lot, piece or parcel of land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes,. Section 475.55, Subdivision 3, the assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at th° time the assessments are leable~in elu lereby determined. that the assessments shall be pay q consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greateertannum e maximum permitted by law and not less than 1Q _~ p Improvement Levy Years Designation Amount - 1982/1991 Pascal $143,816:.80 At the time the assessments are in fact .levied the City Council shall, based on the then current estimated col- lections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. . 11. The special assessments are such that ' collected in full they,. together with other revenues - ~ ~ pledged for the payment of the bonds, will produce a five percent in excess of the amount needed to meet • • the principal and interest payments on the bonds. if herein t least when due 12. For the prompt and full payment of the principal and interest on the bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 13. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain from the Auditor his certificate that the bonds have been entered in the Auditor's Bond Register. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the bonds as the same appear from t'ne books and records under their custody and control or as othentise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded by member Eggert and upon vote being taken thereon, the following voted in favor thereof Warkentien, Larson, Eggert, Ciernia and the following voted against the same: None (Member Chestovich being absent) Whereupon said resolution was declared duly passed and adopted. ATTE ~~ Dewan B. Barnes, Clerk Administrator i Willis C. A. Warkentien, Mayor Special City_Council Meeting of October 5, 1982 • UNITED STATES OF AMERICA STATE OF MINNESOTA RAM5EY COUNTY CITY OF FALCON HEIGHTS No. ~ $5, OOfJ GELdERAL OBLIGATION IMPROVEMENT. BOND OF 1982 KNOW ALL PERSONS BY THESE PRESENTS that the City of Falcon Heights, Ramsey County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer the principal sum of FIVE THOUSAND DOLLARS on the first day of March, 19 .and to pay interest thereon from the date hereof until the principal is paid at the rate of percent ( ~) per annum, payable on the first day of March, 1983 and semiannually thereafter on the first day of September and the first day of March in each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons hereto attached, as the same severally becorne due. Both principal and interest are payable at American National Bank & Trust Company in St Paul Minnesota or any successor paying agent duly appointed by the City, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing in the .years 1991 to 1993, both inclusive (bonds numbered 31 to 45, both inclusive), are subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1990 and on any interest payment date thereafter at par and accrued interest, plus a premium of $75.00 per bond called. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the bank where the bonds are payable. • This bond. is one of an issue in the total principal amount of $225,000 all of like date and tenor, except as to serial number, maturity, interest rate and redemption privi- • lege, which bond has been issued pursuant to and in full. conformity with the Constitution and laws of the State of Minnesota for the purpose of providing money for the construction of various improvements in the City and is payable out of the General Obligation Improvement Bonds of 1982 Fund of the City. This bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this bond, together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Falcon Heights, Ramsey County, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile signature of • the Mayor corporate permitted executed officers, and the manual signature of the City Clerk, the seal of the City having been intentionally omitted as by law, and has caused the interest coupons to be and authenticated by the facsimile signatures of said all as of October 16, 1982. /s/ Dewan B. Barnes City Clerk • /s/ Facsimile Mayor r~~ ~ : --..~- (Form of Coupon) No. On the first day of March (September), 19 unless the bond described below is called for earlier redemption, the City of Falcon Heights, Ramsey County, Minnesota, will pay to bearer at the American National Bank & Trust Company in St Pail, J~ihnesota,_ or any successor paying agent duly appointed by the City, the sum shown hereon for interest then due on its General Obligation Improvement Bond of 1982, No. dated October 16, 1982. ' /s/ Facsimile City Clerk /s/ Facsimile Mayor • • .. ,, .. .:... i. .. _ _.. ,. .. .. _ ,a ~ _ .- _ .-_ EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA HELD: OCTOBER 5, 1982 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Falcon Heights, Ramsey County, Minnesota, was duly held at the City Hall in the City on the 5th day of October, 1982, at 7:00 o'clock P.M. for the purpose of opening and considering bids for and awarding the sale of $225,000 General Obligation Improvement Bonds•of 1982 of the City. The following members were present: Mayor Warkentien, Council Members Larson, Eggert,.Ciernia and the following were absent: Council Member Chestovich The Clerk presented affidavits showing publication of notice of call for bids on $225,000 General Obligation Improvement Bonds of 1982 of the City, "for which bids were to _ be received at this meeting, in accordance with the resolution • adopted by the City Council on September 8, 1982. The affidavits were examined,. found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of the bonds. The following bids were received: See attached "Bid Tabulation" BID TABULATION • $225,000 G.O. Improvement Bonds of 1982 City of Falcon Heights, Minnesota SALE: Tuesday, October 5, 1982 AWARD: AMERICAN NATIONAL BANK & TRUST COMPANY MOODY'S RATING "A-1" COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & RATE PRICE AMERICAN NATIONAL BANK & TRUST COMPANY Saint Paul, Minnesota Dougherty, Dawkins, Strand &-Yost, 'Inc. Juran & Moody, Inc. BANCNORTHWEST Minneapolis, Minnesota ~e, Juran & Company, Inc. FIRST NATIONAL BANK OF MINNEAPOLIS Minneapolis, Minnesota F & M MARQUETTE NATIONAL BANK Minneapolis, Minnesota • 7.00% 7.25% 7.50% 7.75% 8.00% 8.20% 8.40% 8.60% 8.80% 7.00% 7.25% 7.50% 7.75% 8.00% 8.25% 8.50% 8.75% 9.00% 7.00% 7.25% 7.50% 7.75% 8.00% 8.25% 8.50% 8.75% 9.00% 7.20% 7.40% 7.60% 7.80% 8.00% 8.25% 8.50% 8.75 9.00% $120,028.13 $222,300.00 $222,862.50 $222,075.00 . Continued on reverse side 1985 1986 1987 1988 1989 1990 1991 1992 1993 1985 1986 1987 1988 1989 1990 1991 , 1992 1993 1985 1985 1987 1988 1989 1990 1991 1992 1993 1985 1986 1987 1988 1989 1990 1991 1992 1993 8.367% $120,637.50 8.410% $121,425.00 8.465% $121,734.38 $222,187.50 8.486% • ` f:i C: F~i i::: X:; 1.1 I.., E" t:1 ~.. F' i~? :1: i~! t:; :(. F'r~, I.., i• i•~! i:~ 1: i'~!'T i:M I? is E i f 1~'r-i ~' ~i [:: i -! 7' `.-> ;~ ~' :~ ;~; , Q ti t? ti (°: t ~! 1~: Fi r•~} 1.., t:t t I.., :!: t:3 r1'T' :C (:l s ~! 7: iii f' i~? t?'s~ 1-: i~ E~ i~~'r JCS t:J ~a I.- • t:, ~: 'T' z L? F' !•° r"~ !_, t:' t:l t•:! I..i !"::f: t: ~ I•d •1' ":; , ivi 1:14? i~! !~. ~: ~ t:l'r' ~a F'r1 t:i f::: 1. I:~ r1 T' C:: X:, t t r,! C; {~:! t:t , f' i;'.1: ~! F; F"~'T F 1: P•~ f E. i? 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"l;3't:3 , 1. ;? 1~ ::3r+?;3:?3 . 1:? ~*..~ .~ f STATE OF MINNESOTA COUNTY OF RAMSEY • CITY OF FALCON HEIGHTS I, the undersigned, being the duly qualified and ' acting Clerk of the City of Falcon Heights, Minnesota, DO ~~ HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the opening and considering of bids for, and awarding the sale of $225,000 General Obligation Improvement Bonds of 1982 of said City. • ~~~~ITNESS my hand and the seal of said City this . - day of ~-~ 1~a2. City Clerk (SEAL)