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HomeMy WebLinkAbout96-46 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA HELD: May 6, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Prior Lake, Scott County, Minnesota, was duly held at the City Hall in said City on Monday, the 6th day of May, 1996, at 7:30 o'clock ~.M. for the purpose in part of providing for the sale of the $935,000 General Obligation Improvement Bonds of 1996 of said City. The following members were present: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader and Schenck. and the following were absent: None Member Greenfield resolution and moved its adoption: introduced the following Resolution Number 96-46 RESOLUTION PROVIDING FOR THE SALE OF $935,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 A. WHEREAS, the City Council of the City of Prior Lake, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $935,000 General Obligation Improvement Bonds of 1996 (the "Bonds"), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, Inc., in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 319480.1 ,-~--------""---~~"~,,,,-~-~~'----""'-'------.~-'- .___M'.n'."'."..._"'_.____~_..,.___"m~___.'_"..,,'...,..".,"'.-~,.~-_.........~-....-............--~."...",..---.-.,....--~..--~~---------.--..~._.-----"-- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meeting: ProposalOoeninq. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Manager, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the duly seconded by member Mader discussion thereof and upon a vote following voted in favor thereof: foregoing resolution was and, after full being taken thereon, the and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 319480.1 2 STATE OF MINNESOTA COUNTY OF SCOTT CITY OF PRIOR LAKE I, the undersigned, being the duly qualified and acting Manager of the City of Prior Lake, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $935,000 General Obligation Improvement Bonds of 1996. WITNESS my hand as such this 6th cay of May, 1996. 319480.1 3 _..~......~.__.............,_~_,"......___..'..."_m__~_""'__"__'~_____~_..~._,--~---~,.~_..._.~.,-....._---_._...,"._._.._.,._-------"-.,-.,."-~...-~.,, EXHIBIT A OFFICIAL TERMS OF BOND SALE $935,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 CITY OF PRIOR .LAKE SCOTT COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Manager, or designee, on Wednesday, May 29, 1996, at 11:30 A.M., Central Time, at the offices of Juran & Moody, Inc., 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Prior Lake Fire Hall beginning at __ __ _.M., on the same day. TYPE OF BONDS: Fully registered general obligation bonds, $5,000 or larger denominations at the option of the proposal maker. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. INTEREST PAYMENTS: For the purpose of providing money to finance the construction of various improvements in the City. June 1, 1997, and semiannually thereafter on June 1 and December 1. PURPOSE: MATURITIES: December 1 in each of the years and amounts as follows: 319480.1 A-1 Year Amount 1997-1998 $ 75,000 1999 80,000 2000 85,000 2001 90,000 2002 95,000 2003 100,000 2004 105,000 2005 110,000 2006 120,000 All dates are inclusive. Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing on or after December 1, 2000 shall be subject to prior payment, on December 1, 1999 and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first and if only part of the bonds having a common maturity date are called for prepayment the specific bonds to be prepaid shall be chosen by lot by the Registrar. BOND REGISTRAR: Principal will be payable at the main corporate office of First Trust National Association, in St. Paul, Minnesota (the "Registrar"). Interest will be payable by check or draft of the Registrar mailed to the registered holder of the bond at his address as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Registrar. 319480.1 A-2 . . _,.,~,,",_'''_._._...'_' _,",.~.o_~..,..~ _.,.. ,__",,'_--'-__"__"__'_'~"'_'_~""''''' _ "'_'m._._~__._..,.....__~.~.,,_,.,__,__..~d.~'~"'_."-,-".-----..>~-.~--.....---~,~-~.~--..---~-- -,..,--,,_.,-~~~ CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser. Legal opinion will be printed on the bonds at the request of the successful proposal maker. TYPE OF PROPOSAL: Sealed proposals of not less than $917,235 and accrued interest on the principal sum of $935,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $18,700 payable to the order of the Finance Director of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc., and addressed to: 319480.1 A-3 Ralph Teschner Finance Director Prior Lake City Hall 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than 319480.1 A-4 INFORMATION FROM PURCHASER: QUALIFIED TAX EXEMPT OBLIGATIONS: NO CONTINUING DISCLOSURE UNDERTAKING: AWARD: 319480.1 the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 26S(b) (3) of the Internal Revenue Code of 1986, as amended. The bonds are exempt from continuing disclosure requirements of Rule 1Sc2-12 of the Securities and Exchange Commission (as recently amended and supplemented) because the bonds are issued in the aggregate principal amount of less than $1,000,000. Consequently, the Issuer is not covenanting to provide and will not provide annual financial information, notices of certain material events or any other disclosure or information which would otherwise be required by that Rule. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. A-S '-"--"-~-_.,~----~"""_._-----.~.~--",---_._".,_..,.,.,._~.~-"~-'~_'_---~'_"--"'_.__..,~_..,_.~-",...,..~.._......~,..*.--_..,....,_.'"....._._...,._~--......-.......-._....,_.~_.,--_.~---~~...~----_._~ The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: May 6, 1996. BY ORDER OF THE CITY COUNCIL /s/ Frank Boyles City Manager Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 319480.1 A-6