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HomeMy WebLinkAboutResolution 1228 ,, ' , - , �� • . Councilman Hurr. � introduc d\the following written resolution and moved its adoption:� . � RESOLUTION #1228 RESOLUTION AWARDING SALE OF $1, 100, 000 GENER.AL OBLIGATION IMPROVEMENT BONDS OF 1984 FI�XING THE FORM AND SPECIFICATIONS TI�REOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY AND LEVYING TAXES FOR THEIR PAYN�NT . BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The bid of Al l i son Wi 11 i ams Companyof Mi nneapol i s,-��'"� � � Minnesota to purc ase the u p to 1,100, 000 General Obligation Improvement Bonds of 1980 of the City as advertised for sale is hereby found and determined to be the best bid received pursuant to advertised notice of sale, and shall be and is hereby accepted, said bid being to purchase bonds bearing interest as follows: .� 7. 109� 1982 7.40% 1987 8.00% 1991-92 7.159� 1983 7.50� 1988 8.20% 1993 � 7.20q 1984-85 7.70% 1989 � . 8.40� 1994 • 7.25q. 1986 7.90q 1990 ' 8.60% 1995 at a price of $ 1,082,510.00 Plus accrued interest. 8'�5q 1996 2 . To provide permanent financing of Improvement Projects Nos. 80-1 and 80-2 of the City, the City shall forthwith issue its negotiable coupon, General Obligation Improvement Bonds of 1980 in the aggregate principal amount of $ 1.100.000.00, to be dated December 1, 1980, to bear interest at the rates above set forth, payable September 1, 1981 and semiannually thereafter on March 1 and September 1 in each year, and to mature serially on . March 1 in the years and amounts as follows: � 1982 $50,000 1986 $75,000 1990 $75,000 1994 $75,000 1983 75,000 1987 75,000 ' 1991 75,000 1995 75,000 1984 75,000 1988 75,000 1992 75,000 1996 75,000 � 1985 75,000 1989 75,000 1993 75,000 �ke--C�r��r�re�e�-e�ec�s-�at-��-p�-i�iFra-�-amotrat-o�-th��onds be redtxced-p�rrsna-rr�-tv-�ts-�'rghts-�nder-t3���terms-of-�a��-as-provrd8-d rn-�e-f�orego�i�rg-ma-�urit�r-scizedl��c: All bonds maturing on or after March 1, 1991 are subject to redemption at the option of the City, in inverse numerical order on March l, 1990 and any interest payment date thereafter at par, accrued interest and a premium of 1.00% of the principal amount of each bond so redeemed. The bonds shall be numbered serially from 1 upwards in chronologi- cal order of maturity dates and shall be in the denomination fo $5, 000 each. • . -2- 3 . Both principal and interest shall be payable at the main �ce of the Northwestern Nati onal Bank of Mi nneapol i s :: , in Mi nneapol i s , Minnesota and t e City shal pay t e reaso �able charges o said bank for its services as paying agent: � � . 4. The bonds, and the interest coupons to be thereto attached and the City Clerk's Certificate on the reverse side thereof shall be in substantially the following, form: fy . UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN . CITY OF ORONO - No. � $5, 000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 � KNOW ALL MEN BY THESE PRESENTS That the City of Orono, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the first day of March, 19 , and to pay interest thereon from the date hereof until the principal � amount is paid at the rate of � • per annum, interest to maturity payab e Septe er 1, 981 and semiannually thereafter on the first day of March and � the first day of September in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both princi�al of and interest on this bond are payable at � - � - � in Mi nneapol i s , Minnesota 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 . 1996, inclusive, are subject to redemption and prior payment at the option of the City in inverse numerical order on March 1, 1990 and on any interest payment date thereafter at par, accrued interest and a premium of 1.00% of the principal amount of each bond so redeemed. Thirty days ' prior notice will be given by mail to the bank where the bonds are payable and to the last known holder, and published notice of redemption will be given in � the manner provided` by Minnesota Statutes, Chapter 475. This bond is one of an issue of bonds in the aggregate principal amount of $1,100,000 , all of like date and tenor, except as to maturity, interest rate and redemption privilege, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 429, Minnesota Statutes, for the purpose of defraying the expenses incurred and • *the main office of the Northwestern • , National Bank of Minneapolis -3' to be incurred in connection with Improvement Projects Nos. 80-1 Sand 80-2 of the City, consisting of sanitary sewer improvements; and this bond is payable primarily from ta��s_ and special assess- ments levied and to be levied from its Improvement Bonds of 1980 Fund, but constitutes a gen�ral obligation of the City; and to ' provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy additional ad valorem taxes, if required for such purpose, without limitation as to rate or amount. 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 that this bond, together with all other indebtedness 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 thereon. � IN WITNESS WI�REOF, the City of Orono, Hennepin County, � Minnesota, by its City Council, has caused this bond to be executed by the facsimile signature of the Mayor and manual signature of the City Clerk, and a facsimile of the corporate seal of the City to be printed hereon, and the interest coupons hereto attached to • be executed by the facsimile signatures of said officers, all as � of December 1, 1980. • CITY OF ORONO By (Facsimile) . Mayor . . _ � - /s/ Alberta Strom City Clerk (Seal) � -4- (Form of Coupon) • No. .` _ s [Unless the bond described below has been called for earlier redemption] . On the first day of September (March) , 19 , the City of Orono, Hennepin County, Minnesota, will pay to-bearer at the main office of the Northwestern National Bank of Minneapo]is � in Mi nneapol i s , Minnesota, the amount shown hereon or the interest then due on its General Obligation Improvement Bond of 1980, dated December 1, 1980, No. (Facsimile Signature) � Mayor � (Facsimile Signature) � . � City Clerk � (Certificate as to Legal Opinion) I , the undersigned, City Clerk of the City of Orono, . Minnesota, hereby certify that except for the date line, the foregoing is a full, true and compared copy of the legal opinion of Messrs. Faegre & Benson, of Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and is now on file in . � my office. (Facsimile Signature) City Clerk 5. The Clerk is directed to cause said bonds to be prepared, and the Mayor and the City Clerk are authorized and directed to execute the same by the facsimile signature fo the Mayor and manual signature of the City Clerk, and by the manual signature of one of such officers, and to cause a facsimile of the corporate seal to be printed on each bond, and to cause the interest coupons to be executed and authenticated by the printed facsimile signatures of said officers. The legal opinion of Messrs . Faegre & Benson, of Minneapolis, Minnesota, respecting the validity and enforceability of the bonds shall be printed on the reverse side of each bond and shall be certified by the facsimile signature of the City Clerk. When the bonds shall have been so prepared and executed, they shall be delivered by the City Clerk or City Treasurer in exchange for the purchase price and upon receipt of the signed legal opinion of Messrs. Faegre & • Benson, and the purchaser shall not be required to see to the proper application of the proceeds. � -5- � . . • 6. There is hereby created �a special fund, to be known • as Improvement Bonds of 1980 Fund, and tl� principal of and interest on the bonds herein authorized shall be paid from said Fund; provided, however, that if the principal or interest upon the said bonds shall become due and payable and there are insuf- ficient moneys in said Fund to pay such principal and interest, the Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of taxes levied and special assessments for Improvement Projects Nos. 80-1 and 80-2. The � proceeds of the bonds herein authorized shall be deposited in a separate construction fund to be used solely for the prepayment . of expenses of Improvement Projects Nos. 80-1 and 80-2. Any remaining proceeds may be used for any lawful purpose. All collections of special assessments for Improvement Nos. 80-1 and 80-2 are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the bonds herein author- ized, and the moneys and investments in the Improvement Bonds of 1980 Fund shall be used for no other purpose than to pay principal of and interest on the said bonds until such principal and interest � shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of additional bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said improve- ments. • 7. It is hereby found and determined that the estimated collection of special assessments pledged for the payment of said bonds will, with the taxes hereby levied, produce at least five percent in excess of the amount needed to meet, when .due, the principal and interest payments on the bonds and further found and determined that the special benefits to be assessed against assessable property for each improvement will, in . any case, be more than 20% of the cost of the improvement to the municipality. For the purpose of paying the City' s share of the cost of said improvements, there is hereby levied on all taxable property within the corporate limits of the City a general ad valorem tax � in the years collectible and in the amount provided as follows: See attached computation of levy and assessments. � 8. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approv- ing the bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Improvement Bonds of 1980, and to the right, power and authority of the City and its officers to issue the same, and said certified copies and • certificates shall be deemed the representations of tY�e City as to all matters stated therein. -6- � � . . ,,�,.. �. ..r•��,t .,,? �t • • .i ti+ . .. • • � C:t:l i'i F'l.1'('i�'1' .;t:l��! t:'i° r•��•�;:;�:::'::;.:,t��:::C•!-i�;:: r••�r-!L� ('�••�.{. �..E::'�"t' i:l�� : {I�3. , 1.tr tl , tI(t it t:;f:���E::�'�^��_, �1 r;l..,:f.�:�r"�'i°:G t:l i a :I:��i i'(�;t�t?I:�:i��i E::���!'T� l�:C1 i�!��`::� C:�:��t''r' i?F" C1�:f.?i•2 Cl: i�•i:C i••�i•-!L•�f:�tl�t'r� ,�� r}1 r;y cr i� ?..:.i:Ji:}:.1 . 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I'(�t'i�i'T::, l°�t.!C:: . `;�-•J.--:1.'�'�,:I. , C'.ta i•i f'�J-f r::I; 1':i.l tJ t,�f�T.i-!i 7 t�i��`r` C:r1 t.!�E" 1:�:[i�'f=f.•:f'.E�i�(::l� t:i I�" r1 1�"I':::lrJ :[:�Cl L.�I..,r•��fti� �4��-i�.I\ �.,�"��::.�..�`•,.�.I'-��:J �..t..�i..��.a I"1 it� ���� I��..�{'i �4�.�. � �-i i Z���i I_.r.:� 7'"������I`� � . ('F,t:)l"a f:�'i�� !�'f<L:F'l-t f;�_r:� C:t't` C F•I I..�E::f4�i � �5�;�r C:1 F,7 r il, 7 i�i(.". � � • 9. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Hennepin County, and obtain his certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Butler and upon vote being taken thereon the following voted in favor thereof: all in favor " and the following voted against the same: None � whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) � . � COUNTY OF HENNEPIN ) SS. ) CITY OF ORONO . ) • I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held November 12, 1980 with the original thereof 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 the issuance and sale of $1, 100, 000 General Obligation Improvement Bonds of 1980 of said City. . WITNESS My hand officially and the seal of the City this � day of �r,�,.,,��/ , 1980. . ��,G�.��:� ��,_���.�� � City Clerk City of Orono, Minnesota (Seal) � � -7-