HomeMy WebLinkAboutResolution 3151 - RESOLUTION #3151
� •�:
Extract of Minutes of Meeting of the
• City Council of the City of Orono
� Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Orono, Minnesota, was
duly held at the City Hall in the City, on Monday, August 10,
1992 at 7: 00 o' clock P.M. _��
� The following members were present:
Barbara Peterson, J.Diann Goetten, Edward Callahan, Gabriel Jabbour.
and the following were absent:
Mary Butler
* * * * * * - * * * �
The Mayor announced that the meeting was convened for
the purpose of considering proposals for the purchase of
• $2, 000, 000 General Obligation Sewer Improvement Bonds, Series
1992 .
� * * * * * * * * *
The City Manager then presented the bids received prior
to 11:30 o'clock A.M. on August 10, 1992 pursuant to the Official
Notice of Bond Sale for the General Obligation Sewer Improvement
Bonds, Series 1992 . These were examined and found to be as
follows:
Name of Bidder Interest Rates Purchase Price
SEE ATTACHED
•
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f ' RESOLUTTON #3151
BID TABULATION
•
$2,000,000 Gen�ral Obligation Sewer Improvement Bonds, Series y 992
City of Orono, Minnesota
SAL,E: Monday, August 10, 1992
AWARD: PARK INVESTMENT CORPORATION
RATING: Moody's "Aa1" BBI: 6.06%
COUPON NET INTEREST COST
NAME OF BIDDER RATE YEAR & RATE PRICE
PARK INVESTMENT CORPORATION 3.30% 1994 $991,196.70 $1,972,090.80
Minneapolis, Minnesota 3.60% 1995 �
FIRST WISCONSIN NATIONAL BANK 3.90% 1996 5.1922°/a
OF MILWAUKEE 4.00% 1997 �
Milwaukee, Wisconsin 4.20% 1998
4.40% 1999
4.60% 2000
4.80% 2001
5.00% 2002 -2003
• 5.10% 2004
5.20% 2005
5.30% 2006
5.40% 2007
� 5.50% 2008
CRONIN & COMPANY, INC. 3.30% 1994 $993,235.00 $1,973,920.00
Minneapolis, Minnesota 3.60% 1995
SMITH BARNEY, HARRIS UPHAM 3.90% 1996 52029%
& COMPANY, INC. 4.10% 1997
Minneapolis, Minnesota 4.30% 1998
MARQUETTE BANK MINNEAPOLIS, N.A. 4.50% 1999
Minneapolis, Minnesota 4.70% 2000
JOHN G. KINNARD & COMPANY, INC. 4.90% 2001
Minneapolis, Minnesota 5.00% 2002 -2003
5.10% 2004
520% � 2005
5.30% 2006
5.40% 2007
5.50% 2008
FBS INVESTMENT SERVICES, INC. 3.25% 1994 $1,010,156.25 $1,974,080.00
Minneapolis, Minnesota 3.60% 1995
MERRILL LYNCH & COMPANY 3.80% 1996 5.2915%
Chicago, Illinois 4.10% 1997
NORWEST INVESTMENT SERVICES, INC. 4.40% 1998
�inneapolis, Minnesota 4.60% 1999
er, Johnson & Kuehn, Inc. 4.75% 2000
4.90% 2001
5.00% 2002
5.10°/a 2003
5.25% 2004 2s5o Norwest Center
Ehlers and Associates��nri. �j.4Q% QQQS 90 South Seventh Street
L E d 0 E R S 1 N P U 8 L I C F I N A N C E rj.�jQ% Q��s -2008 Minneapolis,MN 55402-4100
(612)339•8291 FAX(612)339-0854
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$2,000,000 General Obligation Sewer Improvement Bonds, Series 1992 •
City of Orono, Minnesota
Monday, August 10, 1992
Page 2
COUPON NET INTEREST COST
NAME OF BIDDER RATE YEAR & RATE PRICE
JURAN & MOODY, INC. 3.40% 1994 $1,011,621.25 $1,974,400.00
St. Paul, Minnesota 3.70% 1995
DOUGHERTY, DAWKINS, STRAND 3.90% 1996 5.2992%
& BIGELOW, INC. 4.10% 1997
Minneapolis, Minnesota 4.30% 1998
Peterson Financial Corporation 4.60% 1999 .
4.80°/a 2000 �
4.95% 2001
5.10% 2002 �
5.15% 2003
5.30% 2004
5.40% 2005 -2006 �
5.50% 2007 -2008
PIPER JAFFRAY INC. 4.10% 1994 -1995 $1,013,334.05 $1,970,508.�
Minneapolis, Minnesota 4.125% 1996 -1997
Moore, Juran & Company� Inc. 4.30% 1998 5.3081%
4.50% 1999
4.75% 2000 �
4.90% 2001
5.00°/a 2002
5.10% 2003
5.20% 2004
5.30% 2005
5.40% 2006
5.50% 2007
5.60% 2008
DEAN WITTER REYNOLDS, INC. 4.30% 1994 -1995 $1,022,711.50 $1,970,733.50
Chicago, Illinois - 4.40% 1996 -1998
LEHMAN BROTHERS 4.60% 1999 5.3573%
Chicago, Illinois 4.80% 2000
PRUDENTIAL SECURITIES, INC. 4.90% 2001
Chicago, Illinois 5.00% 2002
PAINEWEBBER, INC. 5.20% 2003
Chicago, Illinois 5.30°/a 2004
5.40°/a 2005
5.50% 2006 -2008
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�
� '�� RESOLUTION #3151
. � 000,000 Generai Obligation Sewer Improvement Bonds, Series 1992
of Orono, Minnesota
nday, August 10, 1992
Page 3
COUPON NET INTEREST COST
NAME OF BIDDER RATE YEAR & RATE PRICE
DAIN BOSWORTH, INC. 3.50% 1994 $1,043,231.25 $1,970,500.00
Minneapolis, Minnesota 3.70% 1995
4.00% 1996 , 5.4648%
4.15% 1997
4.50% 1998
4.70% 1999
� 4.90% 2000 .
5.00% 2001
5.10% 2002 �
5.25% 2003
. 5.30% 2004
5.50% 2005
5.60% 2006
5.70% 2007
5.85% 2008
•PER SECURITIES GROUP, INC. 5.20% 1994 -2001 $1,046,132.08 $1,970,991.05
Chicago, Illinois 5.30% 2002
5.375% 2003 -2008 5.4800%
� .
• RESOLUTION #3151
, � .
Member Goetten introduced the following
� written resolution and moved its adoption:
RESOLUTION AWARDING SALE OF $2, 000, 000 GENERAT,
OBLIGATION SEWER IMPROVEMENT BONDS, SERIES 1992, FIXING
THE FORM AND SPECIFICATIONS THEREOF, PROVIDING
FOR THEIR EXECUT�ION. AND DELIVERY, AND PROVIDING
FOR THEIR PAYMENT
�
BE IT RESOLVED by the City Council of the City of �
Orono, Minnesota, as follows:
1. The proposal of Park Investment Corporation
to purchase the $2, 000, 000 General Obligation Sewer Improvement
Bonds, Series 1992 of the City is hereby found and determined to
be the best proposal received pursuant to the approved Official
Notice of Bond Sale, which is hereby approved and ratified, and
shall be and is hereby accepted, said offer being to purchase
Bonds bearing interest according to year of maturity as follows:
Maturity Interest Maturity Interest
Date Rate Date Rate
� 1994 3.30 � 2002 5.00 �
1995 3.b0% 2003 5.00%
1996 3.90% 2004 5.10%
� 1997 4.00% 2005 5.20% �
1998 4.20% 2006 5.30%
1999 4.40% 2007 5.40%
2000 4.60% 2008 5.50%
2001 4.80%
at a price of $ 1.972.090.8o plus accrued interest.
2 . To provide funds for the 1992 Stubbs Bay Sewer .
Improvement Project, the City shall forthwith issue its
negotiable General Obligation Sewer Improvement Bonds, Series
1992 in the aggregate principal amount of $2, 000, 000, to be dated
August 1, 1992, to bear interest at the rates above set forth,
computed on the basis of a 360-day year� of twelve 30-day months,
_ payable February 1, 1993 and semiannually thereafter on February
1 and August 1 in each year, and to mature serially on February 1
in the years and amounts as follows:
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: • RESOLUTION #3151
Year Amount Year Amount
� 1994 � $ 85, 000 2002 $140, 000
1995 90, 000 2003 145, 000
1996 95, 000 2004 155, 000
1997 105, 000 2005 165, 000
1998 110, 000 2006 175, 000
1999 �115,�0'00 2007 180, 000
2000 125, 000 � 2008 185, 000
2001 130, 000
all Bonds maturing on or after February 1, 2001, being subject to ,
redemption and prior payment in whole or in part in inverse order
of maturity and by lot within a maturity at the option of the
City on February 1, 2000, and any interest payment date
thereafter at par and accrued interest. In the event of
redemption by lot of Bonds of like maturity, the Bond Registrar
. shall assign to each Bond of such maturity then outstanding a
distinctive number for each $5, 000 of the principal amount of
such Bonds and shall select by lot in the manner it determines
the order of numbers, at $5, 000 for each number, for all
outstanding Bonds of like maturity. The order of selection of
Bonds to be redeemed shall be the Bonds to which were assigned
numbers so selected, but only so much of the principal amount of
each Bond of a denomination of more than $5, 000 shall be redeemed
as shall equal $5, 000 for each number assigned to it and so
selected. Notice of any redemption shall be given by mail in the
manner required by Minnesota Statutes, Section 475 .54. The Bonds
• shall be numbered from R-1 upwards in order of issuance or in
such other order as the Registrar may detennine and shall be in
the denomination of $5, 000 each or any integral multiple thereof
not exceeding the amount maturing in any year.
3 . The Bonds, the Registrar' s Authentication
Certificate, the form of assignment and the City Clerk's
Certificate on the reverse side thereof shall be in substantially
the following form: • �
UNITED STATES OF AMERICA
STATE OF MINNESOTA �
COUNTY OF HENNEPIN
� CITY OF ORONO
No. R $
GENERAL OBLIGATION
SEWER IMPROVEMENT BOND, SERIES 1992
Interest Rate Maturitv Date of Original Issue CUSIP
August 1, 1992
Registered Owner:
- Principal Amount: �
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� RESOLUTION #3151
� The City of Orono, Hennepin County, Minnesota, for
� value received, h�reby promises to pay to the Registered Owner
specified above or registered assigns, the Principal Amount
specified above on the maturity date specified above, upon the
presentation and surrender hereof, and to pay to the Registered
Owner hereof interest on such Principal Amount at the Interest
Rate specified above from August 1, 1992, or the most recent
interest payment date to which interest has been paid or duly
provided for as specified below, on February 1 and August 1 of
each year, commencing February 1, 1993, until said principal �
amount is paid. Principal is payable in lawful money of the
United States of America at the office of ,
�as Bond Registrar or of its successor as Bond
� Registrar designated by the City upon 60 days' notice to the
Registered Owners at their registered addresses. Interest shall
be paid on each February 1 and August 1 interest payment date by �
check or draft mailed to the person in whose name this Bond is
registered at the close of business on the 15th day of the month
preceding each interest payment date (whether or not a business �
day) at said person's address set forth. on the registration books
maintained by the Bond Registrar. Any such interest not �
punctually paid or provided for will cease to be payable to the
owner of record as of such regular record dates and such
defaulted interest may be paid to the person in whose name this
Bond shall be registered at the close of business on a special
record date for the payment of such defaulted interest
• established by the Bond Registrar. For the prompt and full
payment of such principal and interest as the same become due the
full faith, credit and taxing powers of the City have been and
are hereby irrevocably pledged.
[Additional provisions of this Bond are contained on
the reverse side hereof and such provisions shall for all
purposes have the same effect as if set forth here.]
The Bonds of this series maturing on or after
February 1, 2001, are subject to redemption at the option of the
City, in whole or in part in inverse order of maturity and by lot
within a maturity, on February 1, 2000 and any interest payment
date thereafter at par and accrued i.nterest. Thirty days' notice
. of prior redemption will be given by mail to the bank where the
Bonds are payable and ,to the registered owners in the manner
provided by Chapter 475, Minnesota Statutes. Any defect in
mailing notice of redemption shall not affect the validity of the
proceedings for redemption. Any Bond called for redemption, and
for the payment of which moneys are set aside by the City on the
redemption date, shall not bear interest after the redemption
date, regardless of any delay in its presentation.
This Bond is one of an issue of Bonds in the aggregate
principal amount of $2, 000, 000, all of like date and tenor except
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� • RESOLUTION #3151
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 providing funds for construction of
a certain local improvement known as the 1992 Stubbs Bay Sewer
Improvement: Project;'sand •this Bond is payable primarily from
special assessments levied and to be levied from its Improvement
Bonds of 1992 Fund, but this Bond con�titutes a general
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 ad valorem taxes on all taxable
property in the City, - if required -for such purpose,_without
limitation as to rate or amount.
This Bond is transferable, as provided by the
Resolution of the City Council authorizing the issuance of the
Bonds of this series adopted August 10, 1992 (the "Resolution")
only upon books of the City kept at the office of the Bond
Registrar by the Registered Owner hereof in person or by the
Registered Owner's duly authorized attorney, upon surrender of
� this Bond for transfer at the office of the Bond Registrar, duly
endorsed by, or accompanied by a written instrument of transfer
in form satisfactory to the Bond Registrar duly executed by, the
Registered Owner hereof or the Registered Owner's duly authorized
attorney, and, upon payment of any tax, fee or other governmental
charge required to be paid with respect to such transfer, one or
• more fully registered Bonds of the series of the same principal
amount, maturity and interest rate will be issued to the
designated transferee or transferees. The Registered Owner of
this Bond may be treated as the absolute owner hereof for all
purposes.
The Bonds of this series are issuable only as fully
registered bonds without coupons in denominations of $5, 000 or
any integral multiple thereof not exceeding the principal amount
maturing in any one year. ' As provided in the Resolution and
subject to certain limitations therein set forth, the Bonds of
this series are exchangeable for a like aggregate principal
amount of Bonds of this series of a different authorized
denomination, as requested by the Registered Owner or the owner's
. duly authorized attorney upon surrender thereof to the Bond
Registrar.
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
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' ; _ RESOLUTION #3151
of its issuance, does not exceed any constitutional or statutory
� limitation of indebtedness. .
This Bond shall not be valid or become obligatory for
any purpose until the Authentication Certificate hereon shall
have been signed by the Bond Registrar.
IN WITNESS WHEREOF, the City of Orono, Minnesota, by
its City Council, has caused this Bond to be executed in its
behalf by the facsimile signature of the Mayor and by the
facsimile signature of the City Clerk, all as of the Date of
Original Issue specified above.
Dated:
(Facsimile Signature)
Mayor
� (Facsimile Signature) �
City Clerk
•
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; , RESOLUTION #3151
Bond Registrar' s Authentication Certificate
• This is'one of the Bonds described in the within
mentioned Resolution.
Bond Registrar
.�
By
Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
(Please Print or Typewrite Name and Address of Transferee) the ,
within Bond and all rights thereunder, and hereby irrevocably
constitutes and appoints attorney to transfer
the within Bond on the books kept for registration thereof, with
full power of substitution in the premises. .
Dated:
• Please Insert Social Notice: The signature to this
Security Number or Other assignment must correspond with the
Identifying Number of name as it appears on the face of
Assignee this Bond in every particular,
without alteration or any change
whatever.
Signature Guaranteed:• ` .
� Signatures must be guaranteed by a
national bank or trust company or by
a brokerage firm having membership
in one of the major stock exchanges.
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' • RESOLUTION #3151
. �
(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 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 _-`
4. The Bonds shall be payable upon presentation at
thE maiTl of f ice Of American National Bank and Trust Company , in
st. Pau1 , as Registrar and Paying Agent, or at the offices of
such other successor agents as the City may hereafter designate
upon 60 days' mailed notice to the registered owners at their
registered addresses. Interest shall be paid by check or draft
of the Registrar mailed to the registered owners at their
addresses shown on the registration books on each interest _
payment date unless other arrangements satisfactory to the Bond
Registrar the City and the registered owners of Bonds are made.
The City shall deposit funds with the Bond Registrar at the time
and in the manner necessary to provide for the full and prompt
payment of such principal and interest.
• 5. The Bonds shall be prepared in typewritten or
printed form under the direction of the City Clerk and when so
prepared shall be executed on behalf of the City by the facsimile
signature of the Mayor and by the facsimile signature of the City
Clerk. The Bonds shall not be valid for any purpose until
authenticated by the Bond Registrar. The Bond Registrar is
authorized and directed to register the Bonds initially issued
hereunder in such names as the purchaser may direct. The Bonds
initially issued hereunder shall be registered as of August 1,
1992, and all Bonds issued in exchange therefor shall ,be �
registered as of such date, or, if issued after the first payment
date, as of the most recent interest payment date on which �
interest was paid or duly provided for. The legal opinion of
Faegre & I3enson of Minneapolis, Minnesota, respecting the
validity and enforceability of the Bonds. shall be reproduced on
the reverse side of each Bond at the request of the purchaser and
shall be certified by the facsimile signature of the City Clerk.
Wheri the Bonds shall have been so prepared ancl executed, they
shall be delivered by the City Clerk or Finance Director in
exchange for the purchase price and upon receipt of the signed
legal opinion of Faegre & Benson, as Bond Counsel, and the
purchaser shall not be required to see to the proper application �
of the proceeds. �
6. As long as any of the Bonds issued hereunder shall
remain .outstanding, the City shall maintain and keep at the
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' • RESOLUTION #3151
. �
office of the Bond Registrar an office or agency for the payment
• of the principal of and interest on such Bonds, as in this
Resolution provid"ed, and for the registration and transfer of
such Bonds, and shall also keep at said office of the Bond
Registrar books for such registration and transfer. Upon
surrender for transfer of any Bond at the office of the Bond
Registrar with a written instrument of transfer satisfactory to
the Bond Registrar, duly .executed by the registered owner or the
owner's duly authorized attorney, and upon payment of any tax,
fee or other governmental charge required to be paid with respect
to such transfer, the City shall execute and the Bond Registrar _
shall authenticate and deliver, in the name of the designated
transferee or transferees, _ane or more. fully_xegister.ed Bonds . of
the same series, of any authorized denominations and of a like
aggregate principal amount, interest rate and maturity. The
Bonds, upon surrender thereof at the office of the Bond
Registrar, may, at the option of the registered owner thereof, be
exchanged for an equal aggregate principal amount of Bonds of the
same maturity and interest rate of any authorized denominations.
In all cases in which the privilege of exchanging Bonds or
transferring fully registered Bonds is exercised, the City shall
execute and the Bond Registrar shall deliver Bonds in accordance
with the provisions of this Resolution. For every such exchange
or transfer of Bonds, whether temporary or definitive, the City
or the Bond Registrar may make a charge sufficient to reimburse
it for any tax, fee or other governmental charge required to be
• paid with respect to such exchange or transfer, which sum or sums
shall be paid by the person requesting such exchange or transfer
as a condition precedent to the exercise of the privilege of
making such exchange or transfer. Notwithstanding any other
provision of this Resolution, the cost of preparing each new Bond
upon each exchange or transfer, and any other expenses of the
City or the Bond Registrar incurred in connection therewith
(except any applicable tax, fee or other governmental charge)
shall be paid by the City. The City and the Bond Registrar shall
not be obligated to make any such exchange or transfe� of Bonds
during the fifteen (15) days next preceding the date of the first
publication or the mailing (if there is no publication) of notice
of redemption in the case of a proposed redemption of Bonds or to
make any transfer or exchange of. any Bonds during the fifteen
(15) days next preceding any February 1 or August 1 interest
payment date.
7. Interest on any Bond which is payable, and is
punctually paid or duly provided for, on any interest payment �
date shall be paid to the person in whose name that Bond (or one
or more Bonds for which such Bond was exchanged) is registered at
the close of business on the 15th day of the month preceding such
interest payment date. Any interest on any Bond which is
payable, but is not punctually paid or duly provided for, �on any
interest payment date shall forthwith cease to be payable to the
registered holder on the relevant regular record date solely by
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. 4 RESOLUTION #3151
virtue of such holder having been such holder; and such defaulted
• interest may be paid by the City in any lawful manner, if, after
notice given by the City to the Bond Registrar of the proposed
, payment pursuant to this paragraph, such payment shall be deemed
practicable by the Bond Registrar. Subject to the foregoing
provisions of this paragraph, each Bond delivered under this
Resolution upon transfer of or in exchange for or in lieu of any
other Bond shall carry all the rights to interest accrued and
unpaid, and to accrue, whYCh were carried by such other Bond and
each such Bond shall bear interest from such date that neither
gain nor loss in interest shall result from such transfer, ,��
exchange or substitution.
� S . As to any Bond, the City and the Bond Registrar
and their respective successors, each in its discretion, may deem
and treat the person in whose name the same for the time being
shall be registered as the absolute owner thereof for all
purposes and neither the City nor the Bond Registrar nor their
respective successors shall be affected by any notice to the
contrary. Payment of or on account of the principal of any such �
Bond shall be made only to or upon the order of the registered
owner thereof, but such registration may be changed as above .
provided. All such payments shall be valid and effectual to •
satisfy and discharge the liability upon such Bond to the extent
of the sum or sums so paid.
9 . There is created a special fund, to be known as
• the Improvement Bonds of 1992 Fund, for the purpose of paying
principal and interest on the Bonds, and in the event the
principal of and interest upon the said Bonds shall become due
and payable and there are insufficient moneys in said fund to pay
such principal and interest, the City 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 pursuant hereto and special assessments for 1992
Stubbs Bay Sewer Improvement Project (the "Improvement") . The
� proceeds of the Bonds herein authorized shall be deposited -in a
separate construction fund to be used solely for the payment of
expenses of such Improvement. Any remaining proceeds may be used
for the any lawful purpose. Al1 collections of special
assessments for the Improvement are hereby irrevocably
appropriated and pledged to the payment of principal of and
interest on the Bonds herein authorized, and the moneys and
investments in the Improvement Bonds of 1992 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 Improvement. The City is
hereby authorized to levy assessments for said Improvement for
which special assessments have not heretofore been levied. The
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� • RESOLUTION #3151
� u
Finance Director may create separate accounts within the
• Improvement Bonds of 1992 Fund for any capitalized interest and
for assessment pr�payments.
10. It is hereby found and determined that the
estimated collection of special assessments pledged for the
payment of said Bonds will produce at least five percent in
excess of the amount needed to meet, when due, the principal and
interest payments on the Bonds so that no general taxes are
initially required to be levied for such purpose, but the Bonds
are general obligations of the City to which the full faith, ,_
credit and unlimited taxing powers of the City have been and are
hereby pledged; and the City Council shall levy general ad
valorem taxes on all taxable property in the City, if necessary,
to pay the principal of and interest on the Bonds when due. It
is further found and detennined that the special benefits to be
. assessed against assessable property for the Improvement will, in
any case, be more than 20� of the cost of the Improvement to the
City.
11. The City Clerk is authorized and directed to
prepare and furnish to the purchaser and to the attorneys
approving the Bonds, certified copies of all proceedings and
records relating to the issuance of said General Obligation Sewer
Improvement Bonds, Series 1992 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 the City as to all matters stated therein.
12 . The Official Statement relating to the Bonds, on
file with the Clerk and presented to this meeting, is hereby
approved and its designation as a "near final�� Official Statement
for purposes of Rule 15c2-12 of the Securities and Exchange
Commission and the furnishing thereof to prospective purchasers �
of the Bonds are hereby ratified and confirmed, insofar as the
same relates to the Bonds and the sale thereof. .
13 . The officers of the City are hereby authorized and
directed to prepare and furnish to the Secretary of the Treasury
a statement meeting the information reporting requirements of
Section 149 (e) of the Internal Revenue Code of 1986, as amended
(the "Code") , by the 15th day of the second calendar month after
the close of the calendar quarter in which the Bonds are issued.
14. The City shall not take or pennit any action that
would cause the Bonds to be "private activity bonds" within the
meaning of Section 141 of the Code. The City shall comply with .
the rebate requirements imposed under Section 148 (f) of the Code
and regulations thereunder, including (if applicable) the
requirement to make periodic calculations of the amount subject
to rebate thereunder and the requirement to make all required
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' RESOLUTION #3151
: �
rebates to the United States. It is hereby determined that the
• City expects that the Bonds will be exempt from arbitrage rebate
by reason of Sect3on 148 (f) (4) (D) of the Code. In addition, the
City shall make no investment of funds that would cause the Bonds
to be "arbitrage bonds" within the meaning of Section 148 of the
Code and regulations thereunder. All terms used in this
paragraph 14 shall have the meanings provided in the Code and
regulations thereunder. .
15. The Bonds are hereby designated "qualified tax
exempt obligations" for purposes of Section 265 (b) (3) of the �
Internal Revenue Code of 1986. .
16. The City Clerk shall furnish a certified copy
of this resolution to the County Auditor of Hennepin County, and
obtain the County Auditor' s certificate as required by law. . :
The motion for the adoption of the foregoing
resolution was duly seconded by Member Callahan "
and upon vote being taken thereon the following voted in favor .
thex'eof: peterson, Goetten, Callahan, . Jabbour
and the following voted against the same: None .
whereupon said resolution was declared duly passed and adopted. °
• • .
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. � RESOLUTION #3151
r ' �
. . �
STATE OF MINNESOTA)
• )
COUNTY OF HENNEPIiQ) 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
August 10, 1992 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
$2, 000, 000 General Obligation Sewer Improvement Bonds, Series
1992 of said City.
WITNESS My hand officia y and the seal of the
• City this �� �� day of August, 1992 .
�
• Ci Cle
City of 0 no, Minnesota
(Seal)
MFF0130A.WP5
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