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93-093 . . . . . . .. . EXTRACT OP MINUTES OP MEETING OP THE CITY COUNCIL OP THE CITY OP SHOREWOOD, HENNEPIN COUNTY, MINNESOTA Pursuant to notice thereof, a regular meeting of the City Council of the Ci ty of Shorewood, Hennepin County, Minnesota, was held at the Ci ty Hall in said City on Monday, October 11, 1993, commencing at 7:30 p.m. The fOllowing members were present: Acting Mayor Daugherty, Council members Benson, Stover and Lewis and the following were absent: Ma~oi ~rancel * * * * * * The following resolution was presented by Member Stover who moved its adoption: RESOLUTION NO. 93-93 RESOLUTION PROVIDING POR THE ISSUANCE AND SALE OP $325,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A WHEREAS, in 1987, the City sold $875,000 General Obligation Improvement Refunding Bonds, Series 1987A, which are subject to being called for prior redemption on February 1, 1994, and . WHEREAS, Springsted Incorporated, the City's financial advisor, has reviewed the status of the sinking fund for these bonds and has indicated that the City should issue improvement bonds to refund the outstanding bonds which will mature over the period of time that the special assessments supporting said prior 1987 bond issue will be collected, and WHEREAS, the City has additional new improvement projects which need to be funded, and WHEREAS, the current bond market is very strong and it appears that favorable interest rates can be obtained for definitive bonds, NOW, THEREPORE, BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County, Minnesota, as follows: .1. It is hereby determined: (a) That the assessable public improvements (the "Improvements") financed by the General Obligation Improvement Refunding Bonds, Series 1987A, have been made and duly ordered and contracts let for the construction thereof by the (b) City pursuant to the provlslons of Minnesota Statutes, Chapter 429. The outstanding bonds are subject to being called on February 1, 1994, and can be financed in the following manner: . 1993 Project Costs Less: MnDOT Funds City Cash Contribution $293,000 (40,000) (36,400) Subtotal $216,600 Bonds to be Refunded 420,000 Less: City Funds for Refunding (333,228) Total Bond Issue $303,372 18,378 3,250 $325,000 Net Costs to be Financed Plus: Costs of Issuance Allowance for Discount Bidding (c) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $325,000 General Obligation Improvement Bonds, Series 1993A (the ftBondsft), to provide financing for the Improvements and the refinancing of the 1987 improvement bonds. . (d) All Bonds shall be fully registered. 2. In order to provide financing for the Improvements, the City shall issue and sell Bonds in the amount of $321,750; in order to provide in part the additional interest required to market the Bonds at this time, addi tional Bonds shall be issued in the amount of $3,250. Any excess of the purchase pr ice of the Bonds over the sum of $321,750 shall be credi ted to the debt service fund for the Bonds for the purpose of paying interest first coming due on the Bonds. The Bonds shall be issued and sold in accordance with the terms of the Terms of Proposal which is attached hereto and marked Exhibit A. 3. The City hereby authorizes Springsted Incorporated to negotiate the sale of the Bonds on its behalf in accordance with the attached terms of proposal. Proposals shall be received until 12: 30 p.m. on November 8, 1993. The City Council shall meet on Monday, November 8, 1993, at 7 :00 p.m. for the purpose of consider ing the proposals on the Bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Member Benson and upon vote being taken thereon, the . following voted in favor thereof: ~ and the following voted against: whereupon said resolution was declared duly passed and adopted. Approved and signed this Ilthday of October , 1993. w~~~ Acting Mayor Attest :~! ~ ' > I , . ,v/\i'-&<i C .. . uv\lvtrl City Administrator-Clerk ~ ~ . . . Exhibit A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $325,000* CITY OF SHOREWOOD, MINNESOTA GENERAL OBUGATION IMPROVEMENT BONDS, SERIES 1993A Proposals for the Bonds will be received on Monday, November 8, 1993, until 12:30 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1993, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1994. Interest will be computed on the basis of a 360-day year of twelve 3O-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1995 $40,000 1996 $40,000 1997 $40,000 1998 $40,000 1999 $40,000 2000 $35,000 2001 $30,000 2002 $20,000 2003 $20,000 2004 $20,000 * The City reserves the right after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $15,000 and will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance - i - . . . , , . Improvements within the City and to refund the 1995 through 2001 maturities of the City's $875,000 General Obligation Improvement Refunding Bonds, Series 1987A, dated April 1, 1987. TYPE OF PROPOSALS Proposals shall be for not less than $321,750 and accrued Interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit') in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $3,250, payable to the order of the City. If a check is used, It must accompany each proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated 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 City to satisfy the Deposit requirement. The City 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 falls to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. 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 will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. - ii - , ,~ " . . . SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, Larson, Underwood and Mertz of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statemenf of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 11, 1993 BY ORDER OF THE CITY COUNCIL /s/ James C. Hurm Administrator-Clerk -iii-