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HomeMy WebLinkAbout86-137 r CERTIFLCATION OF MINUTES RELATING 'rO $215,000 GENERAL OBLIGATION EQUIPMENT CER^1 IFICA'i'ES OF INDEBTEDNESS, SERIES 19t36ti Issuer: City of Lakeville, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held Monday, November 17, 1986 at 7:00 o'clock p.m., at the City Hall. Members present: D. Zaun, N. Enright, P. Harvey & E. Sindt Members absent: R. Nelson Documents Attached: Minutes of said meeting (including): RESOLUTION N0. 8.6-137 RESOLUTION AWARDING. SALE, AU^1HORILING ISSUANCE, PRESCRI3ING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $215,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1986B I, the undersigned, being the duly qualified ann acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above., nave been carefully compared with the original. records oz said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions .taken and of all documents approved by the governing body at said meeting, so far as they. relate to said bonds; and that said meeting was duly hela by the governing body at the time and place and was attendees throughout by the members indicated above, pursuant to call ano notice of such meeting given as required ny law. WITNESS my hand officially as such recording officer this 17th day of November, 1986. i r Patrick McGar ey .Its City C1erK-Admi istrator • 4 , Councilmember Harvey introduced the following resolution and moved its adoption: RESOLUTION N0. 86-137 RESOLUTION AWARDING SALE,. AUTHORIZIIQG ISSUANCE, PRESC12I~3rNG THE FORM AND DETAILS AND PROVIDING FOR THE PAYMEN`f OF $215,000 GENERAL OBLIGATION E~UIPMEN'I` CERTTFICA'IES OF INDEBTEDNESS, SERIES 1986B BE IT RESOLVED by the City Council. of the City oL Lakeville., Minnesota, as follows: Section 1. Authorization. (a) This Council has heretofore determined. to purchase various items of capital equipment and finance said purchase by the issuance of equipment certificates pursuant to Section 412.301 of the Minnesota Statutes. {b) The Council has solicited bids for the purchase of the Certificates in accordance with the Official Terms or Offering (which bids are summarized in the Exhibit attached hereto) and does hereby find and deterYr?ine that the ;Host favorable bid received is that of Norwest Bank Minneapolis, N.A. , of Minneapolis , Minnesota, to purchase the Certificates at a price of $213,400.00 plus accrued interest to the day of delivery and payment, on the further terms ana conditions hereinafter set forth. (c) The sale of the Certificates is nereay awaraea to said bidder, and the .Mayor and City Clerk are Hereby autnorizea and directed on behalf of the City to execute a contract for the sale of the Certificates in accordance with the terms of said bid. The good faith check of the successful Qiader snal.t be retained by the Finance Director. The good faith checks of other bidders shall be returned to them forthwith. Section 2. Certificate Terms; Registration; Execution and Delivery. 2.01. Maturities; Interest Rates; Denominations; Payment. The Certificates` shall be originally dated as of December 1, 1986, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on February 1 in the respective years and amounts stated below, and snali 4ear interest from date of issue until paid at the respective annual rates set forth opposite such years and amounts, as fellows: -2- ti Year Amount Rate 1988 $ 65,000 4.00 1989 50,000 4.400 1990 50,000 4.70 1991 50,000 5:000 The Certificates shall be issuable only in iu11y registered form. The interest thereon and, upon surrender of each Certificate, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; .Interest Payment Dates. Each Certificate shall be dated as of the last interest payment date. .preceding the date of authentication to which interest on the Certificate has been paid or made available for payment, unless (i) the date of authentication is an interest payment gate to which interest has been paid or made available for payment, in . which case such Certificate shall be dated as of the gate of authentication, or (ii) the date of authentication is prior to Aug ust 1, 1987, in which case such Certificate shall be datea as of December 1, 198.6. The interest on the Certific ates shall be .payable on February 1 and Aug ust 1~ in each year, commencing August 1, 1987, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respec t thereto shall be as follows: (a) .Register. The Registrar shall keep at its principal corporate trust office a bond .register in which the Registrar shall provide for the registration o= ownership of Certificates and the registration of transfers and exchanges of Certificates entitlea to be reyisterea, transferred or exchanged. (b) Transfer of Certificates. Upon surrender for transfer of any Certificate duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized. by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Certificates of a like aggregate principal amount ana -3- ti maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date . (c) Exchange of Certificates. Whenever any Certificates are surrendere~ by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Certificates of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. .All Certificates surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed ny the City. (e) Improper or Unauthorized Transfer. When any Certificate is presented to the Registrar for transfer, the Registrar may refuse to .transfer the same until it is satisfied that the endorsement on such Certificate or separate instrument of transfer is valid and genuine ana that the requested transfer is legally authorized. The Registrar shall incur no liability ror the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f ) Persons Deemed Owners . The City and the Registrar may treat the person in whose name anY Certificate is at any time registered in the bond register as the absolute owner of such Certificate, whether such Certificate shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Certificate and £or all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be v alid and effectual to satisfy and discharge the liak~ility upon- such Certificate to the extent of the sum or sums so paid. (g) Taxes,. Fees and Cnar eg_s. For every transrer or exchange of Certificates, the Registrar may impose a charge upon the owner thereof sufficient to reimnurse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transrer or exchange. (h) Mutilated, Lost, Stolen or DestXoyed Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Registrar -4- t shall deliver a new Certificate of like amount, numger, maturity date and tenor in exchange and substitution for and upon cancellation of .any such mutilated Certificate or in lieu of and in substitution for any such Certificate destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in .connection therewith; and, in the case of a C ertificate destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Certificate was destroyed, stolen or lost, and of the ownership thereot, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and a,nount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Certificates so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given_to the City. If the n~utilatea, destroyed, stolen or lost Certificate has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Certificate prior to payment. 2.04. Appointment of Initial Registrar. Tne City hereby appoints No~west Ban}~,Minneapolis. N.A. Minneapolis ? Minnesota , as the initial Registrar. Tne Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with said Registrar. U pon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to cond uct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services perfor;ned. Tne City reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Certificates in its possession to the successor Registrar aha shall. deliver the bond register to the successor Reyistrar. 2.05. Execution, Au then ication aha Delivery. The Certificates shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Clerk-Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature snarl appear on the Certificates shall cease to be such officer before the delivery. of any Certificate, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same. as if he had remained in office until delivery. Notwitristana-- ing such execution, no Certificate shall be valid or obligatory' -5- • for any purpose or entitled to any Security or benefit unaer this Resolution unless and until a certificate of authentica- tion on such Certificate has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different (:ertiticates need not be signed by the same representative. The executed certificate of authentication on each Certificate snail ae conclusive evidence that it has been authenticates and delivered under this Resolution. When the Certificates have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale here tofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price. 2.06. Redemption. In the event that pursuant to federal laws and regulations the City, in the opinion of bona counsel is required to use unexpended Certificate proceeds for early redemption of Certificates in orser to assure the exemption of interest payable on the Certificates from rederal income taxation, the City shall use such unexpended Certificate proceeds to redeem Certificates on any date. Those Certificates remaining unpaid which have the latest maturity date will be prepaid first. Lf only part of the Certificates having a common maturity date are called for prepayment,,tne specific Certificates to be prepaid will oe chosen by lot. Certificates shall be redeemed at a price of 102 oz the principal amount plus accrued interest. Prior to the date set for redemption of any Certificate prior to its states maturity date, the Clerk shall cause notice of the call for redemption thereof to be published as requires by law ans, at least 20 days prior to the designated redemption date, snarl cause novice of the call to be mailed to the registered Holders of any Certificates to be redeemed at their assresses as they appear on the bond register described in Section 2.U3 hereof. 2:.07. Form of Certificates. Tne Certificates shall be printed in substantially the following form: -6- SPRINGSTED INCORPORATED Public Finance Advisors 85 East Seventh Place, Suite 100 Saint Paul, Minnesota 55101.2143 612.223.3000 $215,000 CITY OF LAKEVILLE, MINNESOTA GENERAL OBLIGATION EQUIPMENT`CERTIFICATES OF WDEBTEDNES5, SERIES 19866 AWARD: NORWEST INVESTMENT SERVICES, INCORPORATED And .Associates SALES November U,1' 986 Moody's Rating: A Interest Net Interest Rates Price Cost & Rate NORWEST INVESTMENT SERVICES, 4.00% 1988 - $213,400.00 $27,258.33 INCORPORATED 4.40% 1989 {4.9488%) American National Bank Saint Paul 4.70% 1990 Dougherty, Dawkins, Strand & Yost, 5.0090 1991 Incorporated Moore, Juran and Company, Incorporated THE FIRST NATIONAL BANK OF 4.25% 1988 $213,602..50 $27,432.92 SAINT PAUL. 4.50° 1989 (4..9802%) 4.7590 1990 ...5.00% 1991 PIPER; JAFFRAY & HOPWOOD 4.25% 1988 $213,400.40 $27,635.02 INCORPORATED 4.50% 1989 (5.0169%) 4.75% 1990 5.00% 1991 CRONIN & COMPANY, NCORPORATED 4.40% 1988 $213,400.40 $28,411.27 MILLER SECURITIES, INCORPORATED 4,70% 1989 {5.1578%) DAIN BOSWORTHJNCORPORATED 4.90% 1990 5.10% 1991 MILLER &SCHROEDER FINANCIAL, 5.00% 1988-199L $213,400.00 $29,141.66 INCORPORATED ~ (5.2904°,6) These Certificates are being reoffered at par. BBIc 6.92 Average' Maturity:- 2.56 Years