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HomeMy WebLinkAbout1980-164 CCRMember Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION NO. 80 -164 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,500,000 GENERAL OBLIGATION PARK IMPROVEMENT BONDS OF 1980 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Hennepin County, Minnesota as follows: 1. It is hereby determined: (a) That at a special election duly called and held the voters of the City of Brooklyn Center (the "City approved the issuance and sale of $1,500,000 General Obligation Bonds for the purpose of providing funds to finance the improve- ment and equipping of parks, parklands and related public recreational facilities within the City (the "Project and (b) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,500,000 General Obligation Park Improvement Bonds of 1980 (the "Bonds to provide financing for the Project. 2. In order to provide financing for the Project, the City shall therefore issue and sell Bonds in the amount of $1,500,000. Any excess of the purchase price of the Bonds over the sum of $1,500,000 shall be credited 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 following Official Terms of Bond Sale: OFFICIAL TERMS OF OFFERING $1,500,000 CITY OF BROOKLYN CENTER (HENNEPIN COUNTY), MINNESOTA GENERAL OBLIGATION PARK IMPROVEMENT BONDS OF 1980 Sealed bids for the Obligations shall be opened by the City Manager and City Finance Director on Monday, August 25, 1980, at 12:00 noon, Central Time, at the Brooklyn Center City Council Chambers. The City Council shall meet on the same day at 7:30 p.m., Central Time, in the City Council Chambers to consider the bids. DETAILS OF THE OBLIGATIONS The Obligations shall be dated September 1, 1980, and shall bear interest payable on February 1 and August 1 of each year, commencing August 1, 1981. The Obligations shall be general obligations of the Issuer for which the Issuer shall pledge its full faith and credit and power to levy direct general ad valorem taxes. The Obligations shall be in the denomination of $5,000 in coupon form and non registrable. The proceeds shall be used to improve and equip City parks, parklands, and related public recreational facilities. RESOLUTION NO. 80 -164 The Obligations follows: YEAR 1983 1984 1985 1986 1987 1988 shall mature February 1, in the amounts and years as AMOUNT YEAR AMOUNT $40,000 1989 $100,000 $50,000 1990 $120,000 $60,000 1991 $280,000 $70,000 1992 $300,000 $80,000 1993 $310,000 $90,000 The Obligations shall be without right of prior redemption. TYPE OF BID A sealed bid for not less than $1,500,000 and accrued interest on the total principal amount of the Obligations shall be fil d with the undersigned prior to the time set for the opening of bids. Also p for to the time set for bid opening a certified or cashier's check in the amount of $15,000 shall have been filed with the undersigned or SPRINGSTED INCORPORLTED, the Issuer's Financial Advisor; no bid will be considered for which said check has not been filed. Said check of the Purchaser shall be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the Issuer scheduled for consideration of the bids is adjourned, recessed, or con- tinued to another date without award of the Obligations having been made. Rates offered by Bidders shall be in integral multiples of 5'100 or 1/8 of 1 No rate for a maturity shall exceed the rate specified for any subsequent maturity by more than 1 No rate nor the net effective rate for entire Issue of the Obligations shall exceed 12 Obligations of the same maturity shall bear a single rate from the date of the Obligations to the date of maturity and additional coupons shall not be used. AWARD The Obligations shall be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of the discount, if any, to, the total dollar interest on the Obligations from their date to their final scheduled maturity. The Issuer's computation of the total net dollar interest cost of each bid, in accordance with customary practice, shall be controlling. The Issuer shall reserve the right to: (i) waive nonsubstantive informalities of any bid or of matters relating to the receipt of bids and award of the Obligations, (ii) reject all bids without cause, and, (iii) reject any bid which the Issuer shall determine to have failed to comply with the terms herein. PAYING AGENT The Purchaser may name the Paying Agent but shall do so within two business days after the award of the Obligations. In the event of failure by the Purchaser to name the Paying Agent within said time the Issuer shall do so. The Issuer shall pay for the services of the Paying Agent. An alternate Paying Agent may be named by the Purchaser in the same manner as the principal Paying Agent is named, provided that there shall be no additional cost to the Issuer. RESOLUTION NO. 80 -164 CUSIP NUMBERS If the Obligations qualify for assignment of CUSIP numbers such numbers shall be printed on the Obligations, but neither the failure to print such numbers on any Obligation nor error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Obligations. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award the Obligations shall be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser. Delivery shall be subject to receipt by the Purchaser of an approving legal opinion. of LeFevere, Lefler, Kennedy, O'Brien, and Drawz of Minneapolis, Minnesota, which opinion shall be printed on the Obligations, and of customary closing papers, including a no- litigation certif- icate. On the date of settlement payment for the Obligations shall be made in Federal, or equivalent funds which shall be received at the offices of the Issuer or its designee not later than 1:00 p.m., Central Time of the day of settlement. Except as compliance with the terms of payment for the Obligations shall have been made impossible by action of the Issuer, or its agents, the Purchaser shall be liable to the Issuer for any loss suffered by the Issuer by reason of the Purchaser's noncompliance with said terms for payment. At settlement the Purchaser shall be furnished with a certificate signed by appropriate officers of the Issuer to the effect that the Official Statement prepared for the Issuer did not as of the date of the Official State- ment, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Upon request to the Issuer's Financial Advisor prior to the bid opening underwriters may obtain a copy of the Official Statement. The Purchaser shall be provided with 15 copies and may obtain additional copies at the Purchaser's cost. Any other interested party may obtain a copy, if available, at a price of five dollars. BY ORDER OF THE CITY COUNCIL /s/ Allen S. Lindman City Clerk DATED: July 21, 1980 3. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms of Bond Sale and to cause the abbreviated notice of sale attached hereto as Exhibit "A" to be published in the manner required by law. The City Council shall meet on Monday, August 25, 1980, at 7:30 o'clock p.m. for the purpose of considering bids on the Bonds and taking any other appropriate action. RESOLUTION NO. 80 -164 1 July 21, 1980 Date M6yor 1;W ATTEST: ttlerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -164 EXHIBIT "A" NOTICE OF BOND SALE $1,500,000 GENERAL OBLIGATION PARK IMPROVEMENT BONDS OF 1980 CITY OF BROOKLYN CENTER, MINNESOTA HENNEPIN COUNTY 25, 1980. These Bonds will be offered for sale on sealed bids on Monday, August Bids will be accepted by the undersigned until 12:00 noon, Central Time at the City Hall, when they will be opened by the City Manager and City Finance Director. The City Council will meet on the same day at 7:30 p.m., Central Time, to consider the bids. The Bonds will be dated September 1, 1980, will bear interest payable semiannually on each February 1 and August 1 to maturity, commencing August 1, 1981, and will mature on February 1 in the amounts and years as follows: YEAR AMOUNT YEAR AMOUNT 1983 $40,000 1989 $100,000 1984 $50,000 1990 $120,000 1985 $60,000 1991 $280,000 1986 $70,000 1992 $300,000 1987 $80,000 1993 $310,000 1988 $90,000 The Bonds will be without right of prior redemption. No rate of interest nor the net effective rate of the issue may exceed 12% per annum. Bidders must specify a price of not less than par plus accrued interest. A legal opinion on the Bonds will be furnished by Messrs. LeFevere, Lefler, Kennedy, O'Brien Drawz, of Minneapolis, Minnesota. The proceeds of the Bonds will be used to finance the improvement and equipping of various park properties and related public recreational facilities in the City. Bidders should be aware that the Official Statement of Offering to be published in the Official Statement for the Offering may contain additional biddi g terms and information relative to the Issue. In the event of a varia ce between statements in this Notice of Bond Sale and said Official Terms of Offering, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Allen S. Lindman City Clerk DATED: July 21, 1980 C