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HomeMy WebLinkAbout05-14-73 Adjourned Mtg l l l 1212 May 14, 1973 Pursuant to due call and notice thereof, and adjourned meeting from May 7, 1973 of the City Council of the City of Hastings, Dakota and Wash- ington Counties, Minnesota, was duly held at the City Hall in said City on the 14th day of May, 1973, at 5:00 o'clock P.M. for the purpose of opening and considering bids for and awarding the sale of $475,000 Improve- ment Bonds of 1973 of said City. Members present: Councilmen Kramer, Novak, Wilson, O'Connor, and Acting Mayor Driscoll. Members absent: Councilmen Collins, Ha11ber, Schnirring, and Mayor Petersen. The Clerk presented affidavits showing publication of notice of call for bids on $475,000 Improvement Bonds of 1973 of the City, for which bids were to be received at this meeting, in accordance with the resolution adopted by the City Council on April 23, 1973. Said affidavits were exam- ined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of said bonds. The following bids were received: BIDDER American Nation~ Bank & Trust Company St. Paul, Minn. The Marquette National Bank Minneapolis, Minn. National eity Bank Minneapolis, Minn. Bancnorthwest Chicago, Illinois Northwestern National Bank of Hastings Hastings, Minn. Piper, Jaffray & Hopwood, Inc. Minneapolis, Minn. Dain, Kalman & Quail, Inc. Allison-Williams Company Minneapolis, Minn. COUPONS 4.];0%1974-75 4.20% 1976 4.30% 1977-78 4.40% 1979-80 4.50% 1981-82 4.60% 1983 4.25% 1974-76 4.40% 1977 4.50% 1978-80 4.60% 1981-82 4.70% 1983 NET INTEREST COST & RATE $129,116.00 (4.5503%) PRICE $471,099.00 $472,078.75 $131,251.25 (4.62559%) 4.00% 1974 4.15% 1975 4.25% 1976 4.38% 1977 4.40% 1978 4.45% 1979 4.50% 1980 4.55% 1981 4.60% 1982 4.65% 1983 $470,582.50 $131,488.74 (4.633965%) 4.00% 1974 4.10% 1975 4.20% 1976 4.30% 1977 4.40% 1978 4.50% 1979 4.55% 1980 4.60% 1981 4.65% 1982 4.70% 1983 $470,012.50 $132,793.75 (4.67996%) 4.10% 1974 4.20% 1975 4.30% 1976 4.40% 1977 4.45% 1978 4.50% 1979 4.55% 1980 4.60% 1981 4.65% 1982 4.70% 1983 $468,920.00 $134,603.75 (4.7437%) \"" 1213 First National Bank of St. Paul St. Paul, Minn. First National Bank of Minneapolis, Minneapolis, Minn. $468,350.00 $136,302.50 (4.8036%) 4.10% 1974 4.20% 1975 4.30% 1976 4.40% 1977 4.50% 1978 4.55% 1979 4.60% 1980 4.65% 1981 4.70% 1982 4.75% 1983 The Council then proceeded to consider such bids. After the bids had been considered and discussed, Councilman Kramer introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $475,000 IMPROVEMENT BONDS OF 1973 AND PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council bf the City of Hastings, Minnesota, as follows: 1. That the bid of The American National Bank & Trust Co. to purchase $475,000 Improvement Bonds of 1973 of the City, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth" and to pay therefor the sum of $471,099.00 is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and said bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. Said bonds shall be payable as to principal and interest at the American National Bank and Trust Company of St. Paul. o 2. The $475,000 negotiable coupon general obligation bonds of the City shall be dated June.",l, 1973 and shall be issued forthwith. Said bonds shall be 95 in number and numbered from 1 to 95, both inclusive, in the denomina- tion of $5,000 each. Said bonds shall mature serially, lowest numbers first D without option of prepayment, on December 1 in the years and amounts as follows: $45,000 in each of the years 1974 & 1975; $50,000 in each of the years 1976 to 1980, both inclusive; and $45,000 in each of the years 1981 to 1983, both inclusive. 3. Said bonds shall provide funds for the construction of various improvements in the City. The total cost of said Improvement~, including the cost of construction under the terms of the lowest bid re~eived, engin- eering, legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the improvements before the collec- tion of special assessments levied therefor, and all other costs necessarily incurred and to be incurred from the inception to the completion of the improvements, is estimated to "be at least equal to the amount of the bonds herein authorized. Work on the improvements shall proceed with due dili- gence to completion. 4. The bonds of said issue maturing in the years and bearing the serial numbers set forth below shall bear interest, payable 3une 1, 1974 and semiannually thereafter on December 1 and June 1 of each year, at the respective rates per annum set opposite said maturity years and serial numbers: Maturity Years 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 Serial Numbers Interest Rate 4.10% 4.10% 4.20% 4.30% 4.30% 4.40% 4.40% 4.50% 4.50% 4.60% o Ii ,..---" n tl 1214 5. The bonds and interest coupons to be issued hereunder shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA AND WASHINGTON COUNTIES CITY OF HASTINGS No. $ \ IMPROVEMENT BOND OF 1973 KNOW ALL MEN BY THESE PRESENTS that the City of Hastings, Dakota and Washington Counties, Minnesota, certifies that it is indebted and for value received promises to pay to bearer without option of prepayment the sum of THOUSAND DOLLARS on the first day of December, 19____ and to pay interest thereon from the date hereof until the principal is paid at the rate of per cent ( %) per annum, payable on the first day of June, 1974 and semiannually thereafter on the first day of December and the first day of June in each year, in accordance with and upon presentation and surrender of the interest coupons hereto attached, as the same severally become due. Both principal and interest are payable at 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. This bond is one of an issue in the total principal amount of $475,000 all of like date and tenor, except as to serial number, maturity, and in- terest rate, which bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota for the purpose of providing money for various improvements, and is payable out of the Improvement Bonds of 1973 Fund of the City. This bond constitutes a gen- eral obligation of the City, and to provide moneys for the prompt and full payment of said principal and interest when the same become due, the full fait:h>.and credit and taxing powers of said City have been and are hereby irrevocably pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by theConstitution 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 reg- ular and due form, time and manner as required by law, and this bond, to- gether with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitu- tional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City akota and Washington Counties Minnesota, by its City Council has caused th s bo d to be executed in its behalf by the signatures of the Mayor and th Cit Clerk, and the corporate seal of said City to be printed hereon, and h s c used the interest coupons to be executed and authenticated by the facs i e signatures of said officers, all as of June 1, 1973. ~J ~JJ r:~~ - Ci ty Clerk: . - (Form of Coupon) No. $ ota the No. On the first day of June (December), 19 and Washington Counties, Minnesota, wilt sum shown hereon for interest then duen dated June 1, 1973. , the City of Hastings, Dak- ay to bearer at s Improvement Bond of 1973, /s/ Facsimile City Clerk /s r- I l ,--- I ! ,-- 1215 6. The bonds shall be executed on behalf of the City by the signature of its Mayor and the signature of its Clerk and be sealed with the seal of the City; provided, that one of such signatures and the seal of the City may be printed facsimiles. The interest coupons pertaining thereto shall be executed by the printed, engraved or lithographed facsimile signatures of the Mayor and Clerk. 7. The said bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obliged to see to the proper application thereof. 8. There is nereby created a special fund to be designated "Improve- ment Bonds of 1973 Fund" to be held and administered by the City Treasurer separate and apart from all other funds of the City. Said fund shall be maintained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully paid. In said fund there shall be maintained two separate accounts, to be designated as the "Construction Account" and the "Sinking Fund Account", respectively. The proceeds of the sale of the bonds herein authorized, less any premium and the accrued interest received thereon, and less any amount paid for said bonds in excess of $467,200, and less capitalized interest in the amount of $ -0- , shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making said improvements, including the costs of construction contracts heretofore let and all other costs incurred and to be incurred and the moneys in said account shall be used for no other purpose, provided that the bond proceeds may also be used to the extent necessary to pay interest on said bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied, and provided further that if upon completion of said improv- ments there shall remain any unexpended ba~ance in said Construction Account, said balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Chapter 429,M.S.A. There is hereby pledged and there shall be credited to the Sinking Fund Account, all collec- tions of special assessments herein covenanted to be levied, all accrued interest received upon delivery of said bonds, all funds paid for the bonds in excess of $467,200, capitalized interest in the amount of $ -0- all all funds remaining in said Construction Account after completion of the improvements and payment of the costs thereof, not so transferred to the fund of another improvement. The Sinking Fund Account shall be used solely to pay principal and interest on the bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the City and made payable from said account. 9. The City will made no use of the proceeds of said bonds which, if such use had been reasonably expected on the date of delivery of and payment for the bonds, would have caused such obligations to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code and any regulations promulgated thereunder; and the City will comply with the requirements of said Section 103(d) and regulations throughout the term of the issue. 10. It is hereby determined that no less than $467,181 of the cost of said improvements shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by said improve- ments. The City hereby covenants and agrees that it will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Councilor any of the City officers or employees, either in the making of such assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. Said assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the deferred balance of all such assessments at the rate of 8% per annum: 11. The estimated collections of special assessments and other revenues pledged for the payment of said bonds will produce at least five percent in 1216 excess of the amount needed to meet when due the principal and interest payments on the bonds. For the prompt and full payment of the principal of and interest on said bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. 12. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditors of Dakota County, and Washington County, Minnesota, together with such other information as he shall require, and to obtain from said Auditors their certificates that said bonds have 0.1 been entered in the said Auditor's Bond Register. 13. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to said bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded by member P. Wilson and upon vote being taken thereon, the follow~ ing voted in favor thereof: Councilmen Driscoll, Kramer, Ndvak, O'Connor, and Wilson; and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. ATTEST:J, Lvi _~~ City Clerk Ac ting Mayor o D