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1992-060 , Extract of Minutes of Meeting of the City Council of the City of Hopkins, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Hopkins, Hennepin County, Minnesota, was held at the City Hall in the City on Tuesday, July 21, 1992, commencing at 7:30 P.M. The following members of the Council were present: Councilmember Robert Anderson Councilmember Charles Kritzler Hayor Berg Councilmember James Shirley Councilmember Charles Redepenning and the following were absent: * * * * * * * * * The following written resolution was presented by Councilmember Anderson who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 92-60 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 1992 BE IT RESOLVED By the City Council of the City of Hopkins, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the City has entered or will enter contracts to construct certain local improvements, the cost of which is to be assessed against benefited property; (b) the City has heretofore established a Permanent Improvement Revolving Fund (PIR Fund) to pay the cost of such improvements; SJB38395 HPllO-44 (c) there are presently insufficient funds available in the PIR Fund to pay the costs of approved and anticipated local improvement projects; (d) Under Section 7.14, Subd. 2 of the City Charter, the City Council may, by four-fifths vote, authorize the issuance of bonds to provide monies for operating the PIR Fund; (e) it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,000,000 Permanent Improvement Revolving Fund Bonds of 1992 (Bonds) pursuant to the Act to provide the financing herein described. 2. To provide monies needed for the PIR Fund, the City will issue and s 11 Bonds in the amount of $1,976,000. To provide in part the additional interest required to market the Bonds. at this time, additional Bonds will be issued in the amount of $24,000. The excess of the purchase price of the Bonds over the sum of $1,976,000 will be credited to the debt service fund in the PIR Fund for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $2,000,000 Permanent Improvement Revolving Fund Bonds of 1992 City of Hopkins Hennepin County, Minnesota NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 1: 00 p. m., C. T. on Tuesday, August 4, 1992, in th offices of Evensen Dodge Inc. in Minneapolis, Minnesota, at which time the bids will b opened and tabulated for consideration by the City Council at a meeting at 7: 30 p . m. on the same day. The bonds are offered on the following terms. Purpose and Security The purpose of the bonds is to provide funds for Permanent Improvement Revolving Fund of the City to be used for the financing of various assessable public improvements in the City. The bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged together with special assessments against benefitted properties. Date and Maturities The bonds will be issued in fully registered form, will be dated August 1, 1992, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: SJB38395 BPllO-44 . Year Amount Year Amount 1994 130,000 2002 135,000 1995 130,000 2003 135,000 1996 130,000 2004 135,000 1997 130,000 2005 135,000 1998 130,000 2006 135,000 1999 135,000 2007 135,000 2000 135,000 2008 135,000 2001 135,000 Redemption The City may elect on February 1, 2001 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after February 1, 2002 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bonds will be payable on February 1, 1993, and semiannually thereafter on each February 1 and August 1. Bonds maturing on the same date must b ar interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. Relti,strar The City will name the Registrar which will be subject to applicable SEC regulations. Principal will be payable at the principal office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for th services of the Registrar. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on th day of payment. SJB38395 BPll0-44 Lee:al Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds ar valid and binding general obligations of the City payable primarily from sp cial assessments against benefitted properties and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Official Statement The City has authorized the preparation of an Official Statement containing p rtinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, shall constitute a Final Official Statement of th 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 an official Bid Form 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 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 executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by th 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. Type of Bid - Amount A sealed bid ~hall be for not less than $1,976,000 and accrued int r st on the total principal amount of the Bonds. Bids 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 $40,000, payable to the order of the City. If a check is used, it must accompany each bid. 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 Evensen Dodg , Inc., prior to the opening of the bids. 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 Evensen Dodge, Inc., in the form of a certified or cashier's check or wire transfer as instructed by Evensen Dodge, Inc. 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 fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn or amended after the time set for receiving proposals unless the me ting SJB38395 BPll0-.... of the City sch duled for award of the Bonds is adjourn d, 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. BY ORDER OF THE CITY COUNCIL Isl James Genellie City Clerk Dated: July 21, 1992. 3. The City Clerk is authorized and directed to advertise the Bonds for sal in accordance with the foregoing Official Notice of Sale and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at 7:30 p.m. on Tuesday, August 4, 1992, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Redeoennin~, and upon vote being taken thereon the following members voted in favor of the motion: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Councilmember Redepenning, Aye; Mayor Berg, Aye. and the following voted against: whereupon the resolution was declared duly passed and adopted. SJB38395 BPllO-.... . Exhibit A NOTICE OF BOND SALE $2,000,000 PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 1992 CITY OF HOPKINS, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 1: 00 p. m., C. T. on Tuesday, August 4, 1992, in the offices of Evensen Dodge Inc. in Minneapolis, Minnesota, at which time the bids will be opened and tabulated for consideration by the City Council at a meeting at 7:30 p. m. on the same day. The bOnds are offered on the following terms. The bonds will be dated August 1, 1992, will bear interest payable semiannually on each February 1 and August 1, commencing February 1, 1993, and will matur on February 1 in the years and amounts as follows: Year Amount Year Amount 1994 130,000 2002 135,000 1995 130,000 2003 135,000 1996 130,000 2004 135,000 1997 130,000 2005 135,000 1998 130,000 2006 135,000 1999 135,000 2007 135,000 2000 135,000 2008 135,000 2001 135,000 The City may elect on February 1, 2001 or on any interest payment date thereaft r to redeem and prepay bonds of this issue in whole or in part, in inverse order of maturities and by lot within maturities, maturing on or after February 1, 2002 at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $1 ,976,000 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance various assessable public improvements in the City. Bidders should be aware that the Official Statement to be distributed for th bonds may contain additional bidding terms and information relative to the bonds. In the event of a variance between statements in this Notice of Bond Sale and th Official Statement bidders must comply with the terms of the latter. BY ORDER OF THE CITY COUNCIL I s I James Genellie City Clerk Dated: July 21, 1992. SJB38395 BPll0-44 " STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF HOPKINS ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Hopkins, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, July 21, 1992., with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $2,000,000 Permanent Improvement Revolving Fund Bonds of 1992 of the City. WITNESS My hand as City Clerk and the corporate seal of the City this 21st day of July , 1992. (SEAL) SJB38395 BPll0-....