Loading...
HomeMy WebLinkAbout85-014 J ~ ~ J'f~J'J- - . EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA HELD: MARCH 25. 1985 , Pursuant to due call and notice thereof, a r.e"ular meeting of the City Council of the City of Arden Hills, Ramsey County, Minnesota, was duly called and held at the City Hall in said City on the 25th dar of March, 1985, at 7:30 P,M. for the purpose of opening, cons~dering bids for, and awarding the sale of $2,515,000 General obligation Improvement Bonds of 1985 of the City, The following members were present: McKrM- Robert Woodburn Councilpersons Nancy Hansen, Dale Hicks, Gary Peck and Thomas Sather. and the following were absent: ~ne- The Clerk presented affidavits showing publication of notice of call for bids on $2,515,000 General Obligation Improvement Bonds of 1985 of the City, for Which bids were to be received at this meeting, in accordance with the resolution adopted by the City Council on February 25, 1985. The affidavits were examined, 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 the Bonds, The following bids were received: Interest Rate Net Interest Cost Bidder SEE NEXT PAGE . FIRST ST. PAUll FIRST MINNEAPOLIS> CO- NORWEST SEOJRIT IES) MANAGERS AIER t CAN NATIONAL BANK) ANO TRUST COMPANY) M. H. Novick & Co. Robert S. C. Peterson, Inc. Moore Jur~n & Company . E. F. HUTTON & COMPANY, INC. Drexel Burnham Lambert, Inc. DAIN BOSWORTIi ) I NCORPORATEO ) JOINT IERRlll l YNOi > MANAGERS CAPITAL MARKETS> Cron I n & Mar<:otte, Inc. Pllne, W.~~r, Jlcklon , Curti. Mlllor Securltle., Inc. ~ CONTINENTAL IlliNOIS) NATlONIL BANK) JOINT Q.AYTON BR()jN &) MANi'GERS ASSOCIATES, INC.> Wit Ilam Blair & Company Blunt EIII. & loewl, INc. 4 PIPER, JAFFRAY & HOPWOOO AIII.on-Wllllam. Co. Dougherty, Dawklos, Strand & Yost, Inc. Cral g-Hall um, Inc. . 6.25% - 1986 6.50:1 - 1987 7 .00% - 1 988 7.25% - 1989 7.50% - 1990 7.75% - 1991 8.10%-1992 8.30% - 1993 8.50% - 1994 8.70:1 - 1995 8.80% - 1996 PUROiASE filiCE: $2,482,305.00 $1,085,478.33 (8.0306%) 6.00:1 - 1986 6.50% - 1987 7.00:1 - 1988 7.25% - 1989 7.50% - 1990 7.75% - 1991 8.00% - 1992 8.25% - 1993 8.50% - 1994 8.75% - 1995 9.00:1 - 1996 PUROiASE fill CE: $2,469,730.00 $1,098,145.00 (8.1243%> 6.00% - 1986 6.50:1 - 1987 7.00:1 - 1988 7.30:1 - 1989 7.70:1-1990 8.00:1 - 1991 8,20$ . 1902 8.40% - 1993 8.60% - 1994 8 .80% - 1 995 9.00:1 - 1996 PUROiASE filiCE: $2,477 ,275.00 $1,103.708.33 (8.1655%) 6.00% - 1986 6 .50% - 1 987 7.00% - 1988 7,50:1 - 1989 7.90% - 1990 8.20:1 - 1991 8.50% - 1992 8.70:1 - 1993 8.90% - 1994 9.10:1 - 1995 9.25% - 1996 PUROiASE fill CE: $2,486,152.94 $1,121,926.22 (8.3003%) 6.25% - 1986 6.751 - 1987 7.00% - 1988 7.40% - 1989 7.70% - 1990 8.00:1 - 1991 8.25% - 1992 8,50% - 1993 8.75% - 1994 9.00:1 - 1995 9.00% - 1996 PUROiASE filiCE: $2,467,215.00 $1,125,547.50 (8.3271%> ~ , the the The COuncil then proceed,d to consider and discuss bids, after which member Hicks,. introduced following resolution and moved lts adgption: RESOLUTION NO, 85-14 RESOLUTION ACCEPTING BID ON SALE OF $2,515,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 PROVIDING FOR THEIR ISSUANCE AND.LEVYING A TAX FOR THE PAYMENT THEREOF . . . BE IT RESOLVED by the COuncil of the City of Arden Hills, Minnesota, as follows: The First National Bank of 1. The bid of St. Paul, Minnesota (the "purchaser") to purchase $2,515,000 General Obl:Lgation Improvement Bonds of 1985 of the City (hereinafter referred to as "Bonds" or individually as "Bond"), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 2,482,305.00 , plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the 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, 2. The Bonds shall be dated April 1, 1985. as the date of original issue and shall be issued forthwith as fully registered bonds, The Bonds shall be numbered from R-l upward in the denomination of $5.000 each or in any integral multiple thereof, The Bonds shall mature on December 1 in the years and amounts as follows: 1986 - 1989 $350,000 1990 $250,000 1991 $200,000 1992 - 1993 $150,000 1994 - 1995 $125,000 1996 $115,000 . 3. The Bonds shall provide funds for the following purposes: (i) to refund at maturity the City's outstanding General Obligation Temporary Improvement Bonds of 1982, dated May 1, 1982 (the "Temporary Bonds") (the "Refunding"); (ii) to refinance the cost of various improvements heretofore internally financed by the City from borrowed funds (the "Unfunded Improvements"): and (iii) to provide funds for the construction of new improvement projects in the City (the "New Improvements") . The total cost of the Refunding, refinancing the Unfunded Improvements and constructing the New 2 -. . Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds herein authorized. Work on the New Improvements shall proceed with due diligence to completion. 4. The Bonds shall beat interest payable semi- annually on June 1 and December 1 of each year commencing December 1, 1985 at the respective rates per annum set forth opposite the maturity years as follows: Maturity Years Interest Rates 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 6.25% 6.50 7.00 7.25 7.50 7.75 8.10 8.30 8.50 8.70 8.80 5. All Bonds of this issue maturing in the years 1992 to 1996, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 1991 and on any interest payment date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first~ and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. PUblished notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds. To effect a partial redemption of Bonds having a com- mon maturity date, the Bond Registrar prior to giving notice of redemption, shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in . 3 - ~ . its discretion. numbers so assigned to such Bonds. as many numbers as. at $5.000 for each number. shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selectedl provided. however. that only so much of the principal amount of each such Bond of a denomination of more than $5.000 shall be redeemed as shall equal $5.000 for. each number assigned to it and so selected. If a Bond is to be redeemed only in part. it shall be surrendered to the Bond Registrar (with. if the City or the Bond Registrar so requires. a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond. without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations. as requested by such holder. in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6, First Trust Company of St. Paul . in St. P~1I1 . Minnesota is appointed to act as bond registrar and transfer agent (the "Bond Registrar") and shall do so unless and until a sUccessor Bond Registrar is duly appointed. all pursuant to any contract the City and Bond Registrar shall execute Which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed, Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication. the form of Assignment and the registration information thereon shall be in substantially the following form:t . 4 -. . - UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF ARDEN HILLS R- $ . GENERAL OBLIGATION IMPROVEMENT BOND OF 1985 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP April 1, 1985 REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL PERSONS BY THESE PRESENTS that the City of Arden Hills, Ramsey County, Minnesota {the "Issuer"}, certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on June 1 and December 1 of each year {each, an "Interest Payment Date"} canmencing December 1, 1985 at the rate per annum specified above, {calculated on the basis of a 360-day year of twelve 30-day months} until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to Which interest has been paid or, if no interest has been paid, fran the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , a duly organ1zed and va11dly eX1sting under the laws of {the "Bond Registrar"}, acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in Whose name this Bond is registered (the "Holder" or "Bondholder") on . 5 - , . the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date. and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premimn, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution 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 regular and due form, time and manner as required by law, and this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Arden Hills, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . 6 - , Date of Registration: . BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution. Bond Registrar By Author~zed S~gnature . Registrable by: Payable at: CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA Isl Facsimile Mayor Isl Facsimile Clerk 7 . . - . ON REVERSE OF BOND . All Bonds of this issue maturing in the years 1992 to 1996, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, ~99l and on any Interest Payment Date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first: and if only part of the Bonds having a canmon maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to the Holders of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a canmon maturity date, a distinctive number for each $5,000 of the principal amount of such Bond, The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected: provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with. if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. . 8 ". . This Bond is one of an issue in the total principal amount of $2,515,000 all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and purs\lant to a resolution adopted by the City Council on March 25, 1985 (the "Resolution") for the purpose of providing money to refund at maturity the Issuer's outstanding General Obligation Temporary Improvement Bonds of 1982, dated May 1, 1982, and to provide funds to finance the construction of various improvements in the City and is payable out of the General Obligation Improvement Bonds of 1985 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of other denominations in equal aggregate principal amounts and in authorized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar, This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regula- tions of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. . 9 - . The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond. . The Issuer and the Bond Registrar.may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) under Act ( Minor) Uniform Gifts to Minors (State) Additional abbreviations may also be used though not in the above list. . 10 -. ASSIGNMENT . For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's si'i'nature to this assignment must correspond W1.th the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account,) . 11 ". . 8. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City: provided, however, that the seal of the City may be a printed facsimile: provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitt~ by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer Who may act on behalf of such absent or disabled officer. In case either such officer Whose signature or facsimile of Whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery, 9. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar, Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is April 1, 1985, The executed Certificate of Authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized . 12 -. , . . denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferort provided, however, that no bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City, All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer, Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond, Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations Which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11, Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. . 13 ", . 12, Interest on any Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than 10 days prior to the Special Record Date. 13. The City and the Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be a~fected by notice to the contrary. 14, The Bonds when so prepared and executed shall be delivered by the City Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. . 15, Refunding of General Obligation Temporary Improvement Bonds of 1982. Pursuant to the resolution adopted by the City Council on April 26, 1982 (the "Temporary Bond Resolution"), there has heretofore been created a Debt Service Account in the General Obligation Temporary Improvement Bonds of 1982 Fund. The Debt Service Account was established for the purpose of paying the principal and interest on the Temporary Bonds. Of the proceeds derived from the Bonds herein authorized, $ 1,486,182 shall be credited to the Debt Service Account (Which sum, together with sums already held in the Debt Service Account, is sufficient to pay all principal and interest to become due on the Temporary Bonds on May 1, 1985). Any surplus in the Debt Service Account in excess of such requirements is hereby pledged and shall be credited to the Debt Service Account hereinafter created in the General Obligation Improvement Bonds of 1985 Fund. Upon payment of the Temporary Bonds, all uncollected special assessments and taxes, heretofore pledged to the Debt Service Account are hereby pledged and shall thereafter be credited to the Debt Service Account created in the General Obligation Improvement Bonds of 1985 Fund, 14 . 16. Refinancing of Unfunded Improvements and Financin1 of New Imarovements. There ~s hereby created a spec~al und to be esignated "General Obligation Improvement Bonds of 1985 Fund" (the "Fund") to be held and administered by the City Treasurer separate and apart from all other funds of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon have been fully paid. There shall be maintained in the Fund two separate accounts to be designated the "Capital Account" and the "Debt Service Account", respectively. The proceeds of the sale of the Bonds herein authorized, less (i) the $ 1,486,182 credited to the 1982 Debt Service Account, (ii) any accrued interest received on the Bonds herein authorized; (iii) any amount paid for the Bonds in excess of $2,467,215; and (iv) capitalized interest in the amount of $29,200 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before December 1, 1985); plus any special assessments levied with respect to New Improvements financed by the Bonds and collected prior to completion of the New Improvements and payment of the costs thereof, shall be credited to the Capital Account, from which there shall be paid all costs and expenses of the Unfunded Improvements and the New Improvements, including the reimbursement of funds from which the City has heretofore borrowed moneys to pay the costs of the Unfunded Improvements and the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the Bond proceeds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments heretofore or herein levied or covenanted to be levied; and provided further that if upon completion of the New Improvements there shall remain any unexpended balance in the Capital Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota statutes, Chapter 429; and provided further that any special assessments credited to the Capital Account are hereby pledged and shall be used only to pay principal and interest due on the Bonds. There is hereby pledged and there shall be credited to the Debt Service Account (a) all collections of special assessments heretofore levied for the Unfunded Improvements or herein covenanted to be levied for the New Improvements and either initially credited to the Capital Account and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the New Improvements and . 15 . payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $2,467,215; (d) capitalized interest in the amount of $29,200 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before December 1, 1985); (e) collections of all taxes herein levied for the payment of the principal and interest on the Bonds; (f) all funds remaining in the Capital Account after completion of the Unfunded Improvements and New Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all funds remaining in or payable to the Debt Service Account created pursuant to the Temporary Resolution for the payment of the Temporary Bonds after provision for payment of all principal and interest due on the Temporary Bonds; and (h) all investment earnings on funds held in the Debt Service Account. The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. Any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. In addition, money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue COde of 1954, as amended. . 17. Special Assessments Levied for the Temporary Bonds. Pursuant to the Temporary Resolut~on, the City has covenanted to levy special assessments for the payment of the Temporary Bonds. The assessments were pledged to the payment of the principal and interest on the Temporary Bonds and are herein pledged to the payment of principal and interest on the Bonds herein authorized. Said assessments were levied in the years 79 to 99. The balance of said special assessments levied in 1984 and collectible in 1985 and all assessments collectible thereafter, including any delinquent assessments, shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: 16 ; . Improvement Designation Amount Rate Levy Years 77- 5- 388.181o.26 87- 79 - 99 78 2- 80 1 196.945.46 10.01 82 - 92 81 1 173.792.08 10.01 82 - 92 81 2 561.584.68 10.01 82 - 97 . 81 - 3 173.953.26 10.01 83 - 89 81 5 75.157.1> 10.01 83 - 93 18. Special Assessments Heretofore Levied for the Unfunded Improvements. It is hereby determined that no less than 20% of the cost to the City of each unfunded Improvement which is being refinanced hereunder within the meaning of Minnesota statutes, section 475.58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Unfunded Improvements. The City hereby represents that it has let all construction contracts within one year after ordering each Unfunded Improvement unless the resolution ordering the Unfunded Improvement specified a different time limit for the letting of construction contracts and it has done and performed, all acts and things necessary for the final and valid levy of such special assessments. In the event that any such assessment is 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 the assessments.or in the performance of any condition precedent thereto, the Gity and this council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The balance of the special assessments levied in 1984 and collectible in 1985 and all assessments collectible thereafter, including any delinquent assessments, shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: project Date Authorized ~entage . 78 - 1 8/21 1979 87- 78 - 3 8/18 1980 8 78 - 4 8/18 1980 8 78 - 5 8/21 1979 8 . 78 - 6 8/18 1980 8 17 ; . 79 - 1 83 2 83 - 3 8/18 1980 8/29 1Q83 8/29 1983 107- 10 to"/.. . 19. Special Assessments Covenanted to be Levied for the New Improvements. It ~s hereby determined that no less than 20% of the cost of the City of each New Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvements specifies a different time limit for the letting of construction contracts and 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 wi th 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 the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments as a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. SUbject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby.authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the ,years shown below and with interest on the declining balance of all such assessments at a 'rate per annum not greater than the maximum permitted by'law and not less than eil1:ht percent (-L%) per annum: " Improvement Designation Amount Levy Years 84-1/84-3 $449.000 Est. Est. as - 91 84-2 170.000 Est. Est. 85 -91 18 . . . At the time the assessments are in fact levied the City Council shall, based on the then current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. . 20. Tax Levy. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy collection Amount 1985 1986 0 1986 1987 0 1987 1988 0 1988 1989 0 1989 1990 0 1990 1991 0 1991 1992 0 1992 1993 $25,000 1993 1994 25,000 1994 1995 25,000 The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for'the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. . The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61(3). For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. . 19 . '. ~ , . . 21. Filing. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain fran the Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register and that the tax levy required by law has been made. . 22. Certified Copies. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the 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 the 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, in- cluding any heretofore furnished, shall be deemed represen- tations of the City as to the facts recited therein. The motion for the adoption of th~ foregoing resolution was duly seconded by member Ha"""n' . and upon vote being taken thereon, the following voted in favor thereof: Mayor R. Woodburn. Councilpersons Nancy Hansen. Dale Hicks. Gary Peck, Thomas Sather. and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. . 20 ., I, . , STATE OF MINNESOTA COUNTY OF R1\MSEY CITY OF ARDEN HILLS . I, the undersigned, being the duly qualified and acting Clerk of the City of Arden Hills, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to opening and considering bids for, and awarding the sale of $2,515,000 General Obligation Improvement Bonds of 1985 of said City. WITNESS my hand and the seal of said City this 2nd day of April , 1985. &~/R1c,~ Clerk (SEAL) . 21