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City Council Resolution 1979-12~''4 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HELD: JULY 9, 1979 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Monticello, Minnesota, was duly held at the City Hall in said City on the 9th day of July, 1979, at 7:30 o'clock P.M. Dan Blonigene F~ an~ es Fairmb Kenneth Maus e& PhilipeWhitesmo, and the following were absent: none Member White introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,170,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 BE IT RESOLVED by the City Council of the City of Monticello, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $1,170,000 General Obligation ' Improvement Bonds of 1979 to defray the expense of various improvements in the City. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and award- ing the sale of $1,170,000 General Obligation Improvement Bonds of 1979 of said City. 3. The Administrator is hereby authorized and dir- ected to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commercial West not less than ten days in advance of date of sale, as provided by lacy, which notice shall be in substantially the form set forth in Exhibit A attached hereto: Resolution 1979 #12 4. ThF~ terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. The motion for the adoption of the foregoing resolution was duly seconded by member Blonigen and upon a vote being taken thereon, the following voted in favor thereof: all members and the following voted against the same: none ~~hereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO I, the undersigned, being the duly qualified and acting Administrator of the City of Monticello, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the proposed sale of $1,170,000 General Obligation Improvement Bonds of 1979 of said City. WITNESS my hand as such Administrator and the official seal of the City this --~-- day of _// . 1979. J .~ r i ~ Adminf~strator ;, t (SEAL) EXHIBIT A NOTICE OF BOND SALE $1,170,000 CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA GENERAL OBLIGATIOIJ IMRPOVEMENT BONDS OF 1979 These bonds will be offered Monday, August 13, 1979, at 7:30 o'clock P.M., Central Time, at the City Hall, in Monticello, Minnesota. The bonds will be dated September 1, 1979 and interest will be payable August 1, 1980 and semiannually thereafter. The bonds will be general obligations of the Issuer for which its unlimited taxing powers will be pledged. The bonds will mature, without right of redemption, on February 1 in the amounts and years as follows: $135,000 1982 $115,000 1983 to 1991. All dates are inclusive. Sealed bids for not less than par and accrued interest on the principal sum of $1,170,000 will be accepted. No rate of interest nor the net effective average rate of the issue may exceed 7~ per annum. An acceptable approving legal opinion will be furnished by Briggs and. Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. The proceeds will be used to construct various public improvements in the City. Bidders should be aware that the Official Terms of Bond Sale to be published in the Official Statement for the Offering may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Official Notice of Bond Sale and said Official Terms of Bond Sale the provisions of the latter shall be those to be complied with. Dated: July 9, 1979 BY ORDER OF THE CITY COUNCIL /s/ Gary Wieber Administrator Exhibit B OFFICIAL TERMS OF BOND SALE $ I , 170,000 CITY OF MONTICELLO (WRIGHT COUNTY), MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 These Bonds (The "Obligations") will be offered for sale on sealed bids on Monday, Avgust 13, 1979. Bids will he opened and acted upon at 7:30 P.M., Central Time, at tl~e City Hall in Monticello. The Obligations will be offered upon the following terms: DETAILS OF THE OBLIGATIONS The Obligations will be dated September I, 1979, and will bear interest payable on each February I, and August I to maturity, commencing August I, 1980. The Obligations will be general obligations of the Issuer for which its full faith and credit and unlimited taxing powers will be pledged in addition to special assessments to be levied against benefited property. The Obligations will be non- registrable in bearer form with interest coupons attached, and will be of the denomination of $5,000 each unless other denominations are requested by the Purchaser within 48 hours after the award. The proceeds will be used to construct various public improvements within the City. The Obligations will mature February I, in the amounts and years as follows: $135,000 1982 $115,000 1983-91 All Obligations will be without right of prior redemption. TYPE OF BID A sealed bid for not less than par and accrued interest on the total principal amount of the Obligations, and a certified or cashier's check in the amount of $I 1,700 payable to the order of the Issuer must be filed with the undersigned or the Issuer's Financial Advisor, SPRINGSTED Incorporated, prior to the time of sale; no bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid may be withdrawn until the conclusion of the meeting of the Issuer at which bids are to be acted upon. RATES Bidders may specify rates which must be in integral multiples of 5/100 or I/8 of I°o not exceeding 7% per annum. All Obligations of the same maturity must bear a single rate from the date of issue to maturity. No rate may exceed the rate specified for any subsequent maturity by more than 1.5% per annum. Additional coupons may not be used. The net effective average rate of the Issue may not exceed 7% per annum. AWARD Award will be made on the basis of the lowest dollar interest cost determined by the deduction of any premium from the total interest on all Obligations from their date to their stated maturity, as computed on the basis of the schedule of bond years in the Official Statement published for the Obligations. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. PAYING AGENT Within 48 hours after the sale the Purchaser may name the Paying Agent for whose services the Issuer will pay customary and reasonable fees. An alternate Paying Agent may also be named by the Purchaser provided that there is no additional cost to the Issuer by reason thereof. CUSIP NUMBERS It is anticipated that if the Obligations qualify for assignment of CUSIP numbers such CUSIP numbers will be printed on the Obligations, but neither the failure to print such numbers on any Obligation nor any 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 for by the Purchaser. SETTLEMENT The Obligat~~ns will be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser within 40 days following the date of their award. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Briggs & Morgan, Professional Association of Saint Paul and Minneapolis, Minnesota, which opinion will be printed upon the Obligations, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Obligations by the Purchaser must be made in a manner and in such funds as will reasonably enable the Issuer to invest the proceeds as of the same day. At settlement the Purchaser will be furnished with a certificate signed by appropriate officers of the Issuer on behalf of the Issuer to the effect that the Official Statement prepared for the Issue did not and does not 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. One copy of the Official Statement wi II be furnished without cost to any interested party upon request. Additional copies of the Official Statement will be furnished without cost to the Purchaser upon request in reasonable quantity within a reasonable time of such request. Dated July 9, 1979. BY ORDER OF THE CITY COUNCIL /s/ Gary Wieber Administrator