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HomeMy WebLinkAbout2.b. 1999C G.O. Improvement Bond Issue CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 25, 1999 AGENDA ITEM: 1999C G.O. Storm Water Revenue Bond AGENDA SECTION: Issue - Authorizing Issuance and Setting Bond Sale PREPARED BY: Jeff May, Finance Director AGEND��p� � � � C ATTACHMENTS: Resolution APPROVED BY: � � This item is on the agenda for your consideration in authorizing the issuance and setting the sale of General Obligation Storm Water Revenue Bonds for the Birger Pond Outlet Project - Project#262. Bids will be opened Tuesday, September 21, 1999, at 12:00 P.M. at the offices of Springsted Incorporated. The bids will be tabulated there and then consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. RECOMMENDED ACTION: Motion to adopt a RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $855,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1999C. COUNCIL ACTION: CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA RESOLUTION 1999- RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $855, 000 GENER.AL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1999C WHEREAS, the City Council of the City of Rosemount, Minnesota, has heretofore determined that it is necessary and expedient to issue its $855, 000 General Obligation Storm Water Revenue Bonds, Series 1999C (the "Bonds") to finance improvements to the storm water utility system in the City; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted") , as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475 . 60, Subdivision 2 (9) ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: l . Authorization; Findinas. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds . 2 . Meetincr; Bid Openinct. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Administrator, or his designee, shall open bids at the time and place specified in such Terms of Proposal . 3 . Terms of Proposal . The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof . 4 . Official Statement. In connection with said competitive negotiated sale, the Administrator, Finance Director and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. 1077661.1 RESOLUTION 1999- ADOPTED this 25th day of August, 1999 . Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Second by: Voted in favor: Voted Against • 1077661.1 2 RESOLUTION 1999- STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF ROSEMOUNT I, the undersigned, being the duly qualified and acting Clerk of the City of Rosemount, 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 the City' s $855, 000 General Obligation Storm Water Revenue Bonds, Series 1999C. WITNESS my hand this day of , 1999 . Clerk 1077661.1 3 EXHIBIT A THE CiN HAS �i.UTHORIZED A`S��T���E R��E VED �N THE FOLL W N�G AS S'� {SSUE ON iTS BEl�I ALF. PRQPOS . TERMS OF PROPOSAI- $s5�,ao� CITY O� ROSEMOUNT, MINNESOTA GENERAL OBBONDS, SERIES�1 99C ER REY�NUE ' (BOOK ENTRY ONLY) Proposals for the i�:londs will 6e received on Tuesday, September 21, 1999, until 12:00 Noon, Central Time, at thr:� offiees of Springsted Incorporated, 85 �ast Se�enth P1ace, Suite 100, SBint Paul, Minnesota, �r3er which time they will be opened and tabu{ated. Consideration for award of the BortdS W��I bi:� by the City Council at 7:30 P.M., Gentral Time, of the same day, SUBM1SSlON OF PROPOSALS Proposals may bE;: submitted in a sealed enve{ope or by fax (65'f) 223-3002 to Spfingsted. Signed PropGsals, ►Nithout final price or coupons, may be subm�tted to Springsted prior to the time of sale. Z'he� bidder shall be responsible for submitEing to Sprirlgsted the final Proposal price 8nd Coupoft�,�, by telephone (651) 223-3000 or f8x (651) 223-3002 fot indusion if1 t�e submitted Propos�r:�i. Springsted �ri�� assume no liability for the inability of the bidder to reach Sptingsted prior tc�� the time of sale specified above. All bidders are advised that e�ch Proposal sha11 be deemed tr.� cotlstitute a contract between the bidder�nd the City t4 purchase the Bonds regard�ess of the ri�anner of the Proposa( submitted- DETAILS OF THE 80NDS The Bonds wi11 b��: dated October 1, 1999, as the date of original i�sue, and wi�� bear interest payable a ed on tl��e bas s of a 360 day year of twelve 30 day mo hs9Ust 1, 2000. Intetest wi{I be comput 7he Bonds will m;:�ture February 1 in the years and amounts as f011ows, 2001 �30,000 2005 550,000 2009 560,000 2013 $70,OOQ ZOd2 $45,000 2006 $50,000 2010 $60,000 2014 $75,000 2003 P45,000 2007 $55,OU0 2011 S65,000 2015 580,000 2004 $45,000 2008 S55,00� 20'f2 $70,000 �QOK ENTRY SYSTEM The Bonds will I:�� issued by means of a book entry system v�rith no physical distribution of Bonds made to I.he public. The Bonds will be issued in fully registered form and ane Bond, representing th� aggregate principal amount of the Bonds rmaturing in each year, ,will be registered in the name of Cede 8� Co. as nOminee of The Depository TruSt Corripany { DTC ), New York, New'�'otiC, which will act as secu►ties depository of the Bonds. Individual purchases of the Bonds ma��r be made in the principal amo+�nt of$5,000 or any multiple thereof of a singte matutlty through� p0ok entries made on the books and records of DTC and its particip2nts. Principal and int��rest are �ayable by the registrarto DTC or its nominee as registered owner of the Bonds. Tr��nster of principal and interest payments to participants of DTC wi{I he th� responsibitity of DTC; transfer of principal and interest payments to beneficial owners by ' -i- participa�ts will be the responsibility of s ei ve a�of tfie Bonds, will be r qu ed to depos t the ownecs- The purch,:�ser, as a condition of d rY . Bonds with DTG, ` REGISTRAR The City will name ��he reg+strar which sha11 be subject to applicable SEC regulations. The CrtY will pay for the services of the reg+strar. OPTIONAL REDEMPTI�N The City may elect on February 1, 2008, be in wholedoryin�part and�i in p rt at�the opton of the after February 1, 2�:�07_ Redemption may City and in such m�anner as the City shall determine. lf less than all Bonds of a maturitY are calted for redemptl�>n, the City will notify DTG of the particular amount of such maturity to be pre�aid. PTC wi11 �:ietermine by �nttw I{ then se ect by lot hePt�en'efic alroWnersn p interests in be redeemed and ..ach partic�pa such maturity to bE!•redeemed. All prep�yments shall be at a price of par plus accn.�ed intecest. SECURITY AND PURPOSE The Bonds will be general flbligations of the City for which the City will pledge its fu�� faith and credit 8nd power �I� IevU h�r tSt St4rma�a eraua lity. taThe p oceeds wi{ bertus dl poetlg a ce revenues denved th�o g improvernents to tl�ie storm water utility syst�m. TYF'E UF PRQPOSALS Proposals shall ber for not less th�n $844,740 and accrued interest on the total principa� amount of the Bonds. PraaOsals shall be accornpanied by a Good Faith Deposit ("Depo��'o ��a abler o of a certified or c�i�hier's cheek or � Firianeial Sucety B�Rn� the pao osal.�lf a Financial Surety �the order of the City. lf a check is used, it must accompa y P Bond is used, it rri��st b�from 2n insurance company licensed to issue SUch a bond in the State of M�nnesota, arn:i p�eapproved by the City. Such bond must be submitted to S�►ringsted lncorporated prio" t0 the opening of the proposals. The Financial Surety Bond must identify each underwriter ��vhose Deposit is guaranteed by such Financial Surety Bond. lf the BondS are awarded to an ui'�derwriter using a Financia{ Surety Bond, then that purchaser is required to submit its Deposi�;to Springsted In�orporated in the form of a certified or cashie�'s check or wire transfer as instru��ted by Springsted Incorporafed t�ot later than 3:30 P.M., Central7ime, on the next business d�uy following the award- lf such ��posit is not received by that tyme, the Financial Sur�ty I:i�nd may be drawn by the City to satisfy the Deposit requirement. The City will deposit the ci'�eck Of the purci�aser, the amount oP which will be deducted at settlement and no iflterest wilt a�:.crue tv the purchaser. ln the ev2nt the purchaser fails to comply with the accepted propos�;l, said am0unt will be retained by the City. No proposal Cdn be withdrawn or �rnended after tr�� time set for receiving proposals unless the meeting of the Issue� schedUled for award of the �,:�bligations is adjourned, recessed, or continued to another date without award of the Obligation::; having been m�de. Rat�s shall be in integral multiples of 5I10�or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity sha41 bea�a single rate from the date of t.l�e Bvnds to the date of maturity. No conditional propoSals will be aCC�pted. AWAFtb The Bonds will ti��: 8warded on the basis of the lowest interesf rat� to be determined on a true interest cost (TI�:;) basis. 7he City's cbmputat�on of the interest rate of eaCh proposal, �n accordance with ��ustomary practice, will be controlling. ' -ii 7he C�ty wiil reseni e the right to: {i}waive noR-Substantive informalitiss of �r1y proposal or of matters relating to the receipt of proposals and award of the Sonds, (ii) reject ail proposals yvithaut cause, and, (iii) reject any proposal which the City determines to hav� failed to comply with the tern'�s here�in. CUSIP NUMBERS If the B4nds quali•I�yr for assignment of CUSIP numbzrs such numbers will be printed on th� Bonds, but nei�h�►' the failure to print such numbers on any Bond rtor any error with respect thereto will constii;xte cause for failure or refusai by the purchaser to accept deliver'y of the Bonds. The CUSI:;�' Se�ice eureau charge for the assignment of CUSIP identification numbers shall be paid by th�:°� purchaser. SETrLEMENT Within 40 days fol'�uwing the date of their award, the Bonds wil! be delivered without cost to the purchaser througti DYC in New York, New York. Delivery wil� be subject to receipt by the purchaser of ar1 ��ipproving legal opinion of Briggs and Morgan, Professional AsSociation, of Saint Paul and R�linneapolis, Minnesata, ar�d of customary closing papers, including a no- litigation cettificatei, qn the date of settlement, payment for the Bands sh211 be rrl�de in federal, or equivalent, furn�s which shall be reczived at the offices of the City or its designee not later than 12:00 Noon, C;entral Time. Except as comp{iance with the terms of p8yment for the Bonds shall have been rriade impossible by action of the City, or its agents, the purchaser shall b� liable to the City f��:�r any loss suffered by the City by reason of the purchasers non-compliance with said terms fo��p�yrnent. CONTINUING DISCLOSURE On the date of ac,tual iSSuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclo���ure Undertaking (the "Undertaking") wheraunder the G�ty will covenant for the benefit of the �wners of the Bonds to provide certain finarlCial and Qther information about the City and noti��es ef cett�in ocCUl'rences to infarmation repositories as specified in and required by SEC I��;ule 15c�-1 Z(b)�5). QFFICIAI.STATEMENT The City has authorized the preparatlOn of an Official Statement containing perEinent inform8tion relati��'to the Bonds, and said 4fFcial Statement vNiH serve as a near�y-final Official Statement within the meanir�g of Rule 15c2-12 of the 5ecurities and Exchange CommisSion. �or copies of tt�e Official Statement or for any additional information prior to sa{e, any prospective purcf��aser is tefeRed t0 the Financial Advisor to the City, Springsted IncotpOrated, a� East Seventh F}lace, Suite 100, Saint Paul, Minnesota 55101, t�lephone (651) 223-3000. The Official StatE�irent, when further supplemented by 2n addendum or addenda spec'rfying the maturity dates, �:�rincipal amounts and interest rates of the Bonds, together with any other information required by law, shall constitut� a "Final OfFcial Statement" of the City witr respect to the Bonds, s:� that term is defined in Rule 15c2-12_ By awarding the Bonds to any underwriter or �r��derwriting syndicate Submitting � proposal tnerefor, the City agrees that, no more than seven business days after the date of such award, it shall ptavid8 without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the U�cia) Statamer�t and the addendum or addenda deSCribed ab4ve. The City designates the senior managing Lind�lwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distr�buting copies of the Final Official Statemen:to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is acceG�ted by the City (i) rt shall accep# suCh designation and (i� it shall enter into a � -iii- contractual relation�;;hip with all Pa�ticipatine��ee of the F�nal Offic a�l Statementses of assuring the receipt by each ��uch Participating Und �ated August 25, 1':�99 BY ORPER OF TNE CITY COUNCIL /g1 Susan M. Waish City Clerk art7rss�0:03 nrn I � -iv -