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RES 1982-64 - 00006026120 RESOLUTION RIARDING THE SALE OF $1,425j000 GENERAL OBLIGATIM SPECIAL ASSFSS{4ENT FUM BONDS OF 1982; FffiING THEIR FCM AND SPECIFICATUM; DIRHCPING 'THEIR E WCUTION AND DELONERF; AND FRCVIDIM; FOR TM9IR PAS. BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The bid of the Northern Trust Company, of Chicago, Illinois and associates, to purchase $1, 425,000 General Obligation Special Assessment Fund Bonds of 1982, of the City described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $1,397,264.63 plus accrued interest to date of delivery, such bonds to bear interest as follows: 8.508 1983 8.608 1984 -85 8.708 1986 9.008 1987 9.208 1988 9.408 1989 9.608 1990 9.808 1991 10.008 1992 10.208 1993 10.408 1994 10.608 1995 10.708 1996 -99 The sum of $164.63, being the amount bid in excess of $1,397,100, shall be credited to the bond sinking fund hereinafter created. The City Manager is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of the bonds. The City Manager is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Fridley shall forthwith issue and sell it General Obligation Special Assessment Fund Bonds of 1982 (the "Bonds ") in the principal amount of $1,425,000, dated August 11 1982, the Bonds being 285 in number and numbered 1 to 285, both inclusive, in the denanination of $5,000 each, bearing interest as above set forth, all interest payable February 1, 1983, and semiannually thereafter on August 1 and February 1 in each year, and which Bonds mature serially on February 1 in the years and amounts as follows: L Page 2 — Resolution No. 64 - 1982 Year Amount Year Amount 1983 $175,000 1991 $120,000 1984 $125,000 1992 S 90,000 1985 5 95,000 1993 $ 60,000 1986 $120,000 1994 $ 45,000 1987 $120,000 1995 5 15,000 1988 $110,000 1996 $ 30,000 1989 $135,000 1997 $ 15,000 1990 $125,000 1998 $ 30,000 1999 $ 15,000 All bonds maturing after February 1, 19941 are subject to redemption on said date and any interest payment date therafter at par plus accrued interest. 3. Both principal of and interest on the Bonds shall be payable at the Northern Trust Company, in Chicago, Illinois and the City of Fridley shall pay the reasonable charges of said bank for its services as paying agent. 4. The Bonds and the interest coupons to be thereto attached shall be in substantially the following form: No. STATE OF I N S w COUNTY OF ANOKA, MLI OF KID $5,000 KNOW ALL MEN BY THESE PRESENTS That the City of Fridley, Anoka County, Minnesota, acknowleges itself to be indebted and, for the value received, hereby promises to pay to bearer out of its Special Assessment Fund, the sum of FIVE THOUSAND DOLLARS on the lst day of February, 19 , and to pay interest thereon from the date hereof until the principal amount is paid at the rate of percent (—%) per annum, interest to maturity payable February 1, 1983, and semiannually thereafter on the lst day of August and the lst day of February in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severeally become due. Both principal of and interest on this bond are payable at the Northern Trust Company, in Chicago, Illinois, in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. All bonds maturing after February If 1994, are subject to redemption on said date and any interest payment date thereafter at par plus accrued interest. 121 122 Page 3 — Resolution No. 64 - 1982 This bond is one of an issue of bonds in the total principal amount of 51,4251000, all of like date and tenor except as to maturity, interest rate, redemption privilege, and serial number, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, and in anticipation of the collection of special assessments, as authorized by Section 7.12 (d) of the Home Rule Charter of the City and pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City 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 that this bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREDF, the City of Fridley, Anoka County, Minnesota, by its City Council has caused this bond to be executed by the facsimile signature of the Mayor and the manual signature of the City Manager and sealed with a facsimile of the corporate seal of the City, and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1982. (T fit el , City Manager (SEAL) (facsimile seal) (Facsimile) Mayor Page 4 — Resolution No. 64 - 1982 123 (Form of Coupon) No. on the 1st day of February (August), 19 , the City of Fridley, Anoka County, Minnesota, will pay to bearer, out of its General Obligation Special Assessment Fund Bonds of 1982 Fund at the Northern Trust Company, in Chicago, Illinois the amount shown hereon for interest then due on its General Obligation Special Assessment Fund Bond of 1982, dated August 1, 1982, No. (Facsimile) � Mayor (Facsimile) City Manager 5, The City Manager shall obtain a copy of the proposed approving legal opinion of Messrs. Wurst, Carroll and Pearson, P.A., of Minneapolis, Minnesota, which shall be cwmple except as to dating thereof and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Manager in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, excet as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (facsimile signature) City Manager City of Fridley, Minnesota The City Manager is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. 6. The Bonds shall be executed on behalf of the City by the facsmile signature of the Mayor and the manual signature of the City Manager, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of the said officers, and the facsnile of the corporate seal of the City may, but need not be, printed thereon; provided, however, that the signatures of both the Mayor and the City Manager may be facsimile signatures, duly authenticated by the manual signature of an officer of the Bank of hereby designated authenticating agent pursuant to Minnesota Statutes, Section 475.55, Subdivision 1, and, if the bonds are to be so executed and authenticated, the bond form set forth in paragraph 4 hereof shall be modified as follows: 1 124 Page 5 — Resolution No. 64 - 1982 a) Substitute the following paragraph for the final paragraph of the bond: 'IN WITNESS WDERBOF, the City of Fridley, Anoka County, has caused this bond to be executed by the facsimile signatures of the Mayor and the City Manager and with the facsimile of the corporate seal of the City imprinted thereon and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, and the manual signature of its duly authorizing Authenticating Agent on the reverse side of this bond, all as of August 1, 1982.' b) Add the following on the reverse side of the bond: 'This Bond is one of the Bonds of the series designated herein issued pursuant to the resolution authorizing its issuance and delivery." Bank Of As Authenticating Agent M Its Authorized Offficer The Bonds when fully executed, shall be delivered by the City to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 7. The bonds issued hereunder shall be payable from the Special Assessment Funds, as established by Section 7.12(d) of the City Charter and pursuant to all the provisions of said section provided that if any payment of principal or interest shall became due when there is not sufficient money in said fund to pay the same, the treasurer shall pay such principal or interest from the general fund of the City and such fund shall be reimbursed for any advances out of proceeds of assessments or special taxes when collected. 8. It is hereby determined that the estimated collections of special assessments which will be available for the payment of said bonds will produce at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the bonds and no ad valorem taxes are required at this time. 9. The City Clerk shall deliver to the County Auditor of Anoka County a certified copy of this resolution and obtain his certificate in accordance with Section 475.63, Minnesota Statutes. 10. It is hereby determined that the Improvements to be financed by the Bonds will directly or indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bond as follows: 1 1 Page 6 — Resoltion No. 64 - 1982 a) The City will cause the assessments for the Improvements to be pramptly levied so that the first installment will be collectible not later than 1984 and will take all steps necessary to assure prompt collection. The City Council shall cause all further actions and proceedings to be taken with due diligence that are required for the construction of each Improvement financed wholly or partly from the proceeds of obligation issued hereunder, and for the final and valid levy of special assessments and the appropriation of any other funds needed to Fey the obligations and interest thereon when due. b) In the event of any current or anticipated deficiency in said grants, pledged funds, investment income or special assessments, the City Council will levy ad valorem taxes in the amount of said current of anticipated deficiency. c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the grants and pledged funds and any taxes levied and the assessments levied therefor and other funds appropriated for their payment, and all collections thereof and disbursements therefrom, moneys on hand and balance of unpaid assessments. d) The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 11. 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 same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations the City as to the facts stated therein. ' 12. the Mayor and City Manager are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of said official statement or prospectus as it relates to the City. PASSED AND ADOPTED BY THE CITY OJUNCIL OF THE CITY OF FRIDLEY THS 26TH DAY OF JULY, 1982 WILLIAM J. MAYOR ATTEST: SIDNEY C. CITY CLERK 125