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HomeMy WebLinkAbout[06a] Issuance and Sale of $150,000 GO CertificatesCM of ST. JM'krR MEETING DATE: April 1, 2010 Council Agenda Item 6 a AGENDA ITEM: Financial Advisor Reports a. Issuance and Sale of 150,000 GO Certificates SUBMITTED BY: Finance /Financial Advisor BOARD /COMMISSION /COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: In 2006 the City issued an equipment certificate in the amount of $ 250,000. The last payment on the bond will be in December 2010; therefore, issuing the debt at this time will not increase the levy additionally than the already required levy. BACKGROUND INFORMATION: Over the past years the City has used two equipment certificates to purchase needed equipment. The use of equipment certificates provided for stabilization of the budget as it relates to equipment purchases. Much of the equipment is extremely costly and it becomes difficult to budget full funding of equipment without providing for spikes in the budget. Therefore, the Capital Improvement Plan was developed at the same time equipment certificates became a financing mechanism. Until 2008, the City had been able to set aside funds to make the necessary purchases. However, in 2008 and 2009 the City suspended capital items due to LGA losses. The intent of the equipment certificates was to coordinate equipment purchases with the expiration of the certificates so the levy for equipment purchases remains constant. In 2010, due to the economic conditions, the amount of the equipment certificate is being reduced from the expiring amount, $ 250,000 to $ 150,000 including issuance costs. The Capital Improvement Plan is being revised to move needed equipment back further. When the budget for 2011 is prepared, the CIP will reflect the changes. Due to the size of the bond issue, Monte Eastvold solicited bids from the local financial institutions to see if they would be interested. The bids must received by next Wednesday and the results will be presented to the City Council for acceptance. BUDGET /FISCAL IMPACT: Issuance of debt in the amount of $150,000 with an anticipated average annual levy of $ 33,600. ATTACHMENTS: Resolution 2010 -008 .................. ............................... 6(a):2 -13 Equipment List ............................ ............................... 6(a):14 REQUESTED COUNCIL ACTION: Issuance of the $150,000 GO Equipment Certificates of Indebtedness requires two separate actions: 1. Authorize the Mayor and Administrator to execute Resolution 2010 -008 Providing for the issuance and sale of $ 150,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A and Levying a Tax for the Payment Thereof. 2. Authorize the Mayor and Administrator to execute the sale documents awarding the bond sale to the financial institution with the lowest interest. 6(a):1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA HELD: April 1, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of St. Joseph, Stearns County, Minnesota, was duly called and held at the City Hall on April 1, 2010, at p.m., for the purpose, in part, of authorizing the issuance and awarding the sale of $150,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO.o1a/0 -DD8' PROVIDING FOR THE ISSUANCE AND SALE OF $150,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of St. Joseph, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $150,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A (the "Certificates" or, individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Project "); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates does not exceed one - quarter of one percent (0.25 %) of the market value of the taxable property in the City (325,653,400 times 0.25% is $814,133); and D. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ( "Northland ") as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Northland; and E. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Administrator - Clerk, or designee, at the offices of Northland, at 10:00 A.M. on March 31, 2010 pursuant to the Summary of Preliminary Terms established for the Certificates; and 2as6272v1 6(a):2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of St. Joseph, Minnesota, as follows: 1. Acceptance of Offer. The offer of , in , Minnesota, to purchase the Certificates and to pay therefor the sum of $150,000, all in accordance with the terms and at the rates of interest hereinafter set forth, is hereby accepted. 2. Original Issue Date; Denominations: Maturities; Interest. The date of original issue of the Certificates is April 1, 2010. The Certificates shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $1,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "), mature on December l in the years and amounts and bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 2010, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Year Principal Amount Interest Rate 2011 $30,000 % 2012 $30,000 2013 $30,000 2014 $30,000 2015 $30,000 3. Purpose. The Certificates shall provide funds to finance the Project, particularly for the acquisition of capital equipment having a useful life at least as long as the Certificates. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. No Optional Redemption. The Certificates shall not be subject to optional redemption and prepayment prior to their stated maturity dates. 5. Regis . The City Administrator - Clerk, City of St. Joseph, Minnesota, is appointed to act as Registrar and transfer agent with respect to the Certificates (the "Registrar "), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate. 6. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 2486272v1 6(a):3 UNITED STATES OF AMERICA STATE OF MINNESOTA STEARNS COUNTY CITY OF ST. JOSEPH R -_ $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2010A Interest Rate Maturity Date Date of Original CUSIP Issue % December 1, 20 April 1, 2010 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of St. Joseph, Steams 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, without option of prior payment, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 2010, 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 Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of this Certificate are payable upon presentation and surrender hereof at the office of the City Administrator - Clerk, City of St. Joseph, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. No Optional Redemption. The Certificates are not subject to optional redemption and prepayment prior to their stated maturity dates. 2486272v1 6(a):4 Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $150,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on April 1, 2010 (the "Resolution ") for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates of Indebtedness, Series 201 OA Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, 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. Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in the denominations of $1,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Certificates of other authorized denominations in equal aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in the office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates 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 Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate 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 Registrar. Qualified Tax- Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 2486272v] 6(a):5 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 Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law and that this Certificate, 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 St. Joseph, Stearns County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the signatures of its Mayor and its Administrator - Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: CITY OF ST. JOSEPH, 2010 STEARNS COUNTY, MINNESOTA REGISTRABLE BY AND PAYABLE AT: City Administrator -Clerk City of St. Joseph, Minnesota Its:_ Mayor Its: Administrator -Clerk 24862720 6(a):6 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Certificate may be made only by the registered owner or the registered owner's legal representative last noted below: DATE OF REGISTRATION REGISTERED OWNER SIGNATURE OF REGISTRAR 24862720 6(a):7 7. Execution. The Certificates shall be executed on behalf of the City by the signatures of its Mayor and Administrator - Clerk, the seal having been omitted as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 8. Delivery: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Administrator -Clerk to the Purchaser upon receipt of the purchase price and the Purchaser shall not be obliged to see to the proper application thereof. 9. Funds and Accounts. There is hereby established a special fund to be designated the "General Obligation Equipment Certificates of Indebtedness, Series 2010A Fund" (the "Fund ") to be administered and maintained by the Administrator -Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less capitalized interest. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Project including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before December 1, 2010); (ii) collections of all taxes herein or hereafter levied for the payment of the Certificates; (iii) all funds remaining in the Capital Account after the payment of all costs of the Project; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (b) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the 2456272x1 6(a):8 Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard 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" or "minor portion" made available under the federal arbitrage regulations. 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 Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 10. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates 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: Years of Tax Lew Years of Tax Collection Amount 2010 -2014 2011-2015 See Attached Tax Levy Schedule The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates 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, Subdivision 3. 11. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, 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 Certificates and any other certificates 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. 12. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota 2486272v1 6(a):9 Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 13. Certificate of Registration. The Administrator -Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Stearns County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor a certificate that the Certificates have been entered in the County Auditor's Register and that the tax levy required by law has been made. 14. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates 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 Certificates 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, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 15. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the closing date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Certificates. 2486292v l 6(a):10 (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section l .150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within thirty days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax - exempt status of the Certificates. 16. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Certificates or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 17. Tax - Exempt Status of the Certificates; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Certificates, and (c) the rebate of excess investment earnings to the United States, if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (a) the Certificates are issued by a governmental unit with general taxing powers, (b) no Certificate is a private activity bond, (c) ninety five percent or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 24862720 6(a):11 18. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Certificates as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; Code; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the (c) the City hereby designates the Certificates as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000; and (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 19. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 20. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof- and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2a86272v1 6(a):12 STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH I, the undersigned, being the duly qualified and acting Administrator -Clerk of the City of St. Joseph, 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 duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $150,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A. WITNESS my hand on April 1, 2010. Administrator -Clerk 2486272v1 6(a):13 2010 Equipment Certificate AD -1006 Computer equipment AD -1007 Computer software AD -1004 Work Station - Finance Director PW -1024 Used Dump Truck (approved 2- 18 -10) PW -1021 Plasma Cutter PW -1028 Power Inverter PW -1027 Rough Cut Mower PW -1015 1545 Lawn Tractor PW -1006 Used Plow Truck (purchased fall 09) PW -1008 Sanders PD -1007 Light Bar - squad car equipment PW (new) Alley Grader attachment Equip Prior Equipment Cost Funds Certificate 28,000.00 1,691.12 26,308.88 20,000.00 1,399.68 18, 600.32 4,000.00 1,500.00 2,500.00 57,300.00 26,300.00 31,000.00 1,600.00 - 1,600.00 1,500.00 - 1,500.00 7,800.00 - 7,800.00 24,130.00 - 24,130.00 14,650.00 - 14,650.00 5,550.00 5,800.00 (250.00) 3,000.00 800.00 2,200.00 8,000.00 - 8,000.00 175,530.00 37,490.80 138,039.20 6(a):14 NORTHLAND SECURITIES TABULATION OF BIDS CITY OF ST. JOSEPH, MINNESOTA $150,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010 -A AWARD: DATE OF SALE: APRII:.'1 2,010 AVERAGE PURCHASE NET INTEREST BIDDER PRICE INTEREST COST RATE First State Bank of St. Joseph $150,000 $15,125 2.75% St. Joseph, Minnesota Central MN Federal Credit Union $ $ % Melrose, Minnesota Northland Securities, Inc. 45 South 7th Street, Suite 2500, Minneapolis, MN 55402 Twi Fm- 1- 800 - 851 -2920 Math 612 -851 -5900 Fax 612 -851 -5987 www.northlandsecurities.com Member NASD and SIPC W' U d W Q CA W 2 W N O N LL O U) U) LU Oo w F- Z C Z a" 0 O W 7 ~ Q � 6L L.L O� U �.: Z O Q 0 J m O 9 W Z W 0) M L O !T 0 O co O O 0 O .0 T O °o p °o c co a) 3 aa)) a) d L a) 0 t a) Q 6% N N R r 3 O T m a) CEO E Q L N ad V a) a pp Ln w> p" N O cli N Cc V d to - (L 6 C T T c o s m CL CF 7 E Z N L a) O O r `O O) (/1 Q M T O J F- C6 U) C) NN O.m 8-0 0 �O O O� OOTN p) �m v N N _m O• Q O Q cc d TTQU64NNQQ in N05 O 0 LO (0 L N 6TH b4 Y C U • O 3 C a) C a) cc ca H (D Q N 0 U fR: 0 7 E Cc a. d O a) 0 y p d D y a N c OU) O U O= O 0 L W W° C O O O z: O O �' Ca a) 7> d 0 2 0 co T a m m �UCC dQZmUm a) 6N? 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W •' (a °)�3o0E m ° r C f0 (D U 4) M O U> y L a) N_ N O O o > ~ y m M U O y EE- U) O C O O C fn O T r a) U cp w 'r- 0 - tA 4 U _ 3 N w ' N C O Q E a) (ni N� A7 +- O N y 'O 3 c6 m C >, > C 3 (a O a) oa (a am ccOOtoQ O_ O N m (a 0 U C N M U O c C N L O Z ,A 44 N (O W w C O 2 From: First State Bank of St. Joseph 3203634816 03/29/2010 12:42 #646'P.001/001 FIRST STATE BANK OF ST. JOSEPH ST. JOSEPH, MINNESOTA 56374 PROPOSAL FORM TO: City of St. Joseph, Minnesota C/O Northland Securities, Inc. Via Fax 612 -851 -5918 45 South 7" Street, Suite 2000 Minneapolis, Minnesota 55402 Phone: (612) 851 -5904 Sale Date: March 31, 2010 For all or none of the $150,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A, in accordance with the Notice of Sale, we will pay you $150,000.00 plus accrued interest to date of delivery. Interest is to be payable on December 1, 2010 and semiannually thereafter. The Bonds will have the following interest rates and' will mature or be subject to mandatory redemption on December l in the years and amounts as follows: True interest percentage: 2,75% 2011 $30,000 2.75 % 2012 30,000 2.75 2013 30,000 2.75 2014 30,000 2.75 2015 30,000 2.75 Net interest cost: $ We have received and reviewed the Notice of Sale and have submitted our requests for additional information or corrections to the Notice of Sale. The Bank will hold the Bonds as an investment for its own account and will not re -offer them to the public. Name of Bank: First State Bank of St Joseph. Minnesota By: The foregoing proposal is hereby duly accepted by and on behalf of the City of St. J eph, Minnesota at 7 :00 PM this 1 " da of April, 2010. City ini for ayor Member FDIC 400 4th Avenue NE, PO Box 159, St. Joseph, Minnesota 56374 -- Phone (320) 363 -7721 -- Fax (320) 363 -4816 a -mail: manage@fsbstjoseph.com -- web site: www.fsbstjoseph.com LOW