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CCR1975058aRESOLUTION KO. 58 A RESOLUTIOP! Authoriziug tlle City of Muskct:o to orr row the Sum of $910,000 Pursumt to Szction G7 12(12) of the Wisconsin Statutes for Various Corporate P’urpossj WHEREAS the City of k!t~skego, Waukesha County, \‘)isconsin (sometimes hereinafter called the “City”), is prcscntly in need of the snm of Nine Hundred Ten Thousand Dollars (S910,OOO) for the purpose of paying part of thi: costs of the following public projects: $229,000 for street construction, including hard surfacing of roads; $160,601 for equipment; S93,950 for park development; $400,000 for sewer construction, and $26,449 for capitalized interest; .and WHEREAS the Cornmon Council of the City deems it necessary and in the best interest of the City that said sum be borrowed pursuant to the provisions of Section 67,12(12), Ms. Stats., upon the terms and conditions hereinafter provided, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: Secfion l’, The City of Muskego, Waukesha County, Wisconsin, borrow t!le amount of Nine Hundred Ten Thousand Dollars ($910,000) from Dain, Kalrnan & Quail, Inc., Minneapolis, Minnesota for the purpose of paying part of the costs for public work or improvement and the enlargement or extension thereof, and for equipment. .< Section 2. To evidence such indebtedness, the Mayor and City Clerk shall make, execute and deliver to said lcnder, for and on behalf of the City, 182 general oblisation promissory notes of the City in the denomination of Five Thousand Dollars (S5,OOO) each, numbered from 1 through 182, and dated April 1, 1975. Said Notes ~1~111 mature serially on April 1 of each of the ycars and shall bear interest as follows: ~ Year Arnotwzf 1983 1984 1985 $ 35,000 250,000 625,000 Said interest shall be payable semiannually on April 1 and October 1 of ex11 ycar in accordance with, and upon presentation and sunentler of, the intersst coupons to bc attached thercto. e Principal of and intercst on thdsc Notes shall be payzblc i!l la\.ihI money of thc Unitcd St;lteS Of Alnerica at The First National Bank of Saint Paul, in St. Paul, Minnesota. Secfion 3. The Notcs Si1:lll be payablz to bzarer, slmll be delivered to the lender upon rcceipt of the price thcreof, plus accrued interest to dAte of ddivzry and shall be in substantially the fallowing form: STATE OF WISCONSIN COUNTY OF \‘/AUI<ESHA CITY OF MUSKEGO NO. PROMISSORY NOTE s5,ooo FOR VALUE RECEIVED, the City of Milusltego, Waukesha County, Wisconsin, proniises to pay to bearer the sum of FIVE TXOUSAND DOLLARS ($5,000) on the first day of April, 19 , together with interest thereon at the rate of per cent ( ’%) per annum, said interest to be payable semiannually on the first days of April and October in each year, commencing October 1, 1975, in accordancc with, and upon presentation and stmender of, the interest coupons attached hereto as they severally bzcome due. Both principal hereof and interest hcreon are hereby made payable in lawful money of the United States Of America at The First National Bank of Saint Paul, in St. Paul, Minnesota , and for the prompt payment of this Note, with interest thereon 2s aforesaid, and the levying and collection of taxes sufficient for that purpose, the full faith, credit and rzsources of the City of Muskego, \Visconsin, are hereby irrevocably pldged. Notes of this issue maturing in the years 1984 and 1985 shall be subject to call and prior payment in whole or from time to time in part in inverse nl~~nerical order at the option of the District on April 1, 1983, or on any interest payment date thereafter at the price of 101% of par plus accruzd interest. Not less than thirty (30) days’ notice of such call shall be given by the publication Ff a notics thereof once in a newspaper published in Cl-icago, Illinois, which customarily publishes like notices as a part of its regular service. This Note is issued pursuant to the provisions of Section 67.12(12), Wisconsin Statutes, for the purposes of paying part of the costs of public work or improvement and the enlargement or extension thzreof, and for equipment, and is authorized by a resolution of the Common Council of the City of hluskcgo, duly adoptcd by at least a two-thirds vote of thz members-elect of said Common Council at its meeting duly convened on February 26, 1975, which resolution is recordcd in the official book of its e minutes for said date and is referred to as Resolution No. 58 in snid minutes. It is hereby ccrtified and recited that all conditior?s, t1Unl:s aid acts required by law to exist or to be done prior to and in connection with the issuance of this Note have been done, have existed and have bcen performd in due form and time; that the aggregate indebtedness of the City, including this Note and others authorized simdtaneously herewith, does not exceed any limitation imposcd by law or the Constitution of the State of \‘/isconsin; and that the said City has levied a dircct, annual irrepealable tax sufficient to pay this Note, together with interest thereon when and as payable. No delay or omission on the part of the holder hereof to exercise any right hereunder shall impair such right or be considered as a waiver thereof or BS a waiver of or acquiescence in any default hereunder. IN WITNESS \VHEREOF, the Common Council of the City of hiuskego, Waukesha County, Wisconsin, has caused this Note to be signed on behalf of said City by its duly elected Mayor and City Clerk, its corporate seal to be hereto affixed, and the attached coupons to be signed by the facsimile signatures of its h4ayor and City Clerk, each of whom in his respective capacity by the c.xecution of this Note, does adopt his aforesaid facsimile sigature as and for his own proper signature, all as of this first day of April, 1975. CITY OF MUSKEGO, WAUKESIIA COUNTY, IVISCONSIX By ................................................... By ...................................................... City Clcrk Mayor NO. (Form of Coupon) s. On the first day of , 19 , the City of h4us:ce:o. Waukesha County, Wisconsin, promises to pay to bearer the amount shown hereon in lawful money of the Uniied States of herica at The First National Bank of Saint Paul, in St. Paul, Minnesota , for interest due that day on its Promissory Note dated April 1, 1975, No. . (Clause to be added to coupons numbered 16 and up on Xotrs 8/182) e “Unless. the Note to which tllij cot!;)on is attacl1etl shall have been called for prior rcdemption ” Section 4. For the purgose of paying the principal of and interest on each of said Notes as the same respectively falls due, the full faith, credit and taxing powers of the City are hercby irrevocably pledged and thare be and thcre hcreby is levied on all of the taxable property in the City of h:uskego a direct, annual irrepealable tax for the following years and in the fol1o:vinZ amounts: For the year 1975 For the year 1976 For the year 1977 For the year 1978 For the year 1979 For the year 1380 For the year 198 1 For the year 1982 For the year 1983 For the year 1984 $ 77,377.50 51,585.00 51,585.00 51,585.00 51 ,585.00 51 ,585.00 51,585.00 85,605.00 292,625.00 642,812.50 In each of s;lid years from 3975 to 1954, inclusive, the direct, annual irrepedable tax hereinabove levied shall be carried into the tax roll each year and collected in the same manner and at the same time as other taxes of the City for such years are collected. So loj~g as any part of the principal of or interest on said Notes remains unpaid, the proceeds of said tax shall be segregated in the special fund established by Section 5 of this resolution and used solely for the payment of principal of arc1 interest on said Notes. If at any time there shall be on hand insufficient funds from the aforesaid tax levy sufficient to meet principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes hzrein levied. There is hereby appropriated the sum of S 25,732.50 to he deposited in the Sinking Fund hereinafter created to be used solely for interest due through October 1, 1975 and to be returned to the general fund upon collxtion of the taxes levied for the year 1975. Section 5. There is hercby established in the City Treasury a fund szparate and distinct from a11 other funds of the City, designated “Sinking Fund for Promissory Notes dated April 1, 1975,” which Fund shall be used solely for the purpose of paying principal of and interest on said A’otes. Therc shall he deposited in said Fund thc premium, if any, and all accrued interest paid on said Notes at the time said Notes are delivered to the lenders, all money raised by taxation or appropriated pursuant to Section 4 hereof or Section 67.1 1( ])(e), Wis. Stats., and such other sums as may be necessary to pay interest on said Notes when the same shall become due and to retire said Notes on their respective maturity dates. e b b Section 6. The City Comptroller shall keep, maintain and preserve an adequate and correct register account of all Notes issued and all payments and other transactions relating thereto; and the City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step.or proceeding had or taken in the course of authorizing and issuing these Notes. Section 7. The “proceeds” of the Notes shall be used solely for the purposes for which they are issued, but may be temporarily invested until needed in legal investments provided that no such investment shall be in such a manner as would cause the Notes to be “arbitrage bonds” within the meaning of Section 103(d)(2) of the Internal Revenue Code of 1954, as amended, or the Regulations of the Commissioner of Internal Revenue thereunder; and an officer of the City charged with the responsibility for issuing these Notes, shall certify that on the basis of the facts, estimates and circumstances in existence on the date of closing, it is not expected that the “proceeds” will be used in a manner that would cause the Notes to be “arbitrage bonds.’’ Section 8. Said Notes shall be executed as soon after adoption of this resolution as possible and shall be delivered to the lender upon receipt of the price thereof and accrued interest to date of delivery. < yor, Cfi of Muskego Attest: City Clerk, City of Muskego , Recorded this 26th day of February, 1975. ........ ..................................................... A@+ City Clerk, City of Muskego Approved this 2 d day of (Elere occurred business not pertinent to the note issue.) 4 . . . . . . . . . . &9l+ . . . . . . . . . . . . . . . . . . . . . . . . 7 City Clerk r EHLERS AND ASSOCIATES, INC. FINANCIAL CONSULTANTS FIRST NATIONAL-SO0 LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 338-8281 (AREA CODE 6121 March 3, 1975 Mrs. Bette J. Bowyer City Clerk-Comptroller City Hall Muskego, Wisconsin 53150 RE: $910,000 Promissory Notes Dear Mrs. Bowyer: the February 26 minutes of the Common Council awarding the sale Enclosed for your files on the above note issue are two copies of and setting the form and details of the notes. We will notify you as soon as printing has been completed so that arrangements can be made for the signing and delivery of the notes. Sincerely, EHLERS AND ASSOCIATES, INC. Seegar Swanson, Jr. SS:sh Exccrpts of hhutcs of Special Meeting of Colnmon Council Held February 26, 1975 A specid meeting of the Common Council of the City of h?us!tezo, Wnukcsha County, Wisconsin, was held in opx session on ‘A’ednesdap, Fcbrttary 26, 1975, in the Council Clyantbers, City Eall. The hlayor called thc meetin:: to order at 8:OO ?.a!., C.S.T The following Members were preseut: Charles Foldy, Paul Schaumberg, Ronald Ford, Charles Colburn, Raymond Wallner and Edwin Dumke The following Members were absent: Richard Knudsen The Mayor announced that the first order of business was to receive proposals for the City’s S910,OOO Promissory Notes. The Clerk announced that 8 sealed proposals hnd been reccived, cach accompanied by the requisite good faith check ix the amount of $1 8,200. The Clerk then read the following details as to each proposal submitied BID TABULATION $910,000 PROI.IISSORY NOTES CITY OF MUSKEGO, WISCONSIN SALE: WEDNESDAY, FEBRUARY 26, 1975 __ ~ AWARD: DAIN, KALMAN & QUAIL, INC., MINNEAPOLIS, MINNESOTA & ASSOCIATES B MOODY ' S RAT1 NG "A" 1 NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE DAIN, KALMAN & QUAIL, INC. 5.60% 1983/84 $495,655.00 $912,275.00 First National Bank of Minneapolis 5.70% 1985 First National Bank of St. Paul Paine, Webber, Jackson & Curtis Minneapolis, Minnesota 5.6452% St. Paul, Minnesota Minneapolis, Minnesota THE NORTHERN TRUST COMPANY 6.10% 1983/84 $503,602.00 $910,728.00 Robert W. Baird & Co , Inc. 5.7357% Chicago, Illinois 5.60% 1985 Milwaukee, Wisconsin BANC NORTHWEST Chicago, Illinois 6.10% 1983/84 $504,330.00 $910,000.00 5.60% 1985 5.7440% VAN KANPEN, WAUTERLEK & BROWN, INC. 5.65% 1983 $506,195.00 $91 0,000.00 Chicago, Illinois 6.10% 1984 5.65% 1985 5.7653% FIRST WISCONSIN NATIONAL BANK OF 6.20% 1983/84 $509,105.00 $910,879 49 The Milwaukee Company 5.7984% Piper, Jaffray & Hopwood Inc. MILWAUKEE 5.65% 1985 Milwaukee, Wisconsin Minneapol is, Flinnesota LA SALLE NATIONAL BANK 6.10% 1983/84 $510,503.15 $910,076.85 Channer Newman Securities Company 5 70% 1985 Glenn W. Caan Chicago, Illinois 5.81 43% Milwaukee, Wisconsin EHLERS AND ASSOCIATES, INC. Financial Consultants to the City (continued on following page) I Bid Tabulation Page 2 $910,000 Promissory Notes Muskego, Wisconsin '@e: Wednesday, February 26, 1975 ' NAME OF BIDDER RATES YEARS & RATE PRICE NET INTEREST COST MARINE NATIONAL EXCHANGE BANK 5.80% 1983 $517,740.00 Milwaukee, Wisconsin 5.8968% D Loewi & Company, Inc. 5.90% 1984185 $910,000.00 CONTINENTAL ILLINOIS NATIONAL BANK 5.50% 1933 $525,370.50 $910,029.50 & TRUST COMPANY OF CHICAGO 6.00% 1984/85 Chicago, Illinois 5.9837% EtlLERS AND ASSOCIATES, INC. Financial Consultants to the City First National-Soo Line Concourse 507 Marquette Avenue Minneapolis, Minnesota 55402 Area Code: 612 Telephone: 339-8291