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CCR1976181Resolution #lSI & ill82 of Comnon Council Held September 21, 1976 Excerpts of Minutes of Meeting A special neeting of the Common Council of the City of Nuskego, Waukesha County, Wisconsin, was held in open session on September 21, 1976 and called to order by His Honor, Hayor Gottfried at 8:OO P.14. in the Council Chambers, City Hall. The following Aldermen were present: Ronald J. Ford, Charles C. Colburn, Mark E. Pienkos, Raymond Waller and Leslie J. Constantineau The following Aldermen were absent: Paul J. Schaumberg (Here occurred matters not pertinent to the note issue.) The City Clerk announced that bids for Promissory Notes had been received as follows: BID TABULATION $930,000 GENERAL OBLIGATION PROMISSORY NOTES CITY OF MUSKEGO, WISCONSIN - SALE: TUESDAY, SEPTEMBER 21, 1976 AWARD * CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY, CHICAGO, ILLINOIS Moody's Rating: A Nt I lNltHtSl CUSl NAME OF BIDDER RATES YEARS & RATE PRICE CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY Chicago, Illinois WAUTERLEK & BROWN, INC. Chicago, Illinois FIRST NATIOidAL BANK OF CHICAGO Chicago, Illinois MARINE NATIONAL EXCHANGE BANK Loewi 8 Company, Inc. Milwaukee, Wisconsin 4.00% 5.50% 4.40% 4.60% 4.80% 4.90% 5.00% 4.25% 5.75% 5.50% 4.30% 4.60% 4.45% 4.75% 4.90% 5.00% 4.25% 5.70% 5.75% 4.25% 5.00% 4.70% 4.50% 4.80% 4.90% 5.00% 4.25% 5.75% 5.70% 4.40% 4.50% 4.75% 4.60% 4.90% 5.00% 1977 $260,464.75 1978/80 $930,225.25 1981 /82 4.8145% 1983 1984 1977 1978/79 1980 4.8294% $261,273.75 $930,000.00 1984 1985 1986 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 $261,306.50 $930,012.25 . 4.8300% 1977 1978/79 1980 4.8520% $262,497.35 $930,073.90 1981 1983 1984 1985 1982 1986 continued on following page Bid Tabulation Pase 2 $?1)300 G.O. Promissory Notes :4u:ltego, Wisconsin Sale: September 21, 1976 NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE *NORTHERN TRUST COMPANY C~~icago, Illinois Robert W. Baird & Co., Inc. Milwaukee, Wisconsin FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE &C NORTHWEST Milwaukee, Wisconsin nneapolis, Minnesota Milwaukee, Wisconsin e Milwaukee Company Minneapolis, Minnesota Piper, Jaffray & Hopwood Inc. DAIN, YJLMAN & QUAIL, INC. First National Bank of i4inneapolis Fi--t National Bank of Saint Paul Minneapolis, Minnesota *Paul, Minnesota LA SALLE NATIONAL BANK Channer Newman Securities Company Chicago, Illinois 0 a 4.50% 4.50% 6.00% 4.75% 4.60% 4.90% 5.00% 4.40% 5.90% 5.80% 4.70% 4.40% 4.60% 4.90% 4.70% 5.00% 4.20% 4.75% 5.00% 4.25% 5.50% 4.75% 4.60% 4.70% 4.90% 5.00% 1977178 $263,180.50 $930,132.00~ 1979180 1981182 4.8647%~ 1983 1984 1985 1986 1977 1978179 1980 1981 1982 1983 1984 1985 1986 $263,306.60 $930,025.90 4.8670% 1977179 1980182 $264,481 .30 $930,099.95 1983186 4.8887% 1977 1978180 1981 4.9049% $265,356.90 $930,080.60 1982 1983 ,1985186 1984 EHLERS AND ASSOCIATES, INC. Financial Consultants to the City First National-Soo Line Concourse Minneapolis, Minnesota 55402 507 Marquette Avenue Area Code: 612 Telephone: 339-8291 The City Clerk read the resolution to be known as Resolu- tion No. :.l81-76 as follows: WHEREAS this City has duly received sealed proposals for its issue of $930,000 Promissory Notes; and i), 0 e ceived was that submitted by Continental Illinois National Bank WHEREAS it has been determined that the best proposal re- and Trust Company, Chicago, Illinois; NOW, THEREFORE, BE IT RESOLVED that the proposal of Continental it hereby is accepted and the Mayor and City Clerk are authorized, Illinois National Bank and Trust Company, Chicago, Illinois, be and and directed to execute an acceptance of the offer of said suc- cessful purchaser on behalf of the City; FURTHER RESOLVED that the check of the successful purchaser be retained by the City Treasurer until actual closing of the note issue and checks of the unsuccessful bidders be promptly returned - Alderman Colburn moved that Resolution No. 181-76be adopted. Motion seconded by Alderman Ford and carried by the following vote: Ayes: Ronald J. Ford, Charles C. Colburn, Mark E. Pienkos, Raymond Noes: None Waller, Leslie J. Constantineau and Edwin P. Dumke The City Clerk read the following resolution, to be known as Resolution No. 182-76: "A Resolution Authorizing the City of Muskego Section 67.12 (12) of the Wisconsin Statutes to Borrow the Sum of $930,000 Pursuant to for Corporate Purposes WHEREAS the City of Muskego, Waukesha County, Wisconsin (sometimes hereinafter called the "City"), is presently in need of the sum of Nine Hundred Thirty Thousand Dollars ($930,000) for the purpose of paying part of the costs of public work or improvements and equipment; and WHEREAS the Common Council of the City deems it necessary . ~ and in the best interest of the City that said sum be borrowed pursllant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided; e NOW, TfIEREFOFE, BE IT RESOLVED by the Common Council Of the City of Muskego, Waukesha County, Wisconsin, that: consin, borrow the amount of $930,000 from Section 1. The City of Muskego, Waukesha County, Wis- * for the purpose above stated. Section 2. To evidence such indebtedness, the Mayor and City Clerk shall make, execute and deliver to said lender, for and on behalf of the City 186 general obligation promissory notes of the City in the denomination of Five Thousand Dollars ($5,000) each, numbered from 1 through 186, and dated October 1, 1976. and shall bear interest as follows: Said Notes shall mature serially on April 1 of each of the years Year Amount Interest Year Amount Interest - - 1977 $ 50,000 4.00% 1982 $150,000 4.40% 1978 50,000 5.50% 1983 150,000 4.60% 1979 75,000 5.50% 1984 50,000 4.80% 1980 75,000 5.50% 1985 50,000 4.90% 1981 80,000 4.40% 1986 200,000 5.00% Said interest shall be payable April 1, 1977 and semiannually with, and upon presentation and surrender of, the interest cou- thereafter on October 1 and April 1 of each year in accordance pons to be attached thereto. The Notes shall be callable as provided in the note form herein established. Principal of and interest on these Notes shall be payable in lawful money of the United States of America at The Baraboo National Bank, in Baraboo, Wisconsin. delivered to the lender upon receipt of the price thereof, plus accrued interest to date of delivery and shall be in substantially the following form: Section 3. The Notes shall be payable to bearer, shall be *Continental Illinois National Bank and Trust Company, Chicago, Illinois STATE OF WISCOllSIN COUNTY OF WAUKESHA CITY OF MUSKEGO No. PROMISSORY NOTE $5,000 FOR VALUE RECEIVED, the City of Muskego, Waukesha County, Wisconsin, promises to pay to bearer the sum of FIVE THOUSAND 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 April 1, 1977 and semiannually thereafter on the first days of October and April in each year, in accordance with, and upon presentation and surrender of, the interest coupons attached hereto as they severally become due. Both principal hereof and interest hereon are hereby made payable in lawful money of the United States of America at The Baraboo National Bank , in Baraboo , Wisconsin I and for the prompt payment of this Note with interest thereon as aforesaid, and the levying and collection of taxes sufficient for that purpose, the full faith, credit and resources of the City of Muskego, Wisconsin are hereby irrevocably pledged. Notes of this issue maturing in the years 1982 through 1986 shall be subject to call and prior payment in whole or from time to time in part in inverse numerical order at the option of the City on April 1, 1981, or on any interest payment date Not less than thirty (30) days' notice of such call shall be given thereafter at the price of 101% of par plus accrued interest. by the publication of a notice thereof once in a newspaper pub- lished in Chicago, Illinois, which customarily publishes like notices as a part of its regular service. 67.12(12), Wisconsin Statutes, for the purposes of paying part of the,costs of public work and improvements and equipment and is au- Muskego, duly adopted by at least a two-thirds vote of the members- thorized by a resolution of the Common Council of the City of elect of said Common Council at its meeting duly convened on September 21, 1976, which resolution is recorded in the official book of its minutes for said date and is referred to as Resolution No. .. 182-7b in said minutes. This Note is issued pursuant to the provisions of Section things and 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 been performed in due form and time; that the aggregate indebtedness of the City, including this Note and others authorized simultaneously herewith, does not exceed any limitation imposed by law or the Constitution of the State of Wis- consin; and that the said City has levied a direct, annual irre- pealable tax sufficient to pay this Note, together with interest thereon when and as payable. It is hereby certified and recited that all conditions, No delay or omission on the part of the holder hereof to exercise any right hereunder shall impair such right or be con- sidered as a waiver thereof or as a waiver of or acquiescence in any default hereunder. e Muskego, Waukesha County, Wisconsin, has caused this Note to be IN WITNESS WHERCOF, the Common Codncil of the City of 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 bs signed by the facsimile signatures of its Mayor and City Clerk, each of whom in his respective capacity by the execution of this Note, does adopt his aforesaid facsimile signa- day of October, 1976. ture as and for his own proper signature, all as of this first CITY OF MUSKEG0 WAUKESHA COUNTY, WISCONSIN B~ /s/ Bette J. Bowyer BY /s/ Jerome J. Gottfried City Clerk Mayor (Form of Coupon) No. $. On the first day of , 19 , the City of Muskego, Waukesha County, Wisconsin, promises to pay to bearer America at The Baraboo National Bank the amount shown hereon in lawful money of the United States of Wisconsin , for interest due that day on its Promissory Note dated October 1, 1976, No. , in Baraboo , CITY OF MUSKEG0 WAUKESHA COUNTY, WISCONSIN BY (facsimile) BY (facsimile) City Clerk Mayor numbered 10 and up on Notes 77/186) (Clause to be added to coupons "Unless the Note to which this coupon is attached shall have been called for prior redemption . . ." - interest on each of said Notes as the same respectively falls due, the full faith, credit and taxing powers of the City are hereby irrevocably pledcjed and there be and there hereby is levied on all of the taxable property in the City of Muskego a direct, annual irrepealable tax for the following years and in the fol- lowing amounts : Section 4. For the purpose of paying the principal of and For the year 1976 For the year 1977 For the year 1978 For the year 1979 For the year 1980 For the year 1981 For the year 1982 For the year 1983 For the year 1984 For the year 1985 $ 93,870.00 113,057.50 91,495.00 108,932.50 110,110.00 175,050.00 168,300.00 63,650.00 205,000.00 61,225.00 In each of said years from 1976 to 1985, inclusive, the direct, annual irrepealable tax hereinabove levied shall be carried into the tax roll each year and collected in the same manner and at the same tine.as other taxes of the City for such years are collected. So long 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 and in- terest 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 herein levied. a fund separate and distinct from all other funds of the City, designated "Sinking Fund for Promissory Notes dated October 1, 1976," which Fund shall be used solely for the purpose of paying principal of and interest on said Notes. There shall be deposited in said Fund the 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 may be necessary to pay interest on said Notes when the same shall hereof or Section 67.11(1) (e), Wis. Stats., and such other sums as become due and to retire said Notes on their respective maturity dates - Section 5. There is hereby established in the City Treasury e Section 6. The City Comptroller shall keep, maintain snd preserve an adequate and correct register account of all Notes issued and all payments and other tranTiactrons 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 tt.ese Notes. 1- 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 in- vestment shall be in such a manner as would cause the Notes to be "arbitrage bonds" within the meaning of Section 103(d) (2) of of the Commissioner of Internal Revenue thereunder; and an officer the Internal Revenue Code of 1954, as amended, or the Regulations of the City charged with the responsibility for issuing these Nates 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." a tion 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." Section 8. Said Notes shall be executed as soon after adop- Alderman Colburn moved that Resolution No. 1'81.76be adopted. t4otion seconded .by Alderman Dumke and carried by the following vote: Ayes: Ronald J. Ford, Charles C. Colburn, Mark E. Pienkos, Raymond Noes: None Waller, Leslie J. Constantineau and Edwin P. Dumke The Mayor declared the resolution adopted and signed same in open meeting. City Clerk signed attest of resolution. (Here occurred business not pertinent to the note issue.) STATE OF WISCONSIN 1 Milwaukee.Countv 1 ) ss. Duane Dunham, being duly sworn, doth depose and say that he is an authorized representative of The sun. a newspaper published at . MUSkeg9 . Wisconsin and that an advertisement of which the annexed is a .. ............... .... true copy, taken from said paper, was published therein on )Jj.. !4,/?.?5 . ... Y ... Y.. ...... ..... ........... ... ...A........ ..... ....... ............ ......... (Signed) Publisher (Title) Subscribed and sworn to before me this .. .&- .. day 2 of . . ......... 19 .x- My Commission expires ....... i