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CCR19770006 Resolutions 856-77 & e77 of Common Council Held March 8, 1977 Excerpts of Minutes of Meeting e A regular meeting of the Common Council of the City of Elusl:ego, Waukesha County, Wisconsin, was held in open session on March 8, 1977 and called to order by His Honor, Playor Gottfried at 8:00 P.M. in the Council Chambers, City Hall. The following Aldermen were present: Paul J. Schaumberg, Ronald J. Ford, Char1es.C. Colburn, Mark E. Pienkos, Raymond Waller, Leslie J. Constantineau and Edwin P. Dumke The following Aldermen were absent: None (Here occurred matters not pertinent to the note issue.) The City Clerk announced that bids for Promissory Notes had been received as follows: i $1,310,000 BID TABULATION GENERAL OBLIGATION CORPORATE PURPOSE BONDS CITY OF MUSKEGO, WISCONSIN SALE: TUESDAY, MARCH 8, 1977 AWARD HARRIS TRUST AN0 SAVINGS BANK FIRST NATIONAL BANK OF CHICAGO CHICAGO, ILLINOIS MOODY'S RATING: A NET INTEREST COST - NAPfE OF BIDDER HARRIS TRUST AND SAVINGS BANK FIRST NATIONAL BANK OF CHICAGO Wauterlek & Brown, Inc. Reynolds Securities, Inc. American Fletcher National Bank & Chicago, Illinois Trust Company Indiana Karnpen Sauerman Inc. icago, Illinois THE NORTHERN TRUST COblPANY LaSalle National Bank Robert W. Baird & Company, Inc. Channer Newman Securities Co. First National Bank of IJaukesha Chicago, Illinois Milwaukee, Wisconsin Chicago, Illinois Idaukesha, Wisconsin CONTINENTAL ILLINOIS NATIONAL BANK AN0 TRUST COMPANY Kidder, Peabody & Co., Inc. Bacon, Whipple & Co. sicago, Illinois itage Bank of Milwaukee lwaukee, I4isconsin RATES 4.00% 4.25% 4.40% 4.60% 4.75% 4.70% 4.90% 5.00% 4.00% 4.20% 4.40% 4.60% 4.70% 4.80% 4.90% 5.00% 3.90% 3.70% 4.10% 4.25% 4.60% 4.40% 4.70% 4.80% 4.90% 5.00% YEARS & RATE PRIC 1979180 1981/82 $547,587.25 $1,300,494.0 1983 4.8416% 1984 1986 1985 1987 1988 1979181 $578,031.75 1982 1983 4.87091 7% 1984 1985 1986 1987 1988 $1,297,897.0 1979 1980 1981 1982 1983 1984 1985 1987 1986 1988 $578,056.24 $1 ,297,895.0 4.87091 8% (continued on following page) Bid Tabulation Page 2 $1,310,000 G.O. Corporate Purpose Bonds Muskego, Wisconsin @e: March 8, 1977 NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE DAIN, KALMAN & OUAIL, IN. American National Bank & Trust Co. First National Bank of Minneapolis First National Bank of Saint Paul White, Weld & Company, Inc ... Paine, .Webber, Jackson & Curtis, Inc. Minneapolis, Minnesota St. Paul, Minnesota Minneapolis, Minnesota St. Paul, Minnesota Minneapolis, Minnesota MARINE NATIONAL EXCHANGE BANK Loewi & Company, Inc. Idisconsin rican l!ational Bank & Trust Company of Chicago The First National Bank & Trust Company Chicago, Illinois Oklahoma City, Oklahoma FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE Milwaukee. Wisconsin 3.60% 3.90% 4.10% 4.30% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 4.10% 3.90% 4.25% 4.50% 4.40% 4.60% 4.70% 4.80% 4.90% 5.00% 3.75% 4.004: 4.15% 4.30% 4.50% 4.60% 4.70% 4.85% 5.00% 5.10% 1979 1980 $579,640.50 $1,297,162.00 1981 4.8842% 1982 1983 1984 1985 1986 1987 1988 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1979 1980 1981 1982 1983 1986 1985 1987 1988 1984 5581,052.05 $1,296,991.7C 4.8961% $588,576.25 $1,295,590.0( EHLERS AND ASSOCIATES, INC. Financial Specialists First National-Soo Line Concourse 507 Iqarquette Avenue Minneapolis, Minnesota 55402 Telephone: (612) 339-8291 tion fjo. 56-77 as follows: The City Clerk read the resolution to be known as Resolu- Resolution Awarding Notes WHEREAS this City has duly received sealed proposals for its issue of $650,000 Promissory Notes; and WHEREAS it has.been determined that the best proposal re- ceived was that submitted by * and associates; NOW, THER!ZFORE,BE IT RESOLVEn that the proposal of * and as- sociates, be and it hereby is accepted and the Mayor and City Clerk are authorized and directed to execute an acceptmce of the offer.of said successful purchaser on behalf of the City; FURTHER RESOLVED that the.check of the'successful purchaser be-retained by the City Treasurer unt.il-actual-closing of the note issue and~checks of the unsuccessful bidders be promptly returned. Alderman Schaumberg moved that Resolution No. 56-77 be adopted. Plotion seconded by Alderman Constantineauand carried by the following vote: Ayes: Paul J. Schaumberg, Ronald J. Ford, Charles C. Colburn, Mark E. pienkos, Raymond Waller, Leslie J. Constantineau and Edwin Noes: None P. Dumke ~ as Resolution No. 57-77 : The City Clerk read the following resolution, to be known "A Resolution Authorizing the City~of Muskego to Borrow the -Sum of $650,000 Pursuant to Section 67 -12 (12) of the Visconsin Statutes for Corporate Purposes (sometimes hereinafter called the "City"), is presently in need of the sum of Six Hundred Fifty Thousand Dollars ($650,000) for the purpose of paying part'of the costs of public work or im- provements and equipment; and WHEREAS the City of Muskego, Waukesha County, Wisconsin 9 and in the best interest of the City that said sun be borrowed WHEREAS the Common Council of the City deems it necessary pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided; *Harris Trust and Savings Bank and First National Bank of Chicago, Chicago, Illinois (co-managers) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: Section 1. The City of Muskego, Waukesha County, Wisconsin, borrow the amount of $650,000 from * 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 of the City in the denomination of Five Thousand Dollars ($5,000) and on behalf of the City 130 general obligation promissory notes each, numbered from l'through 130, and dated April 1, 1977. Said Notes shall mature serially on April 1-of each of the years and shall bear interest as follows: Year Amount Interest 1983 $175;000 4.80% 1984 1985 150,000 25,000 4.75% 4.75% 1986 135;OOO 1987 4.75% 165,000 4.90% - Said interest shall be payable October 1, 1977 and semiannually thereafter on April 1 and October 1 of each year in accordance with, and upon presentation and Surrendsr of, the interest cou- 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 Stztes of America at ** . Section 3. The Notes shall be payable to bearer, shall be delivered to the lender upon receipt of the price thereof, plus accrusd interest to date of delivery and shall be in substantially the following form: *Harris Trust and Savings Bank and First Nationai Bank of Chicago, Chicago, Illinois (co-managers) **First National Bank of Waukesha, in Waukesha, Wisconsin and Harris Trust and Savings Bank, in Chicago, Illinois STATE OF WISCONSItI COUNTY OF b7AUKESHA CITY OF MUSKEG0 PROMISSORY NOTE No. $5,000 FOR VALUE RECEIVED, the City of Muskego, F7aukesha County, Wisconsin, promises to pay tu 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 the first days of April and October in each year, commencing October 1, 1977, in accordance with, and upon presentation and erally become -due'. surrender of, the interest coupons attached hereto as they sev- ( %) per annum, said interest to be payable semiannually on payable in'lawful money of the United States of America at * and for the prompt payment of this Note with interest thereon as aforesaid, and the levying and collection of taxes sufficient for of Muskego, Wisconsin are hereby irrevocably pledged. that purpose, the full faith, credit and resources of the City Both principal hereof and interest. hereon are hereby made r I I I shall be subject to call and prior payment in whole or from tine to time in part in inverse numerical order at the option of-the City on April 1, 1985, or on any interest payment date thereafter at the price of 101% of par plus' accrued interest. Not less than thirty (30) days' notice of such call shall be given by the pub- lication of a notice thereof once in a ne'wspaper published in Chicago, Illinois, which customarily publishes like notices as a part of its regular service. Notes of this issue maturing in the years 1986 and 1987 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 and improvements and equipment and is au- thorized by a resolution of the Common Council of the City of Muskego, duly adopted by at least a two-thirds vote of the members- elect of said Common Council at its meeting duly convened on )larch 8, 1977, which resolution is recorded in the official book of its minutes for said date and is referred to as Resolution NO. 57-77 in said minutes. It is hereby certified and recited that all conditions, and in connection with the issuance of this Note have been done, thinqs and acts required by law to exist or to be'done prior to have existed and have been performed in due form and time; that *First National Bank of Waukesha, in Waukesha, Wisconsin and Harris Trust and Savings Bank, in Chicago, Illinois the aggregate indebtedness of the City, including this Note and others authorized simultaneously herewith, does not exceed any Wisconsin; and that the said City has levied a direct, annual limitation imposed by law or the Constitution of the State of irrepealable tax sufficient to pay this Note, together with in- terest 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 con- sidered as a waiver thereof or as a waiver of or acquiescence in any default hereunder. IN WITNESS WHEREOF, the Conmon Council of the City of Muskego, 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 Mayor execution of this Note, does adopt his aforesaid facsimile siqna- and City Clerk, each'of whom in his respective capacity by the day of April, 1977. ture as and for his own proper signature, all as. of this first WAUKESHA COUNTY, WISCONSIN CITY OF ?.lUSI(EGO B~ /s/ Bette J. Bowyer ~y /s/ Jerome J. Gottfried City Clerk myor (Form of Coupon) *- NO. $ On the first day of , 19 , the City of Muskego, Waukesha County, Wisconsin, promises to-pay to bearer the amount s)own hereon in lawful money cf the United States of America at for interest due that day on its Promissory Note dated April 1, 1977, No. , , I WAUKESHA CObTTY, WISCONSIN CITY OF MUSKEG0 BY (facsimile) BY (facsimile) City Clerk Mayor ' (Clause to be added to coupons numbered 17 and up or? Notes 71/130) "Unless the Note to which this coupon is attached shall have been called for prior redemption . - - I, Harris Trust and Savings Bank, in Chicago, Illinois *First National Bank of Naukesha, in Waukesha, Wisconsin and 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 pledged 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 fol1owing:years and in the fol- lowing amounts: Section 4. For the purpose of paying the principal of and 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 For the year l986 $ 46,815..00 31,210.00' ' ' 31,210.00 31,210.00 31,21:0.00 169,247.50 40,091.25 146,291.25 169,042.50 202,010.00, In each of said years from-1977 to-~l986, 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 time 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 paynent of principal of and in- terest on said Notes. A the sum of $15,605.00 to be deposited in the Sinking Fund herein- after created.to be used solely to meet interest papents due on October 1, 1977, which sum may be returned to the geperal fund upon collection of the 'taxes herein levied for the year 1977. There hereby is appropriated from fund-s of the City on hand If at any time there shall be on hand insufficient funds from the aforesaid tax levy sufficient to meet principal and/or interest papents on said Notes when,2ue, the requisite amounts shall be paid from other funds of the City then available, which sms shall be replaced upon the collection of the taxes herein levied - Sectiog 5. There is hereby established in the City Treasury a fund separate and distinct from all other funds of the City, which fund shall be used solely for the purpose of paying principal designated "Sinking Fund for Proxissory Notes dated April 1, 1977," of and interest on said Notes. There shall be deposited in said Notes at the time said Notes are delivered to the lenders, all fund the premium, if any, and all accrued interest paid on said money raised by taxation or appropriated pursuant to Section 4 hereof or Section 67.11(1),(e), IJis. Stats., and such other sums as nay be necessary to pay interest on said Notes when the same shall become due and to retire said IJotes on their respective maturity dates. 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 proceeding had or taken in the course of authorizing and issuing and shall. record a full and correct statement of every step or 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 uatil needed in legal investments provided that no such be "arbitrage -bonds" within-the meaning of Section 103 (c) (2). of investment shall be in such.a manner-.as-would cause the Notes to of-the Comissioner of :Infernal Revenue ti-ereunder;--and.an~officer:~-. the internal^-Revenue Code..of 1954; :as aner.ded,..or the Rsgulations Notes shall certify that on the basis of the facts, estimates and of the City charged-with the responsibility for issuing these.-- pected that the "proceeds" will be used in a manner that would circumstances in existence on the date of closing, it is not ex- .. a cause the Notes to be "arbitrage bonds." Section 8. Said Notes shall be executed as soon after adop- i ~ lender upon receipt of the price thereof and, accrued interest to tion of this resolution as possible and shall be delivered t&the date of delivery." . Alderman Schaumberg~ moved that Resolution No. 57-77 be adopted. Notion seconded by Aldenan Colburn and carried by the following vote: Ayes: Paul J. Schawnberg, Ronald J. Ford, Charles C. Colburn, Mark E. Pienkos, Raymond Waller, Leslie J. Constantineau and Edwin P. Dumke r NOZS : None ! The >layor declared the resolutions adopted and signed same in open meeting. City Clerk signed.attest of resolution. (Here occurred business not pertinent to the note issue.) ! 9 ! i i I