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CCR1979034and035RESOLUTIONS :;34-79 and 1/35-79 of Common Council Held February 21, 1979 Excerpts of Minutes of Meeting Waukesha County, Wisconsin, was held in open session on February 21, A regular meeting of the Common Council of the City of Muskego, at 8:OO P.M. in the Council Chambers, City Hall. The following 1979 and called to order by Paal J. Schaumberg, the Council President, Aldermen were present: Paul J. Schaumberg, Mark E. Pienkos, Ronald J. Ford, Thomas J. Van Lanen, Ralph Tomczyk, Raymond Wallner and P. Dumke The following Aldermen were absent: None (Mayor Jerome J. Gottfried was absent) (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 $670,000 GENERAL OBLIGATION PKOMISSORY NOTES CITY OF MUSKEGO, WISCONSIN SALE: WEDNESDAY, FEBRUARY 21, 1979 AWARD: THE NORTHERN TRUST COMPANY, CHICAGO, ILLINOIS MOODY'S RATING: "A" NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE THE NORTHERN TRUST Chicago, Illinois COMPANY FIRST NATIONAL BANK OF MINNEAPOLIS M. H. Novick & Company, Inc. Minneapolis, Minnesota DAIN, KALMAN & QUAIL, INC. American National Bank & Trust Co. Minneapolis, Minnesota St. Paul. Minnesota M&E NATIONAL EXCHANGE BANK Blunt, Ellis & Loewi Inc. Milwaukee, Wisconsin FIRST NATIONAL BANK OF SAINT PAUL St. Paul, Minnesota WAUTERLEK & BROWN, INC. Chicago, Illinois CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO Chicago, Illinois 6.20% 6.10% 5.40% 6.00% 5.90% 5.40% 6.00% 5.70% 5.45% 5.50% 6.50% 5.50% 5.40% 5.50% 5.30% 5.40% 5.65% 6.20% 6.00% 5.45% 5.50% 6.70% 6.75% 5.60% 5.50% 1983184 1985 1986188 1983184 1985186 1987188 1983185 1986 1987 1988 1983184 1985 1986 1987188 1983184 1985186 1987188 1983 1984186 1988 1987 1983 1984 1985 1986/88 $307,899.00 5.5080% $308,225.00 5.5138% $31 1,786.24 5.5775% $31 1,850.00 5.5787% $312,413.75 5.5887% $313,317.50 5.6049% $313,640.84 5.6107% $670,056.00 $670,000.00 $670,001.26 $670,000.00 $670,000.00 $670,000.00 $670,001.66 EHLERS AND ASSOCIATES, INC. Financial Specialists (continued on following page) Bid Tabulation Page 2 CITY OF MUSKEGO, WISCONSIN $670,000 PROMISSORY NOTES NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE CHANNER NElrJMAN SECURITIES COMPANY 6.25% 1983/84 Illinois 6.00% 1985/86 5.50% 1987/88 HARRIS TRUST AND SAVINGS BANK Chicago, Illinois I 6.00% 1983/86 5.50% 1987 5.60% 1988 FIRST WISCONSIN NATIONAL BANK OF 7.00% 1983 MILWAUKEE 5.95% 1984 Milwaukee, Wisconsin 5.50% 1985 Carleton D. Beh Co. 5.55% 1986 Des Moines, Iowa 5.60% 1987 5.65% 1988 ROBERT W. BAIRD & COMPANY, INC. 6.90% 1983/85 The First National Bank of Chicago 5.50% 1987/88 Milwaukee, Wisconsin ,5.40% 1986 Illinois LA SALLE NATIONAL BANK Chicago, Illinois 6.25% 1983/85 5.70% 1986 5.60% 1987188 $314,531.25 $670,000.00 5.6266% $316,890.00 $670,010.00 5.6688% $318,096.45 $670,009.80 5.6904% $318,310.00 $670,000.00 5.6942% $318,359.70 $670,271.55 5.6951% EHLERS AND ASSOCIATES, INC. Financial Specialists First National-Soo Line Concourse Mi nneapol is, Minnesota 55402 507 Marquette Avenue Telephone: (612) 339-8291 The City Clerk read the resolution to be known as Resolution No. 34-79as follows: - Resolution Awarding Notes WHEREAS this City has duly received sealed proposals for its issue of $670,000 Promissory Notes; and 'was that submitted by The Northern Trust Company, Chicago, Illinois, and associates; WHEREAS it has been determined that the best proposal received NOW, THEREFORE, BE IT RESOLVED that the proposal of The Northern Trust Company, Chicago, Illinois, and associates, be and it hereby is directed to execute an acceptance of the offer of said successful accepted and the Council President and City Clerk are authorized and 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 Ford moved that Resolution No. 34-79 be adopted. Motion seconded by Alderman Tomczyk and Carrie- the following vote : Ayes: Aldermen Schaumberg, Pienkos, Ford, Van Lanen, Tomczyk, Nos : None Wallner and Dumke The City Clerk read the following resolution, to be known as Reso- lution No. 35-79: - "A Resolution Authorizing the City of Muskego to Borrow the Sum of $670,000 Pursuant to Section 67.12(12) of the Wisconsin Statutes for Corporate Purposes hereinafter called the "City"), is presently in need of the sum of Six Hundred Seventy Thousand Dollars ($670,000) for the purpose of paying part of the costs of public work or improvements and equipment; and WHEREAS the City of Muskego, Waukesha County, Wisconsin (sometimes the best interest of the Ci.ty that said sum be borrowed pursuant to conditions hereinafter provided; the provisions of Section 67.12(12), Wis. Stats., upon the terms and WHEREAS the Common Council of thc City dcenls it nccessciry and in NOW, TfIEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: 2 " . . I ..~ Section 1. The City of Muskego, Wnukesha County, Wisconsin, bor- row the amount of $670,000 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 and on be- half of the City 134 general obligation promissory notes of the City in the denomination of Five Thousand Dollars ($5,000) each, numbered serially on September 1 of each of the years and shall bear interest from 1 through 134, and dated March 1, 1979. Said Notes shall mature as follows: Year Amount Interest - 1983 1984 1985 1987 1986 1988 $ 45,000 50,000 50,000 50,000 375,000 100,000 6.20 % 6.20 6.10 5.40 5.40 5.40 Said interest shall be payable semiannually on March 1 and September 1 of each year, commencing September 1, 1979, in accordance with, and upon presentation and surrender of, the interest coupons to be attached there to. Principal of and interest on these Notes shall be payable in law- ful money of the United States of America at The Northern Trust e Company’ in Chicago, Illinois Section 3. The Notes shall be payable to bearer, shall be de- livered to the lender upon receipt of the price thereof, plus accrued interest to date of delivery and shall be in substantially the following form: *The Northern Trust Company, Chicago, Illinois 3 STATE OF kJISCONSIN COUNTY OF IJAUKESIIA CITY OF MUSKEG0 PROMISSORY NOTE No. $5,000 0 . FOR VALUE RECEIVED, the City of Muskego, Waukesha County, Wiscon- sin, promises to pay to bearer the sum of FIVE THOUSAND DOLLARS ($5,000) on the first day of September, 19 , together with interest thereon at terest to be payable semiannually on the first days of March and Septem- the rate of per cent ( %) per annum, said in- ber in each year, commencing September 1, 1979, 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 Northern prompt payment of this Note with interest thereon as aforesaid, and the Trust Company , in Chicago , Illinois , and for the levying and collection of taxes sufficient for that purpose, the full faith, credit and resources of the City of Muskego, Wisconsin are here- by irrevocably pledged. This Note is issued pursuant to the provisions of Section 67.12(12), Nisconsin Statutes, for the purposes of paying part of the costs of public work and improvements and equipment and is authorized by a reso- lution 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 February 21, 1979, which resolution is re- corded in the official book of its minutes for said date and is referred to as Resolution NO. - 35-79in said minutes. It is hereby certified and recited that all conditions, things and with the issuance of this Note have been done, have existed and have acts required by law to exist or to be done prior to and in connection of the City, including this Note and others authorized simultaneously been performsd in due form and time; that the aggregate indebtedness herewith, does not exceed any limitation imposed by law or the Constitu- tion of the State of Wisconsin; and that the said City has levied a di- rect, annual irrepealable tax sufficient to pay this Note, together with interest therein 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 waiv- er thereof or as a 'waiver' of or acquiescence in any default hereunder. IN WITtJESS IqIICTcCOF, the Cornnion Council of the City of t.lusl;ego, 0 Waukesha County, Wisconsin, has caused this Note to be siyned on behalf of said City by its duly elected Mayor and City Clerk, its corporate 4 seal to be hereto affixed, and the attached coupons to be 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 signature as and for his own proper signature, all as of this first day of March, 1979. WISCONSIN CITY OF IWSKEGO, WAUKESHA COUNTY, BY /* /&*7, .. " CitkClerk BY Mayor (Form of Coupon) No. $ On the first day of , 19 , the City of Muskego, Waukesha County, Wisconsin, promises to pay to bearer the amount shown hereon in lawful money of the United States of America at The Northern Trust that day on its Promissory Note dated March 1, 1979, No. Company , in Chicago , Illinois , for interest due WISCONSIN CITY OF MUSKEGO, WAUKESHA COUNTY, BY (facsimile) BY (facsimile) City Clerk Mayor 5 A est on each of said Notes as the same respectively falls due, the full Section 4. For the purpose of paying the principal of and inter- 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 following years and in the following amounts: 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 19115 For the year 1986 For the year 1987 $ 55,935 37,290 37,290 82,290 84,500 81,400 78,350 125,650 395,250 In each of said years from 1979 to 1987, 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,un- paid, 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 interest on said Notes. There hereby is appropriated from funds of the City on hand the sum of $ 18,645 to be deposited in the Sinking Fund hereinafter cre- ated to be used solely to meet interest paymer'ts due on September 1; the taxes herein levied for the year 1979. 1979, which sum may be returned to the general fund upon collection of aforesaid tax levy sufficient to meet principal and/or interest pay- If at any time there shall be on hand insufficient funds from the ments 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. Section 5. There is hereby established in the City Treasury a fund separate and distinct from all other funds of the City, designated "Sinking Fund for Promissory Notes dated March 1, 1979," which fund shall be used solely for the purpose of paying principal of and inter- est on said Notes. There shall be deposited in said fund the premium, if any, and all accrued interest paid on said NoLcs at the time said Notes are delivered to the lenders, all money raised by taxation or appropriated pursuant to Section 4 hereof or. Section 67.11(1) (3), 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. The provisions of Section 67.11, Wis. Stats., relating to investments and use of surplus shall, insofar as applicable, govern the management of such Sinking Fund. i 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 6. ,The City Comptroller shall keep, maintain and preserve 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(c)(2) of the Internal Revenue Code of 1954, as amended, or the Regulations of the Commissioner of Internal sibility for issuing these Notes shall certify as to facts, estimates Revenue thereunder; and an officer of the City charged with the respon- and circumstances in existence on the date of closing, which will per- mit the conclusion that the "proceeds" will not be used in a manner that would cause the Notes to be "arbitrage bonds." this resolution as possible and sh.all be delivered to the lender upon Section 8. Said Notes shall be executed as soon after adoption of receipt of the price thereof and accrued interest to date of delivery." Mayor Attest: * v City Clerk Approved February 21, 1979. Mayor Recorded February 21, 1979. - Motion seconded by Alderman Tomczyk Alderman Ford moved that Resolution No. 35-79 be adopted. and carried by the following vote: Ayes: Aldermen Schaumberg, Pienkos, Ford, Van Lanen, Tomczyk, Wallner and Dumke NOS : None 7 ’. : The Council President declared the resolution adopted and signed same in open meeting. City Clerk signed the attest of resolution. (Here occurred business not pertinent to the note issue.) There beins no further business to come before the meeting, the - meeting adjourned. 8