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CCR1987211COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #211-87 RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED $3,710,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS of Muskego, Waukesha County, Wisconsin (the "City") adopted three WHEREAS, on August 25, 1987, the Common Council Of the City Initial Resolutions authorizing the issuance of general obliga- tion bonds pursuant to the provisions of Chapter 67, Wisconsin Statutes, in the following amounts for the following purposes: Not to exceed $560,000 for the purpose of paying the cost of constructing, extending, enlarging, reno- vating, rebuilding, repairing and improving sanitary sewers ( "Sanitary Sewers") ; Not to exceed $440,000 for the purpose of paying the cost of constructing, extending, enlarging, reno- vating, rebuilding, repairing and improving waterworks facilities ( "Waterworks") ; and the cost of refunding outstanding indebtedness of the Not to exceed $4,000,000 for the purpose of paying City (hereinafter the foregoing shall be referred to as the "Initial Resolutions"). WHEREAS, pursuant to Section 67.05 of the Wisconsin Statutes, initial resolutions authorizing borrowing for the purpose of resolutions for purposes set forth in Section 67.05(5)(b) shall refunding shall be effective without a referendum, and initial be effective without a referendum unless within thirty (30) days after the recording thereof a sufficient petition is filed in the office of the City Clerk; published on September 3, 1987 in the Muskego Sun with respect to WHEREAS, the City Clerk caused a Notice to Electors to be the adoption of the initial resolutions for the Sanitary Sewers and the Waterworks; WHEREAS, no petition for referendum was filed within the necessary, desirable and in the best interest of the City that the thirty (30) day period, and the Common Council now deems it to be general obligation bonds heretofor authorized be issued and sold as a single issue of general obligation corporate purpose bonds in the aggregate principal amount of not to exceed $3,710,000; $440,000 shall be for Waterworks and not to exceed $2,710,000 shall be for the purpose of refunding outstanding indebtedness; and WHEREAS, it is now necessary to authorize the sale of the WHEREAS, of such amount $560,000 shall be for Sanitary Sewers, general obligation corporate purpose bonds. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City that: shall offer the not to exceed $3,710,000 General Obliqation Section 1. Sale of the Corporate Purpose Bonds. The City Corporate Purpose Bonds (the vqBondsttj for public sale-on October 27, 1987. authorized and directed to cause notices of sale, in substantiallv Section 2. Notice of Sale. The City Clerk is hereby the form hereto attached as Exhibit A and incorporated herein by this reference, to be published once in either the Muskego Sun, the official newspaper of the City, or in The Bond Buyer, a financial newspaper published in the City of New York, New York prior to the date set for the sale of the Bonds. sultation with the City's financial advisor, Ehlers and Associates, Section 3. Official Notice of Sale. The City Clerk (in con- Inc.) shall also cause-an Official Notice of Sale to be prepared and distributed in substantially the form attached hereto as Exhibit B and incorporated herein by this reference and may pre- pare or cause to be prepared an Official Statement or other form of offering circular. The details of the approved Bonds set forth in Exhibits A and B are hereby adopted and approved as and for the details of the Bonds. Section 4. Award of the Bonds. Following receipt of bids for the Bonds, the City shall consider taking further action to provide the details of the Bonds: to award the Bonds to the iowest responsible bidder therefor whose proposal results in the lowest net interest costs to the City; and to levy a direct annual irrepealable tax sufficient to meet principal and interest on the Bonds as the same becomes due as required by law. rules or other actions of the City or any parts thereof in con- flict with the provisions hereof shall be, and the same are, Section 5. Conflictinq Resolutions. All prior resolutions, hereby rescindeh insofar as the same may so conflict. provisions hereof shall for any reason be held to be illeqal or Section 6. Severability. In the event that any one or more provisions hereof. invalid, such illegality or inbalidity shall not affect any other immediately upon adoption and approval in the manner provided by law. Section 7. Effective Date. The foregoing shall take effect Adopted and recorded this 13th day of October, 1987. Wciy& G. Salentine May6r Attest: City Clerk -2- ( SEAL ) EXHIBIT A NOTICE OF SALE $3,510,000* CITY OF MUSKEG0 GENERAL OBLIGATION CORPORATE PURPOSE BONDS WAUKESHA COUNTY, WISCONSIN DATED NOVEMBER 19, 1987 SEALED BIDS will be received until 10:30 a.m. (Central Time) on October 27, 1987 The Bonds will be dated November 19, 1987 and will mature serially on December 1 of each year, in the years and principal amounts as follows: Year 1988 1989-90 1991 1992** 1993** 1994 1995-96 1997 - Amount 25,000 425,000 300,000 60,000 ,000,000 400,000 200,000 600,000 Interest is payable commencing on June 1, 1988 and semi-annually thereafter on December 1 and June 1 of each year. the manner provided in the Official Notice of Sale. The Bonds are callable on December 1, 1991 and thereafter in Milwaukee, Wisconsin; the transcript of proceedings; and printed The approving legal opinion of Mulcahy & wherry, S.C. of Bonds will be furnished to the Purchaser without cost. Additional information including the Official Notice of Sale and the Official Statement may be obtained by addressing inquires Minneapolis, Minnesota 55402, or the undersigned. to: Ehlers and Associates, Inc., 507 Marquette Avenue, Charlotte L. Stewart City Clerk City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 (414) 769-4100 * Estimated, subject to change ** The City reserves the right, after bids are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction shall be in the 1992 or 1993 maturities and shall be an amount not to exceed $100,000 per maturity. EXHIBIT B OFFICIAL NOTICE OF SALE $3,510,000* WAUKESHA COUNTY, WISCONSIN CITY OF MUSKEG0 GENERAL OBLIGATION CORPORATE PURPOSE BONDS DATED NOVEMBER 19, 1987 SEALED BIDS will be received by the City Clerk, City of Muskego, Waukesha County, Wisconsin for all but no part of its $3,510,000 General Obligation Corporate Purpose Bonds, in the Wisconsin 53150 until 10:30 a.m. (Central Time) on office of the City. Hall, W182 S8200 Racine Avenue, Muskego, October 21, 1987 bids should be directed to the City Clerk and plainly marked "Bid at which time the bids will be publicly opened and read. The date for the purpose of taking action on such bids as may be for Bonds". A regular meeting of the City will be held on said received. serially on December 1 of each year, in the years and principal amounts as follows: The Bonds will be dated November 19, 1987 and will mature Year Amount - 1988 1989-90 1991 1992** 1993** 1994 1995-96 1997 $ 25,000 300,000 425,000 400,000 60,000 1,000,000 200,000 600,000 Interest on said Bonds will be payable commencing on June 1, 1988 and semi-annually thereafter on December 1 and June 1 of each year. At the option of the City, the Bonds maturing on December 1, 1991 and thereafter shall be subject to redemption prior to maturity on December 1, 1990 or on any interest payment date thereafter. Said Bonds shall be redeemable as a whole or in part, in inverse order of maturity and within each maturity by lot, at the principal amount thereof, plus accrued interest to the date of redemption. * Estimated, subject to change ** The City reserves the right, after bids are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction shall be in the 1992 or 1993 maturities and shall be an amount not to exceed $100,000 per maturity. The Bonds shall be issued in registered form in the denomina- tion of $5,000 or any integral multiple thereof. The Bonds are payable as to principal upon presentation and surrender thereof Wisconsin, the fiscal agent appointed by the City pursuant to the provisions of Section 67.10(2), Wisconsin Statutes, to act as bond registrar and paying agent (the "Bond Registrar"). Payment mailed to the registered owner by the Bond Registrar. The City of each installment of interest shall be made by check or draft shall pay all costs relating to the registration and transfer of the Bonds. at the principal office of First Bank (N.A.), Milwaukee, The Bonds are general obligations of the City. The principal of and interest on the Bonds will be payable from ad valorem taxes, which may be levied without limitation as to rate or amount upon all of the taxable property located in the City. The Bonds shall be issued for following purposes: For the purpose of paying the cost of constructing, extending, enlarging, reno- vating, rebuilding, repairing and improving sanitary sewers constructing, extending, enlarging, renovating, rebuilding, ("Sanitary Sewers"); for the purpose of paying the cost of repairing and improving waterworks facilities ("Waterworks"); and for the purpose of paying the cost of refunding outstanding indebtedness of the City (hereinafter the foregoing shall be referred to as the "Initial Resolutions"). obligations" pursuant to the provisions of Section 265(b)(3) of such designation, the City Clerk or other officer of the City the Internal Revenue Code of 1986, as amended, and in support of charged with the responsibility for issuing the Bonds, shall pro- vide an appropriate certificate of the City as of the date of delivery and payment for the Bonds. The City has designated the Bonds to be "qualified tax-exempt multiples of One-Twentieth (1/20) or One-Eighth (l/8) of One Percent (1%). Any number of rates may be bid but no rate spe- cified for any maturity shall be lower than the interest rate for any earlier maturity. All Bonds of the same maturity shall bear the same interest rate. No bid for less than Ninety-eight and plus accrued interest to the date of delivery will be considered. One Half Percent (98.50%) of the principal amount of the Bonds The Bonds shall be awarded to a responsible bidder whose proposal results in the lowest net interest cost to the City. Bids will be received on an interest rate basis in integral cashier's check payable to the City in the amount of SEVEN THOUSAND TWENTY DOLLARS ($7,020.00). The check of the successful bidder shall constitute a good faith deposit and shall be retained by the City to insure performance of the requirements of the sale by the successful bidder. In the event the successful will be forfeited as full and complete liquidated damages. upon bidder shall fail to comply with the terms of its bid, the check delivery of the Bonds, the check will be applied to the purchase Each bid shall be accompanied by a certified check or m I -2- price of the Bonds or returned to the Purchaser, but no interest shall be allowed thereon. After the award is made to the suc- cessful bidder, the checks of the unsuccessful bidders will be returned forthwith. The Bonds shall be delivered to the successful bidder, anywhere in the continental United States, within approximately must be made in federal or other immediately available funds. In sixty (60) days after the award. Payment at the time of delivery the event delivery is not made within sixty (60) days after the date of the sale of the Bonds, the successful bidder may, prior to tender of the Bonds, at its option, be relieved of its obliga- tion under the contract to purchase the Bonds and its good faith check shall be returned, but no interest shall be allowed thereon. The successful bidder will be furnished without cost, the unqualified approving legal opinion of Mulcahy L Wherry, S.C. of printed on the reverse side of the Bonds. A transcript of the Milwaukee, Wisconsin. A copy of said legal opinion shall be proceedings relative to the issuance of the Bonds (including a No-litigation Certificate and a Certificate of Delivery and Officer's Receipt) and printed Bonds shall be furnished to the successful bidder without cost. CUSIP numbers will be printed on the Bonds. cessful bidder shall furnish to the City a certificate, made on the best knowledge, information and belief of the successful bidder, acceptable to bond counsel, stating the initial reof- fering prices to the public of each maturity of the Bonds and Bonds was sold to the public or final purchasers thereof (not further stating that a substantial amount of each maturity of the including bond houses and brokers or similar persons or organiza- tions acting in the capacity of underwriters or wholesalers) at or below such initial reoffering prices. Simultaneously with or before delivery of the Bonds, the suc- The City reserves the right to reject any and all bids and to waive any and all irregularities. Copies of the Official Statement and additional information may be obtained by addressing inquiries to: Ehlers and ASSOCiateS, Inc., 507 Marquette Avenue, Minneapolis, Minnesota 55402; or the undersigned. Charlotte L. Stewart City Clerk City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 (414) 679-4100 '0 -3-