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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-11-15 SPECIAL 27962 MINUTES OF THE TWO HUNDRED TWENTY-NINTH SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter 14 of the City Charter, the above meeting was held November 15, 1993, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 51 p.m. Roll was called with the following result: Sean P. Kavanagh, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, and Gerald Taylor Absent Ron Ochala and Michael P. McGee. Elected and appointed officials present: Robert D Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; and James Andres, Chief Accountant No one spoke during the audience communication portion at the beginning of the meeting. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #900-93 WHEREAS, by Ordinance No 2195, adopted on September 20, 1993 (the "Bond Ordinance") the City authorized not to exceed $8,000,000 Water Supply and Wastewater System Revenue Refunding Bonds, Series 1994 (Limited Tax General Obligation) (the "Bonds") for the purpose of refunding all or part of the City's Water Supply and Wastewater System Revenue Bonds, Series 1988 (Limited Tax General Obligation) dated December 1, 1988 (the "1988 Bonds") maturing in the years 1999 through 2009, inclusive and (b) all or part of the City's Water Supply and Wastewater System Revenue Bonds, Series 1989, dated November 1, 1989 (the "1989 Bonds") maturing in the years 2000 to 2009, inclusive; and WHEREAS, the Michigan Department of Treasury (the "Department") approved issuance of the Bonds; and WHEREAS, the City has received an offer to purchase the Bonds from Hutchinson, Shockey, Erley & Co , First of Michigan Corporation and Roney & Co (hereinafter the "Underwriters"), and has determined that it is in the best interests of the City to accept the offer NOW, THEREFORE, BE IT RESOLVED THAT: 27963 1 The offer of the Underwriters as set forth in the proposed bond purchase agreement (the "Bond Purchase Agreement") presented to this City Council to purchase the Bonds in the principal amount and at a purchase price as shown on Exhibit A attached hereto and made part hereof plus accrued interest, is hereby accepted and the Mayor and City Clerk are each authorized and directed to execute and deliver the Bond Purchase Agreement on behalf of the City. 2. The Bonds shall be issued for the purpose of raising all of the money to refund the 1988 Bonds due November 1, 1999 through November 1, 2009 and the 1989 Bonds due November 1, 2000 through November 1, 2009 (the "Prior Bonds") . The Bonds shall be dated as of January 1, 1994, shall be designated Water Supply and Wastewater System Revenue Refunding Bonds, Series 1994 (Limited Tax General Obligation) and shall mature and bear interest as shown on Exhibit A The Bonds maturing on or after November 1, 2003 shall be subject to optional redemption on November 1, 2002 or on any interest payment date thereafter, in whole or in part, in such order as the City shall determine, at par plus accrued interest to the date fixed for redemption In addition, the Bonds maturing in the year 2009 shall be a term bond subject ifor to mandatory redemption on November 1, 2007 and November 1, 2008 as set forth in Exhibit A 3 NBD Bank, N A Detroit, Michigan is hereby approved as Transfer Agent for the Bonds and is further approved as Trustee under the proposed escrow agreement (the "Escrow Agreement") presented to this City Council 4 The Escrow Agreement providing for payment and redemption of the Prior Bonds is hereby approved The Trustee is directed and authorized to implement and discharge its responsibilities thereunder. The Mayor and City Clerk are each authorized to execute and deliver the Escrow Agreement substantially in the form presented to this City Council with such changes and completions as shall be necessary in order to accomplish refunding the Prior Bonds in accordance with law, the Bond Ordinance and the order of the Department. 5 The Preliminary Official Statement relating to the Bonds dated November 2, 1993, and its use by the Underwriters is hereby authorized, approved and confirmed 6 The Official Statement dated November 15, 1993, relating to the Bonds, which Official Statement has been presented to and is on file with this City Council is hereby authorized imm and approved The Mayor, City Clerk, Acting Finance Director and City Treasurer are each authorized and directed to execute and deliver the Official Statement on behalf of 27964 the City The Mayor, City Clerk, Acting Finance Director and City Treasurer are each further authorized to approve, execute and deliver any amendments and supplements to the Official Statement necessary to assure that the statements therein are, and as of the time the Bonds are delivered to the Underwriter will be true, and that it does not contain any untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements, in light of the circumstances under which they were made, not misleading 7. Upon delivery of the Bonds, the accrued interest, if any, shall be deposited in the Debt Retirement Fund for the Bonds and the balance, including the City's funds on hand described below, shall be used as follows: A sum presently estimated to be $210,791.57 shall be used to pay the Underwriter's discount ($93,891.00), Bond Insurance premium for the Bonds ($44,377.38) and the remaining costs of issuance of the Bonds ($72,523. 19) including fees and contingencies, and any balance remaining from that sum after paying the costs of issuance shall be deposited in the Debt Retirement Fund for the Bonds. The sum of $7,762,939.39 from the bond proceeds shall be paid to the Trustee and invested by it as provided in the Escrow Agreement for payment of principal, interest and redemption premium on the Prior Bonds In addition, the City will transfer the sum of $83,730.94 from the Water Supply and Wastewater System to be used to pay a portion of the costs of the financing 8. The purchase of municipal bond insurance for the Bonds is hereby approved and the Escrow Trustee is hereby directed to pay the insurance premium for the bonds from the proceeds of the Bonds. 9 The Mayor, City Clerk, Treasurer, Acting Finance Director, City Attorney and all other officers, agents and employees of the City are authorized to take all other actions necessary and convenient to effectuate the sale of the Bonds 10. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded 27965 EXHIBIT A to RESOLUTION APPROVING SALE OF CITY OF LIVONIA WATER SUPPLY AND WASTEWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 1994 (LIMITED TAX GENERAL OBLIGATION) Principal Amount $7,890,000.00 Purchase Price: $7,796,109 00 Date Principal Amount Interest Rate 11/1/94 $ 90,000 2 75% 11/1/95 95,000 3 10 11/1/96 100,000 3 30 11/1/97 100,000 3 50 11/1/98 105,000 3 70 11/1/99 330,000 3 85 11/1/2000 570,000 4 00 11/1/01 610,000 4 15 11/1/02 625,000 4 30 11/1/03 660,000 4.45 11/1/04 700,000 4 60 lbw 11/1/05 735,000 4 75 11/1/06 745,000 4 90 11/1/07* 780,000 5 20 11/1/08* 815,000 5 20 11/1/09* 830,000 5 20 *Represents mandatory redemption requirements for $2,425,000 Term Bond maturing on 11/1/09 No one from the audience wished to speak during the audience communication portion at the end of the meeting On a motion by Toy, seconded by Feenstra, and unanimously adopted, this 229th Special Meeting of the Council of the City of Livonia was duly adjourned at 7:57 p m , November 15, 1993 Jo McCotter, City Clerk