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HomeMy WebLinkAboutResolution 1978 (16)Supervisor Rock then introduced the following resolution and moved its adoption: NE so )_ a 0 14 RESOLUTION AUTHORIZING ISSUANCE, hWARDING SALE, FIXING THE FORM AND DETAILS, AND LEVYING TAXES FOR PAYMENT OF $385,000 GENERAL OBLIGATION . PROMISSORY NOTES OF 1978 BE IT RESOLVED by the Board of Supervisors of St. Croix County, Wisconsin, as follows: 1.01. This Board hereby determines that it is necessary and in the best interests of the County to borrow the sum of $385,000 to finance the construction and equip- ment of land, buildings and improvements of a capital nature in and for the County, comprising a public health nurse's office and a highway department office; and to sell and issue $385,000 principal amount of General Obligation Promissory Notes of 1978 of the County to evidence such borrowing, under and pursuant to Wisconsin Statutes, Section 67.12(12); and such borrowing is hereby authorized. 1.02 Notice of sale of the Notes has been duly published, and this Board has publicly considered all sealed bids presented in conformity with the notice. The most favorable of such bids is ascertained to be that of Continental Illinois National Bank & Trust Co. , of Chicago Illinois . and associates, to purchase the Notes at a price of par plus accrued interest plus a premium of $17.60 , and upon the further terms and conditions set forth in this resolution. 1.03 The Chairman and County Clerk are directed to execute in duplicate a * contract on the part of the Count for the sale of the Notes in accordance with the proposal described in Section 1.02, and to deliver a duplicate to th purchasers. The Treasurer is directed to retain the purchasers' check securing the contract of sale until the Notes are delivered and the purchase price is paid, and to return the checks securing.other bids to the respective bidders. - I 2. Terms of Notes. The General Obligation Promissory Notes of 1978 sold on this date shall be dated as of March 1, 1978, shall be 77 in number and numbered from I to 77, inclusive, each in the denomination of $5,000, and shall mature serially, lowest numbers first, on October 1 in the years and amounts set forth below, without option of prior paymen.t, and shall bear interest from date of issue until paid at the rates per annum shown opposite such years and amount,5 respectively® i Year Amount Rate Year Amount Rate 1978 $40,000 4.10% 1983 $40,000 4.30% 1979 40,000 5.00% 1984 40,000 4.40% 1980 40,000 5.00% 1985 40,000 4.50% 1981 40,000 5.00% 1986 40,000 4.60% 1982 40,000 4.80% 1987 25,000 4.76% The interest on each and all of the Notes to maturity shall be represented by separate and detachable interest coupons and shall be payable semiannually on . April 1 and October I of each year, commencing on October 1, 1978. Both principal and interest shall be payable at the American National Bank Trust Co. , in St. Paul , Minnesota, and the County shall pay the reasonable and customary charges of said paying agent for the receipt and disbursement thereof. 3. Forms. The Notes, the attached interest coupons, and the certificate as to opinion of bond counsel on the reverse side of the Notes shall be printed in sub- stantially the following form, with suitable variations for differences in their terms® UNITED STATES OF AMERICA STATE OF WISCONSIN COUNTY OF ST. CROIX GENERAL OBLIGATION PROMISSORY NOTE OF 1978 No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the County of St. Croix, State of Wisconsin, hereby acknowledges itself to be indebted and for value received promises to pay to bearer the sum of mm on the 1st day of October, 19* , without option of prior payment, and to pay interest thereon from the date hereof until said principal sum is paid at the rate of hundredths percent %) per annum, payable semi- annually on each April 1 and October 1 to maturity, com- mencing on October 1, 1978, in accordance with and upon presentation and surrender of the interest coupons appur- tenant hereto. Both principal of and interest on this note are payable in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts, at in Minnesota. For the prompt payment of said principal and interest as the same respectively become due, the full faith and credit and unlimited taxing powers of said County have been and are irrevocably pledged. This note is one of an issue of notes in the aggregate principal amount of $385,000, all of like date and tenor except as to serial number, interest rate and maturity date, all issued to finance the cost of public improvements, and is authorized by resolution duly adopted by the requisite majority vote of the Board of Supervisors of the County on February 21, 1978, now on file and of record in the office of the County Clerk, and is issued pursuant to and in full conformity with the Constitution and laws of. the State of Wisconsin thereunto enabling, including Wisconsin Statutes, Section 67.12(12). IT IS HEREBY CERTIFIED AND RECITED, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed precedent to and in the issuance of this not.e in order to make it a valid and binding general obligation of the County according to its terms, have been done, do exist, have,happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable tax has been levied by the County upon all taxable property within its corporate limits in amounts sufficient and for the years required to pay the principal of, and interest on this note when due; and that this note, together with all other existing indebtedness of the County, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this note to be executed in its behalf by the manual signatures of its Chairman and its County Clerk, and by.affixation of its official corporate seal, has caused the appurtenant interest coupons and certificate as to opinion of bond counsel on the reverse side hereof to be executed and authenticated by the printed facsimile signatures of said officers, and ',.,,as caused this note to be dated as of March 1, 1978. County Clerk (Facsimile signature) Chairman, Board of Supervisors No. $ On the . 1st day of April (October), 19 the County of St. Croix, State of Wisconsin, will pay to bearer at , in 81 Minnesota, the sum shown hereon in lawful money of the United States of America, being the installment of interest then due on its General Obligation Promissory Note of 1978 dated March 1, 1978, No. (Facsimile signature) (Facsimile signature) County Clerk Chairman (Form of certificate to be printed on the reverse side of each note following a full copy of the legal opinion on the issue) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue • notes of St. • • Wisconsin, which includes the within • dated as of the date of delivery of and payment for • notes. (Facsimile signature) (Facsimile signature) County Clerk Chairman 4. Execution and Delivery. The Notes shall he executed on behalf of the Countybythe manual signatures of the Chairman and of the County Clerk, and by affixation of the official corporate seal of the County. The interest coupons and the certificate as to opinion of bond counsel shall be executed by the printed facsimile signatures of said officers. when so executed, the Notes shall be delivered by the Treasurer to the purchaser upon receipt of the purchase price specified in Section 1.02. 5. Tax Levy. The full faith, credit and taxing powers of the County shall be and they are hereby pledged for the payment of principal of and interest on the Notes as such principal and interest respectively become due; and for the purpose of paying the principal of and interest on the Notes as they respectively become due, the County has levied an ad valorem tax in the amount $56,250 collectible in 1978, and there is hereby levied a direct, annual, irrepealable tax upon all of the taxable property in the County for the years and in the amounts as follows® MWA 1978 $50,381 1979 $54,215 1980 $52,215 1981 $50,215 1982 $48,295 Levy Year Amount 1983 $46,575 1984 $44,815 1985 $43,015 1986 $26,175 0 6. Sinking Fund® Such taxes shall be extended upon the tax rolls prepared in the above years and shall be collected in the respective ensuing years with and as a part of the other general taxes levied in and for said County, and the proceeds thereof, when.and as collected, shall be placed in a sinking fund which is hereby created, and shall be used for no purpose other than to pay or prepay the principal and interest on the Notes. In the event any payments of principal or interest shall become due on the Notes when there is not sufficient money in the fund to pay the same, then such principal or interest shall be paid out of any moneys of the County available therefor, and such moneys shall be reimbursed to the funds from which they are withdrawn out of the proceeds of such tax levies, or any necessary deficiency levies, when collected. The sinking fund shall be administered in accordance with the provisions of Wisconsin Statutes, Section 67.11. 7. Authentication of Transcript. The officers of the County are herebyauthorizedand directed to prepare and furnish to the purchaser of the Notes and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the County relating to the Notes'and to the financial condition and affairs of the County and such other affidavits, certificates and information as may be required to show the facts relating to the legality of said Notes, as such facts appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the County as to the facts recited therein. 8. Arbitrage. The Chairman and the Clerk, being the officers of the County charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions of Section 1.103-13 of the amended Income Tax Regulations (26 CFR Part 1) published in the Federal Register, May 5, 1973. Such certification shall state that on the basis of the facts, estimates and circumstances in existence on the Rate of issue and delivery of the Notes as therein set forth, it is not expected that the proceeds of the Notes will be used in such a manner that would cause the Notes to be arbitrage obligations, and the certation shall further state that to the best of the knowledge and belief of the officers there are no other facts, estimates or circumstances that would materially change such expectation. Cha�irma�h��-d Attest: County Clerk The motion for the adoption of the foregoing resolution was duly seconded by Supervisor Boche , and upon vote being taken thereon, the following voted in favor thereof: Anderson, Meinke, Afdahl, Becker, Blakeborough, Boche, Dahm, DeBoer, Dull, George, Holmes, Hop, Kellaher, Luckwaldt, Nelson, O'Connell, Peterson, Pierson, Quinn, Rivard, Rock, Ryan, Solum, Stack & Thompson and the following voted against the same: Best, Hallen, O'Keefe & Ward whereupon said resolution was declared duly passed and adopted by the necessary two-thirds majority of the members elect of the Board, and was signed by the Chairman and attested by the Clerk. CROIX COUNTY, .!. PROMISSORY NOTESOF POST SALE TAX YEAR PRINCIPAL INTEREST TOTAL ----- x r' 10/01/1978 40,000 10,415.42 50,415.42 50,415.42 1977 04/01/1979 10/01/1979 40,000 8,107.50 8,107.50 8,107.50 48,107.50 56,215.00* 1975 0 /01/1980 7,107.50 7,107.50 10/01/1980 40,000 7,107.50 47,107.50 54,215.00 1979 04/01/1981 6,107.50 6,107.50 10/01/1981 40,000 6,107.50 46,107.50 52,215.00 1900 0 /01/1982 5,107.50 5,107.5 10/01/1982 40,000 5,107.50 45,107.50 50,215.00 1981 04/01/1983 4,1 7.50 4,147.50 10/01/1983 40,000 4,147.50 44,147.50 48,2 5.00 1982 0 /01/1984 3,287.50 3,287.50 -10/01/1984 0,000 ,287.50 ,287.50 6,575.00 1903 04/01/1985 2,407.50 2,407.50 10/01/1905 40,000 2,407.50 42,407.50 44,815.00 1984 04/01/1986 1,507.50 1,507.50 10/01/1986 0,000 1,507.541,507.503,015.00 1 0 t /01/1987 587.50 587.50 10/01/1987 25,000 507.50 26,175.00 1986 TOTALS $385,000 $87,150.42 $472,150.42 $472,150.42 PREMIUM (MINUS) ® 17. 0 NET INTEREST COST 4 $87,132.82 *This levy has been reduced to $50,381 as the 1977 levy made in advance of the sale was $5,834 in excess of the actual amount needed. This excess will be used to reduce the 197E levy. rs CERTIFICATION OF MINUTES RELATING TO $385,000 General Obligation Promissory Notes of 1978 Issuer: St. Croix County, Wisconsin Governing Body: Board of Supervisors Kind, date, time and place of meeting: A regular meeting; held on Tuesday,.February 21, 1978, at 1:30 P.M., at the County Courthouse in Hudson Members present: Anderson, Meinke, Afdahl, Becker, Best, Boche, Blakeborough, Boche, Dahm, Degoer, Dull, George, Hallen, Holmes, Hop, Kellaher, Luckwaldt, Nelson, O'Connell, O'Keefe, Peterson, Pierson, Quinn, Rivard, Rock, Ryan, Solum, Stack, Thompson & Ward Members absent: Lowe and Schultz Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, FIXING THE FORM AND DETAILS, AND LEVYING TAXES FOR PAYMENT OF $385,000 GENERAL OBLIGATION PROMISSORY NOTES OF 1978 WITNESS my hand officially as such recording officer this &&I-' day of 1978. �gn a r e