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05-31-1967 HUCM7L i 1 1 Special Meeting May 31, 1967 A special meeting of the Hutchinson Utilities Commission was held at four o'clock on May 31, 1967 at the Billing Office. All Commissioners were T esent . The meeting was called to order by the President. 65. Motion was made by Commissioner Tracy and seconded by Commissioner Filk to issue a check in the amount of $200,000.00 to the Worthington Corporation representing advance payment on one engine. Special Terms invoice attached to the face of these minutes--earned interest to be 5% per annum. Motion was unanimously carried. Bids for a gas scrubber were received and opened. National Tank Company 400000 SCFH 347.25 C. Emery Nelson 40,000 SCFH 826.00 809000 SCFH 993.00 Black Sivalls & Bryson, Inc. 40,000 SCFH 689.00 80,000 SCFH 775.00 1209000 SCFH Motion was made by Commissioner Tracy and seconded by Commissioner Filk to purchase the larger gas scrubber offered by Black Sivalls & Bryson, Inc.. 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O n q @ 4 � � ro o � A� Savlaaoaq Io aanluu�r5 aeumO paaalsrBa�d aluQ �Iosauutl� ',ClunoO poa Ioiq `uosinypi1-I ;o oql 3o uotsstuiuioO sailgtlll uosuigolnH agl ;o s�looq aql uo paia4si2aa uoaq s it molaq palou Isiq aaamo paialsilloa agl of puoq uigltm aql ;o lunouir pudiaulad aill Io dTgsaaumop aopmil aqj; AHVILHUDIHS :IHL X11 lf-THO \;T NOU'351H 9NIIIIJAi ON STATE OF MINNESOTA ftw w, COUNTY OF McLEOD ' r� CITY OF HUTCHINSON ^ HUTCHINSON UTILITIES COMMISSION LIGHT AND POWER PLANT REVENUE. BOND KNOW ALL MEN BY THESE PRESENTS that the City of Hutchinson, a duly organized municipal cor- poration of McLeod County, Minnesota, by the Hutchinson Utilities Commission, acknowledges itself to be specially indebted and for value received promises to pay to bearer or, if the ownership of this bond is registered as noted below, to the registered owner, but only out of the Revenue Bond Account of its Light and Power Fund, the sum of FIVE THOUSAND DOLLARS on the 1st da of June 1977, or, if this bond is prepayable as stated below, on a previous date on which it shall have been duly called for prepayment and redemtio, nd to pay and thereon out of the same account at the rate of three and seventy -five hundredths per cent (3.75°0) per annum from the date hereof until the Y principal sum is paid or until this bond, if prepayable, has been duly called for redemption, and at the additional nay rate of two per cent (2%) per annum from November 1, 1967 to June 1, 1968; the interest hereon being payable December 1, 1967, thereafter June 1 and December 1 in each and interest to maturity " ► ''' and semiannually on year, being payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto -° consisting of one set representing interest at the basic rate applicable to this bond from date of issue to maturity, and a separate set of "B" coupons representing interest at the additional rate and for the limited period stated '!• « above. Both principal and interest are payable at the Fidelity Bank and Trust Company, in Minneapolis, ' °: ' Minnesota, in any coin or currency of the United States of America which at the time of payment is legal tender � 01;r for public and private debts. This Bond is one of an issue in the total principal amount of $700,000, all of like date and tenor except as to serial number, interest rate, maturity and redemption privilege, and is issued pursuant to and in full conformity° with the Constitution and laws of the State of Minnesota thereunto enabling and an authorizing resolution dated June 9, 1967, duly adopted by the unanimous vote of the Hutchinson Utilities Commission of the City of Hutchin- son, for the purpose of paying a portion of the cost of the installation of equipment and the construction of buildings .y and additions for the municipal light and power plant, required to furnish electricity sufficient to meet the immedi- ate demand therefor within the corporate limits of the City, and is payable solely from and as a first lien and charee h reserve in a sum r he transfer of ownership of tfie principaTamoitii5f Hereof may�ie registered by the bearer on the books of the 1; Commission by presenting this bond for registration to the Secretary, who will note the date of registration and the name of the transferee in the registration blank on the reverse side hereof. Thereafter this bond may be transferred't ' }4 to a bona fide purchaser only by delivery with an assignment duly executed by the registered owner or his agent, ,,st- and the Commission may treat the registered owner as the person exclusively entitled to exercise all the rights and x powers of an owner until this bond is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is reg- istered on said books and noted hereon by the Secretary. Such transfer may be to bearer, and thereby the transfera- bility f this bond b deliver shall be restored but the bond may again and from time to time be registered in the Y Y Y Y g` g �^ name of a holder or to bearer as before. Notwithstanding the registration of this bond as to principal, the interest Z coupons appurtenant hereto shall always continue to be payable to bearer and transferable by delivery. Bonds of this issue maturing on and between December 1, 1967, and June 1, 1972, are not subject to redemp- k� '� y; tion before maturity, but those maturing on and between December 1, 1972, and June 1, 1977, are each subject to q redemption and prepayment at the option of the Commission on June 1, 1972, and on any interest payment date; thereafter, at par plus accrued interest and in inverse order of their serial numbers. Not less than thirty days before the date fixed for the redemption of any of the bonds, the Secretary will cause notice stating the amount, the serial numbers and maturities of the bonds called for redemption to be published in a financial periodical in a Minnesota j city of the first class, and to be mailed to the owner of the bond if registered as to principal, and to the bank at which principal and interest are then payable, but published notice shall be effective without mailing. It Is Hereby Certified, Recited, Covenanted and Agreed that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the home rule charter and ordinances and resolutions of the City of Hutchinson to exist, to happen and to be performed precedent to and in the issuance of this bond, in order 4 to make it a valid and binding special obligation of the City in accordance with its terms, do exist, have happened and have been performed in regular and due form, time and manner as so required; that in and by the authorizing Alsa, resolution the Hutchinson Utilities Commission, on behalf of the City of Hutchinson, has validly made and entered into additional covenants and agreements for the security of each holder of this bond, which will be fully and t ae promptly performed by the Commission and each of its officers and agents concerned therewith, including a cove- nant that the Commission has established rates and charges for all services, products and by- products of its light r "� and power plant which are estimated to be sufficient, and will revise said rates and charges, subject to concurrence *q of the City Council, whenever and as often as required to assure that the same will be sufficient, for the payment of xi ii; all costs of operation and maintenance as incurred and for the production of net revenues adequate to pay the prin- cipal and interest on all bonds of this issue when due and to create and maintain said reserve that no additional bonds or other obligations will be made payable in future from said net revenues on a parity herewith, except as itsa ' expressly permitted in the authorizing resolution, and that the issuance of this bond did not cause either the special or general indebtedness of the City to exceed any constitutional or statutory limitation.t�' IN WITNESS WHEREOF the City of Hutchinson, McLeod County, Minnesota, by the Hutchinson t Utilities Commission, has caused this bond to be executed in its behalf by the signatures of the President and �� Secretary of that Commission, and has caused the interest coupons appurtenant hereto and the certificate appearing digs on the reverse side hereof to be executed and authenticated by the facsi ' e si natures of said officers, and hasp t�`'i ,sacs caused this bond to be dated as of June 1, 1967. Countersigned: Lk 9 � Secretary President of Hutchinson Utilities Commis5io �� � � W_ unless cne wino. aescrioea oeiow is caueu avr euruer __ON THF. FIRST DAY OF 93.75 No. 16 ON THE FIRST DAY OF $93.755 No. 15 $ JUNE, 1975 DECEMBER, 1974 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 1967, No• June 1, 1967, (D �1 SEl ET1Rl' t -S .INI SLCRLT.1Rl' PRESIDENT IInless the bond described below is called for earlier redemption Unless the bond described below is called for earlier redemption ON THE FIRST DAY OF 93.75 No. 13 ON DECEMBER,I19 3 OF No. 14 $73.75 JUNE, 1974 `H $" the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Cormission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolls, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 1967, _ No• June 1, 1967, _^ ` r, -- �- // SECRET \RY RES DENT `u `/ CRCi1RY ~ � PRFS UENT Unless the bond described below is called for earlier redemption Unless the bond described below is called for earlier redemption No. 12 ON THE FIRST DAY OF $93.75 No. 11 ON DECEMBER, 1972 OF $93.75 JUNE, 1973 the IIutchinaon Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, 'will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 1967, , ,� - t "' r� 1 1' No. June 1, 1967, � .-ET Rl' PRES DENT ECRETAM1I PRESIDENT - ON THE FIRST DAY OF ON THE FIRST DAY OF No. 10 JUNE, 19,2 $93.75 No. 9 DECEMBER, 1971 $93.75 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min - neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United Staten of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated No. Bond dated No. June 1, 1967, _ June 1, 1967, titil F ' �l r i S c i )z P-DENT SECRCT. \Rl' RESiUENT Q ON THE FIRST DAY OF ON THE FIRST DAY OF $93.75 o No. JUNE, 1971 $93.75 No. 7 DECEMBER, 1970 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 1967, pp r' e _ v - No• June 1, 1967, l ,l -\ 1 t, PRIDE :����CIi,.T, \Rl' - PRTSID[hT ` /��SECREI' \RY 'Nl' ON THE FIRST DAY OF ON THE FIRST DAY OF $93.75 No. 6 JUNE, 1970 $93.75 No. 5 DECEMBER, 1969 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due. on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 1967. (j o• June 1, 1967 r �1 , r =i r ,` o� r e N 3r li a;t� ��` /�% / /SECRLTA0.Y PRFSIDLYf ` / %�LCRCTARY PRESIDENT ON THE FIRST DAY OF ON THE FIRST DAY OF No. 4 JUNE, 1969 $93.75 No. 3 DECEMBER, 1968 $93.75 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min - neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated 57 Bond, dated 7 No. June 1, 1967, tr�� 7 "1 iYl `t I` ; \ (N�. June 1, 1967, {r f \ j ��, \/ii +l /",7 V rb��l GL 1� I_f �, J6J� 1 1 R RV , I f., fRE51DC No. 2 ON THE FIRST DAY OF $93.75 No. 1 ON THE FIRST DAY OF $93.755 JUNE, 1968 DECEMBER, 1967 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min - neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No. June 1, 19G7, �N q` � r� ^� �7 No. June 1, 1967, LIS 7� ON THE FIRST DAY OF Q ON THE FIRST DAY OF $,33 No. B-2 JUNE, 1968 $50.00 No. B-1 DECEMBER, 1967 $ the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and 'Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated ��57 t s Bond, dated June 1, 1967, DIE trd No • June 1, 1967, r ( 1 N� V CCIiLTARY PRESIDENT ` /�ECR[TARY PRESIDENT Unless the bond described below is called for earlier redemption - 1155 I r° `' Unless the bond described below is called for earlier redemption ON THE FIRST DAY OF n ON THE FIRST DAY OF $93.75 No. 20 JUNE, 1977 $73.75 No. 19 DECEMBER, 1976 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min- neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated I t fA J i\J PESIENT Bond, dated � G [25 i No. June 1, 1967, N. June 1, 1967, q s ( .= 19 iC D l 4 RDSLERETARY RETARY PREID[NT Unless the bond described below is called for earlier redemption Unless the bond described below Is called for earlier redemption No. 18 ON THE FIRST DAY OF $93.75 No. 17 ON DECEMBER, 197 OF $93.75 JUNE, 1976 the Hutchinson Utilities Commission of the City of Hutchinson, McLeod the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Bond Account of its County, Minnesota, will pay to bearer out of the Revenue Bond Account of its Light and Power Fund at the Fidelity Bank and Trust Company, in Min- Light and Power Fund at the Fidelity Bank and Trust Company, in Min - neapolis, Minnesota, the amount shown hereon in lawful money of the United neapolis, Minnesota, the amount shown hereon in lawful money of the United States of America for interest then due on its Light and Power Plant Revenue States of America for interest then due on its Light and Power Plant Revenue Bond, dated Bond, dated No June 1, 1967967, , Q No. June 1, 1967, DL r f�� IL Extract of Minutes of Meeting of Hutchinson Utilities Commission City of Hutchins on, McLeod County, Minnesota June 9, 1967 Pursuant to due call and notice thereof, a Special meeting of the Hutchinson Utilities Commission of the City of Hutchinson, Minnesota, was held at its office building, 22 Main Street North, Hutchinson, Minnesota, on the 9th day of June, 1967 at 2:00 o1clock P.M., Central Davlight Saving Time, all Commis- sioners being present as Follows: President: Howard Quade Vice President: Clinton Tracy Commissioner: Herbert Filk Ralph Young, Secretary, and W. E. Reyerson, attorney of the Commission, were also present. The Secretary presented affidavits showing publica- tion of notice of sale of $700,000 Light and Power plant Revenue Bonds, as directed by the Commission by resolution dated May 12, 1967. The affidavits were examined and found to be satisfactory and were directed to be placed on file in the office of the Secretary. The Secretary then reported that the following sealed bids for the purchase of the bonds had been received at his office prior to the time of this meeting, and the bids were opened and publicly read and considered and ascertained to be as follows: Name and Address of Bidder E.J. Prescott & Company Paine, Webber, Jackson & Curtis 1 Interest Rate or Rates Premium 3.86971 None 3.9171' None 67 Clinton Tracy moved that the bid of F. J. Prescott & Company be accepted and the sale of the bonds be awarded to the account of E. J. Prescott & Company, Mgr . , of 607 Marquette Avenue, Minneapolis, Minnesota, 55402, Herbert F ilk seconded the motion, and upon vote being taken, said motion was unanimously carried; said syndicate being as follows: E. J. Prescott & Company, Mgf . , Da in, Kalman &. Co., Inc... Piper, Jaffray & Hopwood, Allison Williams Company, Minneapolis, and Juran & Moody, Inc., St. Paul, Minnesota. Herbert Filk introduced the following resolution and moved its adoption: RESOLUTION AUTHORI7ING THE ISSUANCE AND SALE OF LIGHT AND POWER PLANT REVENUE BONDS CO C.0 BE IT RESOLVED by the Hutchinson Utilities Commission N°o of the City of Hutchinson, Minnesota, as follows: N 1. It is hereby found, determined and declared: �C.0 M 1.01 That under and pursuant to the provisions of Chapter 0 E 17 of the Home Rule Charter of the City of Hutchinson, adopted m _2 >, June 1, 1913, as amended September 26, 1936 and April 26, 1955, °o cn o this Commission is granted and exercises full, absolute and 0 C U) exclusive control of and power over the City light and power c(n plant and all parts, attachments and appurtenances thereto as o Q well as all apparatus and material of every kind and description o ° a � used or to be used in operating the light and power plant, in- oL °- cluding authority to enter into contracts and to sue and be sued o a c' in its own name, to regulate the distribution, use and sale of = a) M light and power from the plant within and without the City limits, Q. L to collect for services, and to fix the rates for all sales and a) Cn =) o services for public and private use, subject to the veto power W Q Z LL of the City Council in the case of changes in rates, and author- ity to extend, add to, change and modify the light and power system and do any and all things deemed necessary and proper for the operation of the plant., and power to pledge the net earnings of the plant, after providing for payment of all oper- ating and maintenance charges, to secure payment for equipment purchased for the plant and system and of interest and princi- pal requirements of obligations created for such purpose, and that the light and power plant is operated, and the revenues thereof are administered and accounted for, separately from all other utilities of the City, except that the plant is required to pay the reasonable cost and value of services furnished by other utilities, necessary to the operation of the light and power system. .: 1.02 There are now outstanding $250,000 Light and Power Plant Revenue Bonds dated June 1, 1962, maturing serially in the amount of $50,000 on December 1 and $50,000 on June 1 in each year from and including December 1, 1967, to and including December 1, 1969, which bonds were issued under authority of a resolution adopted July 10, 1962, entitled "Resolution Author - izing the Issuance and Sale of Light and Power Plant Revenue Bonds ". This resolution is incorporated herein by reference, and all provisions thereof are approved, ratified and confirmed. In Section 6.032 of said resolution the Commission reserved the right to issue additional revenue bonds to finance capital im- provements or replacements of utility `properties under certain conditions therein stated, which now exist as recited below. 1.03 That the plant is presently in need of improvement by the installation and construction of additional equipment and bu ild inb, modifications and additions necessary to supply in- creasing demand from industrial and residential users of elec- tricity the general nature and presently estimated cost of the items required being as follows: Base Price Contract or Estimate Construction and installation of two 4,000 KW Worthington Corporation dual -fuel engines equipped with Allis - Chalmers generator & exciter 91,069,777 Provide engine f oundations, building alterations and the furnishing of an overhead crane 59,968 Furnish and install transformers, motor control centers, distribution panelboards, 13.8 KV and 440 volt power and control wiring, construction of underground ducts, interconnection between generators and switchgear and switchboard 89,200 Diesel engine piping, fuel oil, gas and water piping 49,973 91,258,918 Engineering and inc idental costs 101.082 Total estimated cost 9$1,3600000 1.04 That plans and specifications have been prepared by consulting engineers and approved by the Commission, and contracts for the installation and construction of the majority of the project have been entered into after advertisement for bids as required by law, and it is estimated that the sum of $700,000 should be borrowed by the issuance of the revenue bonds herein authorized, to pay the cost of the project over and above that which may be paid from surplus net revenues on hand and expected to be received f uring the current year. 1.05 That the bonds have been duly advertised at public sale and the most favorable bid received pursuant to the adver- tisement is that of F. J. Prescott and Co, of Minneapolis, Minnesota and associates named therein, to pure rase the bonds ., at a price of par and accrued interest plus a premium of and subject to the further terms and conditions stated in this resolution, and this proposal is accepted and the President and Secretary of the Commission are directed to execute on the part of the Commission a contract for the sale of the bonds in accordance therewith, and that the check securing the success- ful bid shall be retained by the City Treasurer until the de- livery of the bonds and payment of the full purchase price, and the checks of other bidders shall be returned. 2. For the purpose of paying the costs described in Section 1 and in accordance with the contract of sale, the Comm- ission hereby authorizes the issuance, sale and delivery to the purchases of negotiable coupon revenue bonds of the City of Hutchinson in the aggregate principal amount of $700,000, to be designated as Light and Power Plant Revenue Bonds and to be dated as of June 1, 1967. The bonds shall be in number and numbered from 1 to 140, inclusive, each in the denomination of $5,000, shall bear interest at the rates stated below, payable December 1, 1967, and semiannually thereafter on June 1 and December 1 in each ,year, and shall mature in order of serial numbers in the amount of x$35,000 on June 1 and $35,000 on December 1 in each year from and including December 1, 1967, to and including June 1, 1977. The bonds maturing on and be- tween December 1, 1967, and June 1, 1972, shall not be subject to redemption before maturity, but those maturing on and between December 1, 1972, and June 1, 1977, shall be each subject to redemption and prepayment at the option of the Commission on June 1, 1972, and on any interest payment date thereafter at par plus accrued interest and in inverse order of their serial numbers. Not less than thirty days before the date fixed for the redemption of any of the bonds, the Secretary of the Comm- ission shall cause notice stating the amount, the serial numbers and maturities of the bonds called for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class, which circulates throughout the State and fur- nishes financial news as a part of its service, and to be mailed to the bank at which principal and interest are then payable, and to be mailed to the owner of any bond called for redemption, the ownership of which has been registered as provided below, at the address shown by such registration; provided that failure to give such mailed notice shall not invalidate the call of any bonds for redemption. Interest shall cease to accrue on each. bond at the date fixed for the redemption thereof, if notice of such redemption has been duly published as herein required and there is then on deposit with the paying agent a sum sufficient to pay such bonds and the interest then due. The bonds maturing on and between December 1, 1967 and December 1, 1972, shall bear interest at the rate of 3.50% per annum, and those maturing on and between June 1, 1973, and December 1, 1974, at 3.70% per annum, and those maturing on and between June 1, 1975, and June 1, 1977, at 3.751 per annum. until fully paid or duly called for redemption.. which interest shall be evidenced by an appropriate set of interest coupons appurtenant to each bond; and all of the bonds shall also bear additional interest, evidenced by supple- mental coupons to be designated as "B" coupons, at the rate of . r 70 21 per annum from November 1, 1967 to June 1, 1968. The principal of and interest on the bonds shall be payable at Fidelity Bank & Trust Co., 2338 Central Ave. N. E., in Minneapolis, Minnesota, and the reasonable and customary charges of the paying agent shall be paid as incurred, as a cost of operation of the light and power plant. 3. The bonds and the interest coupons appurtenant thereto shall be in substantially the following form: UNITED STATES OF AMIFFRICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON HUTCHINSON UTILITIES COMMISSION LIGHT AND POWER PLANT REVIF'NUE BOND No. KNOW ALL MFN BY THESE PRESENTS that the City of Hutchinson, a duly organized municipal corporation of McLeod County, Minnesota, by the Hutchinson Utilities Commission, acknowledges itself to be specially indebted and for value re- ceived promises to pav to bearer or, if the ownership of this bond is registered as noted below, to the registered owner, but only out of the Revenue Bond Account of its Lip;ht and Power Fund, the sum of THOUSAND DOLLARS on the 1st day of , 19 , or, if this bond is prepayable as stated below, on a previous date on which it shall have duly called for prepayment and redemption, and to pay interest there- on out of the same account at the rate of per cent ( %) per annum from the date hereof until the principal sum is paid or until this bond, if prepayable, has been duly called for redemp- tion, and at the additional rate of per cent ( %) per annum from , 19 to , 19 ; the interest hereon being payable December 1, 1967, and semiannually there- after on June 1 and December 1 in each year, and interest to maturity being payable in accordance with and upon presentation and surrender of the interest coupons appurtenant thereto, con- sisting of one set representing interest at the basic rate appli- cable to this bond from date of issue to maturity, and a separate set of "B" coupons representing interest at the additional rate and for the limited period stated above. Both principal and interest are payabll at in , in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. This bond is one of an issue in the total principal amount of $700,000, all of like date and tenor except as to serial number, interest rate, maturity and redemption privilege, and is issued pursuant to and in full conformity with the Con- stitution and laws of the State of Minnesota thereunto enabling and an authorizing resolution dated June 9, 1967, duly adopted 71 Y . by the unanimous vote of the Hutchinson Utilities Commission of the City of Hutchinson, for the purpose of paying a portion of the cost of the installation of equipment and the construction of buildings and additions for the municipal light and power plant, required to furnish electricity sufficient to neet the immediate demand therefor within the corporate limits of the City, and is payable solely from and as a first lien and charge upon the net revenues to be derived from the operation of the light and power plant, in excess of current, reasonable and necessary costs of the operation and maintenance thereof, on a parity with the Light and Power Plant Revenue Bonds dated June 1, 1962, which net revenues have been pledged and appropriated to the Revenue Bond Account to the extent required for the payment of principal and interest on the bonds when due and for the creation and maintenance in that account of an additional reserve in a sum at all times equal to the maximum amount of such principal and interest to become due in any subsequent fiscal year. The transfer of ownership of the principal amount here- of may be registered by the bearer on the books of the Commission by presenting this bond for registration to the Secretary, who will note the date of registration and the name of the transferee in the registration blank on the reverse side hereof. Thereafter this bond may be transferred to a bona fide purchaser only by de- livery with an assignment duly executed by the registered owner or his agent, and the Commission may treat the registered owner as the person exclusively entitled to exercise all the rights and powers of an owner until this bond is presented with such assign- ment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effec- tive., and until such transfer is registered on said books and noted hereon by the Secretary. Such transfer may be to bearer, and thereby the transferability of this bond by delivery shall by restored, but the bond may again and from time to time be reg- istered in the name of a holder or to bearer as before. Notwith- standing the registration of this bond as to principal, the in- terest coupons appurtenant hereto shall always continue to be payable to bearer and transferable by delivery. Bonds of this issue maturing on and between December 1, 1967, and June 1, 1972, are not subject to redemption before maturity, but those maturing on and between December 1, 1972, and June 1, 1977, are each subject to redemption and prepayment at the option of the Commission on June 1, 1972, and on any interest pay- ment date tbereafter, at par plus accrued interest and in inverse order of their serial numbers. Not less than thirty days before the date fixed for the redemption of any of the bonds, the Secre- tary will cause notice stating the amount, the serial numbers and maturities of the bonds called for redemption to be published in a financial periodical in a Minnesota city of the first class, and to be mailed to the owner of the bond if registered as to principal, and to the bank at which principal and interest are then payable, but published notice shall be effective without ma ifting . I IT IS HEREBY CERTIFIED, RECITED, COVER?ANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the home rule charter and ordinances and resolutions of the City of Hutchinson to exist, to happen and to be performed precedent to and in the issuance of this bond, in order to make it a valid and binding special obligation of the City in accordance with its terms, do exist, have happened and have been performed in regular and due form, time and manner as so required; that in and by the authorizing resolution the Hutchinson Utilities Commission, on behalf of the City of Hutchinson, has validly made and entered into additional covenants and agreements for the security of each holder of this bond, which will be fully and promptly performed by the Commission and each of its officers and agents concerned therewith, including a covenant that the Commission has established rates and charges for all services, products and by- products of its light and power plant which are estimated to be sufficient, and will revise said rates and charges, subject to concurrence of the City Council, whenever and as often as required to assure that the same will be sufficient., for the paym -nt of all costs of operation and main- tenance as incurred and for the production of net revenues adequate to pay the principal and interest on all bonds of this issue when due and to create and maintain said reserve, that no additional bonds or other obligations will be made payable in future from said net revenues on a parity herewith, except as expressly per- mitted in the authorizing resolution; and that the issuance of this bond did not cause either the special or general indebtedness of the City to exceed any constitutional or statutory limitation. IN WTTA'ESS WHEREOF the City of Hutchinson, McLeod County, Minnesota, by the Hutchinson Utilities Commission, has caused this bond to be executed in its behalf by the signatures of the President ar.d Secretary of that Commission, and has caused the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be executed and authenticated by the fac- simile sigratures of said officers, and has caused this bond to be dated as of June, 1.967. President of Hutchinson Util ies Commission C ounters igned : ;efc (Form of Coupon.) No. On the 1st day of December (June), 19 , the Hutch- inson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, will pay to bearer out of the Revenue Pond Account of its Light and Power Fund at in , the amount shown hereon in lawful money of the United States o-' America for interest then due on its Light 73 and Power Plant Revenue Bond dated June 1, 1967, No. (Facsimile Signature) (Facsimile signature) Secretary President of Hutchinson Utilities Commission (Coupons numbered 11 and upwards shall also include the phrase: "Unless the bond described below is called for earlier redemption".) (Registration endorsement to be printed on the reverse side of each bond) NO WRITINq HEREON EXCEPT BY THE SECRETARY The transfer of ownership of the principal amount of the within bond to the registered owner last noted below has been registered on the books of the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota: Date Registered, Owner Signature of Secretary (Form of certificate to be printed on the reverse side of each bond , following a full copy of the legal opinion of bond counsel) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of bonds of the Hutchinson Utilities Commission of the City of Hutchinson which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) Secretary President of Hutchinson Utilities Commission 4. The bonds shall be prepared for execution under the supervision of the Secretary of the Commission, and when prepared shall be executed by the signatures of the President and Secretary of the Commission, and the interest coupons appurtenant thereto shall be executed and authenticated by the printed, lithographed or engraved facsimile signatures of said officers. On the reverse side of each bond shall be printed a copy of the approving opinion to be rendered by bond counsel, certified by the facsimile sig- natures of the President and Secretary of the Commission. The bonds shall then be delivered by the City Treasurer to the pur- chaser thereof, upon payment of the agreed purchase price, and the purchaser shall not be obliged to see to the application of i 74 the purchase price, but the accrued interest and premium, if any, shall be credited to the Revenue Bond Account of the Light and Power Fund and the remainder of the proceeds shall be credited to the Capital Expenditure Account of said fund and expended and accounted for as provided in said resolution dated July 10, 1962. 5. The average of the annual net revenues, as defined in said resolution dated July 10, 1962, received from the oper- ation of the light and power plant and system during the two fiscal ,years immediately preceding the issuance of the bonds herein authorized, viz., the fiscal ,years ended March 31, 19669 and March 31, 1967, have been not less than an amount computed as follows: Fiscal year ended March: 1966 1967 Total Gross revenues $898,633 $9769695 A19875,328 Operation and maintenance expenses ( excluding de- preciation and interest) 551,029 560,394 11111,423 Net Revenues 347,604 416,301 763,905 Average annual net revenues 381,952.50 The total amount of principal and interest to become due and pay- able in any fiscal year of the term of the outstanding bonds dated June 1, 1962, on those bonds and on the additional bonds herein authorized, will not exceed the sum of $ payable in the fiscal year ending March 31, 1969, and said average annual net revenue figure is not less than one and one-- quarter times this amount. There is now on hand a reserve balance in the Revenue Bond account in the Light and Power Fund, not less than the total amount of principal and interest to become due and pay- able on said outstanding bonds in any future fiscal year, over and above the sums required to be credited to said account on a month- ly basis for the payment of current principal and interest. This balance shall be increased by the transfer and credit to said account of additional sums each month, over and above said current monthly requirements, in amounts sufficient to increase said re- serve balance, within a period not exceeding four years from the date of this resolution, to the maximum amount of principal and interest thereafter payable in any fiscal year from the Revenue Bond Account; which amount is computed to be $ , payable in the fiscal year ending March 31, 1972. The history of net revenues stated and the increase of the bond reserve provided for in this Section 5 conform to the conditions stated in Section 6.032 of said resolution dated July 10, 1962; and it is therefore proper and the Commission hereby determines, covenants and agrees that the bonds herein authorized shall be payable from the Revenue Bond Account of the Light and Power Fund, and from the net rev- enues appropriated thereto, on a parity as to both principal and interest with said Light and Power Plant Revenue Bonds dated June 1, 1962, without preference or priority of any bond over any other by reason of date of issue, date of maturity or any other cause, save and except as expressly provided with respect to all bonds payable from said fund in said resolution dated July 10, 1962. 75 6. The Hutchinson Utilities Commission, for itself and on behalf' of the Citv of Hutchinson, hereby certifies and represents to and covenants and agrees with the purchaser and the holders from time to time of all bonds issued under the authority of this :resolution that it will promptly and fully perform each of the covenants, agreements and provisions con- tained in this resolution and in said resolution dated July 10, 1962, and that the provisions of said resolution dated July 10, 1962, shall govern the rights and privileges and remedies of the holders of each and all of said bonds, as fully as though said bonds had been expressly described and authorized in said re- solution. 7. When all revenue bonds issued under and pursuant to this resolution and made payable from the Revenue Bond Account, and all coupons appertaining thereto, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of such bonds shall cease. The Commission may discharge all bonds and coupons which are due on any date by depositing with the paying agent or agents for such bonds on or before that date a sum sufficient for the payment thereof in full, or if any bond or coupon shall not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The Comm- ission may also discharge any prepayable bonds which are called for redemption on any date in accordance with. their terms, by depositing with the paying agent or agents on or before that date an amount equal to the principal, interest and redemption premium, if any, wl)ich are then due thereon, provided that notice of such redemp- tion has been duly given as provided in the resolution authorizing such bonds. The Commission may also at any time discharge any issue of such. bonds in its entirety., subject to the provision of law now or hereafter authorizing and regulating such action by calling all prepayable bonds of such issue for redemption on the next date when they may be prepaid in accordance with their terms, by giving the notice required for such redemption, and by de- positing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United Sates agencies which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to provide funds sufficient to pay all principal, interest and redemption premiums to become due on all bonds of the issue on and before said re- demption date. 8. A certified copy of this resolution shall be filed with the County Auditor of McLeod County by the Secretary of the Commission, and the Auditor shall be requested to certify in accordance with Minnesota Statutes, Section 475.63, that the issue has been duly entered on his register. 76 9. The Secretary of the Commission and the City ' Treasurer are authorized and eirected to furnish to the pur- chaser of the bonds and to the attorneys approving the legality thereof certified copies of all resolutions of this Commission relating to the authorization and issuance of the bonds, and all such certificates and affidavits relating to other matters shown by their official records or otherwise known to them, as may reasonably be required to evidence the legality and market- ability of the bonds., and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Commission and of the City of Hutchinson as to the correctness of all statements contained therein. ---- _ President of Hutchinson Utilities Commission Attest:- `'_)zecret�K y The motion for the adoption of the foregoing reso- lution was duly seconded by Clinton Tracy, and upon vote being taken thereon, the following voted in favor thereof: Howard Q uade Clinton Tracy Herbert Filk And the following voted against the same: None whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) SS. COUNTY OF McLF:OD ) I. the undersigned, being the duly qualified and acting Secretary of the Hutchinson Utilities Commission of the City of Hutchinson, McLeod County, Minnesota, hereby certify that the attached and foregoing is a full, true and correct transcript of the minutes of a meeting; of the Hutchinson Utilities Commission of said City duly called and held on the 77 date therein indicated, so far as such minutes relate to ' ?700,000 Light and Power Plant Revenue Bonds of said City, and that the resolution included therein is a full, true and correct copy of the original thereof. WITEESS my hand officially as such Secretary this 9th day of June.. 1967. Secretary Hutch son Utilities Commission 11 1