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SEPTEMBER 19, 1989 'WORLD'S LARGEST RESORT CITY' CITY COUNCIL MAYOR MEYERA E. O.EMWW. A@ V7CE MAWR ROBERT E. PEN7,ffM. V,,gi.@ &@h @h A@.r w. B@o, JO.N A. -UW. IfAROM)'@@@l(O.ER. A, -@-- . 11@NIXY. P.- MBA M@@M, P.- A.- ]Oil. M=, -,h NM@ X PAMER, ]OH' L -Y. ,@ j@.. A, 28) CrFy HALL BUILDING MUNICIPAL CENTCR AU.-Y V. A@@. JR., Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 1 - @-1. Cil, Al- (BN) 427-4303 RUT@ IIOWES WMH. CMCIME. C@ C@* S P E C I A L S E S S I 0 N SEP=ER 19, 1989 ITEM I. SPECIAL R-ORMAL SESSION - Council Chamber 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. READING OF MAYOR'S CALL TO SPECIAL SESSION C. ELECTRONIC ROU CALL OF CITY COUNCIL D. LOW BID: $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A E. RATE OF INTERE-ST: $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds). F. CITY MANAGER'S RECOMMENDATION G. AWARDING LOW BID: $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A H. ESTABLISHING TIIE- RATE- OF INTEREST: $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds). I. ADJOURNMENT M I N U T E S VIRGINIA BEACII CITY COUNCIL Virglnia Beacli, Vlrginia September 19, 1989 The SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Conference Room, City Fall Building, on Tuesday, September 19, 1989, at 12:30 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Absent and Excused: John D. Moss and William D. Sessoms, Jr. - 2 - Item I.B. ITFII # 31840 The MAYOR read her LETTER stating the purpose of the SPECIAL SESSION: "In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 19, 1989, at 12:30 P.M., for the purpose of AWARDING a Low Bid on $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A; and, ESTABLISHING the rate of interest for the $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B, Capital Appreciation Minibonds. S/Meyera E. Oberndorf Mayor MEYERA E. OBERNDORF MUNICIPAL CENTER MAYOR September 11, 1989 VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4581 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 19, 1989, at 12:30 P.M. for the purpose of AWARDING a Low Bid on $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A; and, ESTABLISHING the rate of interest for the $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B, Capital Appreciation Minibonds. Respectfully, @e Meyera E. Oberndorf Mayor MEO/bh cc: Aubrey V. Watts, Jr., City Manager Kevin Cosgrove, Acting City Attorney Ruth Hodges Smith, CMC/AAE, City Clerk Pam Lingle, Director of Public Information Virginia Beach City Council Received Notice Councilman Albert W. Balko Councilman John A. Baum Councilman Robert E. Fentress Councilman Harold Heischober Councilwoman Barbara M. Henley Councilwoman Reba S. McClanan Councilman John D. Moss Councilwoman Nancy K. Parker Councilman John L. Perry Councilman W. D. Sessoms - 3 - Item I.D. ITEM # 31841 LOW BID Giles Dodd, Assistant City Manager for Administration, advised the City of Virginia Beach has received six separate bids on its $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A. The true interest cost to the City of each of the bids is as follows: Syndicate Headed By % True Interest Cost Merrill Lynch Capital Markets 6.95286 Harris Trust and Savings Bank 6.9715 Manufacturers lianover 6.998158 Prudential - Securities 7.0292 BT Securities Corp. 7.0301 First Boston Corp. 7.0423 Tile City's financial advisors, Government Finance Associates, Inc. and the Government Finance Research Center recommended the City accept the low bid of Merrill Lynch Capital Markets. - 4 - Item I.E. ITE14 # 31842 RATE OF INTEREST Giles Dodd, Assistant City Manager for Administration advised for the purposes of selling the City's $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds), the City must set the interest rates and the accreted values of the bonds on the three maturity dates. Based on the interest rates received on the City's $40,210,000 General Obligation Bonds (Capital Appreciation Minibonds), the following interest rates and the accreted values of the Minibonds were recommended to be established: Interest Rates and Accreted Value Schedule Accreted Value at Redemption Date Interest Rate maturity per $500 October 12, 1992 6.2% 600.51 October 12, 1993 6.3% 640.80 October 12, 1994 6.4% 685.12 - 5 - Item I.G/H. TTEM # 31843 AWARDING THE LOW BID ESTABLISHING THE RATE OF INTEREST Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Resolution awarding $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A and setting interest rate on $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds) AWARDED Low Bid on the $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A to Merrill Lynch Capital Markets with a True Interest Cost of 6.95286% The interest rates on the $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds) are Established as follows: 1992 6.2% 1993 6.3% 1994 6.4% Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John D. Moss and William D. Sessoms, Jr. Councilwoman McClanan DISCLOSED, although it does not affect her ability to vote, her children have cash management accounts with Merrill Lynch. Councilwoman Parker DISCLOSED, although it does not affect her ability to vote, she also has cash management accounts with Merrill Lynch. 1 RESOLUTION AWARDING $40,210,000 GENERAL OBLIGATION 2 PUBLIC IMPROVEMENT BONDS, SERIES OF 1989A AND 3 SETTING INTEREST RATE ON $2,000,000 4 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, 5 SERIES OF 1989B (CAPITAL APPRECIATION MINIBONDS) 6 7 8 WHEREAS, the Council of the City of Virginia Beach, Virginia 9 (the City), by resolution adopted on September 11, 1989 (the Series 10 of 1989A Resolution), authorized the sale of $40,210,000 General 11 Obligation Public Bonds, Series of 1989A (the series of 1989A 12 Bonds); and 13 WHEREAS, pursuant to sale procedures set forth in the City's 14 Notice of Sale, sealed bids for the Series of 1989A Bonds are 15 received in the office of the City Manager at 11:00 a.m., local 16 time, on this date. Each of the bids of f ered to pay par, a premium 17 as indicated and accrued interest on the Series of 1989A Bonds from 18 the date of the Series of 1989A Bonds to the date of delivery: 19 1. Bid of Merrill Lynch Capital Markets, offering to pay a 20 premium of $ -0- for the Series of 1989A Bonds bearing interest 21 at the rates set forth in Column 1 on Exhibit A attached. 22 2. Bid of Harris Trust and Savings Bank, offering to pay a 23 premium of $ 5,480.30 for the Series of 1989A Bonds bearing 24 interest at the rates set forth in Column 2 on Exhibit A attached. '@ 5 3. Bid of Manufacturers Hanover Securities, off ering to pay 26 a premiurn of $ 5,028.70 for the Series of 1989A Bonds bearing 27 interest at the rates set forth in Column 3 on Exhibit A attached. 28 4. Bid of Prudential Bache Securities, offering to pay a 29 premium of $ 2,708.60 for the Series of 1989A Bonds bearing 30 interest at the rates set forth in Column 4 on Exhibit A attached. 31 5. Bid of B. T. Securities Corp., offering to pay a premiwn 32 of $ 197.70 for the Series of 1989A Bonds bearing interest at the 33 rates set forth in Column 5 on Exhibit A attached. 34 6. Bid of First Boston Corp., offering to pay a premium of 35 $ 1,852.50 for the Series of 1989A Bonds bearing interest at the 36 rates set forth in Column 6 on Exhibit A attached. 37 WHEREAS, representatives of the Government Finance 38 Associates, Inc. and Government Finance Research Center, the City's 39 financial advisors reported that the bid of, Merrill Lynch Capital 40 Markets, a copy of which bid is attached hereto, of f ered to 41 purchase the Series of 1989A Bonds at the lowest cost to the City, 42 determined in accordance with the Notice of Sale, and recommended 43 acceptance of the bid; and 44 WHEREAS, the Council of the City of Virginia Beach, Virginia 45 by resolution adopted September 11, 1989 (the Series of 1989B 46 Resolution), authorize the sale of $2,000,000 General Obligation 47 Public Improvement Bonds, Series of 1989B (Capital Appreciation 48 Minibonds) (the Series of 1989B Bonds); and 49 WHEREAS, the Series of 1989B Resolution provided that the 50 interest rate on the Series of 1989B Bonds be determined at the 51 time of the sale of the Series of 1989A Bonds; 52 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA THAT: 54 1. The Series of 1989A Bonds, the form and details of which 55 have heretofore been prescribed by the Series of 1989A Resolution 56 are hereby awarded to Merrill Lynch Capital Markets in accordance 57 with the terms of their bid and shall bear interest as set out in 58 such bid. 59 2. The interest rates on the Series of 1989B Bonds are as 60 follows: 61 YEAR INTEREST RATE 62 63 1992 6.2% 64 1993 6.3% 65 1994 6.4% 66 67 Adopted this 19th day of September, 1989, by the Council of 68 the City of Virginia Beach, Virginia. 69 APPROVED: 70 71 72 73 74 MAYOR 75 09/19/89 76 noncode/res/bondawar 39 financial advisors reported that the bid of, Merrill Lynch Capital 40 Markets, a copy of which bid is attached hereto, of f ered to 41 purchase the Series of 1989A Bonds at the lowest cost to the City, 42 determined in accordance with the Notice of Sale, and recommended 43 acceptance of the bid; and 44 WHEREAS, the Council of -,he City of Virginia Beach, Virginia 45 by resolution adopted September 11, 1989 'the Series of 1989B 46 Resolution), authorize the sale of $2,000,000 General Obligation 47 Public Improvement Bonds, Series of 1989B (Capital Appreciation 48 Minibonds) (the Series of 1989B Bonds); and 49 WHEREAS, the Series of 1989B Resolution provided that the 50 interest rate on the Series of 1989B Bonds be determined at the 51 time of the sale of the Series of 1989A Bonds; 52 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA THAT: 54 1. The Series of 1989A Bonds, the form and details of which 55 have heretofore been prescribed by the Series of 1989A Resolution 56 are hereby awarded to Merrill Lynch Capital Markets in accordance 57 with the terms of their bid and shall bear interest as set out in 58 such bid. 59 2. The interest rates on the Series of 1989B Bonds are as 60 follows: 61 YEAR INTEREST RATE 62 63 1992 64 1993 65 1994 66 67 Adopted this 19th day of September, 1989, by the Council of 68 the City of Virginia Beach, Virginia. 69 APPROVED: 70 71 72 73 74 MAYOR 75 09/19/89 76 noncode/res/bondawar S@ed bids must bc submitted by 11:00 am OFFICIAL BID FORM Scptember 19, 1989 City Council Ciii of Vir@ Bcach c/6 Office of thc City Managcr Virginia Beach Municipal Center Citi HaU Building VirgWa Brach, Virginia 23456 Dear Sir: On behalf of the group listcd below and pursuant to the terms and conditions of sale listed in thc Citys Noticr of Salc, we offcr to purchase the $40,210,000 General Obfigation PubEc Improvcment Bonds, Scries of 1989A of thc City of Virginia Bcach, Virginia, dated Octobcr 1, 1989. This offer is madc f6r aH of said Bonds and for not Icss than aH, maturing on October I in thc years shown below. The schedule of maturitics and intcrest ratcs upon which this bid is bascd arc as fohows: Interest -Mat.l!rity Ainount Maturity Amount Z= 10 I 2,015,000 10/1/2000 $2,010,000 6 I 10 1 $2,015,000 10/1/2001 2,010,000 u 10@l@9912 $2,010,000 el 0 10/1 2 2,010,000 -i-, 10/1/93 2,010,000 go 10/1@2000032 $2.010,000 10/1/94 $2,010,000 10/1/2004 $2,010,000 10/1/95 $2,010,000 10/1@2005 $2,010.000 10/1/96 $2,010,000 10/1/2006 $2,010@,000 10/1/97 $2,010,000 6 -42 10/1/2007 $2,010,000 -7- 0 0 1 @l//Qg $2,010,000 10/1/2008 @oio.ooo 7, 0 10 1/99 $2,010,000 10/1/2009 $2,010,000 7.;o We wifl pay $40,210,000 plus a prem ium of $ - 0 - and accrued intcrcst from the date of the Bonds to the. date of dclivcry and wifl acce dchvcry of the Bon s y mcans of a book-entry system at The Depository Trust Company, New7York, Ncw Yor We enclose a certiricd or cashices check for $804,200 drawn ui>on an incorporatcd bank or trust company and payablc unconditionally to thc order of thc City of Virginia Bcach, Viiginia, which is to be applied in accordancc with ihe Notice of Bond Saic to sc-curc thc City against any loss resulting from the failure of the succcssful biddcr to comply with the terms of this proposal. The chcck of the successful biddcr wiR be dcpositcd and credited on the purchasc price, and no interest will be credited thereon. The proceeds of the check wiU bc rctained by the City as Equidated damagcs in case thc successful biddcr fails to accept dcfivcry of and pay for thc Bonds. Checks of unsu@ful bidders wifl bc returned promptly upon award of the Bonds. RespectfuUy,submittrd,.., MERRILL LYNCH CAPITAL MARKETS and Associates Managige Dir6ctor The above good faith chcck has been rcturncd and receipt thercof is duly acknowlcdged. NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID TE 7r, following is stated for information only and is not a part of this bid: The Truc Intercst Cost of bid is and the total amount of interest payablc on thc Bonds (net of accrued intcrest) is s 3,?Sl 2 2 S-, 0 0 6 Item I-I. ADJOURNMFIff ITEM 31844 Upon motion by Vice @layor Fentress, seconded by Councilman Baum, BY CONSENSUS, City Council ADJOURNED the Meeting at 12:45 P.M. a@ 0 @@ Beverly 0- Hooks Chief Deputy City Clerk Uth Hodg@s Smith, CMC M.@y.@. Obern City Clerk Mayor City of Virginia Beach Virginia