RES 1972-56 - 0000836791
RESOLUTION NO. 56 - 1972
A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS
IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385
(STREET IMPROVEMENT PROJECTS ST. 1971 -1, ST. 1971 -2, & ST. 1971 -4)
BE IT RESOLVED By the Council of the City of Fridley, Anoka County, Minnesota,
as follows:
SEC, 1. The total estimated cost of Street Improvement Prnjectc ST_ 1471_1,__
ST. 1971 -2 & ST. 1971 -4 has been estimated at $525,000.00
SEC. 2. It is now estimated that the sum of $275,000.00 is currently
necessary to provide financing of the projects above noted, and it is hereby
determined to be necessary to borrow said amount for the payment of obligations
now incurred and for expenses necessarily incurred in connection with the
which shall be paid all amounts due and payable as costs or expenses incident
to or incurred in connection with the making of said improvement.
SEC. 4. There is also hereby created Street Improvement Projects T. 1971 -1.
ST. 1971 -2 and ST. 1971 -4 a P &i I Account. which
account in said fund may and shall be termed as the P & I Fund, into which
shall be paid the proceeds of all special assessments levied against benefited
property by reason of making of said improvements as well as all other monies
construction of
said improvement
project.
shall be paid the principal
SEC. 3. There
is hereby created
Street Improvement Projects ST. 1971 -1,
'
ST. 1971 -2 and
ST. 1971 -4
which shall contain a construction account
sum of
as part thereof
into which shall
be paid all proceeds of temporary bonds issued
to finance said Street Improvement Projects ST.
pursuant to this
resolution and
similary subsequent resolutions, and out of
which shall be paid all amounts due and payable as costs or expenses incident
to or incurred in connection with the making of said improvement.
SEC. 4. There is also hereby created Street Improvement Projects T. 1971 -1.
ST. 1971 -2 and ST. 1971 -4 a P &i I Account. which
account in said fund may and shall be termed as the P & I Fund, into which
shall be paid the proceeds of all special assessments levied against benefited
property by reason of making of said improvements as well as all other monies
therein to be paid as provided by law and
out of
which
shall be paid the principal
and interest on all temporary improvement
bonds issued
to finance said project.
'
SEC, 5. It is hereby determined that the
sum of
$275,000.00
shall be borrowed
to finance said Street Improvement Projects ST.
1971 -1.
CT 1971 -2 R T 1971-4
with respect to cost of construction and
expenses
necessarily incurred relative
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thereto to this date, by the issuance of temporary improvement bonds of the
City of Fridley as authorized in Minnesota Statutes, SEC. 429.01, subdivision 3,
as amended by Laws 1957, Chapter 385. ,
SEC. 6. said bonds shall be payable from the P & I Fund of the following:
Street Improvement Projects ST. 1971 -1 ST. 1971 -2 & ST. 1971 -4 but
the City further recognized its duty under the law, as provided by Sec. 429.091,
and covenants and agrees with the purchaser and all holders from time to time,
of said temporary improvement bonds, at or prior to the maturity thereof that it
will pay and retire such bonds and the interest thereon out of the proceeds of
definitive improvement bonds which the Council shall issue and sell at or prior
to the maturity of the temporary improvement bonds to the extent that the same
cannot be paid our of funds available in the P & I_ Fund of Street Improvement
Projects ST. 1971 -1, ST. 1971 -2 & ST. 1971 -4 or out of other Municipal
funds which are properly available and are appropriated by the Council for such
purpose. ,
SEC. 7. It is hereby determined to levy special assessments against benefited
property by reason of the making of Street Improvement Projects ST. 1971 -1. ST. 1971 -2
& ST. 1971 -4
and to levy ad valorem taxes, if necessary, to
produce sums at least 5% in excess of the amounts sufficient to pay principal
and interest when due on said temporary improvement bonds and on any definitive
bonds to be issued as herein provided, such special assessments to be placed
on the tax rolls at such time when said improvement projects have been completed
or the total cost thereof has been determined.
SEC. 8. Said temporary improvement bonds in the amount of $275,000.00 shall
be denominated Street Improvement Project ST. 1971 -1 ST. 1971 -2 & ST. 1971 -4
Bond Series "B"
shall be fifty -five (55) in number
and numbered from 1 to 55 inclusive, each in the denomination of $5,000.00
shall bear interest at the rate of 7% per annum, payable semi - annually on ,
May and November of each year and shall mature on May 1, 1975 ,
shall be subject to redemption and pre - payment on any interest payment date, at par
and accrued interest. Not less than 30 days before the date specified for
redemption on said bonds, the City Treasurer shall mail notice of the call
thereof to the holder, if known, said Treasurer shall maintain a record of
the names and addresses of the holders of said bonds insofar as such information
is made available to him by the holders thereof, for the purpose of mailing
said notices. The principal and all interest on said bonds shall be payable
at Fridley City Hall, 6431 University Avenue, N.E., Minneapolis, Minnesota
55421.
SEC. 9. Said temporary improvement bonds shall be mimeographed and when so
mimeographed shall have attached thereto an interest coupon which bond and
coupon shall be substantially in the following firm:
(Form of Coupon)
No. $
(Unless the bond described below is called for earlier redemption)
on the day of , 19 tha•
County, Minnesota, will pay to bearer at
, Minnesota, the sum of
money of the United States of America for interest then due on its
DATED
of
dollars lawful
CITY MANAGER MAYOR
SEC. 10. Said bonds and coupons attached shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and Manager, and the corporate seal of the City shall be affixed
-?4
thereto, and the appurtenant interest coupon shall be mimeographed and authenticated,
by the printed, engraved, lithographed, or facsimile signatures of said Mayor and
Manager. When said bonds have been executed and authenticated they shall be ,
delivered by the Treasurer to the purchaser thereof, upon payment of the purchase
price heretofore agreed upon and accrued interest to date of delivery and said
purchaser shall not be obliged to see to the application thereof.
SEC. 11. The City Manager is hereby authorized and directed to file a certified
copy of this resolution with County Auditor of Anoka County, together with such
other information as he shall require and to obtain from said County Auditor a
certificate that said bonds have been entered on this bond register.
SEC. 12. The bonds issued hereunder shall be payable for Street Improvement Projects
ST. 1971 -1, ST. 1971 -2 & ST. 1971 -4 which is hereby created. The
Treasurer shall cause all monies received from the proceeds of said bonds, all
monies appropriated and transferred from other funds and all special assessments
for the improvements provided that if any payment of principal or interest shall
become due when there is not sufficient money in said fund to pay the same, the
Treasurer shall pay such principal or interest from the general fund of the City
and such fund shall be reimbursed for such advances out of monies to be credited
to said fund when said monies are collected. All proceeds for said bonds except
accrued interest shall be credited to the fund and used to pay the cost of said
improvements.
SEC. 13. It is further provided that should it appear at any time that the monies
credited to said fund and provided for the payment of principal or interest on the
bonds when the sums become due are not sufficient to pay the same, that then the
City shall issue further definitive improvement bonds as authorized and provided
in accordance with Minnesota Statutes, Sec. 429.091, Chapter 475, and that the
process of said further definitive bonds shall be first used to pay the principal
and interest as is then due and to redeem the temporary bonds issued thereunder. '
put, Datlo,:.
• w
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special assessments, and in the event that any such assessments be at any time
held invalid with respect to any lot, piece or parcel of land, due to any error,
defect or irregularity, or in any action or proceeding taken or to be taken by
the Council or any of the City Officers or employees, either in the making of
such assessment or in the performance of any condition precedent thereto, the
City and this Council will forthwith do all such further proceedings as may be
required by law to make such assessments valid and binding liens against such
property, and also shall take such further proceedings-as may be required by law
to provide monies for the payment of principal and interest as the same fall due
Ion the bonds issued hereunder and to provide for the redemption of the same.
SEC. 15. It is hereby determined that the collection of special assessments
and the proceeds of monies appropriated and transferred from other funds is
and will be in an amount of at least five per cent (5 %) in excess of the amount
required to pay the principal of and the interest on said bonds when due and
that no ad valorem tax levy is accordingly required.
SEC. 16. The officers of the City and the County Auditor of Anoka County are
hereby authorized and directed to prepare and furnish to the purchaser of said
bonds and to the attorneys approving the legality of the issuance thereof,
certified copies of all proceedings and records relating to said bonds and to
the financial affairs of said City, and such other affidavits, certificates and
information as may be required, to show the facts relating to the legality and
marketability of said bonds as the same appear from the books and records under
SEC. 14. The City Council
has determined
that not less than twenty percent
(207.)
of the total cost of said
improvements will
be paid by special assessments
to be
levied against every lot,
piece or parcel
of land benefited by the said improvements,
The City hereby covenants
and agrees that
it will do and perform, as soon as
they
can be done, all acts and
things necessary
for the final and valid levy of
such
special assessments, and in the event that any such assessments be at any time
held invalid with respect to any lot, piece or parcel of land, due to any error,
defect or irregularity, or in any action or proceeding taken or to be taken by
the Council or any of the City Officers or employees, either in the making of
such assessment or in the performance of any condition precedent thereto, the
City and this Council will forthwith do all such further proceedings as may be
required by law to make such assessments valid and binding liens against such
property, and also shall take such further proceedings-as may be required by law
to provide monies for the payment of principal and interest as the same fall due
Ion the bonds issued hereunder and to provide for the redemption of the same.
SEC. 15. It is hereby determined that the collection of special assessments
and the proceeds of monies appropriated and transferred from other funds is
and will be in an amount of at least five per cent (5 %) in excess of the amount
required to pay the principal of and the interest on said bonds when due and
that no ad valorem tax levy is accordingly required.
SEC. 16. The officers of the City and the County Auditor of Anoka County are
hereby authorized and directed to prepare and furnish to the purchaser of said
bonds and to the attorneys approving the legality of the issuance thereof,
certified copies of all proceedings and records relating to said bonds and to
the financial affairs of said City, and such other affidavits, certificates and
information as may be required, to show the facts relating to the legality and
marketability of said bonds as the same appear from the books and records under
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their custody and control or as otherwise known to the, and such certificates,
certified copies and affidavits, including any heretofore furnished, shall be ,
deemed representations of the City as to the correctness of all statements
contained therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST
DAY OF MAY , 1972.
0
MAYOR - NK 1. LIEBL
CITY MANAGER - GERALD R. DAVIS ,
ATTEST:
c
�.
CITY CNMK Marvin C. Brunsell