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RES 1975-19 - 0000751222 RESOLUTION NO_ 19 - 1975 A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 BE IT RESOLVED By the Council of the City of Fridley, Anoka County, Minnesota, as follows: SEC. 1. The total estimated cost of Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 has been estimated at $135,000.00. SEC. 2. It is now estimated that the sum of $130,000.00 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 construction of said improvement project. SEC. 3. There is hereby created Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 which shall contain a construction account as part thereof into shich shall be paid all proceeds of temporary bonds issued 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 connec- tion with the making of said improvement. SEC. 4. There is also hereby created Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 a P & 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 $130,000.00 shall be borrowed to finance said Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 with respect to cost of construction and expenses necessarily incurred relative 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 6 I Fund of the following: Sanitary Sewer, Storm Sewer and Water Improve- ment Project No. 116 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 out of funds available in the P & 1 Fund of Snaitary Sewer, Storm Sewer and Water Improvement Project No. 116 our out of other Municipal funds which are properly available and are appropriated by the Council for such purpose. Z3 SEC. 7. It is hereby determined to levy special assessments against CITY MANAGER MAYOR benefited property by reason of the making of Sanitary Sewer, Storm Sewer and Water Improvement Project NO. 116 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 $130,000.00 shall be denominated Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 Bond Series "A" shall be twenty -six (26) in number and numbered from 1 to 26 inclusive, each in the denomination of $5,000.00 shall bear interest at the rate of 7% per annum, Deyable semi- annually on August and February of each year add shall mature on February 1, 1978, 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 sub- stantially in the following form: (Form of Coupon) No. $ (Unless the bond described below is called for earlier redemption) on the day of , 19 , the of County, Minnesota, will pay to bearer at , Minnesota, the sum of dollars lawful money of the United States of America for interest then due on its DATED CITY MANAGER MAYOR 23 SEC. 7. It is hereby determined to levy special assessments against benefited property by reason of the making of Sanitary Sewer, Storm Sewer and Water Improvement Project NO. 116 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 $130,000.00 shall be denominated Sanitary Sewer, Storm Sewer and Water Improvement Project No. 116 Bond Series "A" shall be twenty -six (26) in number and numbered from 1 to 26 inclusive, each in the denomination of $5,000.00 shall bear interest at the rate of 7% per annum, Payable semi- annually on August and February of each year add shall mature on February 1, 1978, 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 sub- stantially in the following form: (Form of Coupon) No. $ (Unless the bond described below is called for earlier redemption) on the day of , 19 , the of County, Minnesota, will pay to bearer at , Minnesota, the sum of dollars lawful money of the United States of America for interest then due on its DATED CITY MANAGER MAYOR n 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 percent (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 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 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 3rd DAY OF FEBRUARY, 1975. ATTEST: CITY CL K - MARVIN C 4RUNSELL MAYOR WILLI J. NEE CITY MANAGER - NASIM QUERSHI