RES 1976-55 - 000073869"
RESOLUTION NO. 55 -1976
A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY
IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957 CHAPTER
385 (WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT
PROJECT NO. 119)
BE IT RESOLVED By the Council of-the City of Fridley
Anoka County, Minnesota, as follows:
SEC. 1. The total estimated cost of Water, Sanitary Sewer
and Storm Sewer Improvement Project No. 119 has been estimated
at $55,000.00.
SEC. 2. It is now estimated that the sum of $55,000.00 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 construc-
tion of said improvement project.
SEC. 3. There is hereby created Water, Sanitary Sewer and
Storm Sewer Improvement Project No. 119 which shall contain a
a construction account as part thereof into which 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 connection with the making
of said improvement.
SEC. 4. There is also hereby created Water, Sanitary
Sewer and Storm Sewer Improvement Project No. 119 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 $55,000.00
shall be borrowed to finance said Water, Sanitary Sewer and Storm
Sewer Improvement Project No. 119 with respect to cost of construc-
tion 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, Sub-
division 3, as amended by Laws 1957, Chapter 385.
SEC. 7. It is hereby determined to levy special assessments
against benefited property by reason of the making of Water,
Sanitary Sewer and Storm Sewer Improvement Project No. 119 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. 6. Said bonds shall be payable from the P &I Fund of the
following: Water, Sanitary Sewer
and Storm Sewer Improvement
Project No. 119 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
Sewer and Storm Sewer Improvement
the P &I Fund of Water,
Project No. 119 or out
Sanitary
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 Water,
Sanitary Sewer and Storm Sewer Improvement Project No. 119 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.
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SEC. 8. Said temporary improvement bonds in the amount of
55,000.00 shall be denominated Water, Sanitary Sewer and Storm
Sewer Improvement Project No. 119 Bond Series "A" shall be eleven
(11) in number and numbered from 1 to 11 inclusive, each in the
denomination of $5,000.00 shall bear interest at the rate of 7 °%
per annum, payable semi - annually on December and June of each
year and shall mature on June 15, 1979, shall be subject to re-
demption 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 mail-
ing 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 follow-
ing 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 - NASIM M. QURESHI MAYOR - WILLIAM_ J. NEE
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 thereto, and
the appurtenant interest coupon shall be mimeographed and authenti-
cated, by the printed, engraved, lithographed, or facsimile sig-
nitures 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 here-
tofore 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 Water,
Sanitary Sewer and Storm Sewer Improvement Project No. 119 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
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shall become due when there is not sufficient money in said fund
to pay the same, the Treasurer shall pay such principal or inter-
est from the general fund of the City and such fund shall be re-
imbursed 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.
SEC. 14. The City Council has determined that not less than
twenty percent (20%) 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 employ-
ees, 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 on 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 (5Y) 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, certi-
ficates 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
THIS 21st DAY OF JUNE, 1976.
COUNCIL OF THE CITY OF FRIDLEY
,
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MAYOR - WILL IK J. NEE
CITY MANAGER - NASIM M. QURESHI
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CITY C ERK - MARVIN C.M NSELL�
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