02/12/1979 - 5759,
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THE MINUTES QF THE PUBLIC HEARING MEETING OF TNE FRIDLEY CITY COUNCIL OF
FEBRUARY 12, 1979
The Pubiic Hearing Meeting of the�Fridley City Council was called to order
by Mayor Nee at 7:38 p.m.
� PLE�GE OF ALLEGIANCE:
�� � Mayor Nee led the Council and audience in the Pledge of Allegiance to the
': � flag.
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j ROLL CALL•
MEMBERS PRESENT: Councilman Fitzpatrick, Councilwoman Moses,
Mayor Nee, Councilman Schneider and Councilman
Barnette
'� MEMBERS A6SENT: None
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� PRESENTATION OF AUdAR� - EDWARD HAMERNIK, COUNCILMAN, WAR� I- 1976-1978:
� �Mayor Nee, on behalf of the Council, presented a plaque to Ed Hamerrik,
Councilman, Ward i from 1976 to 1978, in recognition of his services as a
member of the City CounciL �
Mayor Nee stated it was impossible to serve on the Council with such a
person as Ed Hamernik, without developing a high respect and great regard
for him. Mayor Nee read the inscription on the plaque presented in appreci-
ation for his outstanding dedication in serving the community.
IMr. Hamernik stated he enjoyed his tour on the Council and found it to be
� an interesting and rewarding experience. He stated he would miss the associ-
�-. ation with the Council members and staff and thanked the constituents in Ward I
'�, f• for giving him the opportunity to serve.
� ! A�OPTION OF AGEN�F:
�� Mayor Nee requested an item be added to the agenda, a� resolution regarding
' participation in Minnesota Cities Week February 26 through March 2, 1979.
'I MOTION by Councilman Schneider to adopt the agenda as amended. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de-
, clared the motion carried unanimously.
� NEW BUSINESS:
� CONSIDERATION OF PA1'MENT FOR RECOUNT OF WARU I ELECTION:
�� - Mr. Herrick> City Attorney> stated he was asked for an opinion on reimbursing
�, the participants in the recent election contest. He stated he did some research
' and discussed this matter with the Nead Attorney for the League of Minnesota
�, Cities: �
He stated the expenses could be divided by (1) the actual cost of the recount
which would include the appointment of representatives and wsts that were
associated in determining whether the couht obtained was correct; and (2)
the legal fees involved.
Mr. Herrick stated, as to the latter expense of legal fees, he couldn't find
any rationale or authority for the City to pay the attorney fees. He stated
the statute does provide that the City may pay certain costs under conditions
that are set fortti, but it doesn't apply to attorney fees.
Mr. Herrick stated a recent Supreme Court decision states, in an election
� � contest, the City should not pay the fees because it is a private matter
imore than a public matter. This same opinion is shared by the attorneys
.�� . from the League. .
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PU6LIC HEARING MEETING OF FEBRUARY 12, 7979 � PAGE 2
He stated, if the cost of a recount is something that is to be assumed by
the general public, then either the Legislature should amend the existing
State law or City Charter might be amended to provide that the City would
pay for the cost of recounts, but not attorneys' fees. P1r. Herrick stated
his recommendation is not to assuine the costs of the attorney fees.
Mr. Herrick stated, as far as the recount, inasmuch as there were some
allegations made that there was an error and an indication there were some
minor irregularities, in his opinion, the Council could, if they wished,
pay for the cost of recounting the ballots.
Councilwoman Moses asked if the State Legislature does pass something�in
this regard, if it would �be inappropriate to come back at that time with
the request. �
Mr. Herrick stated it would depend soinewhat on the tenns of the action taken
by the Legislature. fie stated usually legislation is not retroactive and
there are provisions, when legislation is passed, when it takes effect.
Mr. Herrick stated the State Legislature has provided for recounts where
there was less than a 700 vote margin. �
Councilman Schneider asked, if a recount is required on the State level,
if the State picks up the costs for attorney fees or just the cost of the
recount.
Mr. Herrick stated he did not know at this time, but could check into it
further.
Councilman Fitzpatrick asked, if the recount could have been requested,
without representation of legal counsel.
Mr. Herrick stated the recount required an appearance in court and that
anyone can 90 to court without an attorney, but this was a very complex
matter that invoived interpretation of existing statutes. He stated, as
a practical matter, it would have been difficult to carry this out without
a legai representative.
Councilman Fitzpatrick asked, under the provision that the Legislature
made for contests When a vote is within a margin of 100, if candidates had
to be represented by counsel. ��
Mr. Herrick stated he has not really looked at the statute thoroughly, but
did read the provision for the automatic recount and didn't think you had
to go to court to get it.
Mr. Herrick stated it seeined candidates could each appoint someone, or
representatives of the City Clerk, could run the ballots through the computer
to make sure they get the same count and examine the absentee ballots. He
felt a relatively simple procedure could be provided for that purpose. However,
if there was a question on whether ballots should be thrown out, at that point,
it could go to court.
Councilwoman Moses stated she was under the impression that the City Attorney
would take care of the legal matters involved.
Mr. Herrick stated if there is a question on whether ballots should be thrown
out, it would be difficult for the City Attorney to advotate what should be
done. He stated the City Attorney is to represent the City Clerk's office
regarding whether or not they acted properly. He didn't feel the City �
Attorney could represent the candidates in this type of situation.
Mr. Hamernik stated the costs, as broken down by the attorney, were a$40
expense incurred by Ms. Moses for two filings and one injunction. Mr. Hamernik
stated tie had a$20 filing fee, subpoena costs, and costs for three repre-
sentatives at $75 each, for a total of $307�which included filing fees,
representative costs and witness costs.
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PUBLIC HFARING MEETING OF FEBRUARY 12, 1979
PAGE 4
UPON A VOICE YOTE 7AKEN� QN THE FlB09E MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Schneider to adopt Resolution No. 26-1979. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
nrcninTi/1N Nfl 97-7979 �IRECTIP�G TNE ISSUANCF OF TEMPORARY IMPROVEMENT BONDS
MDTIDN by Councilman Fitzpatrick to adopt Resolution No. 27-1979. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously. �
___.,. �.r.A., .�� oo io�o nraFrriNf, THF SALE AND PURCNASE OF TEMPORARY IMPROVE
MOTION by Councilman Schneider to adopt Resolution No. 28-1979. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all�voting aye, Mayor Nee declared
the motion carried unanimously. �
CLAIMS:
MOTIDN by Councilman Schneider to authorize payment of Claims No. 037F09
through 039f01. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
ESTIMATES:
Councilman Schneider stated in the invoice, No. 669D dated February 6, 1979,
from the City Attorney, a correction should be made to show "Councilman lst
Ward" not Councilman 2nd Ward". .
MOTION 6y Councilman Schneider to approve the estimates, as corrected.
Smith, Juster, Feikema, Malmon & Haskvitz
Suite 1250
Builders Exchange Building
Minneapolis, MN 55402
For legal services rendered as Prosecutor during
January, 1979
Weaver, Talle & Herrick.
376 East Main Street
Anoka, MN 55303
For 1e9a1 services rendered as City Attorney durin9
January, 1979 �
$2,280.00
$2,635.95
Seconded by Councilman Fitzpatrick. lJpon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimousiy.
___....�-..,.., .�n oo_,a�o Rcf,uRniNf, PARTICIPATION IN MINN[SOTF CITIES WEEK
Mayor Nee stated the Council has received information in regard to the
support of the program of Minnesota cities and asked if there was a motion
for the proclamation or resolution.
MOTION bY Councilman Fitzpatrick to adopt Resolution No. 29-1979• Seconded
6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Mr. Qureshi, City Manager> outlined the time of the conferences and luncheon
on March 1, 1979•
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FRIDLEY
CITY
COUNCIL
�� PUIILIC HEARIN6 I�IEETING - FEBRUARY ]2, 1979 —�7:30 P,M,
�'�EMO T0: DE°ARTMENT NEADS
FOLLOWING ARE THE "ACTIQidS �JEEDED'�, PLEASE HAVE YOUR ANSWERS
BACK :N THE CITY MANAGER`S OFFICE BY THE �'IEDNESDAY BEFORE THE
NEXT REGULAR COUNCIL MEETING. THANK YOU. ��=���f ��; /97j�
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PLAQUE PRESENTED
ADOPTIOfJ OF AGEi�DA;
EDWARD NAMERNIK
COUNCILMAN, WARD I
1976 — 1973
Added: Resoiution in support of Minnesota Cities for Cities Week
NEt�d BUSIfdESS:
CONSIDERATION OF PAYMENT FOR RECOUNT OF �l�ARD I ELECTI�N� ,].
Council approved payment of $267 to Mr. Hamernik and $40 to Ms. Moses
for a total of $307.
FINANCE ACTION NEEDED: Make necessary arrangem2nts for payments
,
FINANCE
CONSIDERATION OF A RESOLUTION IN SUPPORT OF SENATE
FILE N0, 3J1 RELATING TO THE TAXATION OF RAILROAD
PROPERTY ON AN AD VALOREM BASIS, , , , , , , , � � � � � � 2 _ 2 �
Resolution No. 24-1979 adopted with word "operating" after "railroad" in lst
ACTION NEEDED: Change resolution as adopted and ' paragraph.
forward to appropriate legislators and also to area legislators.
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=INANCE
INANCE
Ii�E�'� BUSINESS �CONTINUED)
CONSIDERATION OF A RESOLUTION DIRECTING THE ISSUANCE
OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS
oF 1957, CHAPTER 385 (ST, 1976-3), , , , , , , , , , , , ,,,
Resolution No. 25-1979 adopted
ACTION NEEDED: Fill in amounts of $65,000 on Page 3 and 7% interest
on page 3 A. and proceed as authorized
CONSIDERATION OF A RESOLUTION DIRECTING THE SALE AND
PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE
WITH Laws oF 1957, CHAPTER 385 (ST, 1976-3). ., ,., ,,
Resolution No. 26-1979 adopted
ACTION NEEDED: Proceed as authorized
CONSIDERATION OF A RESOLUTION DIRECTING THE ISSUANCE OF
TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF
I957, CHAPTER 385 (ST. 1975-4), , , , , , , ,, , , , , ,
Reso7ution No. 27-7979 adopted
ACTION NEEDED: Proceed as authorized
CONSIDERATION OF A RESOLUTION DIRECTING THE SALE AND
PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE
WITH �AWS OF 1957, �HAPTER 385 (ST, 1975-4), ,,,,,
Resolution No. 28-1979 adopted
ACTION NEEDED: Proceed as authorized
3-3F
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�FINANCE
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�JEW BUSINESS (CorvTINUEn)
C�Air�s , , , 7
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roved claims as presented
ACTIDN NEEDED: Pay claims
ESTIMATES� � . � � � � � � � . � � � � � . � � : . � � � ,
City Attorney.estimate to be corrected to read "Seating of Councilm8n- 8 C
lst Ward" (rather than 2nd Ward). Estimates approved
ACTION NEEpEp; pay estimates
RESOLUTION N0. 29-1979 REGAR�ING PARTICIPATION IN MINNESOTA CITIES WEEK
Resolution No. 29-1979 adopted
ACTION NEEDED: Forward resolution to League of Minnesota Cities
ADJOURN: 8:22 P.M.
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FRIDLEY CITY COUNCIL MEETING
PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: February 12, 1979
NAME ADDRESS TTFM NIIMRGD
FRID�.EY CITY COUNC I L
PUBLIC HEARING i�EETING - FEBRUARY IZ, 1979 — 7:30 P,M,
PLEDGE OF ALLEGIANCE:
PRESEPJTATIOfd OF AWARD:
PLAQUE PRESENTED EDWARD HAMERNIK
COUNCILMAN, WARD I
1976 — 1973
ADOPTIOPd OF AGEfdDA:
NEId BUSIIJESS;
CONSIDERATION OF PAYMENT FOR RECOUNT OF ���ARD I ELECTION� , 1
CONSIDERATION OF A RESOLUTION IN SUPPORT OF SENATE
FILE N0, 3%1 RELATING TO THE TAXATION OF RAILROAD
PROPERTY ON AN AD VALOREM BASIS� , , , , , , , , , , , , , 2 - 2 �
iJEI'd BUSINESS iCONTINUED)
CONSIDERATION OF A RESOLUTION DIRECTING THE ISSUANCE
OF TEMPaRARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS
oF 1957, CHAPTER 385 (ST, 1976-3), , , , , , , , , , , , , , 3 - 3 F
CONSIDERATION OF A RESOLUTION DIRECTING �HE SALE AND
PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE
wirH Laws oF 1957, CHAPTER 385 (ST. 1976-3>, ,,,,,,,, 4- 4 A
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CONSIDERATION OF A RESOLUTION DIRECTIN6 THE ISSUANC[ OF
TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF
1957, CHAPTER 385 (ST, 1975-4) , , , , , , , ; , , , , , , , 5 - 5 F
CONSIDERATION OF A RESOLUTION DIRECTING TNE SALE AND
PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE
WITH Laws oF 1957, CHAPTER 385 (ST, 1975-4), . . , , , , , . �6 - 6 A
RESOLUTION N0. T97g
A RESOLUTION IN SUPPORT OF SENATE FILE N0. 371 RELATING TO THE
TAXATION OF RAILROAD PROPERTY ON AN AD VALOREM BASIS
WHEREAS, The City of Fridley presently receives no taxes from
railroad property, and
WHEREAS, There is a significant amount of railroad property
located within the City of fridley, and
WHEREAS, The City does have expenses relating to police, fire
and other City services associated with railroad property, and
- WHEREAS, The taxation of railroad property on an ad valorem
basis would put them on the same taxing basis as other corporations
located in the State of Minnesota,
NOW, THEREFORE, BE IT RESOLVED, By the Council of the City of
Fridley that the Council hereby goes on record as being in support
of Senate File P�o. 371 which has as its purpose the taxation of
railroads on an ad valorem basis. •
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF � �g�g.
- MAYOR - WILLIAM J. NEE
ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
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CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER, AN� CITY COUNCIL
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
SUBJECT: SENATE FILE N0. 371 RELATIN6 TO THE TAXATION OF
RAILROAD PROPERTY ON AN AD VALOREM BASIS
DATE: FEBRUARY 8, 1979
The attached resolution would have as its purpose placing the City
Council on record as being in favor of the taxation of railroads
on an ad valorem basis.
This legislation �aould be advantageous to the City of Fridley as
well as most other local governmental units throughout the State
of Minnesota. There are some exceptions to this. At the present
time the gross earnings tax collected by the State goes into the
State General Fund, It is not distributed back to local units
of government, except for a few units of local government who
qualify for an additional amount of State Aid because of the large
amount of railroad property located in their city. Fridley is not
one of these cities.
MCB:sh
Attachment
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MEMO T0: Nasim Qureshi, City Mgr.; t4arvin 6runse7l, Asst. Cty. Mgr./Fin. Director;
Honorable Mayor and City Council
FROM: Mervin J. Herrmann, City Assessor •
SUBJECT: Gross Earnings Tax vs. Real Estate Tax for Railroads - SENATE FILE y371
DATE: February 8, 7979
The Railroads have been paying,in lieu of real estate taxes, a 5%
gross earnings tax since 1912. This has become a higher tax than
rea] estate tax for most Railroads
The gross earnings tax has been collected by the state and placed in
the General Fund. Until 1973 certain counties, cities and towns
which had excessive railroad property could qualify for direct aid
from this fund if they had a lot of railroad value in proportion to
other real estate value. .
Since ]973 this has no longer been the case for counties, cities and
towns when local government aids were adjusted to take up the slack.
The City of Fridley had not been on the receiving end even before 1973.
Possibilities are that the state would assess the Right of Way
properties and apportion the values to the different taxing districts.
I would suggest that the Right of Way properties, as they are now
identified, would be locally assessed where full time assessors are
employed, otherwise by county assessors instead of the State
�epartment of Revenue.
I�aould recoinmend that the Councii support this Bill as it would
increase our tax base.
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371
FEB 1 1919
Messrs. ftanson, Schaaf, Ogdahl, yerriam and Sielo£f introduced--
S. F�.. i]o. 371: Re£erred to the committee on TAXES AND TAX LAWS
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A bifi ioc an acY
reEating to taxation; provFding for an ad vstorem
tax on tailtoads in tieu of ihe gross earrtings
tax; amending Hinnesota Statutes I478� Cbapter
270. bY adding sect{ons; and Chapter 424, by
adding a. seciion;�repeattng Hinnesota Statuies
2478, Sections 295.01, Su6divisions 2 and 3;
295.02; 295.03� 295.04� 295.05� 295.12i 245.13;
and 295.14.
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11 BE IT ENACTED BY THE LEGISLATURE QF THE SFATE OF NINNESDTA: '
12 Section I. Hinnesota Statutes 197i3, Chapter 270, is
13 amended b y adding a secteon to read:
14 t270.S02 [DFFINITIONS.I Su6division 1. 7he toi[oxing
15 kords_and_phrases_when used in_sections_I_to 16. t�n[ess the
16 context clearfy indicates vtherxise, shatl have ihe
I7 meanings ascribed to them in this section. �
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Subd. 2. `Railroad coapany� neans any company hhich
as a coTmon carrier operates a raitro3d or a Fine or iines
oi railway sttuat�d withfn or partty within Hinnesota.
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Subd-_3-___pperating_property•_means alf pcopecty
orrned or usod by a railroad company in tha perto�mance of
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ratlroad transportation services, includin9 without s
Iimitation-franchises=_rights_of-Nay,_bridges. trestles.
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79-0747
<REViSOR >
MW ..
1 shops, docks, uharves. buiidin9� IInd structures. '
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2 Subd. 4. Nonoperating property' means and fncludes
3 a{i property other than prcporty defined in subdivlsiorc 3.
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4 Nonoperating property shalf irtctude reai property Hhich is
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5 leased or rented or avafta6le for lease or rent to any
6 petson whfch ts not a rai[road company. Vacant land sha[f
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7 be prosumed to be availa6le for fease ot rent it it has�not
6 been used as operatin9 property foc a period of one year
4 precedin9 the vatuation date. � � �
10 Subd. 5. "Commissio�er� means the commissioner ot
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11 revenue.
12 Sec. 2. Hinnesota Statutes 1478r Chapter 270s is
13 amended by adding a secYion to read: "
14 f270.811 fTARATF�tt pNQ ASSESSHERT DF RAILROdD C04PANY
15 PROPERTY.1 Subdivision 1. The operating proparty of evecy
I6 raitroad companY doing business in Hinnesota shafF be �"
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I7 valued by tha cor�missioner in the manner prescribed by
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18 sectfons I to 10.
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14 Subd. 2. The nonoperating property of�every railroad
20 company doing 6usiness in Minnesota sha<< be assessed ss
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2I otherwise provided by laK.
22 ' Subd. 3. The commissioner shalt haee exctusive .
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23 primary .iurisdiction to determine what fs ope�atin9
; 24 prope�tY and what is nonoperating propecty.^ � �
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25 Subd. 4. In no event shatt property owned or used by
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� 26 a. railroad, uhether operating properYY or nonoperatin9
27 property, be subject to tax hereunder unfess such property
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28 is of a character tihich woutd otherwise be subJect to tax
29 under the provisions of Yinnesota SLatutesr Chapter 272.
30 Subd. 5. ^Prior to the promuEgatlon of perc�anent rules �
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31 the commissicner may exercise tempornry rute-making
�2 authoritY :+s provided in section ]5.0412, subd(vision 5r to
33 implement the provisions of'thls uct. The eommissionor +
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1 shaft sottclt information and opinions f ro m outside hE's
2 departmen! as provlded in section 15.0412s subdivision 6,
3 betore adopting these rules. NotNithstanding the
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4 Provisions of section 15.0412* subdivlsion 5, rutes adopted
5 pursuant to this section shaif be eiiective until permanon!
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6 rules are adopted pursu¢nt to chapYnr 15 or untEf Hay I•
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7 1460, whlchever occurs flrst.
8 Sec. 3. Hinnesota Statutes L478r Chapter 27D, is
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4 amended by adding a section to read:
30 t270.S23 (REPDRTS OF RAILROAD COtiPAN1E5.F Subdivisfon
11 1. Every raitroad company doing business in Hinnesota
12 shail annuatly tite with the commissioner on or before
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33 April 30 a report under oath setting forth the In4ocqation
14 prescriSed by the cowmissioner to enabfe him to make the
15 valuatian and equaiization required by sectinns I to 10.
16 Su�d. 2. The commissioner far Saod cause may extend
1'I the time for il[inq the report required by subdivFsion 1.
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18 Sec. 4. Minnesota Siatutes 1978, Chaptee 27D� Is
19 au�ended by adding a sectton to read:
20 [270.831 IEXAHINRTIGHS fiND iidVEST.iGATI0N5.15ubdivision
21 1. The comraissioner shall have the poker to examine or
22 cause to be exanined any books, papers, records, or
23 memorznda retevant to the determination of the vatuation oi
24 operating property as herefn provided. The commissioner
25 shal( have the turther�poNer to requiceathe attendance ot
26 any person having knoufedge or infarmation in the pceaFses,
27 to compe[ the production oT 600ks, papers. cecords, or
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28 memoranda by persons so required to attend, to take
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29 testimonv en matters material to such determination and '
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30 administcr oaths or atfirnations.
31 Subd. 2. For the purpose of ¢aktng such examinations,
32 the comnissioner nay anPOint such persons as he maY deen
33 necessarY• Such persons shat! have 2he righta and pouers
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1 of the exarain[ng of books, papais, records or memoranda,
2 and of subpoenain9 Witnesses, admFnisterEng oaths and
3 aftirmations, and taking oi testimo�y, xhich ace conferrad
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upon the commissioner here6y. The clerk of any court of
�ecord, upon demand ot any such person. shntF issue a
subpoena ior the attendance of any witness or the
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production of any books, papers. records, or memoranda
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before such person. The commfssioner nay a[so issue
su6poenas for the appearance of Hitnesses before him or
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6efore such persons. Disobedience of subpoenas so Issued
shall be punished by the distrFct cnurt of the disttict En
uhich the su6poena is fssued for a contempt ot the district
13 court.
14 Subd. 3. If any rsilroad company shaif refuse or
IS neglect to make the report required 6y this section to tha
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16 comr�issi'oner, or shafl refuse or negtect to permit an
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17 inspectian and examinatian of its property, cecoeds: 600ks,
18 accounts or ether papers when requested by the
19 .com�aissioner. or shat! refuse or negtect to appear before
20 the coma�issionec or a person appointed undec su6dirision Z
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uhen required so to do. the commissioner shatt r�ake the
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va[uation provided for by sections 1 to 10 against the
railroad company according to his best judgment ony
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avaitabFe information.
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Sec.. 5. Minnesotu Statutes 2978, Chapter 270s is
amended 6y adding a section to read:
(270.841 (ANNUAL VQLUATION OF DPERATIhG PROPEFTY.I
28 Subdivision 1. The commisstoner shall annuattY betHeen
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24� April 30 and July 31 make a determination of the tair �
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30 market value of the operaYin9 Property ot evcry rai[road
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31 com�any dofng business in this state as ot January 2-ot the
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32 year in uhich thc valuation is madc. In detcrnining'the
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33 fair market valuc of thr. portlon ot operating property
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1 Hithin thi,^ stater the comm(ssioner shalt va[ue the
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2 operatinc property as a unit, taking fnto considerat€on the
3 value ot the operating property of the entfre system, and
4 shall allocate to this state that part thereot uhich is a
5 fair and ceasonabte proporYion oi said entire system
6 vafuatian.
7 Subd. 2. Atter the conmEssinner has detetained the
B fair market value oF the operating property oi each
9 raiiroad company, he shatt give notice 6y first c[ass mail
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to the raifroad comRany of the vatuation_
Sec. 6. Hinnesota StatuYes 1478, Chaptee 270. is
12 anended by addi�g a section to eead:
13 1270.651 (RFVIEH OF VALUATIDN.i A raiFroad coapany may
]4 within 15 days of receFpt of ths nottce ot vatuation fe[e a
15 written request for a conference with the commessioner
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i6 re[ating to the vatue af its operating property. The
17 comnissioner shat[ theceupon desigoate a time and p[ace for
F8 the c�nference which he shalf conduct, upon commissioner's
14 entite fites and records and such iurthec informaLion as
20 may be oifered. Said conference shaft be heid no tater
21 than 30 days aiter mailing ot the cor..miss€oner's vatuation
22 notice. At a reasonab[e time after such conFerence fihe
23 commissioner shail make a fina� determination of the fair
24 market value ot the operating peopertY of the raitroad
25 company and shall notify the company ptomptly thereof.
26 Sec. 7. Minrtesota Statutes I978, Chapter 270. Is
27 amended by adding a section to ceadc
28 f270.D61 fAPPpRTIbt:RENT �F YALUhTf�N.T Subdi¢ision 1.
29 Upon determination by the com�issioner of the fair macke{
-------------------°------------------------------
30 v2fue oi the operating property ot each ratiroad company,
31 he shatl apportion such vatue io the respectivo counYies �
32 and to the taxinq districts therein in conformity uith Talr
-----------------------------------------------------
33 and reasonabto rules and slandards to Ge established by the
5
z i�
1 commissloner pursuant to notice and hearingr except as•
2 provided in section 2 of thls act. In estab[ishing such
------------�------------------------�-----------
3 rules and standards the commissioner may consider Ca) the
---------------------------------------------------
�e physica( situs ot al( station houses, depots, doeks.
5 wharves, and other buitdtngs and structures uLth an
6 original cost in excess ot 510,000; [b) the proportion thaL
7 the length and type of aIl the tracks used 6y the railroad
--------------° ------------------------------ -
S In such county and taxing district bears to the lensth and
9 type of all the track used fn the stata; and (cI othec �
---- ° ------------------------------------------
10 facts as uill resu[t in a fair and equitable apportionment
°----------°--------------------------- -
11 of val�e. .
12 Subd. Z. Uoon maktng the apportionment provided in
13 subdivision 1, the commissioner sha4l determine the
----------------------------------------------
24 equalized valuation of such opesating propetty en each
-�-------------------_____----__�-_--_---�---_�_-�.
15 county by applying to the apportioned va[ue the same ratio
16 as the ratio oi assessed to actua! value of the commercial
' 17 and indusYrial property i� such county.
------ -------------- ---------���_
18 Sec. 6. Minnesota Statutes I478: Chapter 276, is
19 amended by adding a section to read:
20 [276.871 fCERTIFICATIOh 70 COUN7Y ASSESS�RS.1 Hhen the
21 commissioner has made his annual determination of the
22 equaliz=d fair market value of the operating pcoPerty of
23 each company in each of the respective couniies� and fn the
24 taxin9 districts therein, he sha[t certiiy the eqccatized
25 fair market value to the county assessor, which shall
---------�-------------------------------------
26 aonstitute the a5seS5ed v3[UatiOn Of Ch0 Op¢C3Yi(19 pCOpe�ty
______________________________�_________'�_________
27 ot the railtoad company in such countY and the taxing
26 districts therein �pon uhich taxes shait be (evied and
----------------------------°-----------------------
29 collected in the same manner as on the commeric�( and
30 industrial�propertY of such county and tho taxing districts
--------------- --- -- ------------------°------°----
3I therein.
32 Sec. 4. Ninnesota Statutes 197it, Chapter 27D, is �
33 anended by adding a section to read:
G
74-A7l,7
<REVTS�R >
1 (270.Et6� (PROCEEDINGS A�16 APPEAIS.I The commissioner's
' 2 final determination undor section 6 and his certtficaL[on
3 to county assessors under section B shaff be final orders
4 appeaiaole to the tax court in accordunce wFth chapter
5 272. Appeals by raItroad companies under this act shafi be
6 taken a�ainst the commissionet und rtot against the counLY +
7 or taxing district to which payment Es c+ado. Upon the
8 filing ot any appeat 6y a raitroad company, the
9 commissioner sha[[ give noYice thereof by first c[ass mait
----------------� ��------------------------
10 to each county which would be affected bY fhe appeat.
11 Sec. 10. Hinnesota Statutes 1976, Chapter 270, is
12 amended by adding a sectfon to [ead:
13 (270.891 IAPPLICA81L1TY DF ❑TF.'ER PR�YISIUNS.I Section
14 297A.25, subdivision 1, ctause f�l shalt renaFn appticable
15 to railroad companies subject to this act.
-°---------------°-------------------- -
I6 3ec. lI. Minnesota StaYutes 1978, thapter 429r is
17 a_mended by adding a section to read:
18 �429.D221 [SPECIkL ASSESSkENTS: RAIEROd� OPERATING
19 PROPERTY.1 Whenever a railroad cor�pany's r€�ght-of-Na.y,
20 street or railroad properties owned or operated for raitway
21 purposes shalt be included uithin any assessment for tocal
22 improvevent, such property shat[ 6e assessed on[y ii. and
23 to the extent that, it Hitt 6enefit from {he proposed
-----------------------------------------------
24 improvements. 3n detormining Hhether or not the
25 right-of-way, streei or railroad properfies benefit from
26 the proposed inprovement, its use {or raituay purposes
27 shall be presumed permanent. If the raitroad right-oi-uay
28 is Lhereaiter sold or otherv+ise converted to a primary use
---------- --------- ---------------- ---------------
29 which 6enefits from the improvement, then the property wflF
30 be assessed for its tair share of the inprovement. ^ --
-�---------------------�--------------------
31 Sec. 12. Minnesota Statutes 1978. Sections 295.01,
32
33
Subdivisions 2 and 3; 295.02; 295.03; 245.04; 295.05;
295.12; 295.I3; and Z95.I4 arc rc�ealed.
----------------------------------------
. 7
kG
2I
3
�
RESOLUTION N0. 1g79
A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT SONDS
IN pCCORDANCE WITH LAWS OF 1957, CHAPTER 385
BE IT RESOLVED By the Council of the City of Fridley, Anoka County, Minnesota,
xs follows:
ssC, 1. The toral estima[ed cose of Street Improvement Proiect No. ST. 1976-3
has been estimated at $93,000.00
SEC. 2. It is now estima�ed [ha[ the sinn of $65,000.00 is ourren[1y
nec;essary to provide financing of the projects above noted, and it is hereby
determined to be necessary to borrow said amount for the payment of obliKati.-ns
now incurred and fur expenses necessarily incurred in connection with the
construction of said improvement project.
SEC. 3. There is hereby creacea Street Improvement Project No. ST. 1976-3
which shall contain 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 ouc of
which sha11 be paid a11 amounts due and payable as costs or expenses inciden[
to or incurred in connection with the making of said improvement. �
SEC. 4. There is also hereby created StY'eet Improvement Project No. St. 1976-3
d P& I Account which
account in said fund may and shall be tenned as the P& I Fund, in�o which
shall be paid the proceeds of all special assessments levied against benefited .
property by reason of making of said impxovemen[s as we11 as all ocher 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, S. It is hereby determined that [!ie sum of shall be borrowed
to finance said Street Improvement Project No, ST, 1976-3
with respect to cost of construction and expenses necessarily incurred relative
thereto to this datc, by the issuance of �emporary improvemenC bonds of the
Ci.r.y of Eridle as authorized in MinnesoCa SCaCuCes, SLC. 429.01, SuUdivi3ion 3,
as amended by Laws 1957, Chapter 385.
SEC. 6. Said Uonds shall be payuUle from the P& I Fund of the following:
Street Improvement Project No. ST. 1976-3 but
the City Surther 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 i,mprovement 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 $tY'eet ImproVement
ProjeCt No. ST. 1976-3 or out of other Municipal
funds cahich 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 Project No. ST. 1976-3
and to levy ad valorem taxes, if necessary, to
produce simms at ].east 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 tune when said imprw ement projects have been completed
or the total cost thereof has been determined,
SECo 8. Said temporary improvement bonds in the amount of �65,000.00
be denoroinated Street Improvement Project No. ST. 1976-3 Bond Series "A" �
shall be thirteen (13)
shall
in number
and numhered from 1 to 13 inclusive, each in the denomination of �5,000.00
shall bear interest at the rate oL _ per annwn, payablc semi-annually on
�u�y and �anuary of each year und sha11 mature on Jdnuary 15, 19II2
�
shail be subject to redemption and pre-payment on any interest paymenL date, at par
3A
3B
and accrued interest, Not less than 30 days before the date specified for
redemption on said bonds, the City Treasurer shall mail notice of [he call
thereof to the holder, if known, said Treasurer shall maintain a record uf
the naznes 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 maiting
said notices. The principal and all interest on said bonds shall be payable
at Fridley Ciry Ha11, 6431 Universitv Avenue N.E Minneapolit Minnesota
55421,
SEC. 9. Said temporary improvement bonds sha11 be mimeographed and when so
mimeographed shall have attached thereeo an interesc coupon which boud and
coupon shall be substantiaily in the following Y.�rm:
(Fonn of Coupon)
No.
(Unless the hond described below is called for earlier redemption)
on the
day of
, 19 , chr
County, Minnesota, will pay to bearer at
Minneso[a, ihc ,wn of
money of the Uniced States of America for interest then due on its
DATED
CITY MANAGER MAYOR
of
dollars Lawful
SEC. 10. Said bonds and coupons attached shall be prepared under the direction
of the City Manager and shail be execu[ed on behalf of the City by the signa[ures
of the Mayor and Manager, and the corporate seal of the City shall be affixed
3C
thereto, and [he appurtenant interes[ coupon shall be miroeographed and au�hen�icated.
by the printed, engraved, lithographed, ur facsimile siqnatures uf said Mayur and
Manager, When said bonds have been executed and au[henticated they shall 6e
delivered by the Treasurer [o the purchaser thereof, upon payment of the purchase
price heretoFore agreed upon and accrued interest w date of delivery and said
purchaser Shall not be obliged to see [o the application thereof.
SEC. 11. The City Manager is hereby authorized and di.rected to fiLe a certified
copy of this resolution with County Auditor of Moka County, together with ;uch
other information as he shall require and to ob�ain from said County Auditur a
certificate that said bonds have been entered on this bond register.
SEC. 12. The bonds issued hereunder yhalL be payable for Street ImprOV2ment
Project No. ST. 1976-3 which is hereby created, The
Treasurer shail cause all monies received from the proce�ds oi said bonds, a11
monies appropria[ed and transferred from other tunds and all special assessments
for the improvements provided tha[ if any payment uf principal or interest sha11
become due when [here is not sufficient money iii said fund eo pay the same, the
Treasurer shall pay such principal or interest fzan the general fund of the City
and such fund shall be reinbursed for such advances ou[ of monie; to be credited
to said fund when said monies are collected. All proceeds for said bonds except
accrued inGerest shall be credited [o the fund and used to pay the cost of said
improvemenls.
SEC. 13. It is fur[her provided that should it appear at any time that the munies
crediT.ed to said fund and provided for the payment of principal or interest on the
bonds when the suros 6ecome due are not sufficient to pay the same, that the� the
City shall issue further definitive improvement bonds as authorized and provided
in accurdance with Minnesota Statutes, Sec. 429.091, Chapter 475, and [hat [he
process of said further definitive bonds shall be ffrst used to pay [he principal
and interest as is [hen due and to redeero the temporary bonds issued thereunder.
3D
SEC. 14, The City Council has de[ermined that no[ less than twenty percent (20%)
of the total cost of said improvements will he 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 tha[ any such assessments t�e 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 sha11 take such further proceedings as may be required by law
to prwide monies for the payment of principal and interest as the same fall due
on the boads issued hereunder and to provide for che 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 uf the amount
required to pay the principal of and the interest on said bonds when due 3nd
that no ad valorem tax levy is accordingly required.
SEC. 16. The officers of [he City and the County Auditor of Anoka County are
hereby authorized and directed to prepare and furnish to tiie purchaser of ,aid
bonds and to the a[torneys approving the legality of the issuance thereof,
certified copies of all proceedings and records reYating to said bonds and to
the financial affairs of said City, and such other affidavits, cerLificates and
information as may be required, to shou the fact, relating to the legality and
marketability of said bonds as the same appear from the books and records under
3F
CITY OF FRI�LEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
SUBJECT: TEMPORARY BONDS FOR ST. 1976-3 STREET IMPROVEMENT PROJECT
DATE: FEBRUARY 5, 1979
The ST. 1976-3 Street Improvement Project involved the improvement
at the intersection of Highway 65 and 53rd Avenue. The total expenses
to date are $57,473.16. The total estimated cost of the project is
$93,000.
No financing has been provided for this improvement up to this time.
The attached resolutions would authorize the issuance of $65,000 in
temporary bonds to finance the project. The temporary bonds will
be purchased by the City.
MCB:sh
Attachments
4
RESOLUTIOIV N0. 1979
A RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEP4ENT
BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385
BE IT RESOLVED By the City Council of the City of Fridley, Anoka County, Minnesota,
as follows:
THAT WHEREAS It has heretofore been determined by this Council to issue temporary
improvement bonds in order to provide the necessary funds for the construction
and payment of expenses relative to the following improvement projects to-wit:
Street Improvement Project No. ST. 1976-3
as per plans and specifications approved by the Citv Council: and
WHEREAS It has been determined that there is at the present time an amount in
excess of
Investment Fund
in the following fund, to-wit:
which sum will not be required for other purposes prior to Januar�l5, 1982
IT IS THEREFORE Determined to be in the interest of the City of Fridley that the
sum of
BE IfJVESTED As authorized by law and in accordance therewith it is hereby determined
to purchase the sum of of the aforementioned Street
Improvement Project No. ST. 1976-3
--- —�_ issued
under date of January 15, 1979
UPON Their initial issuance in accordance with the provisions of Minnesota Statutes,
Sec. 429.091, 471.56 and 475.66, out of funds of the Investment Fund
and on behalf of said fund at par and accrued interest �
as of the date of delivery of said bonds and completion of such sale; it being
further determined to be reasonable and advantageous to the Investment Fund
--- .___ to invest in said temporary improvement bonds
and to be reasonable and advantageous to the City to sell said temporary improvement
bonds to the Investment Fund
---•_ .-•_-__.______,__ in accordance with provisions of this resolution.
SEC. 1. The City Manager and Treasurer are hereby authoriaed and directed
to take any and all steps necessary to effect the provisions of the aforegoing
resolutions and to make such transfer of funds as may be necessary from time
to time to give effect to the provisions hereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY , �g79,
ATTEST:
I Y CLERK - Marvrn C. Brunsell
MAYOR - i iam . ee
CITY MANAGER - Nasim M. Qureshi
4A
RESOLUTION N0. 7g79
5
A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS
IN ACCORDANCE WITH LAWS OF 1957, CNAPTER 385
BE IT RESOLVED By the Council of the City of Fridley, Anoka County, Minneso[a,
xs follows;
SEC. L. The coraL eseimated cosc of Street ImproVement Project No. ST. 1975-4
has been estimated at $lOQn00Q,00
SEC. 2. It is now estimaced that the s� uE $lOQ,00Q.Q0 is .:urren[1y
necessary to provide financing of the projects above noted, and i� i.s hereby
determined to be necessary to borrow said amount for the payment uf obligations
now incurred and Lor expenses necessarily incurred in connection with the
eonstruction of said improvement project.
SEC. 3. There is liereby created Street Imnrovement Proiect No. ST. 1975-4
1 contain a construction accoun[
as part thereof into which shall be paid all proceeds of temporary bonds issued
pursuant to this resolution and similary subsequent resolutions, and uu[ of
which sha11 be paid all amounts due and payable as costs or expenses inciden[
to or incurred in connection with the making of said improvemen[.
SEC. 4. There is also hereby created 5treet ImpY'oVement PrO,lect N0. ST, 1975-4
d P & I Account
account in said fund may and shall be termed as the P& I Fund, in�o wliich
shall be paid the proceeds of all special assessments levied against benefited
property by reason of making of said improvemen[s 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. S. It is hereby determined chat ttie suco of $100,000.00 shall be borrowed
co finance said Street Improvement Project No, ST. 1975-4
wi[h respect Lo cost of construction and expenses necessarily incurred relative
thereto to tliis date, by the i..^,auuncc of. Ccmporary improvement bonds of Llie 5 A
City of rridlcY as auCliorized 9.n Minnesota StatuCes, SGC. 429.01, SuUdivision 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 Project No. ST, 1975-4 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 thae 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 availaUle in the P& I. Fund of Street
Improvement Project No. ST. 1975-4 or out of other Municipal
Eunds 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 Project No, $T. 1975-4
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 ti.me when said improvement projects have been completed
or the total cost thereof has been detexmined.
SEC, 8. Said temporary improvement bonds in the amount of �100,000,OQ shall
be denominated Street Improvement Project No, ST, 1975-4 6ond Series "A" �
shall be tWent_y (20) in nwnber
and munUered irom 1 to 20 inclusive, each in the denomination of �5,000.ao
shall Ucar interest at rhe raCe of 7% per annum, payable semi-annuully on
July and Janudry of each year and shall mature on JanudY'y 15, 1982 �
shall be suUject to redemption nncl pre-paymen[ on any interest paymenr. date, at pnr
5S
and accrued interest. Not less [han 30 days before the date specified for
redemption on said bonds, the City Treasurer shall mail notice of the call
thereof [o 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 maiting
said notices. The principal and all incerest on said bonds shall be payable
at Fridley City Hall, 6431 Universitv Avenue, N.E., Minneapolis Minnesota
55421.
SEC. 9. Said temporary improvement bonds shall be mimeographed and when so
mimeographed shall have attached thereto an interesc coupon which hond and
coupon shall be substantially in the following Y.�rm:
(Form of Coupon)
No.
{Unless the bond described below is called for earlier redemption)
on the day of , 19 ,�h�� of
County, Minnesota, will pay to bearer at
Minnesota, ihe ,�n of
money of the Uniced States of America for interes[ then due on its
DATED
IMM`�451`[:T1�f:i
MAYOR
dollars Lawful
SEC. 10. Said bonds and coupons attached shall be prepared under the direction
of the City Manager and shall be executed on behalf of thc CiCy by the signatures
of the Mayor and Manager, and the corporate seal of the City shall be affixed
5C
thereto, and the appurtenant in[erest coupon shdll be mimeographed and ,iutheniicaced,
by the printed, engraved, lithographed, or facsimile signatures uf said Mayur and
Manager, When said bonds have been executed and authentica�ed ihey sha11 be
delivered by the Treasurer to the purchaser [hereof, upon payment of the purchase
price heretofore agreed upon and accrued interest � date of delivery and said
purchaser shall not be obliged to see to the application thereof.
SEC, 11. The City Manager is here6y authorized and directed co file a eertified
copy of this resolution with County Auditor of Anoka Councy, together wi[h yuch
other information as he shall requirc and to ob�ain from said County Auditur a
certificate that said bonds have been eniered on this bond register.
SEC. 12. The bonds issued hereunder yhall be pxyabJe for $treet ImprOVement
Project No. ST. 1975-4
which is hereby created. The
Treasurer shall cause all monies received from the proce�ds ot said bonds, all
monies appropriated and [ransferred from other funds and all special assessments
for the improvementti provided that 3f any payment uf principal or interest shall
become due when there is not sufficient money in said fund to pay the same, the
Treasurer shali pay such principal or interest fr�an Che general fund of the Ci[y
and such fund sha11 be reimbursed for such advance� out of monie� to be credited
to said fund when said roonies are collected. All proceeds for said bonds except
accrued in[erest shall be credited to [he fund and used to pay �he cost of said
improvements.
SEC. 13. It is further provided that shuuLd it appear at any time that the monies
credited to said fund and provided Lor Che 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 Uonds as authorized and provided
in accurdance with Minnesota Statutes, Sec. 429.091, Chapter 475, and that the
process ot said further definitive bonds shall be first used to pay [he principal
and interest as is then due and Lo redeem [he temporary bonds issued thereundcr.
5D
SEC. 14, The City Council has determined chat not less than twenty peroent (2 �/,)
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 suc6 assessments l�e at any time
held invalid with respect to any lot, piece or parcel of 1and, 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 prw ide monies for the payment of principal and interest as the same fall due
on the bonds issued hereunder and to provide far 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 ,aid
bonds and to the attorneys approvinK 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
iaformation as may 6e required, to shoq che fac[s relating to the legality and
marketability of said bonds as the same appear from the books and records under
5F
CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL
FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN, DIR.
SUBJECT: TEMPORARY BONDS FOR ST. 1975-4 STREET IMPROVEMENT PROJECT
DATE: FEBRUARY 5, 1974
The ST. 1975-4 Street Improvement Project involved the improvement
at the intersections of Highway 57 and Osborne Road, and also
Highway 47 and Mississippi Street, The total spent on this improvement
to date is $62,233.85. No financinq has been provided to date for the
project.
It is estimated that the improvement will cost approximately $100,000,
The attached resolutions would authorize the issuance of $100,000 in
temporary bonds. The City will purchase these temporary bonds.
MCB:sh
Attachments
�
RESOLUTIOff N0. 1979
A RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEP�ENT
BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385
BE IT RESOLVED 6y the City Council of the City of Fridley, Anoka County, Minnesota,
as follows:
THAT WHEREAS It has heretofore been determined by this Council to issue teinporary •
improvement bonds in order to provide the necessary funds for the construction
and payment of expenses relative to the following improvement projects to-wit:
Street Improvement Project No. ST. 1975-4
as per plans and specifications approved b.y the Cit Council: and
WHEREAS It has been determined that there is at the present time an amount in
excess of $100,000.00 in the following fund, to-wit:
Investment Fund
which sum wi11 not be required for other purposes prior to �anuary 15, 1982
IT IS THEREFORE Determined to be in the interest of the City of Fridley that the
sum of $100,000.00 of the Investment Fund
BE INVESTED As authorized by law and in accordance therewith it is hereby determined
to purchase the sum of $100,000.00 of the aforementioned Street
Improvement Project No. ST. 1975-4 ` ^
— — —__ issued
under date of January 15, 1979 �
UPON Their initial issuance in accordance with the provisions of Minnesota Statutes,
Sec. 429.041, 471,56 and 475.66, out of funds of the Investment Fund
and on behalf of said �fund at par and accrued interest
as of the date of delivery of said bonds and completion of such sale; it being
further determined to be reasonable and advantageous to the Investment Fund
—�_ _______ to invest in said temporary improvement bonds
and to be reasonable and advantageous to the City to sell said temporary impruvement
bonds to the Investment Fund
--_.-........_______.____._____ in accordance with provisions of this.resolirtion.
SEC. 1. The City Manager and Treasurer are hereby authorized and directed
to take any and all steps necessary to effect the provisions of the aforegoing
resolutions and to make such transfer of funds as may be necessary from time
to time to give effect to the provisions hereof.
PASSED AND ADOPTED BY THE CITY COUNCII OF THE CITY OF FRIDLEY THIS
DAY 1979.
>
MAYOR - i iam , e�� —
CITY MANAGER - Nasim M. Qureshi --
ATTEST:
Y CLERK- Marvin C. Brunsell —
6A
STATEMENT
SMITH,JUSTER,FEIKEMA,MALMON & HASKVITZ
ATTORNEVS AT LAW
12506UILDERS EXCHANGE BLDG.
MIfYNEAPOLIS, MINNESOTA 55402
339-1461
SUBURBAN OFFICE
FRIOLEY
rCity of Fridley �
6431 University Avenue N. E.
Fridley, Minnesota 55432
Attention: Mr. Nasim Qureshi,
L City Manager J
CJNP�e„sE aE,�a„ ,„„ Poa.,o..�.., .o„w .,,,,.Ex�
DATE �
• • � BALANCE.
FORWARDEDFROM LASTSTATEMENT
2-08-79 For legal services rendered as Prosecutor for
the City of Fridley during January, 1979,
Representation of City of Fridley in 81 pre jury
trial conferences and 26 court trials. (382 hours),
Processing complaints including citizen inquiries
and preparation of 41 formal criminal complaints
, (14 hours),
' Total Time - (54z hours),
January, 1979 Retainer - $1,300.00
Time in excess of 30 hours $�.300.00
(242 hours). 980.00
$2,280.00
SMITH, JUSTER, FEIKEMA, MqLMON & HASKVITZ
errowrvevs wr uw
e
—�
.,
GMl�RLES R. W[4vER
NERM�N I,TAILE
VIRGIL C. HERRICR
ROBERt MUNµS
Wll{.IAM It, QOOORICH
OOU6Lw9 E. KLiNT
City of Fridley
_Se,�uu"-Y
�er Retainer
�AW OiFICEi
WEAVER, TALLE fx HERRICK
February 6, 1979
Council Meetings
Staff Meetings
Conference with Staff
Memos and Legal Research
Tree Trimmers License �st
Seating of Councilman-� Ward
Shopping Center Lease
Liability of City Inspectors
Claim to U.S. Govt. re Damage
to Fire Equipment
License Bond Requirement-
Rehah. Program
Citizens Inquiries
7-1/4 hours
2 hours
8 hours
14 hours
2 hours
33-1/4 hours
tiours in excess of 30 @$40.00 per hour
COURT MATTERS:
Wellan v. Brunsell
Letter to Judge; Correspondence with attomeys;
Revier of Findings of FacY, and Judgment:
Rhinehart v. Fridlev
Answers to Interrogatoxies; Preparation and
Filing Note of Issue:
Fridley v. Coon Rapids Chrvsler
Review of Claim; Legal Research, Correspondence with
defendants insurance company; Preparation of Su�ons
and Complaint; Conference with City's insurance
company; Review of Investigation:
Fridley v. Green Tree Agencv
Review of File; Preparation of Suiwnons and Complaint;
Discussion with Staff and defendants insurance company:
Osieczanelc v. Talbot and Ilill
Review file; Conference with Hill; Preparation of Answer;
Telephone Discussions with attorneys for otlier defendants:
31B EA4T MqIN STREET
ANOKA,MINNESO�TA 55303
C21-5413
62�9 UNWERS�TY AvENUE N.E,
FRIDLEY,MINNESOTA 55432
6>I-3B50
INVOIGE N0. 6690
$1,300.00
130.00
150.00
100.00
300.00
250.00
225.00
:i,