Res 1963-27 RESOLUTION NO. 26-1963
RESOLUTION RELATING TO LEGISLATION FOR MUNICIPAL LIQUOR STORES
WHEMS, there has been considerable discussion about the operation of
Municipal On-Sale Liquor Stores, and
WHEREAS, it appears that construction of restaurants, motels, and hotels,
has been curtailed in municipalities operating Municipal Liquor Stores, and
111 WHEREAS, it appears that operation of Off-Sale Stores by municipalities
is a much more proper function than operation of On-Sale Stores by a munici-
pality, and
WHEREAS, it appears to be in the interest of the City of Fridley to have
the option to grant On-Sale licenses while retaining operation of its
Off-Sale Stores,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley:
1. That the Council of the City of Fridley suggest that the Legislature
provide in some manner that municipalities presently operating
Municipal Liquor Stores may have the option to grant private On-Sale
licenses while retaining Municipal Off-Sale Stores.
2. That the Council of the City of Fridley- would support such a bill
and urges its introduction and passage.
3. That the City- Clerk is hereby directed to forward two certified
copies of this Resolution to Representatives Nordin and Burchett;
and Senator Holum.
PASSED AND ADOPTED THIS 18th DAY OF FEBRUARY, 1963 BY THE CITY COUNCIL OF THE
CITY OF FRIDLEY.
MA - 11i ee
ATTEST:
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511 - ary . :ranee 1
RESOLUTION NO. 27-1963
A RESOLUTION DIRECTIN 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 Storm Sewer Improvement Project No.53
has been estimated at $75,000.00.
SEC. 2. It is now estimated that the sum of $75,000.00 is currently nec-
essary to provide financing of the projects above noted, and it is
hereby determined to be necessary to borrow said amount for the pay-
ment of obligations now incurred and for expenses necessarily incurred
in connection with the construction of said improvement projects.
SPEC. 3. There is hereby created Storm Sewer Improvement #53 Fund (temporary)
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 similar 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 im-
provement.
SEC. L . There is also hereby created Storm Sewer Improvement #53 Fund
(temporary) a Sinking Fund Account, which account in said Fund may
and shall be termed as the Sinking Fund, into which shall be paid the
proceeds of all special assessments levied against benefited property
by reason of the 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.
20
Resolution No. 27-1963 (contt)
SEC. 5. It is hereby determined that the sum of $75,000.00 shall be borrowed
to finance said Storm Sewer Improvement Project #53, 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, See.429.01,
Subdivision 3, as amended by laws 1957, Chapter 385.
SEC. 6. Said bonds shall be payable from the Sinking Fund of the following:
Storm Sewer Improvement #53 Fund, but the City further recognize 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 improve-
ment bonds to the extent that the same cannot be paid out of funds
available in the Sinking Fund of Storm Sewer Improvement #53 Fund
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 bene-
fited property by reason of the making of Storm Sewer Improvement #53
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 $75,000.00 shall
be denominated Storm Sewer Improvement Project #53 Bond Series "A"
(temporary) shall be fifteen (15) in number and numbered from one
to fifteen inclusive, each in the denomination of $5,000.00, shall
bear interest at the rate of 5% per annum, payable semi-annually on
January 15th and July 15th of each year and shall mature on
January 15th, 1965, 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 of 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 21, Minnesota.
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 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
Manager Mayor
21
Resolution No. 27-1963 (contt)
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 authenticated, by the printed, en-
graved, 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 accured
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 cer-
tified 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 from Storm Sewer Imp-
rovement #53 Fund which is hereby created. The Treasurer shall
cause all monies received from the proceeds of said bonds, all monies
appropriated and transferred from other fund and all special assess-
ments for the improvements provided that if any payment of principal
of 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 prin-
cipal 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. lx. The City Council has determined that not less than eighty- per
cent (80%) of the total cost of said improvements will be paid by
special assessments to be levied against every lot, piece or par-
cel 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 assess-
ments 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 (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.
22
Resolution No. 27-1963 (con't)
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 legal-
ity 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 theircontrol or as otherwise known to them, and such
certificates, certified copies and affidavits, including any here-
tofore furnished, shall be deemed representations of the City as to
the correctness of all statements contained therein.
PASSED BY THE CITY- COUNCIL THIS 18th DAY OF FEBRUARY, 1963
,YOR
MANAGER
ATTEST:
RESOLUTION NO. 28-1963
A RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BOND
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 wits Storm Sewer Improvement Project #53 as per plans and
specifications approved by the City Council; and
WHEREAS it has been determined that there is at the present time an
amount in excess of $75,000.00 in the following fund, to wit: Regular
Special Assessment Fund - Sinking Accounts which sum will not be required
for other purposes prior to January 15, 1965.
IT IS THEREFORE determined to be in the interest of the City of Fridley
that the sum of $75,000.00 of Regular Special Assessment Fund (Sinking
Account)
BE INVESTED as authorized by law and in accordance therewith it is
hereby determined to purchase the sum of $75,000.00 of the aforementioned
Storm Sewer Improvement Project #53 Bonds (Series "A") temporary issued
under date of January 15, 1963.
UPON their initial issuance in accordance with the provisions of
Minnesota Statutes, Sec. 429.091, 471.56 and 475.66, out of the funds in
Regular Special Assessment Fund (Sinking Account) 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 Sinking Account of the Regular Special Assessment Fund to
invest in said temporary improvement bonds and to be reasonable and advan-
tageous to the City to sell said temporary improvement bond to the Sinking
Account of the Special Assessment Fund, in accordance with the provisions
of this resolution.
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 COUNCIL OF FBIDLEItTHIS 18t DAY OF�FEBRUARY,1963
Mayor..
ty erk Manager yL14.) ,„,„,