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RES 1962-205 - 000126119 j !.e 2 5 The Treasurer is directed to retain the good faith check of the purchaser pending completion of the sale and delivery of the bonds, and the City Manager is directed to return the checks of unsuccessful bidders forthwith. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF DECEMBER, 1962. MAYOR T.E. Greig ATTEST: CITY -� a�n C. C unsel� RESOLUTION NO. 205-1962 RESOLUTION FIXING FORM AND SPECI?ICATIONS OF $990,000 IMPROVEMENT BONDS, DIRECTING THEIR EXECUTION AND DELI`,rERY AND PRO'"IDING FOR TiIE PAYI� -ENT THEREOF. BE IT RESOLVED, By the City Council of the City of Fridley, Minnesota, as follows: (1) The City of Fridley, Minnesota, shall forthwith issue its negotiable coupon, general obligation Improvement Bonds of 1963 in the principal amount of wC90,000, said bonds to be dated January 12 1963, to be 198 in number and numbered 1 through 198, both inclusive, in the denomination of $5,000 each, bearing interest as follows: 3.20% for bonds maturing in 3.50% For bonds maturing in 3.70", for bonds maturing in 3.80' for bonds maturing in plus additional interest at bonds from February 1, 1963 the years 1964 through 1970, Inc.; the years 1971 through 1974, Inc.; the y ars 1975 through 1977, Inc.; the years 1978 through 1983, Inc.; the rate of 2.20% per annum on all to July 11 1963; with interest payable July 1, 1963, and semiannually thereafter on January 1, and July 1 of each year, and maturing serially on January 1, in the years and amounts as follows: 1964 15,000 1974 509000 1965 30,000 1975 45,000 1966 80,000 1976 30,000 1967 80,000 1977 3(,000 1968 80,000 1978 30,000 1969 85,000 1979 30,000 1970 852000 1980 35,000 1971 60,000 1981 35,000 1972 601000 1982 35,000 1973 60,000 1983 35,000 with bonds maturing in the years 1975 through 1983 subject to redemption and prepayment at the City's option, in inverse numerical order, on January 1, 1974, or any interest payment date thereafter at a price of 102% of par, plus accrued interest. (2) Both principal of and interest on said bonds shall be payable at the Empire Trust Co., 20 Broad St -eet, New York 5, New York, and the City shall pay the reasonable charges of said bank for its services as paying agent and shall furnish the printed and executed bonds and un- qualified approving legal opinion of 14essrs. }Toward, Peterson, LeFevere, Iefler an4 Hamilton of Minnea -olis, Minnesota, without expense to the purchaser, w`ich opinion is hereby requested. The Clerk is hereby directed to cause a copy of the opinion, complete except as to dating thereof, to be printed on each bond together with a certificate executed by his Facsimile signature, in substantially the following form: "I, the undersigned, City Clerk of the City of Fridley, Minnesota, do hereby certify that the above, extent for dating thereof, is a full., true and correct copy of the legal opinion delivered to me prior to the deli -very of this bond and on file in my office. "' v At the time of bond delivery, the Clerk shall execute a certificate stating, in fact, that the legal opinion has been delivered to "Tim for filing in his office and that the facsimile signature on each of the bonds has been 226 adopted by him as his valid signature for purposes of certification. (3) The bonds and the interest coupons shall be in substan- tially the following form: UNITED STATES OF AMERICA STATE OF MINNLSOTA COMITY OF ANOKA CITY OF FRIDLf IMPROVENIENT BOND OF 1963 FIRST SERIES NO. 6. 5,000 KNOW ALL MEN BY THESE PRESENTS That the City of Fridley, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer, on the 1st day of January, the sum of FIVE 7'OUSAND DOLLARS, or if this bond is prepayable as stated below, then on a date prior thereto on which it shall have been duly called for redemption and prepayment, and to pay interest thereon from the date hereof until the principal amount is paid at the rate of per cent { 0) per annum to- gether with additional interest thereon from February 1, 1063, to July 1, 163, at the rate of two and twenty hundreths percent (2.20;) per annum, represented by a separate "L" coupon attached hereto, interest to maturity payable July 1, 1963, and semi- anruall.y thereafter on the 1st day of January and the 1st day of July in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest are payable at the Empire Trust Co., 20 Broad Street, tow York 5, New York, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private dabts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This bond is one of a series of 4990,000 principal amount, all of like date and tenor except as to serial number, maturity date, interest rate and redemption privilege, all issued by the City for the purpose of providin, funds to defray costs and expenditures incurred and to be incurred in the construction of various muni_cip_al improvements and is issued pursuant to and in full conformity w=th the Constitution and laws of the State of Minnesota thereunto enabling including Minnesota Statutes, Chapter 429 and pursuant to resolutions duly adopted by the City Council, and is payable primarily from Improvement Pond Fund of 1962, First Series, but the Council is required to nay the principal and interest hereof out of any funds in the treasury in the event money on hand in said fund is at any time insufficient to pay maturing principal and interest. Bonds of this issue bearing serial numbers 1 through 137 are payable on their respective maturity dates without option of prior payment, but bonds bearing serial numbers 138 through 198 (having stated maturity dates in the years 1975 through 1983) are each subject to redemption and prepayment at the option of the City, in inverse order of serial numbers, on January 1, 19i'4 , or any interest _payment date thereafter, at a price of par and accrued interest plus a premium of 5100.00 for each bond so redeemed. A-Ll _prepayments will be made on notice of call for redemption mailed by the City Treasurer not less than thirty days prior to the date specified for redemption to the bank at which principal and interest are then narable and to the holder thereof, if known. Holders of said prepayable bonds who desire to receive such notice of redemption must register their names, addresses and bond serial numbers with the City Treasurer. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of said Citv to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond, 'ave been done, have happened, do exist and have been performed in regular and due form, time and manner as so required; th:t Improvement Bond Fund of 1963, First Series, has been duly created and provision made for the support thereof by ad valorem taxes and special assess -ents h= retofore levied and to be levied for the ye=ars and in aggregate amounts not less than 5% in excess of sums su£ficlent to pay the principal hereof and interest hereon as they become due; and that additional ad valorem taxes, if needed, will L 227 be levied upon all taxable property in the City without limitation as to rate or amount, and that the issuance of this bond did not cause the indebtedness of the City, to exceed any constitutional or statutory or charter l- imitation thereon. IN WITNESS WRMEOF, the City of Fridley, Anoka County, Minnesota, by its City Council, has caused this band to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of its City hAnaGer, and its cor ^orate seal to be hereto affixed, and has caused the attached interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of January 1, 1963. — � MAYOR T.E. Greig CITY bjANAG7. - Earl P. agner (Form of Coupon) N0. On the first day of July, (January), 19__._, the City of Fridley, Anoka County, Minnesota, ,,ill nay to bearer at the Empire Trust Co., 20 Broad Street, New York 5, New York, the sum of D0' A?S for interest then due on its Improvement Bond crated January 1, 1963, No. /,� MA 0MA OY R CITY 11NAGER ' (Coupons numbered 23 and upward, attached to bonds numbered 138 to 198, being those bonds maturing in the years IP75 through 1W3, also include the phrase: "Unless the bond described below is called for earlier redemption ".) (Q) The bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Manager, and the corporate seal of the City shall be affixed to each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said officers. ',,hen the bonds have been executes, they shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price heretofore agreed upon, and the purchaser shall not be obligated to see to the proper applicat on thereof. (5) The bonds issued hereunder shall be payable from the Improve - ment bond Fund of 19630 First Series, account hereby created as part of the Special Assessment Fund of the City, provided that if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall pay such principal or interest from the general fund of the City and such fund shall be reimbursed for such advances out of uroceeds of assessments levied for said improvements and such ad valorem taxes as may be levied. ' (6) For the prompt and full payment of the principal and interest on said bonds as the same become due, the Hill faith, credit and taxing powers of the City are hereby irrevocably niedged. To provide money for the payment of such nrincipal and interest as the same become due, it is hereby determined that project costs have been or will be specially assessed against benefited properties as follows: 1. Eor. W34: Total to be assessed $775,000 Amount previously stated to be assessed A50,000 Balance 025,000 Less prepaid assessments 111,377 . Balance to be applied to this issue 7.1 23 228 Assessments collectible in 1964, 10 years $ 64,000 Assessments collectible in 1962, 10 ,years 149,623 2. For Street Improvements 10 year assessment starting 1964 $135,892 5 year assessment starting 1964 120,631 , Total assessments to be applied to payment of the issue $470,146 Said assessments shall bear 6% annual interest on the unpaid principal from year to year. The City hereby levies taxes in the y -gars and amounts as follows: Year Amount Year Amount 1963 w 1973 $ 59,400 1964 36,400 1974 41,900 1965 372200 1975 40,7'0 1966 38,100 1976 39,500 1967 44,200 1977 38,300 1968 69,000 1978 42,400 1969 42,000 1979 41,000 1970 41,900 1980 39,600 1971 56,800 1981 38,200 1972 452300 1982 - 1983 The collection of said taxes, together with the above described assess- ments will provide funds at least 5% in excess of amounts necessary to , pay maturing nrincioLl and interest on the bonds; provided, however, ti-at if money on hand in said fund is insufficient or will be insuffi- cient to pay such principal and interest, the Council shall levy such additional ad valorem taxes as may be r quired on all taxable property in the City without liritation as to rate or amount: provided further that the Council reserves the right to reduce said taxes in the manner and to the extent permitted by T ^innesota Statutes 1961, Section 05.61. (7) The Clerk is hereby authorized and directed to file with the County Auditor of Anoka County a certified copy of this resolut -on, together with such other information as the County Auditor may require, and toobtain From said County Auditor a certificate that said bonds have been entered upon his bond register. (8) The officers of the City and said County Auditor 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 conies of all proceedings and records of the City re- lating to said bonds and to the financial condit on and affairs of the City and such other affidavits, certificates and information as may be required, sh.owin9 the facts relating to the legality and marketability of said bonds as they appear from the books and r:cords under their cistodv and control or otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representat ons of the City as to the facts recited ' therein. PASSED AND ADOPTED THIS 17TH DAY OF DECENBFR, 1962, BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. ATTEST: qAA C K - '.Marvin C. ?Irunsell MAYO - T.E. Orei