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RES 1965-67 - 0001134792 RESOLUTION NO. 67 -1965 RESOLUTION AWARDING SALE OF $715,000 SPECIAL ASSESSMENT FUND BONDS FIXING FORM AND SFECIFICATIONS THEREFOR, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the Council of the City of Fridley, Minnesota, as follows: 1. The bid of John Nuveen and Company, of Chicago, Illinois, and , associates, to purchase $715,000 Special Assessment Fund Bonds of 1965 is hereby found and determined to be the best bid rec- eived and shall be and is hereby accepted, said bid being to purchase said bonds bearing interest as follows: 3.20% on bonds maturing in the years 1966 through 1975; 3.30% on bonds maturing in the years 1976 through 1978; 3.40% on bonds maturing in the years 1979 through 1981; 3.50% on bonds maturing in the years 1982 through 1986; plus additional interest at the rate of 1.30% per annum on all bonds from August 1, 1965, to February 1, 1966. at a price of par. 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 Clerk is directed to return the checks of unseccessful bidders forthwith. 2. The City of Fridley shall forthwith issue its negotiable coupon Special Assessment Fund Bonds of 1965 in the principal amount of $715,000, said bonds to be dated May 1, 1965, to he 143 in num- ber and numbered 1 to 143, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, payable August 1, 1965, and semiannually thereafter on February 1 and August 1 ' in each year, and maturing serially on February 1st in the years and amounts as follo*..rs: $50,000 in 1966 to 1971, both inclusive; $30,000 in 1972 to 1980, both inclusive; $25,000 in 1961 to 19d5, both inclusive; and $20,000 in 1966, all bonds maturing after February 1, 1977, being subject to redemption at the option of the City, in inverse numerical order, on said date or any interest payment date thereafter at par and accrued interest and a premium of V*. 3. Both principal of and interest on said bonds shall be payable at the Fidelity Bank a d Trust Company, in Minneapolis, Minnesota, as designated by the successful bidder and the City shall pay the reasonable charges of said bank for its services as paying agent. 4. The bonds and the interest coupons to be thereto attached shall be in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY SPECIAL ASSESSMENT FUND BOND OF 1965 KNOW ALL MEN BY THESE PR!�,SENTS That the City of Fridley, Anoka ' County, Minnesota, acknowledges itself to be indebted aid, for value received, hereby promises to pay to bearer, from its Special Assessm- ent Fund, on the ist day of February, 19 , the swn of FIVE THOUSAND DOLLARS and to pay interest th;r eon from the date hereof until the principal amount is paid at the rate of per cent ( %) per annum, and the City promises to pay additional interest on said principal sum from August 1, 1965, to February 1, 1966, at the rate of ore and thirty hundredths per cent (1.30k) per ann;:m, interest to maturity payable August 1, 1965, end semiannually thereafter on the 1st day of February and the 1st day of August in each year, in accord- ance with and upon presentation and surrender of the interest coupons con't. 1 RESOLUTION N0. 67 -1965 CON'T. hereto attached as they severally become due. Both principal and interest are payable at the Fidelity Bank and Trust Company, in Minneapolis, Minnesota, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. 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 irrev- ocably pledged. All bonds of this issue maturing after February 1, 1977, are subject to redemption on said date and any interest payment date thereafter, in inverse numerical order, at par and accrued interest and a premium of 114. Thirty days prior notice of redemption will be given by mail to the bank where the bonds are payable and to the last known holder. Holders desiring to receive such notice must register their names, addresses and bond numbers with the City Clerk. This bond is one of ar issue of $715,000 principal amount, all of like dare and tenor except as to maturity, irterest rate and pro- vision for redemption, all issued by the city for the purpose of pro- viding money to defray the expense incurred or to be incurred in making local improvements in anticipation of the collection of Speci- al Assessments as aathorized by Section 7.12 (d) of the Nome Rule Charter of the city, and is payable primarily from special assessments levied against specially berefited property, but the full faith and credit of the city is pledged for its payment. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required by the Constitution and laws of the State of Minnesota and Charter of said city, to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond have beer done, have happened, to exist and have been performed in regular an d due form, time and manner as so required; that the full faith and credit of the city is pledged for the payment of the principal of and inte- rest on the bonds of this issue when the moneys on hand in the appro- priate fund are insufficient for the purpose and taxes shall be levied upon all taxable property, if needed, to take care of any def- iciency, without limitation as to rate or amount and thet the issuance of this bond did not cause the indebtedness of the city to exceed any constitutional, statutory or charter limitation thereon. IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and manual signature of its City Manager, and a facsimile of its corporate seal to be printed hereon, and has caused the attached interest coupons to be executed and authen- tically by the facsimile signatures of said officers, all as of May 12 1965. (facsimile signature) MAYOR City Manager (facsimile seal) (Form of Coupon) NO. On the first day of February (August), 19 , the City of Fridley, Anoka County, Minnesota, will pay to bearer, out of its Special Assessm- ent Fund, at the Fidelity Bank a d Trust Company, in Minneapolis, Minn- esota., the amount shown hereon for interest then due on its Special Assessment Fund Bond of 1965, dated N1ay i, 1975, No. (facsimile signature) ity Manager (facsimile signature) MAYOR. Cont. 931r RESOLUTION NO. 67 -1965 Cont. 5. The city has agreed to furnish the approving legal opinion of Messrs. Howard, Petersen, LeFevere, Lefler and Hamilton to the purchasers, and such opinion is hereby requested. The clerk is authorized and directed to cause a copy of such opinion to be printed on each bond, toE;ether with the clerk's certificate in substantially the following form: I, the undersigned, Clerk of the City of Fridley, Minnesota, hereby certify that except for the dating thereon, the above is a. full, true and correct copy of the legal opinion of Messrs. Howard, Peterson, LeFever, Lefler and Hamilton of Minneapolis, Minnesota, which was delivered to me prior to the delivery of this bond and is on file in my office. (facsimile signature) City Clerk City of Fridley, Minnesota The clerk shall al so execute a separate certificate at time of delivery showing fact and date of receipt of such oni.rion. 6. The bonds shall be prepared under the direction of the city clerk and shall be executed on behalf of the city by the facsimile signature of the mayor and manual signature of the city manager, and a facsimile of the corporate seal of the city shall be aff- ixed to each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said officers. When the bonds have been so executed, 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 application thereof. 7. The bonds issued hereunder shall be payable from the Special Assessment Fund, provided that if any payment of principal or interest shall become due when there is not sufficient money in said fund to nay the same, the treasurer shall pay such prin- cipal or interest from the general fund of the city and such fund shall be reimbursed for ark, advances out of proceeds of assessments or special taxes when collected. 6. It is.hereby determined that the estimated collections of spec- ial assessments which will be available for the payment of said bonds will produce at least five percent in excess of the amounts needed to meet when due the principal and interest paymerts on the bonds and no ad valorem taes are required at this time. 9. The City Clerk shall deliver to the county auditor of Anoka County a certified copy of this resolution and obtain his cer- tificate in accordance with Section 475.63, Minnesota Statutes. 10. It is hereby determined that the improvements which are financed by the issuance of bonds hereunder will benefit the entire city and the city hereby covenants with the holders from time to time of said bonds as follows: (a) The city will cause the assessments for all improvements to be promptly levied so that the first installment will become collectible not later than 1966 and will take all steps necessary to assure prompt collection. (b) The city will keep complete and accurate books and records showing all receipts and disbursements in connection with said improvements, the assessments levied therefor and other funds appropriated for their payment, aid all collections thereof and disbursements therefrom, moneys on hard and balance of unpaid assessments. (c) The city will cause its said books and records to be audited at least annually by qualified public acc- ourtants and will furnish copies of such audit reports to any interested person upon request. Cont. �7 RESOLUTION N0. 67 -1965 Conit. 11. The clerk and treasurer of the city are hereby aithorized and directed to prepare and furnish to the purchaser of the bonds and to the attorneys approving the same, certified copies of all proceedings and records of the city relating to said bonds and to the financial condition and affairs of the Special Assessment Fund and such certificates, affidavits and trans- cripts as may be required to snow the facts within their know- ledge or as shown by the books and records in their custody or under their control relating to the validity and marketability of bonds and sucn instruments, including any heretofore furrisaedy shall be deemed representations of the city as to the facts stated therein. 12. This resolution shall be published by title in full in.the official newspaper but shall take effect upon passage.. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF MAY, 1965. ATTEST: CITY CLERK - Yarvin C. i3runseil V V MAYCB - Ydilliam J Nee M 9