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RES 1966-108 - 000111241 RESOLUTION NO. 108 - 1966 A RESOLUTION REGARDING THE USE OF MUNICIPAL BUILDINGS AND PROPERTY BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: that the use of the Fridley City Hall and the Locke Park Shelter shall be by reservation. that those organizations desiring to use the City Hall an a regular or frequent basis shall make such fact known to the Council. Following Council approval, those organizations may make specific reservations through the City administration. Groups that have not obtained prior approval shall address their request to the Council at least one month prior to the date of use. that the use of any City equipment by anyone other than an employee of the City in discharge of his official duties or a person specifically authorized to use such property for City purposes is prohibited. that the City administration is directed to make available to private persons or groups copies of all public documents. The administration shall charge an amount sufficient to compensate the City for the cost of all such reproduction over 50¢. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST DAY OF AUGUST, 1966. ATTEST: C CITY CLERK%- Marvin C. Brunsell MAYOR -Jack 0. (irkham 139 140 RESOLUTION NO. 109 - 1966 A RESOLUTION DIRECTING 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: Section 1 The total estimated cost of Street Improvement Project 1966 -1 has been estimated in excess of $225,000.00. Section 2 It is now estimated that the sum of $220,000.00 is currently necessary to provide financing of the projects above noted, and it is hereby determined to be necessary to borrow said amount for the payment of obligations now incurred and for expenses necessarily incurred in connection with the constr- uction of said improvement projects. Section 3 There is hereby created Street Improvement #1966*1 Fund (temporary) which shall contain a construction account as a part thereof into which shall be paid all proceeds of temp- orary 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 improvement. Section 4 There is also hereby created in Street Improvement #1966 -1 Fund (temporary) a Sinking Fund Acc*unt, which account in said fund may and shall be termed as the Sinking Fund, into which fund 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. Section 5. It is hereby determined that the sum of $220,000.00 shall be borrowed to finance said Street Improvement Project #1966 -1 with respect to costs of construction and expenses necessarily incurred relative thereto to this date, by the issuance of temporary improvement bonds of the City of Fridley as author- ized in Minnesota Statutes, Sec. 129.091, Subdivision 3. Section 6 Said bonds shall be payable from the Sinking Fund of the following: Street Improvement Project #1966 -1 Fund but the City further recognizes 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 temp - orary improvement bonds, at or prior to the maturity thereof that it will pay and retire such bonds and the interest there- on out of the proceeds of definitive improvement bonds which the Council shall issue and sell at or prior to the maturity of the temporary improvement bonds, to the extent that the same cannot be paid out of funds available in the Sinking Rund of Street Improvement #1966 -1 Fund or out of other muni- cipal'funds which are properly available and are arpropriated by the Council for such purpose. Section 7 It is hereby determined to levy special assessments against benefited property by reason of the making of Street Improve- ment Project #1966 -1 and to levy ad valorem taxes. if necess- ary, 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 definite 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 deter- mined. L -� t 141 RESOLUTION NO. 109 - 1966 Continued Section 8 Said temporary improvement bonds in the amount of $220,000.00 shall be denominated Street improvement Project #1966 -1 Bond Series "A" (temporary) shall be twenty -two (22) in number and numbered from 1 to 22 inclusive, each in the denomination of $10,000.00, 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 July 15, 1969, 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, 6231 University Avenue N.E. Minneapolis 21, Minnesota. Section 9 Said temporary improvement bonds shall have attached thereto an interest coupon which Bond and Coupon shall be substantially in the following form: (Form of Coupon) Noe $ (unless the bond described below is called for earlier redemption) On the day of , 19 , the of , Minnesota, the sum of DOLLARS lawful money of the United States of America for Interest then due on its Dated Manager Mayor Section 10 Said bonds and coupons attached shall be prepared under the dir- ection 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 br mimeographed and authenticated, by the printed, engraved, lithographed, or facsimile signatures of said Mayor and Manager. When said bonds have been executed and authen- ticated they shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon and accrued interest to date of delivery and said purchaser shall not be obliged to see to the application thereof. Section 11 The City Manager is hereby authorized and directed to file a certified copy of this resolution with the 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 his bond register. is "1 Section 12 The bonds issued hereunder shall be payable from Street Improvement #1966 -1 Fund which is hereby created. The Treasurer shall cause all monies received from the process of said bonds, all monies appro- priated and transferred from other funds and all special assessments for the improvements 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 inter- est from the general fund of the City and such fund shall be reim- bursed 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. Section 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 a 142 RESOLUTION NO. 109 - 1966 Continued Section 13 Continued p principal or interest on the bonds when the sums become due are not sufficient to pay the same, that then the City shall issue further definitive improvement bonds as authorized and provided in accord - ance with Minnesota Statutes, Sec. 429.091, Chapter 475, and that the proceeds 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 hereunder. Section 14 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 parcel of land benefited by the said improvements. The City hereby covenants and agrees that it will do and perform, as soon as they can be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessments be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irr- egularity, or in any action or proceeding 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. Section 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 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. Section 16 The officers of the City and the County Auditor of Anoka County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceed- ings and records relating to said bonds and to the financial affairs of said City, and such other affidavits, certificates and inform- ation as may be required, to show the facts relating to the legal - ity and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and such certificates, certified copies and affidavits, including any heretofore furnished, shall be deemed representations of the City as to thecorrectness of all statements contained therein. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1ST DAY OF AUGUST, 1966. MAYOR c Jack 0. Kirkham ATTESTz CITY CLE Marvin C. Brunsell