HomeMy WebLinkAbout1985-024 Council Resolution565 -0
RESOLUTION #85 - 24
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA
HELD: OCTOBER 15, 1985
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Lino Lakes, Anoka
County, Minnesota, was duly called and held at City Hall in
said City on the 15th day of October, 1985, at 7 :00 o'clock
P.M. for the purpose of opening, considering bids for, and
awarding the sale of $1,850,000 General Obligation Temporary
Improvement Bonds, Series 1985A of the City.
The following members were present: W. Bohjanen,
D. Marier, V. Reinert & Mayor B. Benson
and the following were absent:
R. Kulaszewicz
The City Administrator presented affidavits showing
publication of notice of call for bids on $1,850,000 General
Obligation Temporary Improvement Bonds, Series 1985 of the
City, for which bids were to be received at this meeting, in
accordance with the resolution adopted by the City Council on
September 9, 1985. The affidavits were examined, found to
comply with the provisions of Minnesota Statutes, Chapter 475,
and were approved and ordered placed on file.
The Council proceeded to receive and open bids for
the sale of the Bonds. The following bids were received:
Bidder
Interest Rate Net Interest Cost
See Attached
SPRINGSTED
INCORPORATED
PUBLIC FINANCE
ADVISORS
$1,850,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1985
CITY OF LINO LAKES, MINNESOTA
AWARD: CRONIN & MARCOTTE, INCORPORATED
And Associates
SALE: October 15, 1985 Moody's Rating: A
Interest Net lnterest
Bidder Rates Price Cost & Rate
CRONIN & MARCOTTE, INCORPORATED 6.70% 1988 $1,831,500.00 $390,350.00
F & M Marquette National Bank (7.0333 %)
Kidder, Peabody & Company, Incorporated
THE FIRST NATIONAL BANK OF
SAINT PAUL
WFIRST NATIONAL BANK OF MINNEAPOLIS
t�IORWEST INVESTMENT SERVICES
6.75% 1988 $1,826,875.00 $397,750.00
(7.1666 %)
PIPER, JAFFRAY & HOPWOOD 7.00% 1988 $1,826,875.00 $411,625.00
INCORPORATED (7.4166 %)
PaineWebber Incorporated
Summit Investment Corporation
American National Bank & Trust Company
of Saint Paul
Moore, Juran and Company, Incorporated
MORGAN STANLEY & COMPANY, 7.50% 1988 $1 ,827,000.00 $439,250.00
(7.9144 %)
INCORPORATED
These Bonds are Being Reoffered at Par.
Average Maturity: 3 Years
BBI: 9.25%
800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241
250 North Sunnyslope Road, Brookfield, Wisconsin 53005 (414) 782 -8222
The Council then proceeded to consider and discuss
the bids, after which member Marier introduced
the following resolution and moved its adoption:
Resolution #85 -24
RESOLUTION ACCEPTING BID ON SALE OF
$1,850,000 GENERAL OBLIGATION TEMPORARY
IMPROVEMENT BONDS, SERIES 1985
AND PROVIDING FOR THEIR ISSUANCE
BE IT RESOLVED by the Council of the City of Lino Lakes,
Minnesota, as follows:
1. The bid of Cronin & Marcotte, Inc. (the "Purchaser ")
to purchase $1,850,000 General Obligation Temporary Improvement
Bonds, Series 1985 of the City (hereinafter referred to as
"Bonds" or individually as "Bond "), in accordance with the
notice of bond sale, at the rates of interest hereinafter set
forth, and to pay therefor the sum of $ 1,831,504 plus interest
accrued to settlement is hereby found, determined and declared
to be the most favorable bid received and is hereby accepted, .
and the Bonds are hereby awarded to said bidder. The City
Administrator is directed to retain the deposit of said bidder
and to forthwith return the good faith checks or drafts to the
unsuccessful bidders.
2. The Bonds shall be dated November 1, 1985, as the
date of original issue and shall be issued forthwith as fully
registered bonds. The Bonds shall be numbered from R -1 upward
in the denomination of $5,000 each or in any integral multiple
thereof. The Bonds shall mature on November 1, 1988.
3. The Bonds shall provide funds for the construc-
tion of various improvements (the "Improvements ") in the City.
The total cost of the Improvements, which shall include all
costs enumerated in Minnesota Statutes, Section 475.65, is
estimated to be at least equal to the amount of the Bonds
herein authorized. Work on the Improvements shall proceed with
due diligence to completion.
4. The Bonds shall bear interest payable semi-
annually on May 1 and November 1 of each year commencing May 1,
1986 at the rate of six and seventy hundreths percent
(6.70 %) per annum.
5. All Bonds of this issue shall be subject to
redemption and prepayment at the option of the City on November
1, 1987 or May 1, 1988 and on any interest payment date
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thereafter at par and accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If
redemption is in part, the specific Bonds to be prepaid shall
be chosen by lot by the Bond Registrar. Published notice of
redemption shall in each case be given in accordance with law,
and mailed notice of redemption shall be given to the paying
agent and to each registered holder of the Bonds.
To effect a partial redemption of Bonds having a com-
mon maturity date, the Bond Registrar prior to giving notice of
redemption, shall assign to each Bond having a common maturity
date a distinctive number for each $5,000 of the principal
amount of such Bond. The Bond Registrar shall then select by
lot, using such method of selection as it shall deem proper in
its discretion, numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the
principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal
amount of each such Bond of a denomination of more than $5,000
shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. If a Bond is to be redeemed
only in part, it shall be surrendered to the Bond Registrar
(with, if the City or the Bond Registrar so requires, a written
instrument of transfer in form satisfactory to the City and the
Bond Registrar duly executed by the holder thereof or his
attorney duly authorized in writing) and the City shall execute
and the Bond Registrar shall authenticate and deliver to the
holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and
interest rate and of any authorized denomination or
denominations, as requested by such holder, in aggregate
principal amount equal to and in exchange for the unredeemed
portion of the principal of the Bond so surrendered.
6. American National Bank and Trust Comnanv. in St. Paul,
Minnesota, is appointed to act as bond registrar and transfer
agent (the "Bond Registrar ") and shall do so unless and until a
successor Bond Registrar is duly appointed, all pursuant to any
contract the City and Bond Registrar shall execute which is
consistent herewith. The Bond Registrar shall also serve as
paying agent unless and until a successor paying agent is duly
appointed. Principal and interest on the Bonds shall be paid
to the registered holders (or record holder) of the Bonds in
the manner set forth in the form of Bond and paragraph 12 of
this resolution.
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7. The Bonds to be issued hereunder, together with
the Bond Registrar's Certificate of Authentication, the form of
Assignment and the registration information thereon shall be in
substantially the following form:
R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF LINO LAKES
$1,850,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BOND, SERIES 1985
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
% PER ANNUM November 1, 1985
REGISTERED OWNER:
PRINCIPAL AMOUNT:
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Lino Lakes, Anoka County, Minnesota (the "Issuer "), certifies
that it is indebted and for value received promises to pay to
the registered owner specified above, or registered assigns,' in
the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, unless
called for earlier redemption, and to pay interest thereon
semiannually on May 1 and November 1 of each year (each, an
"Interest Payment Date ") commencing May 1, 1986 at the rate per
annum specified above (calculated on the basis of a 360 -day
year of twelve 30 -day months) until the principal sum is paid
or has been provided for. This Bond will bear interest from
the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of
original issue hereof. The principal of and premium, if any,
on this Bond are payable upon presentation and surrender hereof
at the principal office of
a duly organized and
validly existing under the laws of
(the "Bond Registrar "), acting as paying agent, or any
successor paying agent duly appointed by the Issuer. Interest
on this Bond will be paid on each Interest Payment Date by
check or draft mailed to the person in whose name this Bond is
registered (the "Holder" or "Bondholder ") on the registration
books of the Issuer maintained by the Bond Registrar and at the
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address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date "). Any
interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date,
and shall be payable to the person who is the Holder hereof at
the close of business on a date (the "Special Record Date ")
fixed by the Bond Registrar whenever money becomes available
for payment of the defaulted interest. Notice of the Special
Record Date shall be given to Bondholders not less than ten
days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in
lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH
HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have
been done, have happened and have been performed, in regular
and due form, time and manner as required by law, and this
Bond, together with all other debts of the Issuer outstanding
on the date of original issue hereof and the date of its
issuance and delivery to the original purchaser does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka
County, Minnesota, by its City Council has caused this Bond to
be executed in its behalf by the facsimile signatures of the
Mayor and the City Clerk, the corporate seal of the Issuer
having been intentionally omitted as permitted by law.
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Date of Registration: Registrable by:
Payable at:
BOND REGISTRAR'S CITY OF LINO LAKES,
CERTIFICATE OF ANOKA COUNTY, MINNESOTA
AUTHENTICATION
This Bond is one of the
Bonds described in the /s/ Facsimile
within mentioned Mayor
Resolution.
Bond Registrar
By
Authorized Signature
/s/ Facsimile
City Clerk
ON REVERSE OF BOND
All Bonds of this issue are subject to redemption and
prepayment at the option of the Issuer on November 1, 1987 or
May 1, 1988 at par and accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemp-
tion is in part, the specific Bonds to be prepaid shall be chosen
by lot by the Bond Registrar. Published notice of redemption
shall in each case be given in accordance with law, and mailed
notice of redemption shall be given to the paying agent and to
the Holders of the Bonds.
To effect a partial redemption of Bonds having a
common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date, a distinctive number for
each $5,000 of the principal amount of such Bond. The Bond
Registrar shall then select by lot, using such method of
selection as it shall deem proper in its discretion from the
numbers assigned to the Bonds, as many numbers as, at $5,000
for each number, shall equal the principal amount of such Bonds
to be redeemed. The Bonds to be redeemed shall be the Bonds to
which were assigned numbers so selected; provided, however,
that only so much of the principal amount of such Bond of a
denomination of more than $5,000 shall be redeemed as shall
equal $5,000 for each number assigned to it and so selected.
If a Bond is to be redeemed only in part, it shall be
surrendered to the Bond Registrar (with, if the Issuer or the
Bond Registrar so requires, a written instrument of transfer in
form satisfactory to the Issuer and the Bond Registrar duly
executed by the Holder thereof or his attorney duly authorized
in writing) and the Issuer shall execute and the Bond Registrar
shall authenticate and deliver to the Holder of such Bond,
without service charge, a new Bond or Bonds of the same series
having the same stated maturity and interest rate and of any
authorized denomination or denominations, as requested by such
Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so
surrendered.
This Bond is one of an issue in the total principal
amount of $1,850,000 all of like date of original issue and
tenor, except as to number and denomination, which Bond has been
issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota and pursuant to a resolution
adopted by the City Council on October 15, 1985 (the
"Resolution ") for the purpose of providing money to finance the
construction of various improvements in the City and is payable
out of the General Obligation Temporary Improvement Bonds,
Series 1985 Fund of the Issuer into which fund there are to be
paid the proceeds of the definitive improvement bonds which the
Issuer is required by law to issue at or prior to the maturity
of this Bond for the purpose of refunding the same if the
special assessments theretofore collected or any other
municipal funds which are properly available and are
appropriated by the City's Counsel for such purpose are not
sufficient for the payment thereof. This Bond constitutes a
general obligation of the Issuer, and to provide moneys for the
prompt and full payment of the principal and interest when the
same become due, the full faith and credit and taxing powers of
the Issuer have been and are hereby irrevocably pledged.
The Bonds are issuable solely as fully registered
Bonds in the denominations of $5,000 and integral multiples
thereof and are exchangeable for fully registered Bonds of
other denominations in equal aggregate principal amounts and in
authorized denominations at the principal office of the Bond
Registrar, but only in the manner and subject to the
limitations provided in the Resolution. Reference is hereby
made to the Resolution for a description of the rights and
duties of the Bond Registrar. Copies of the Resolution are on
file in the principal office of the Bond Registrar.
This Bond is transferable by the Holder in person or
by his attorney duly authorized in writing at the principal
office of the Bond Registrar upon presentation and surrender
hereof to the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regula-
tions of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or
similar designation), of an authorized denomination or
denominations, in aggregate principal amount equal to the
principal amount of this Bond, of the same maturity and bearing
interest at the same rate.
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The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge
payable in connection with the transfer or exchange of this
Bond.
The Issuer and the Bond Registrar may treat the
person in whose name this Bond is registered as the owner
hereof for the purpose of receiving payment as herein provided
(except as otherwise provided on the reverse side hereof with
respect to the Record Date) and for all other purposes, whether
or not this Bond shall be overdue, and neither the Issuer nor
the Bond Registrar shall be affected by notice to the contrary.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the
Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
The following abbreviations, when used in the inscription
on the face of this Bond, shall be construed as though they
were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UNIF GIFT MIN ACT Custodian
(Cust) (Minor)
under Uniform Gifts to Minors
Act
(State)
Additional abbreviations may also be used
though not in the above list.
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ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto
the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the
registration thereof, with full power of substitution in the
premises.
Dated:
Notice: The assignor's signature to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust'
company or by a brokerage firm having a membership in one of
the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond
unless the information concerning the transferee requested
below is provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account.)
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8. The Bonds shall be executed on behalf of the City
by the signatures of its Mayor and City Clerk and be sealed
with the seal of the City; provided, however, that the seal of
the City may be a printed facsimile; provided further that both
of such signatures may be printed facsimiles and the corporate
seal may be omitted on the Bonds as permitted by law. In the
event of disability or resignation or other absence of either
such officer, the Bonds may be signed by the manual or
facsimile signature of that officer who may act on behalf of
such absent or disabled officer. In case either such officer
whose signature or facsimile of whose signature shall appear on
the Bonds shall cease to be such officer before the delivery of
the Bonds, such signature or facsimile shall nevertheless be
valid and sufficient for all purposes, the same as if he or she
had remained in office until delivery.
9. No Bond shall be valid or obligatory for any
purpose or be entitled to any security or benefit under this
resolution unless and until a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth,
shall have been duly executed by an authorized representative
of the Bond Registrar. Certificates of Authentication on
different Bonds need not be signed by the same person. The
Bond Registrar shall authenticate the signatures of officers of
the City on each Bond by execution of the Certificate of
Authentication on the Bond and by inserting as the date of .
registration in the space provided the date on which the Bond
is authenticated, except that for purposes of delivering the
original Bonds to the Purchaser, the Bond Registrar shall
insert as a date of registration the date of original issue,
which date is November 1, 1985. The executed Certificate of
Authentication on each Bond shall be conclusive evidence that
it has been authenticated and delivered under this resolution.
10. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject
to such reasonable regulations as the Bond Registrar may
prescribe, the Bond Registrar shall provide for the
registration of Bonds and the registration of transfers of
Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the
principal office of the Bond Registrar, the City shall execute
(if necessary), and the Bond Registrar shall authenticate,
insert the date of registration (as provided in paragraph 9)
and deliver, in the name of the designated transferee or
transferees, one or more new Bonds of any authorized
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denomination or denominations of a like aggregate principal
amount, having the same stated maturity and interest rate, as
requested by the transferor; provided, however, that no bond
may be registered in blank or in the name of "bearer" or
similar designation.
At the option of the holder, Bonds may be exchanged
for Bonds of any authorized denomination or denominations of a
like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office
of the Bond Registrar. Whenever any Bonds are so surrendered
for exchange, the City shall execute (if necessary), and the
Bond Registrar shall authenticate, insert the date of
registration of, and deliver the Bonds which the holder making
the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer
provided for in this resolution shall be promptly cancelled by
the Bond Registrar and thereafter disposed of as directed by
the City.
All Bonds delivered in exchange for or upon transfer
of Bonds shall be valid general obligations of the City
evidencing the same debt, and entitled to the same benefits
under this resolution, as the Bonds surrendered for such
exchange or transfer.
Every Bond presented or surrendered for transfer or
exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the holder thereof or his attorney
duly authorized in writing.
The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge
payable in connection with the transfer or exchange of any
Bond.
Transfers shall also be subject to reasonable regula-
tions of the City contained in any agreement with the Bond
Registrar, including regulations which permit the Bond
Registrar to close its transfer books between record dates and
payment dates.
11. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the
rights to interest accrued and unpaid, and to accrue, which
were carried by such other Bond.
12. Interest on any Bond shall be paid on each
interest payment date by check or draft mailed to the person in
whose name the Bond is registered (the "Holder ") on the
registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such
interest payment date (the "Regular Record Date "). Any such
interest not so timely paid shall cease to be payable to the
person who is the Holder thereof as of the Regular Record Date,
and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date ")
fixed by the Bond Registrar whenever money becomes available
for payment of the defaulted interest. Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders
not less than 10 days prior to the Special Record Date.
13. The City and the Bond Registrar may treat the
person in whose name any Bond is registered as the owner of
such Bond for the purpose of receiving payment of principal of
and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Bond and for all
other purposes whatsoever whether or not such Bond shall be
overdue, and neither the City nor the Bond Registrar shall be
affected by notice to the contrary.
14. The Bonds when so prepared and executed shall be
delivered by the Clerk- Treasurer to the Purchaser upon receipt
of the purchase price, and the Purchaser shall not be obliged
to see to the proper application thereof.
15. There is hereby created a special fund to be
designated "General Obligation Temporary Improvement Bonds,
Series 1985 Fund" (the "Fund ") to be held and administered by
the Clerk Treasurer separate and apart from all other funds of
the City. The Fund shall be maintained in the manner herein
specified until all of the Bonds herein authorized and the
interest thereon have been fully paid. There shall be
maintained in the Fund two separate accounts to be designated
the "Construction Account" and the "Debt Service Account
respectively.
(i) Construction Account. The proceeds of the
sale of the Bonds herein authorized, less any accrued
interest received thereon, and less any amount paid for
the Bonds in excess of $1,826,875, and less capitalized
interest in the amount of $209,725 (together with interest
earnings thereon and subject to such other adjustments as
are appropriate to provide sufficient funds to pay
interest due on the Bonds on or before May 1, 1987)
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shall be credited to the Construction Account, from which
there shall be paid all costs and expenses of making the
Improvements, including the cost of any construction
contracts heretofore let and all other costs incurred and
to be incurred of the kind authorized in Minnesota
Statutes, Section 475.65; and the moneys in said account
shall be used for no other purpose except as otherwise
provided by law; provided that the Bond proceeds may also
be used to the extent necessary to pay interest on the
Bonds due prior to the anticipated date of commencement.
(ii) Debt Service Account. There is hereby pledged
and there shall be credited to the Debt Service Account
(a) all accrued interest received upon delivery of the
Bonds; (b) all funds paid for the Bonds in excess of
$1,826,875; (c) capitalized interest in the amount of
$209,725 (together with interest earnings thereon and
subject to such other adjustments as are appropriate to
provide sufficient funds to pay interest due on the Bonds
on or before May 1, 1987); (d) the proceeds of any
definitive improvement bonds issued to refund the Bonds to
the extent necessary to pay any principal and interest on
the Bonds, the payment of which has not otherwise been
provided for; (e) all funds remaining in the Construction
Account after completion of the Improvements and payment
of the costs thereof, not so transferred to the account of
another improvement; and (f) all investment earnings on
funds held in the Debt Service Account. The Debt Service
Account herein created shall be used solely to pay the
principal and interest and any premiums for redemption of
the Bonds issued hereunder and any other general
obligation bonds of the City hereafter issued by the City
and made payable from said account as provided by law.
(iii) Investments. Any sums from time to time held
in the Debt Service Account in excess of amounts which
under the applicable federal arbitrage regulations may be
invested without regard as to yield shall not be invested
at a yield in excess of the applicable yield restrictions
imposed by said arbitrage regulations on such investments
after taking into account any applicable "temporary
periods" made available under the federal arbitrage
regulations. Money in the Debt Service Account shall not
be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any
agency or instrumentality thereof if and to the extent
that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section
103(h) of the Internal Revenue Code of 1954, as amended.
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16. It is hereby determined that no less than 100% of
the cost to the City of each Improvement financed hereunder
within the meaning of Minnesota Statutes, Section 475.58,
Subdivision 1(3) shall be paid by special assessments to be
levied against every assessable lot, piece and parcel of land
benefited by the Improvements. The City hereby covenants and
agrees that it will let all construction contracts not here-
tofore let within one year after ordering each Improvement
financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of
construction contracts and will do and perform as soon as they
may be done, all acts and things necessary for the final and
valid levy of such special assessments, and in the event that
any such assessment be at any time held invalid with respect to
any lot, piece or parcel of land due to any error, defect, or
irregularity in any action or proceedings taken or to be taken
by the City or this Council or any of the City officers or
employees, either in the making of the assessments or in the
performance of any condition precedent thereto, the City and
this Council will forthwith do all further acts and take all
further proceedings as may be required by law to make the
assessments a valid and binding lien upon such property. The
special assessments have not heretofore been authorized, and
accordingly, for purposes of Minnesota Statutes, Section
475.55, Subdivision 3, the special assessments are hereby
authorized. Subject to such adjustments as are required by •
conditions in existence at the time the assessments are levied,
the assessments are hereby authorized and it is hereby
determined that the assessments shall be payable in equal,
consecutive, annual installments, with general taxes for the
years shown below and with interest on the declining balance of
all such assessments at a rate per annum not greater than the
maximum permitted by law and not less than 10 % per annum:
Improvement
Designation Amount Levy Years
Rice Lake Estates $1,828,264 1986 -2000
Weber Improvements $ 21,736 1985 -1999
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17. To further provide moneys for the prompt and full
payment of principal and interest on the temporary improvement
bonds herein authorized for sale, the City shall issue and sell
definitive improvement bonds, at or prior to the maturity date
of said temporary bonds issued hereunder, in such amounts as
are needed to pay the principal and interest then due on said
temporary improvement bonds after the application of the
assessments collected, and the appropriation of such other
municipal funds as are properly available for such purpose.
The Council hereby finds, determines and declares that the
estimated collections of special assessments to be received
before the maturity date of said temporary improvement bonds
and the proceeds of the definitive bonds to be issued at or
before the maturity date of the Bonds herein authorized, and
other revenues pledged for the payment of said temporary
improvement bonds and the interest thereon will equal at least
5% in excess of the principal and interest requirements of said
temporary improvement bonds as the same become due.
18. For the prompt and full payment of the principal
and interest on the Bonds, as the same respectively become due,
the full faith, credit and taxing powers of the City shall be
and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and
interest then due on the Bonds payable therefrom, the
deficiency shall be promptly paid out of any other funds of the
City which are available for such purpose, and such other funds
may be reimbursed with or without interest from the Debt
Service Account when a sufficient balance is available therein.
19. The Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Anoka
County, Minnesota, together with such other information as he
shall require, and to obtain from the Auditor his certificate
that the Bonds have been entered in the Auditor's Bond
Register.
20. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser of the
Bonds, and to the attorneys approving the legality of the
issuance thereof, certified copies of all proceedings and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts
relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified
copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to
the facts recited therein.
1.7
The motion for the adoption of the foregoing
resolution was duly seconded by member Reinert and
upon vote being taken thereon, the following voted in favor
thereof: All members present
and the following voted against the same: None
Whereupon said resolution was declared duly passed
and adopted.
18
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
I, the undersigned, being the duly qualified and
Clerk - Treasurer
acting XIIMMUCKW0eCof the City of Lino Lakes, Minnesota, DO
HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my
office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of
said City, duly called and held on the date therein indicated, .
insofar as such minutes relate to opening and considering bids
for, and awarding the sale of $1,850,000 General Obligation
Temporary Improvement Bonds, Series 1985 of said City.
WITNESS my hand and the seal of said City this 15th
day of October , 1985.
( SEAL )
19
Clerk- Treasurer