HomeMy WebLinkAboutCC PACKET 12181990 I
Meeting Sheet
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Folder: CC PACKETS 1990-1994
Document:. CC PACKET 12181990
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COUNCIL MEETING
DECEMBER 18, 1990
VERIFIED CLAIMS LIST
Clarey's Safety Equipment $1,750.00
25 COBRA firefighter hoods
Fleet Farm $ 131.88
.45 caliber bullets
Dorothy Fleming $ 181.50
Secretarial services/City Council
Minnegasco $4,376.42
Natural gas services
N.S.P. $ 66.18
Electricity services
Rick Pfeiffer $ 33.54
Reimbursement of Santa Claus program
U.S. Postmaster $ 60.00
Bulk postage permit
U. S. West $ 341.57
Telephone services
$6,941.09
•
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
DECEMBER 18, 1990
5:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
• III. APPROVAL OF DECEMBER 18, 1990 COUNCIL AGENDA.
IV. APPROVAL OF DECEMBER 11, 1990 COUNCIL MINUTES.
V. APPROVAL OF RESOLUTION 90-043,RE:$1,550,000 GENERAL OBLIGATION
REFUNDING BONDS.
VI. APPROVAL OF RESOLUTION 90-044, RE: FIRE DEPARTMENT PUBLIC
SCHOOL INSPECTIONS.
VII. APPOINTMENT OF NEW COUNCILMEMBER.
VIII. CHRISTMAS TREE LIGHTING AWARD.
VIII. ADJOURNMENT.
• 1 ST. ANTHONY CITY COUNCIL
2
REGULAR COUNCIL MEETING
4
5 OF DECEMBER 11 , 1990
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7:30 p.m. and the Pledge of Allegiance
11 was led by Mayor Ranallo.
12
13 2. ROLL CALL
14
15 Present : Mayor Ranallo, Councilmembers Marks and Enrooth
16 Councilmember Wagner arrived at 7:40 p.m. and Councilmember Makowske arrived
17 at 8: 10 p.m.
18 Staff Present: City Manager Burt
19
20 3. APPROVAL OF DECEMBER 11 , 1990 COUNCIL AGENDA
21
22 The agenda as presented was not changed but Mayor Ranallo requested an
23 addition of consideration of changing the Council meeting scheduled for
24 December 25th. The City Manager requested two additions, which were;
• 25 discussion of Hepatitis B regulations and the Christmas Lighting Contest.
26
27 Motion by Marks, second by Enrooth to approve the agenda for the Council
28 meeting of December 11 , 1990 with the suggested additions.
29
30 Motion carried unanimously
31
32
33 4. APPROVAL OF NOVEMBER 27, 1990 .000I4CIL MEETING MINUTES
34
35 Motion by Marks, second by Enrooth to approve the minutes of the November
36 27, 1990 Council meeting with the following corrections:
37
38 page 2, line 44: Correct the word "was" to "has"
39 page 4, line 6: Add the work "each" to the end of the line
40 page 4, line 25: Correct the word "dept" to "debt"
41 page 4, line 27: Correct the spelling to "Thistle"
42 page 4, .1ine 30: Correct the spelling to "Thistle"
43 page 5, line 44: Delete the words "because of the" and insert the word
44 "through"
6; page 6, line 2: Correct the spelling to "J.oanelI Dyrstad"
46 page 7, line il : Correct "reduces" to •"reduced"
47 page 7, line 21 : Correct "their" to "there"
48 page 7, line 27: Delete "in"
49 page 7, line 27: Correct the work "increase" to plural "increases"
• 50
Regular Council Meeting
December 11 , 1990
page 2
•
I page 8, line 22: The line should read, "successful in a real estate
2 sales flat market because it is a better buy for the tax'
' page 8, line 8: Correct "their" to "there"
4 page 9, line 36: Add between the words "cap" and "prevents" the word "which"
5 page 10, line 19: Correct spelling to "Rein"
page 10, line 41 : Correct the tense of the word "gave" to "given"
7 page 11 , line 2: Make the word 'way" plural , "ways"
R page 13, line 15: Correct the spelling of the word "adjournment"
9
10 Motion carried unanimously .
11
12 5, LICENSES/PERMITS/PETITIONS
13
i4 There were no license nor permit applications received and no petitions
15 were presented. '
16
17 6. PRESENTATION OF CLAIMS
18
19 A. Dorsey & Whitney
20 Motion by Marks, second by Enrooth to approve payment in the amount of
21 $2.597.48 to Dorsey b Whitney for legal services rendered from October
�31 , 1990 through October 31 , 1990.
24 Motion carried unanimously •
25
26 B. Dorsey b Whitney
�7 Motion by Marks, second by Enrooth to approve payment in the amount of
28 $473.25 to Dorsey S Whitney for legal services rendered from October
�9 1 , 1990 through October 31 , 1990 for the Foss Road lift station dispute.
30
31 Motion carried unanimously
32
33 C. Hance s LeVahn, Ltd.
34 Motion by Wagner, second by Marks to approve payment in the amount of
35 $2,400.00 for legal services rendered for the month of December, 1990
relative to St. Anthony prosecutions.
37
38 Motion carried unanimously
39
40 D. St. Croix Recreation Company
441 2 Motion by Marks, second by Ranallo to approve payment in the amount of
43 $8,650.00 to St. Croix Recreation •Company, Inc. for playground equipment.
44 The City Manager advised this equipment is located in Emerald Park. •The
SS City had budgeted $5,000.00 and $4,000.00 was received in donations from
46 the Boosters, the Chamber of Commerce and the Lions Club.
47
48 Motion carried unanimously
49
se •
Regular Council Meeting
December 11 , 1990
page 3
• 1
2 E. Barr Engineering -Company
Motion by Enrooth, second by Marks to approve payment in the amount of
3 $626.00 to Barr Engineering Company for professional services rendered
4 during the period of September 2, 1990 through November 3, 1990 relative
5 to preliminary analysis of storage potential at Silver Point Park.
6
7 Motion carried unanimously
8 —
9 F. Short-Elliott-Hendrickson
10 Motion by Marks, second by Wagner to approve payment in the amount of
11 $16.44 to Short-El I iott-Hendrickson for clerical and computer services
12 relative to the replacement of Foss Road sewage pumping station from
13 August 19, 1990 through October 13, 1990.
14
15 Motion carried unanimously
16
17 G. Calgon Carbon Corporation
18 Motion by Marks, second by Enrooth to approve payment in the amount of
19 53,240.00 to Calgon Carbon .Corporation as its service fee for November
20 1990•
21
22 Motion carried unanimously
23
24 H. Business Records Corporation
• �5 Motion by Enrooth, second by Ranallo to approve payment in the amount of
�7 $7,792.00 to Business Records Corporation for the GFS software.
28 Motion carried unanimously
29
30 I . Business Records Corporation
31 Motion by Enrooth, second by Ranallo to approve payment in the amount of
32 $2;880..00 to Business Records Corporation for the service agreement for the
33 software.
34
35 The training of staff being afforded by this firm for use of this software
36 is approximately twenty-four hours per year for four employees.
37
38 Motion carried unanimously
39
40 J. Verified Claims
41 Motion by Marks, second by Wagner to approve the two pages of accounts
43 payable claims dated January 12, 1990.
44 Motion carried unanimously
4S
46
47 .7. REPORTS
48
49 A. Council Reports
50 Mayor Ranallo and Councilmembers Marks and Wagner had no reports.
Regular Council Meeting
December 11 , 1990
page 4
•
1 Councilmember Enrooth gave a status report on the Village Fest. He noted
2 that two women recently attended a. Village Fest Committee meeting who
3 displayed a high level of interest and enthusiasm. There remains a need
4 to increase a more broadly based level of interest and a Chairperson and
6 officers of the Village Fest Committee still need to be chosen or selected.
The previous Chairperson has indicated he is no longer interested in con-
7 tinuing to serve in that capacity.
8
9 The next Village Fest Committee meeting is scheduled for January 14, 1991 •
10 Members of the Council were encouraged to seek out residents willing to
11 volunteer to serve on the Committee.
12
13 1 . Roger Bjorklund Day Proclamation.
14 Motion by Marks, second by Enrooth to approve the proclamation designating
15 December 27, 1990 as Roger Bjorklund Day in St. Anthony Village.
16
17 Motion carried unanimously
18
19 Mayor Ranallo will present the proclamation to Mr. Bjorklund on December
20 27th.
21
22 2. Councilmember Designees to Committee/Organizations
�3 The City Manager prepared a list of committees and organizations which
24 traditionally have a Council representative serving on them. The list,
�5 with Councilmember 'concurrence, designated a Council representative to •
26 individual committees and organizations.
27
28 Mayor Ranallo stated that he and Councilmember Wagner will be attending
�9 the next meeting of the St. Anthony Merchants. It is their intention to
30 meet with the rental agent for Apache Plaza to discuss marketing the
31 available vacant space in the shopping center. The Mayor also noted the
32 shoe store in Apache Plaza is not -moving out because of the rental cost,
33 but rather because the volume necessary for it to realize a profit is not
34 in evidence for the shoe shop.
35
36 The list contained four committees/organizations to which a Council
37 representative was not assigned nor hada Councilmember expressed an
38 interest. Mayor Ranallo suggested the newly-appointed Councilmember
39 should be encouraged to review these opportunities for service.
40
41 Councilmember Marks stated he had also been serving on the Anoka/Hennepin
42 County Regional Railroad Authority as well as the Inter-Governmental
43 Committee of .the Ramsey County Railroad Authority.
44
41; Councilmember Enrooth noted he also is serving as a Council representative
46 to the Hennepin County Good Water Commission.
47
48 Mayor Ranallo stated that the' Youth Services Bureau also should have a
49 representative of the Council serving on it. The City -Manager had contacted
50 Kay Andrews, Director of the Youth Services Bureau, regarding the Bureau's •
Regular Council Meeting
December 11 , 1990
page 5
• 1
Joint Powers Agreement with participating cities. St. Anthony has never
2 formally been included in the Agreement and Ms. Andrews felt it was not
3 necessary to amend the Agreement at this time.
4
5 Councilmember Marks felt the City should continue to be represented at the
6 Youth Services Bureau and this matter should be discussed at the upcoming
7 Council Retreat.
8
9 3. St. Anthony/New Brighton Policy Statement on Silver Lake Road
10 Representatives of the two City Councils and of the two cities held a work
11 session to discuss matters of mutual interest and concern and potential
12 areas of cooperation.
13
14 An item of importance to both communities was the proposed reconstruction
15 project for Silver Lake Road between Silver Lane and 1-694 as proposed by
16 Ramsey County. A joint policy statement was drafted by representatives of
17 both communities and presented for the Council 's consideration.
18
19 Motion by Marks, second by Enrooth to approve the Joint Policy Statement
20 on Silver Lake Road, dated December 11 , 1990, as drafted in resolution
21 form by the City Council of St. Anthony and New Brighton City Council .
22
23 Motion carried unanimously
24
25 4. Appointment to City's Cable Commission
26 No material on this appointment was included in the Council 's agenda
�7 packet, but it was stated that a number of interested residents had been
28 interviewed by the Council .
29
30 Motion by Enrooth, second by Marks to appoint Bill Zawislak to serve on
31 the City's Cable Commission, effective January, .1991 .
32
33 Motion carried unanimously
34
35 The City Manager advised that at this point in time a new Cable Executive
36 Director has not been appointed.
37
38 Bill Zawislak was appointed to replace Dennis Murphy on the Cable Commission.
39 Murphy was recently appointed by the City Council to the Planning Commission.
40
41 42 5. Change of Date for Second Council Meeting in December
The date of the regular Council meeting would be on December 25th, Christmas
43 Day.
44
4r, Motion by Marks, second by Ranallo to change the December 25th regular
46 Council meeting to December 18th at 5:30 p.m: and hold a Housing and
47 Redevelopment Authority meeting if necessary.
48
49 Motion carried unanimously
• 50
Regular Council Meeting
December 11 , 1990
page 6
l •
2 6. Hepatitis B Requirements
The City Manager advised that the State OSHA is now requiring cities to
4 offer the opportunity for Hepatitis B injections to all "at risk" employees;
5 specifically, police, fire, reserves and volunteers.
6 He* noted that the City of Bloomington has its own medical personnel on staff.
7 Bloomington is able to purchase the vaccine at a discounted cost. The cost
8 would be $140.00 per person, which would cost St. Anthony $8,100 as there
9 are fifty-five people who could quality to receive these injections. Blo-
10 omington has indicated a willingness to set up clinics around the area to
11 accommodate distribution of the Hepatitis B injections.
12
13 The City-Manager advised the potential cost which could be incurred by
i4 this requirement was not included in the City's 1991 budget. He requested
15 that any surplus which may be realized in the budget be considered to be
16 used for this purpose.
17
18 7. Christmas Lighting Contest
19 The Village Gardenettes have agreed to judge this year's Christmas Lighting
20 Contest. Councilmember Wagner stated the judging will take place on December
21 17th. He felt it would be very appropriate
ppropriate to have the contest winners
23 announced and in attendance at the December 18th Council meeting if possible.
24 Councilmember Wagner will follow up on this matter.
�5 B. City Manager' s Report •
26
27 1 . Street Lights on Skycroft Drive
28 Northern States Power will install these lights in the Spring of 1991 . The
29 City Manager met with two property owners in the area regarding placement
30 of poles on their property. Northern States Power requires agreements with
31 some of -the property owners on Skycroft Drive to come onto their property
32 for installation and maintenance of the lights. The service manager for
33 Northern States Power indicated by letter that the firm will draft an
34 agreement and mail copies of to the affected property owners. The total
35 costs for trenching and installation is $839.50. This is a one time only
36 charge and will be paid to the City by the affected property owners.
37
38 Motion by Marks, second by Enrooth to approve the one time payment of
39 $839.50 to Northern States Power which will be forthcoming from benefitting
40 property owners regarding the mid-block lighting project on Skycroft Drive.
41
42 Motion carried unanimously
43
44 2. Flexible Spending, Benefit Account
4S
46 The City Manager reviewed a.11 facets of the Flexible Spending Benefit
47 Account as drafted by the City's Finance Director. He stated this will
48 involve no costs to the City, but will save as the City will pay less Into
49 F. I .C.A.. This could be viewed as a win/win situation as both the City and
50 the employees benefit.
Regular Council Meeting
December 11 , 1990
page 7
1 Motion by Ranallo, second by Marks to approve the Flexible Spending
2 Benefit Account as prepared by the Finance Director in his memo dated
4 November 28, 1990.
5 Motion carried unanimously
7 8. PUBLIC HEARINGS
R
9 There were no public hearings.
10
11 9. NEW BUSINESS
12
13 A. Resolution No. 90-039; Rate Reimbursement for Use of Employees' Vehicle
i4 on City Business
15 The City Manager stated that the present rate for mileage is 26�. He noted
16 that the rate suggested by the Internal Revenue Service will be the one
17 adopted by the City.
18
19 Motion by Marks, second by Ranallo to approve Resolution No. 90-039 being
20 a resolution increasing the rate of reimbursement for the use of an employee's
21
22 vehicle for official city business.
�3 Motion carried unanimously
24
• 25 B. Resolution No. 90-042; Charitable Gambling Lease at the Stonehouse
26 This resolution is being requested by the St. Anthony Sports Boosters.
�7 It was noted that the format being required by the State has changed but
28 the lease will be for the same locations as previously approved.
29
30 Dan Kramer, President of the Boosters, stated that another resolution
31 will be needed in April for the Wells location for the Boosters use.
32
33 The City Manager felt this resolution would be suitable for addressing
34
35 both locations, the Wells and the Stonehouse.
36 Motion by Enrooth, second by Wagner to approve Resolution No. 90-042;
37 a resolution authorizing the Mayor and City Manager to execute the lease
38 with the St. Anthony Village Boosters, Inca
39
40 Councilmember Marks stated he will not vote in favor of the motion as he
41 is opppsed to charitable gambling.
42
43 Roll call : Enrooth, Wagner, Ranallo - aye Marks - nay
44
4r,
46 Motion passes.
47 C. Ordinance No. 1990-011 ; Cable Television Amendment (1st Reading)
48 Ordinance No. 1990-011 is an ordinance relating .to the St. Anthony Cable
49 TV franchise and community -television programming, transferring community
50
Regular Council Meeting
December 11 , 1990
page 8
1 televisionro ramming responsibilities from the franchisee to the City;
2 P 9
3 and amending Appendix IV of the 1973 Code of Ordinances.
4 The City Manager advised that part.of the community access changes have
5been recommended by the City's Cable Commission-and the .ordinance has
' been reviewed by the City Attorney.
8 Motion by Enrooth, second by Marks to approve the first reading of
10 Ordinance No. 1990-011 .
11 Motion carried unanimously
12
13 10. UNFINISHED BUSINESS
14
15 A. Ordinance No. 1990-010; Costs for Special Lighting Systems Urd reading)
16 This ordinance provides for the installation and operation of special
17 lighting systems for certain public streets, provides for the collection
18 of costs as a special assessment against property benefitted and amends
19 Chapter VI of the 1973 Code of Ordinances by adding Section 620.
20
21 Motion by Enrooth, second by Marks to approve the third reading and the
22 adoption of Ordinance No. 1990-010.
23
24 Motion carried unanimously
25
26 11 . ADJOURNMENT
27
28 Motion by Marks, second by Ranallo to adjourn the meeting at 8:15 p.m. .
29
30 Motion carried unanimously
31
32
33
34 Respectfully submitted,
35
36
37 JO-Anne Student, Council Secretary
38
39
40 Mayor Clarence Ranal o
41
42
43 ATTEST:
44 CITY CLERK
45
46
47
48
49
50
DOIRSEY & WHITNEY
• A P-...ev I....D.ro P..........Co�.o�.now•
350 PARK AVENUE 201 F1 ST AVENUE,S.W.,SUITE 340
2200 FIRST BANK PLACE EAST
NEW YOBS,NEW YORK 10022 ROOLSTE8,MINNESOTA 35902
x212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)266-3156
1330 CONNECTICUT AVENUE,N.W. (612) 340-2600 -
WA6RINGTON,D.C.20036 TELEX 29-0605 1200 FIRST INTERSTATE CENTER
(202)657-0700 PAX(617)340-2868 BILLINGS,MONTANA 59103
3 GRACECBURCR STREET (406)262-3600
LONDON EC3V OAT,ENGLAND -
44-71-929-3334
201 DAVIDSON BUILDING
36,BCE TBONCRET John D.KLrby GREAT PAT-1-6,MONTANA 59401
T5009 PARIS,FRANCE // �''�"J (406)727-3632
33-1-42-66-59-49 18=•)340'55
45,RUE DE TREVES
EAST578EE7
78-1040 ZRUBSEL6,BELGIUM MIS60ULA,MONTANA 5980
2
32-2-236-76-11
December 10, 1990 (406)721-6025
Ms. Nancy Langness
Springsted Incorporated
85 East Seventh Place
Suite 100
St. Paul, Minnesota 55101-2143
• Re: $1,550,000 General Obligation Refunding Bonds, Series 1991A
City of St. Anthony, Minnesota
Dear Nancy:
Enclosed please find several copies of the resolution for the sale of the
above Bonds on December 18. Should you have any questions, please do not
hesitate to call.
Ve truly yours,
n D. Kirby
JDK/dep
Enclosures
cc Wr. Thomas Burt
Mr. William Soth
•
CERTIFICATION OF MINUTES RELATING TO
$1,550,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1991A •
Issuer: City of St. Anthony, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A meeting held Tuesday,
December 18; 1990 at 5:30 o'clock p.m., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 9 o-0 4 3
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND •
PROVIDING FOR THE PAYMENT OF $1,550,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 1991A
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the bonds referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a correct and complete
transcript of the minutes of a.meeting of the governing body of said corporation,
and correct and complete copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to
said bonds; and that said meeting was duly held by the governing body at the time
and place and was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this day of
December, 1990.
City Clerk •
The Clerk presented to the City Council affidavits showing publication
• in the official newspaper of the City and in Northwestern Financial Review of a
Notice of Sale of $1,550,000 General Obligation Refunding Bonds, Series 1991A of the
City for which bids were to be considered at this meeting in accordance with the
resolution adopted by the Council on November 27, 1990. The affidavits were
examined, found satisfactory and directed to be placed on file in the office of the
Clerk.
It was reported that sealed bids had been received prior to the
time stated in the Notice of Sale. The bids having been opened and tabulated, as
provided on the Notice of Sale, were all found to conform to the Notice of Sale and
the Official Terms of Offering and the purchase price, interest rates and net interest
cost under the terms of each bid were found to be as follows:
Interest Total Interest Cost
Name of Bidder Purchase Price Rates And Net Average Rate
(See attached)
Member then introduced the following resolution •
and moved its adoption:
RESOLUTION NO. 9 0-0 4 3
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $1,550,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 1991A
BE IT RESOLVED by the City Council of the City of St. Anthony,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
(a) This Council, by Resolution No. adopted November 27, 1990,
authorized the issuance and public sale of $1,550,000 General Obligation Refunding
Bonds, Series 1991A (the Bonds), of the Issuer, the proceeds of which will be used,
together with funds on hand as may be required, to refund on February 1, 1991 the
1994 through 1998 maturities,.aggregating $1,550,000 (the Refunded Bonds), of the
Issuer's outstanding General Obligation Tax Increment Bonds, Series 1985B (the
1985B Bonds). •
(b) Notice of Sale has been duly published. Pursuant to the Official
Terms of Offering and the Notice of Sale, _ sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids have
been opened, publicly read and.considered and the purchase price, interest rates and
net interest cost under the terms of each bid have been determined. The most
favorable bid received is that of
of and associates (the
Purchaser), to purchase the Bonds at a price of $ plus accrued interest
on all Bonds to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
(c) The sale of the Bonds is hereby awarded to the Purchaser and the
Mayor and Manager are hereby authorized and directed on behalf of the Issuer to
execute a contract for the sale of the Bonds in accordance with the terms of the bid.
The good faith check of the Purchaser shall be retained and deposited by the Issuer
until the Bonds have been delivered and shall be deducted from the purchase price
paid at settlement. The good faith checks of other bidders shall be returned to them
forthwith.
•
• Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be originally dated as of January 1, 1991, shall be in the denomination of
$5,000 each, or any integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, without option of prior payment,
and shall bear interest from date of issue until paid at the respective annual rates set
forth opposite such years and amounts, as follows:
Year Amount Rate
1994 $310,000
1995 330,000
1996 350,000
1997 370,000
• 1998 190,000
The Bonds shall be combined with those 1985B Bonds not being refunded by the
Bonds for purposes of meeting the requirements of Minnesota Statutes, Section
475.54, subd. 1, as permitted by subd. 2 of Section 475.54. The Bonds shall be issuable
only in fully registered form. The interest thereon and, upon surrender of each
Bond at the.principal office of the Registrar described herein, the principal amount
thereof shall be payable by check or draft issued by the Registrar described herein.
2.03. Dates and Interest Payment Dates. Each.Bond shall bear a date of
original issue of January 1, 1991. Upon the initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,
the date of authentication shall be noted on each Bond so delivered, exchanged or
transferred., Interest on the Bonds shall be payable on each February 1 and August l;
commencing August 1, 1991, to the owners of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether or not
such day is a business day.
2.04. Redemption. The Bonds shall not be subject to prepayment prior
to their stated maturities.
• -2-
2.05. Appointment of Initial Registrar. The Issuer hereby appoints •
in ,
as the initial bond registrar, transfer agent and paying agent (the Registrar). The
Mayor and the Manager are authorized to execute and deliver, on behalf of the
Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation-shall be authorized to
act as successor Registrar. The Issuer agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The Issuer reserves the right to
remove the Registrar upon thirty (30) days notice and upon the appointment of a
successor Registrar, in which event the predecessor Registrar shall deliver all cash
and Bonds in its possession to the successor Registrar and shall deliver the bond
register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the-Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly •
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in.writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, dose the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall bepromptly cancelled by the Registrar and thereafter disposed
of as directed by the Issuer.
-3- •
(e) Improper or Unauthorized Transfer. When any Bond is presented
• to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in-whose name any Bond is at any time registered in the bond
register as the absolute owner of such Bond, whether such Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on such.Bond and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order
shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
• new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any such Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that such Bond
was destroyed, stolen or lost, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the Issuer and the
Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has
already matured or been called for redemption in accordance with its terms it
shall not be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision 1, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Clerk and shall be executed on behalf of the •
Issuer by the signatures of the Mayor and the Manager, provided that all signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, 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. Notwithstanding such execution, no
Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on
such Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of
authentication on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this Resolution. When the Bonds have been so
prepared, executed and authenticated, the Finance Officer shall deliver them to the
Purchaser upon payment of the purchase price in accordance with the contract of
sale heretofore made and executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
2.08. Form of Bonds. The Bonds shall be printed in substantially the
following form:
-5- •
[Face of the Bonds]
• UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION REFUNDING BOND, SERIES 1991A
Date of
Rate Maturfty Original Issue CUSIP
January 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
FOR VALUE RECEIVED, the City of St. Anthony, Counties of
Hennepin and Ramsey, Minnesota (the Issuer), acknowledges itself to be indebted
and hereby promises to pay to the registered owner named above, or registered
• assigns, the principal sum specified above on the maturity date specified above,
without option of prior payment, with interest thereon from the date hereof at the
annual rate specified above, payable on February 1 and August 1 in each year,
commencing August 1, 1991, to the person in whose name this Bond is registered at
the close of business on the fifteenth day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon presentation and
surrender hereof, the principal hereof are payable in lawful money of the United
States of America by check or draft by ,
in , as Bond Registrar, Transfer Agent and Paying
Agent (the Registrar), or its designated successor under the Resolution described
herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith and credit and taxing powers of the Issuer
have been and are hereby irrevocably pledged.
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth hereon.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives. •
IN WITNESS WHEREOF, the City of St. Anthony, Counties of
Hennepin and Ramsey, Minnesota, by its City Council, has caused this Bond to be
executed on its behalf by the facsimile signatures of the Mayor and City Manager and
has caused this Bond to be dated as.of the date set forth below.
Date of Authentication:
CITY OF ST. ANTHONY, MINNESOTA
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
•
as Registrar
By
Authorized Representative
-7- •
[Reverse of the Bonds]
• This Bond is one of an issue in the aggregate principal amount of
$1,550,000, all of like date and tenor, except as to maturity date, interest rate and
denomination, issued pursuant to a resolution adopted by the City Council on
December 18, 1990 (the Resolution), to refund certain of the Issuer's outstanding
General Obligation Tax Increment Bonds, Series 1985B, dated as of December 1, 1985,
and is issued pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter
475. The Bonds of this issue are issuable only in fully registered form, in
denominations of $5,000 or any integral multiple thereof, of single maturities.
Bonds of this issue have been designated as "qualified tax-exempt
obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as
amended.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the Issuer at the principal
office of the Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
• cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Issuer and the Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this Bond is
overdue or not, for the purpose of receiving payment and for all other purposes,
and neither the Issuer nor the Registrar shall be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that in and by the Resolution,
the Issuer has estimated that the collections of tax increments to be received by the
Issuer from a tax increment financing district (Tax Increment Financing District No.
1) created within the Kenzie Terrace Redevelopment Project in the Issuer will
produce sums not less than five percent in excess of the principal and interest when
-8-
due on the Bonds of this issue, and has appropriated such tax increments to its
Series 1991A Refunding Bond Sinking Fund for the payment of such principal and •
interest; but if necessary for the payment of such principal and interest when due, ad
valorem taxes are required to be levied upon all taxable property in the Issuer,
without limitation as to rate or amount; and that the issuance of this Bond does not
cause the indebtedness of the Issuer to exceed any constitutional or statutory
limitation of indebtedness.
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 UTMA_ as Custodian for
in common (Cult) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Transfers
to Minors
JT TEN --as joint tenants
with right of Act. . . . . . . . . . . . . . . . . . . . . . .
survivorship and (State)
not as tenants in
common •
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and all rights thereunder,
and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the within
Bond, 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 enlargement or
any change whatsoever.
-9-
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.
PLEASE INSERT SOCIAL
SECURITY OR OTHER
IDENTIFYING NUMBER OF
ASSIGNEE:
Form of certificate to be printed on the reverse side of each Bond,
following a full copy of the legal opinion:
We certify that the above is a full, true and correct copy of the legal
opinion rendered by Bond Counsel on the issue of Bonds of the City of St. Anthony,
Counties of Hennepin and Ramsey, Minnesota, which includes the within Bond,
dated as of the date of original delivery of and payment for the Bonds.
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
-10-
Section 3. Use of Proceeds. Upon payment for the Bonds by the
Purchaser, the Finance Officer shall deposit the proceeds of the Bonds in the amount
of$1,537,600 in the sinking fund established for the 1985B Bonds to be applied to the
redemption and prepayment of the Refunded Bonds on February 1, 1991. The City
Clerk shall cause notice of such redemption to be given as required by the resolution
authorizing the issuance of the 1985B Bonds.
Section 4. Series 1991A Refunding Bond Sinking Fund. The Bonds
shall be payable-from a separate and special Series 1991A Refunding Bond-Sinking
Fund (the Bond Fund) of the Issuer, which Bond Fund the Issuer agrees to maintain
until the Bonds have been paid in full. If the money in the Bond Fund should at
any time be insufficient to pay principal and interest due on the Bonds, such
amounts shall be paid from other moneys on hand in other funds of the Issuer,
which other funds shall be reimbursed therefor when sufficient money becomes
available in said Bond Fund. The moneys on hand in the Bond Fund from time to
time shall be used only to pay the principal of and interest on the Bonds. Into the
Bond Fund shall be paid (i) all Bond proceeds received from the Purchaser in excess
of$1,537,600, (ii) prior to and including February 1, 1993, collections of tax
increments from Tax Increment Financing District No. 1 created within the Kenzie
Terrace Redevelopment Project sufficient to pay when due the interest on the Bonds
and, subsequent to February 1, 1993, all collections of tax increments from said
District to the extent required to pay principal and interest on the Bonds when due,
(iii) all taxes collected pursuant to Section 5. hereof, and (iv) any other funds
appropriated by the Council for the payment of the Bonds.
Section 5. Pledge of Taxing Powers. For the prompt and full payment
of the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing.powers of the Issuer shall be and are
hereby irrevocably pledged. It is estimated that the collections of tax increments
pledged to the payment of the principal of and interest on the Bonds will be not less
than five percent in excess of amounts needed to meet when due the principal and
interest payments on the Bonds, and therefore no ad valorem tax levy is presently
required.
Section 6. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also at any time discharge its obligations with respect to any Bonds,
-11-
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow
agent for this purpose, cash or securities which are authorized by law to be so
deposited, bearing interest payable at such times and at such rates and maturing or
callable at the holder's option on such dates as shall be required to pay all principal,
interest and redemption premiums to become due thereon to maturity.
Section 7. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditors of
Hennepin and Ramsey Counties and obtain a certificate that the Bonds have been
duly entered upon the.Auditors' bond register.
Section 8. Authentication of Transcript. The officers of the Issuer and
County-Auditors of Hennepin and Ramsey Counties are hereby authorized and
directed to prepare and furnish to the Purchaser and'to Dorsey & Whitney, Bond
Counsel, certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the
facts relating to the legality and, marketability of the Bonds, as the same appear from
the books and records in their custody and control or as otherwise known to them,
and all such certified copies, affidavits and certificates, including any heretofore
furnished, shall be deemed representations of the Issuer'as to the correctness of all
statements contained therein.
Section 9. Tax Covenant; Arbitrate Certificate.
(a) The Issuer covenants and agrees with the registered owners from
time to time of the Bonds herein authorized, that it-will not take, or permit to be
taken by any of its officers, employees or agents, any action which would cause the
interest payable on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code) and regulations issued thereunder, in
effect at the time of such action, and that it will take, or it will cause its officers,
employees or agents to take, all affirmative actions within its powers which may be
necessary to insure that such interest will not become subject to taxation under the
Code and applicable Treasury Regulations, as presently existing or as hereafter
amended and made applicable to the Bonds. The Bonds are being issued pursuant
to the transition provisions contained in Section 1313(a) of the-Tax Reform Act of
1986. In connection with the requirements of that Section, it is hereby found and
determined that
(1) No public hearing is required for the issuance of the Bonds
since the average maturity date of the Bonds (and the specific maturity date of each
Bond) is not later than the average maturity date of the Refunded Bonds (and the
specific maturity date of each Refunded Bond);
• -12-
(2) All issuance costs connected with the Bonds will be paid by the
Issuer from its own funds and not from the proceeds of the Bonds;
(3) The Refunded Bonds were issued prior to August 16, 1986 and
therefore are "qualified bonds" as defined in Section 1313(a)(2); and
(4) The amount of the Bonds does not exceed the outstanding
amount of the Refunded Bonds and each Bond has a maturity date no later than 17
years from the date of issue of the Refunded Bonds.
(b) The Mayor and Manager being the officers of the Issuer charged
with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in
accordance with the provisions of Section 148 of the Code, and Sections 1.103-13,
1.103-14 and 1.103-15 of the Regulations, stating that on the basis of facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds, it is
reasonably expected that the proceeds of the Bonds will not be used in a manner that
would cause the Bonds to be arbitrage bonds within the meaning of the Code and
the applicable regulations.
Section 10. Arbitrage Rebate Exemption. It is hereby found and
determined that the Bonds qualify for the "small issuer" exemption from arbitrage
rebate set forth in Section 148(f)(4)(C)(i) of the Code, as modified by Sections
148(f)(4)(C)(v) and NO of the Code.
Section 11. Qualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b)(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1991
does not exceed $10,000,000.
Section 12. Official Statement. The Official Statement relating to the
Bonds, dated December 4, 1990, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency*thereof.
-13- •
• Mayor
Attest:
City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
•
whereupon the resolution was declared duly passed and adopted.
-14-
•
CITY OF ST. ANTHONY
RESOLUTION 90-044
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY MANAGER TO SIGN THE PUBLIC SCHOOL INSPECTION
AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE
STATE OF MINNESOTA
WHEREAS, Minnesota Statutes emplower the State to develop a plan to inspect every
public school facility used for educational purposes once every three years;
and
WHEREAS, the St.Anthony Fire Chief has agreed that a representative of the St.Anthony
Fire Department will conduct said inspections within the City of St. Anthony
and in accordance with standards stated in the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are hereby
authorized by the City Council to sign the Public School Inspection Agreement
• between the State of Minnesota, Department of Public Safety-Fire Marshal
Division and the City of St. Anthony, on behalf of the City.
Adopted this day of December, 1990.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
INSTRUCTIONS FOR COMPLETING SCHOOL INSPECTION AGREEMENT
Attached you will find six (6) copies of the public school inspection agreement. Please follow
these instructions for filling out the agreement.
1. Complete the contractor information'in the first paragraph (department name, city name, and
address). This should be typed or legibly printed in ink.
2. Have all six copies of the agreement signed (under CONTRACTOR) by two persons who
are designated by the city to enter into agreements. Usually these persons would be the City
Manager, City Administrator, Mayor or someone in similar administrative positions.
3. Have the city's attorney or other appropriate legal counsel sign at the bottom of the signature
section.
4. Send all six copies of the signed agreement to the following by January 1S, 1991:
School Inspection Program
State Fire Marshal Division
285 Bigelow Building
400 N. Syndicate Street
St. Paul, MN 55104
5. After the agreement has been processed and signed by the appropriate state agency personnel,
copies will be sent to you for your records.
•
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
•
450 NORTH SYNDICATE STREET
ST. PAUL, MINNESOTA 55104
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
uniformity of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
WOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following inspection.
5. All variances to fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
1, 1993, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs
rst.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract -
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contracle
without the prior written consent of the State.
10. Liability. Contractor agrees to indemnify and save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfill its obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By: •
Title: City Manager Date:
Date: December 18, 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement.
Date:
By: •
Attorney for Contractor
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
450 NORTH SYNDICATE STREET
ST. PAUL, MINNESOTA 55104
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and -the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: A'ct of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
unifomuty of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
OW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following inspection.
5. All variances to fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
31, 1993, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs
first.
•
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract O
without the prior written consent of the State.
10. Liability. 'Contractor agrees to indemnify and save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfill its obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By:
Title: City Manager Date:
Date: December 18, 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement. -
Date:
By: O
Attorney for Contractor
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
• 450 NORTH SYNDICATE STREET
ST. PAUL, MII NESOTA 55104
PUBLIC SCHOOL LITSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
unifomuty of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
OD'd THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform,Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following, inspection.
5. All variances to fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
31, 1993, or until all oblieations set forth in this contract have been satisfactorily fulfilled, whichever occurs
�rSt.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract •
without the prior written consent of the State.
10. Liability. Contractor agrees to indemnify and save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfill its obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By: i
Title: City Manager Date:
Date: December 18, 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement.
Date:
By: •
Attorney for Contractor
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
450 NORTH SYNDICATE STREET
ST. PAUL, MINNESOTA 55104
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
uniformity of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
OW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following inspection.
5. All variances to fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
31, 1993, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs
first.
•
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract
without the prior written consent of the State.
10. Liability. Contractor agrees to indemnify and -save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfill its obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By:
Title: City Manager Date:
Date: December- 18 , 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
—
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement.
Date:
By: •Attorney for Contractor
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
450 NORTH SYNDICATE STREET
ST. PAUL, MINNESOTA 55104
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
unifomuty of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following inspection.
5. All variances to fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: .This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
31, 1993, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs
first.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final `
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract
without the prior written consent of the State.
10. Liability. Contractor agrees to indemnify and save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall.not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfill its obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By:
Title: City Manager Date:
Date: December 18, 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement.
Date:
By:
Attorney for Contractor
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
285 BIGELOW BUILDING
450 NORTH SYNDICATE STREET
• ST. PAUL, MINNESOTA 55104
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is made by and between the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the St. Anthony Fire
Department for the City of St. Anthony Minnesota (Contractor) address
2900 Kenzie Terrace, St. Anthony, MN 55418
WHEREAS, the State, pursuant to Minnesota Statutes: Act of April 27, 1990, Chapter 562, 1990 Minn. Laws
1633, is empowered to require that the state fire marshal develop a plan to inspect once every three years
every public school facility used for educational purposes.
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of
the city fire department will conduct all public school fire inspections within their jursidiction. To ensure
uniformity of enforcement throughout the state, these inpsections will be conducted in accordance with
standards stated in this contract, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth
herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
�. All public school facilities used for educational purposes within jurisdiction will be inspected by
contractor at least once every three (3) years. Inspections must begin during the 1990-1991 school year.
2. All public schools within contractor's jurisdiction will be inspected in accordance with the requirements
of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the policies of the State Fire
Marshal.
3. State Fire Marshal division will provide the necessary training for city fire department personnel
contacting to conduct these inspections.
4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must
be submitted to these authorities within seven days following inspection.
5. All variances to fire code orders must be approved by the State Fire ':Marshal.
6. Cancellation: This contract may be cancelled by the State, or Contractor at any time, with or without
cause, upon written notice to the other party.
7. Term or Contract: This contract shall be effective on November 1, 1990, or upon such date as it is
executed by the commissioner of Finance, whichever occurs later, and shall remain in effect until December
31, 1993, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs
first.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract
is Allen Rupp, Assistant Division Director - State Fire Marshal Division. (Such agent shall have final
authority for acceptance of Contractor's services and if such services are accepted as satisfactory).
9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract.
without the prior written consent of the State.
10. Liability. Contractor agrees to indemnify and save and hold the State, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by
Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies
Contractor may have for the State's failure to fulfillits obligations pursuant to this contract.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR: CITY OF ST. ANTHONY ATTORNEY GENERAL:
By: By:
Title: Mayor Date:
Date: December 18, 1990
COMMISSIONER OF ADMINISTRATION:
By: By:
Title: City Manager Date:
Date: December 18, 1990
COMMISSIONER OF FINANCE:
(Enc. Ctr. Authorized Signature)
STATE AGENCY OR DEPARTMENT:
(Authorized Signature) By:
By: Date:
Title:
Date:
I certify that the signatures for the contractor have lawful authority, by virtue of the city by-laws or a city
resolution, to bind the contractor to the terms of this contract agreement.
Date:
By:
Attorney for Contractor