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HomeMy WebLinkAboutCC PACKET 12181990 I Meeting Sheet I 103050 i i j' t I - is Box: 30 Folder: CC PACKETS 1990-1994 Document:. CC PACKET 12181990 I' f I.' I I i i j i I � I I I I I , 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