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HomeMy WebLinkAboutCC RES 68-045 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLLS STREET IMPROVEMENTS 1968- 1, 1968- 2, 1968- 5; STORM SEWER IMPROVEMENT RAMSEY COUNTY DITCH # 2, # 3 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIII IIII 105094 Box: 34 Folder: CC RES 1968 Document: CC RES 68-045 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLLS STREET IMPROVEMENTS 1968- 111968- 2, 1968- 5; STORM SEWER IMPROVEMENT RAMSEY COUNTY DITCH q 2, ti 3 RESOLUTION NO. 68-045A RESOLUTION DIRECTING THE ISSUANCE OF $960,000 IMPROVEMENT BONDS, CREATING .ACCOUNTS THEREFORE AND PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS AND AD VALOREM TAXES FOR THE PAY- MENT THEREOF RE IT RESOLVED by the Village Council of the Village of St. Anthony, Minnesota, as follows: 1 . The proposal of Piper, Jaffray & Hopwood, of Minneapolis, Minnesota, and associates, to purchase $960,000 Improvement Bonds of 1968 of the Village at a price of $950,035.20 and accrued interest and subject to the terms and conditions hereinafter set forth has heretofore been duly accepted by this body as the lowest and best bid for this issue. 2. Said bonds shall be donominated Improvement Bonds of 1968, and shall be dated October 1 , 1968. Said bonds shall be '192 in number and numbered from 1 • through 192, inclusive, in denomination of $5,000 each. Bonds maturing in the years set forth below shall bear interest from date of issue until paid or duly called for redemption at the rate per annum set opposite said maturity years res- pectively, as follows: Maturity Years Rate 1971 through 1978 4.30% 1979 through 1982 4.60% 1903 and 1984 4.70% 1985 and 1986 4.80°5 1987 through 1990 4.90% . -2- Interest 2-Interest on all of said bonds shall be payable on July 1 , 1969, and semiannually thereafter on each January 1 and July 1. Said bonds shall mature serially lowest numbers first, on January 1 in the amount of $60,000 in each of the years 1971 through 1977, $50,000 in each of the years 1978 and 1979, and $40,000 in each of the years 1980 through 1990. Bonds maturing in the years 1971 through 1979 shall be payable on their respective stated maturity dates without option of prior payment. Bonds maturing in the years 1980 through 1990 shall each be redeemable on January 1, 1979, and any interest payment date thereafter, in inverse order of serial numbers, at a price of 100-3/4 and accrued interest. Notice of call for redemption shall be given not less than 30 days prior to the date specified for redemption by publica- tion in a daily or weekly periodical published in a Minnesota city of the first class, which circulates throughout the state and furnishes financial news as a part of its service. Notice shall also be mailed not less than 30 days prior to the redemption date to the bank at which principal and interest are then payable, but published notice shall be effective without mailing. Both principal and interest on said bonds shall be payable at Northwestern National Bank, in Minneapolis, Minnesota, and the Village agrees to pay the reasonable charges of such paying agent. 3. Said bonds and the interest coupons to be attached thereto shall be in substantially the following forms UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY VILLAGE OF ST. ANTHONY • IMPROVEMENT BOND OF 1968 No. $5,000 KNOB! ALL MEQ! BY THESE PRESENTS that the Village of St. A nthony, a duly organized Village in Hennepin and Ramsey Counties, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of January, 19 , or, if this bond is prepay- able as stated below, on any date prior thereto on which it shall have been duly called for redemption, and to pay interest thereon at the rate of per cent ( %) per annum from the date hereof until said principal sum be paid, or if this bond is prepayable, until it has been duly called for redemption, being payable on July 1, 1969, and semiannually there- after on the 1st day of January and the 1st day of July of each year. Interest to maturity or prepayment is payable in accordance with and upon presentation and sur- render of the interest coupons appurtenant hereto. Both principal and interest are payable at Northwestern National Bank in Minneapolis, Minnesota, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for payment of public and private debts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing power of the Village have been and are hereby irrev- ocably pledged. This bond is one of an issue of bonds in the aggregate principal amount of $960,000, all of like date and tenor except as to serial number, maturity, inter- est rate and prepayment privilege, issued by said Village for the purpose of defray- ing the expenses incurred and to be incurred in constructing necessary local improve- ments in said Village, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council . The principal of and interest on this bond are payable primarily from the Improvement Bond Redemption Fund of the -i- Village, to %&M►ich fund the Village Council has appropriated special assessments and taxes levied for the payment of the cost of improvements financed by this bond issue, but the Village Council is required to pay the same out of any fund of the Village in the event that the assessments or taxes collected are at any time insufficient therefore . The bonds of this issue maturing in 1979 or prior years are not subject to redemption before maturity but those maturing in 1980 and later years are each sub- ject to redemption and prepayment at the option of the Village, on January 1 , 1979, and any interest payment date thereafter, in inverse order of serial numbers, and at a price of 100-3/4 of par plus accrued interest. All redemption of bonds prior to stated maturity shall be made upon notice of call for redemption given thirty days prior thereto by publication in a financial periodical published in a Minnesota city of the first class or its metropolitan area. IT IS I!EREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Kinnesota to be done, to hap- pen, to exist and to be performed precedent to and in the issuance of this bond have been done, have happened, do exist and have been performed in regular and due form, time and manner as so required; that, prior to the issuance hereof, the Village has levied special assessments upon property benefited by said improvements and has lev- ied a direct, annual, ad valorem tax upon all of the taxable property in said Village in the years and in aggregate amounts not less than 5% in excess of amounts required for payment of the interest hereon and the principal hereof as the same respectively become due; that additional general ad valorem taxes, if needed for the payment of such principal and interest, may be levied upon all of such property without limit- ation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of the Village to exceed any constitutional or statutory limitation of indebtedness. IN l!ITNESS WHEREOF, the Village of St. Anthony, Hennepin and Ramsey Counties, Minnesota, by its Village Council , has caused this bond to be executed in its behalf by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and by a printed facsimile of the official seal of the Village, and has caused the interest coupons appurtenant hereto and the certificate on the reverse side hereof to be executed and authenticated by the facsimile signa- tures of said Mayor and Manager, all as of October 1 , 1960. Mayor ATTES ` Vi lage Manager (SEAL) (Form of Coupon) No. $ • On the first day of July (January), 19 , the Village of St. Anthony, Hennepin and Ramsey Counties, Minnesota, will pay to bearer at , i n the City of the amount shown hereon in lawful money of the United States of America for interest then due on its Improvement Bond of 1965, dated October 1 , 1968, No. (Facsimile signature) (Facsimile signature ) Village Manager Mayor (Coupons numbered 21 and upward shall also include the phrase: "Unless the bond described below is called for earlier redemption".) (Form of certificate to be printed on the reverse side of each bond, X ollowing a full copy of the legal opinion on the issue) 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 Village of St. Anthony, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature ) (Facsimile signature) Village Manager Mayor 4. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the facsimile signature of the Mayor, attested by the manual signature of the Manager and the corporate seat shall be affixed thereto, and the interest coupons attached to said bonds and the certifi - cate on the reverse side thereof shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and Manager. then said bonds have been so executed and authenticated, they shall be delivered by the Trea- surer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sate heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price; provided that $3,535.20 or the purchase price and all accrued interest paid to date of delivery shall be paid into and remain in the Improvement Bond Redemption Fund hereinafter referred to. 5. This body has heretofore by Ordinance No. 59 duly created an Improve- ment riond Redemption Fund the provisions of which are applicable to these bonds as well as all other bonds issued pursuant to Chapter 429, Minnesota Statutes 1961 . There is hereby created or there has heretofore been created a special fund for each of the improvements listed paragraph 1 of the resolution adopted by this Council on August 19, 1965, entitled "Resolution Calling for the Public Sale of $960,000 Improvement Bonds of 196011, which funds shall be or are in the form "Fund for Improvement No. "; special assessments and taxes levied, and to be levied, with respect to each such improvement shall be credited to its im- provement fund as needed until the cost of such improvement shall have been fully paid. Out of the proceeds of the bonds issued hereunder there shall also be crediteC to such accounts such sums as are necessary, when combined with available funds from other sources, to pay the cost of each of said improvements. The fund of each im- provement shall be used solely to pay the cost and expenses of the making thereof, as such expenses are incurred and allowed, provided that excess sums, if any, in said accounts may be transferred in accord with the provisions of Ordinance No. 59. 6. The Village hereby covenants and agrees that it has done or will do and perform all acts and things necessary for the final and valid levy of special • assessments for the payment of the cost of each of said improvements, in no case les- then 100 % of the cost of the improvement to the Village, and all such assessments shall be or have been made payable in 10 equal installments except Improvement No. 1968-4, the assessments for which will be payable in 20 installments, and inter- est on the unpaid installments for all improvements will be payable at the rate of -5- 6% per annum, said installments having been spread or to be spread so that the first installment thereof is or will be collectible with taxes payable in the years 1968, 1969, or 1970. 7. For the purpose of providing, together with payments and prepayments of special assessments plus interest to accrue thereon, aggregate amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on eacil and all of the bonds herein authorized, there shall be and there is hereby levied a direct, annual, ad valorem tax on all the property within the Vil - lage, collectible in the years and in the amounts as follows : Collection Collection Collection Year Amount Year Amount Year Amount 1969 $29716.88 1976 549399.50✓/ 1933 $2,678.00 1970 5,173.50 1977 3,770.50� ' 1984 2,584.00 1971 5,044.50 1978 3,663.00 1985 2,488.00 1972 4,915.50 1979 3,04.00 1986 2,392.00 1973 4,786.50 1980 2,956.00 1987 2,294.00 1974 4,657.50✓ 1981 2,864.00 1988 2,196.00 1975 4,528.50/ 1982 2,772.00 1989 2,098.00 Said levies shall be irrepealable except as to the extent and in the manner provided for Minnesota Statutes, Section 475.61 and in Ordinance Flo. 59, and all collections thereof shall be credited as provided in paragraph 5 hereof. The Village hereby recognizes and reaffirms its pledge of the full faith and credit of the Village to the payment of these bonds. 8. The Clerk is hereby authorized and directed to file with the County Auditors of Hennepin and Ramsey Counties, a certified copy of this resolution and to obtain from said County Auditors a certificate setting forth the registration of said bonds in their registers in accordance with the provisions of Minnesota Statutes, Section 475.63, as amended, and stating that the tax required by law for the payment of said bonds has been levied. 9. 1lhen all bonds issued pursuant to this resolution, and all coupons appertaining thereto, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the bonds shall cease. The Village may discharge all bonds and coupons which are due on any date by depositing with the paying agent or agents for such bonds on or before that date a sum sufficient for the payment thereof in full ; or if any bond or coupon should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The Village may also discharge any prepayable bonds according to their terms,be depositing with the paying agent or agents on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided 'herein. The Village may also at any time discharge any issue of such bonds in its entirety, subject to the provisions of law now or hereafter author izing and regulating such action, by calling all prepayable bonds of such issue for redemption on the next date when they may be prepaid in accordance with their terms, by giving the notice required for such redemption, and by depositing irrevocably in . escrow, with a bank qualified by law as an escrow agent for this purpose, cash or _ securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing inter- est payable at such times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums to become due on all bonds of the issue on and before said redemption date. -6- 10. 6-10. The officers of the Village and said County Auditors are hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof certified copies of all proceedings and records relating to said bonds and to the financial affairs of the Village, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as other- wise known to them, and all such certified copies, certificates, and affidavits, in- cluding any heretofore furnished, shall be deemed representations of the Village as to the facts recited therein. Mayor ATTEST, _1_11_______'�- �/O "V "C C k Manager • RESOLUTION NO. 60-045 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLLS STREET IMPROVEMENTS 1965-1, 1963-2, 1960-53 STORM Sa,!ER IMPROVEMENT RA,MSEY COUNTY DITCH #2,3. '11EREAS, improvements were made by the Village of St . Anthony at the cost shown for the several projects as follows : Street Improvement 1963-1 - $97,645. 19 1 . 33rd Avenue N.E., Stinson Boulevard to the !lest property line St . Anthony High School . 2. Stinson Boulevard, 37th Avenue N.E. to Silver Lane. Street Improvement 1963-2 - $33,653. 16 1 . Kenzie Terrace, Stinson Roulevard to St. Anthony Ooulevard. Street Improvement 1963-5 - $4,000.00 1 . St. Anthony Doulevard, Stinson to Silver Lake Road cost. 2. St. Anthony Boulevard, Highway #3 to East Village Limits. Storm Sewer Improvement - $102,343.23 1 . Ramsey County Ditch #2, serving as an outlet to Silver Lake and Storm Sewer District #4 2. Ramsey County Ditch #3 serving as an outlet X01° �,iT- to Silver Lake and Storm Sewer District #4 NOW THE'FFORE RE IT RESOLVED that 100% of the cost of the improve- ments be specially assessed against the benefited property. The Village Clerk with the assistance of the engineer, shall calculate the amount to be specially assessed for the above improvements against every lot or parcel of land affected without regard to cash valuation and he shall file a copy of such proposed assessment in his office for public inspection. Upon completion of the proposed assessment roll, the Clerk shall notify the Council . Adopted this 27th day of August, 196 Mayor ATTEST: � k I\ Villa 9 i1lag Ierl< V 1 lage Manager