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HomeMy WebLinkAbout1973.06.11 CC Minutes JUNE 119 1973 MINUTES OF PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF HUGO 17; The meeting was called to order at 7:08 PM by Mayor Carlson. Roll was called: Carlson, Leroux, Bjorum, and Lease present. LaValle absent. The mayor reported that he had obtained traffic count maps from the Washington County Highway Department, and he then developed counts for the village to help decide on priorities in road projects. He had also prepared a list of villz3ge roads and their cars per day usage, cost estimate to upgrade, and traffic rank, which he explained to the council. Don Lease mentioned that he'd like to get a cost per mile maintenance and cost per mile construction estimate. He said that way you could plan much better. He would actually like to get a certain amount of mills put into a maintenance fund. Carlson stated the road budget for 1973 is $199392.04 and the estimated cost for road maintenance and repair is $29500.00. He said approximately $59000.00 from revenue sharing and a 1972 general fund carry-over would take care of the excess for the 1973 road plan. Motion made by Carlson, seconded by Lease that the council allocate $2500.00 for the following projects: 1. A. Geneva from Lake Blvd. to 145th. St. B. 145th St. from Geneva to Goodview C. Goodview from 145th St. to Egg Lake Road Total $400.00 2. 140th St. from Keystone to Lake Plaisted 4000.00 3. Goodview from 130th St. to 125th St. 1500.00 4. Elmcrest from 129th St. to end of road 2500.00 5. 155th St. from Irish Ave. to Ingersoll 2800.00 6. "180th. St. from Foxhill :to Fenway 900.00 7. 165th St. from Hwy #61 to Fenway 2000.00 8, Forest Road from 175th St. to 180th St, 1000.00 9. Ingersoll from Co. Rd. #4 to 172nd St. 3000.00 10, 177th St. from Harrow to Henna 1000.00 11. Janero Ave. No. from 122nd St. to Grant TWSP. 860.00 12, 125th St. from Goodview to Hilo 2000.00 13. 132nd St. from Harrow to Henna 1000.00 14, 132nd St. from Ingersoll to Isleton 1000.00 15. Ethan and 129th St. from Elmcrest to 126th St. 1000.00 24960.00 Motion carried. Pam Bjorum questioned whether money had been set aside for dust control., as she has had several complaints regarding same. Howard Kuusisto stated that $500.00 had been set aside for this. Regarding development of the central business district, Pam stated this probably would not happen until new business developes on the outskirts of town, as has happened in several other communities. Mayor Carlson stated it is very important to develope the business district to coincide with the comprehensive village plan. He plans to discuss the subject with the businessmen and will keep the council Jnformed as to his progress. Don Lease reported on the meeting held regarding the development of the Bald Eagle In du t- rial Park. Attorney Johnson, Engineer Kuusisto, Lease, LaValle, Ken Tschida, and some of the Industrial Park people attended. The Park people were told they would have to come up with approximately $25,000.00 in .order to hook up with the Metro Sewer Line. They will meet among themselves and report back to council. Dan Spitzer, vice chairman of the planning commission questioned whether building, permits could be given in the Industrial Park, and he was told these things should be granted on their own merits, and the commission should check the plans out carefully before ad- vocating anything. Recess called at 9:00 PM. Called back to order at 9:15 PM. JUNE 119 1973 8 Mayor Carlson reported he had driven over the Shadyside area with a representative of Northern States Power Co., and discussed where street lights could be placed. Motion made by Carlson, seconded by Lease to authorize the installation of fifteen (15) new street lights in the Shadyside area — See attached map. Motion carried. Clerk's office to notify N.S.P. Co. A letter was then read from the Hugo Businessmen's Association wherein they advocated the appointment of Clyde Rehbein as a member of the planning commission, and Dan Spitzer as chairman of same. Pam Bjorum put forth the name of Bob Rosenquist to fulfill Graham Anderson's unexpired term, and Mayor Carlson brought out the name of Jack Deveney, Dan Spitzer thought there might be some conflict if Devney were chosen, as he is an attorney. Carlson thought he'd be an asset, as he is expertoon reading ordinances. Dan Spitzer men— tioned the names of Jim Houle, and Vern Peloquin, as they also would be interested. Pam stated that Rosenquist had told her he was very willing to put time and effort into the commission if he were chosen. Motion made by Pam and seconded to appoint Bob Rosenquist to fill unexpired term of Graham Anderson on the planning commission. Motion carried. Clerk's office to notify Mr. Rosenquist he had been appointed and to get sworn in by the clerk. Spitzer mentioned the planning commission is meeting June 13th to draw up a zoning map with the help of Bob Eidem. On June 21st they'll meet -and go over the 1967 Washington County Model Zoning code, and on June 28th, the commission would like to meet in a work session with the council on the same subject. It was stated that the HUD Grant Agreement documents had been signed and sealed and should be sent out immediately. Motion made by Carlson, seconded by Bjorum to adopt Resolution #20, A Resolution Aughorizing Execution of Grant Agreement. Motion carried. It should be noted that a copy of the grant agreement documents is filed with the minutes of the June 11th meeting in the village clerk's office. A motion was made for adjournment, and Dan Spitzer spoke from the audience and questioned how long the planning commission was to run without a chairman. Mayor Carlson stated he hadn't planned on appointing a chairman until he saw how Spitzer and the commission worked out the comprehensive plan and the new zoning ordinance. He also stated that he didn't think the planning commission was running as smoothly as it should, getting as much work done as it should. Carlson said the ordinance committee and sewer and water committee had both done very good jobs, but he couldn't say the same for the planning commission. Spitzer stated he didn't think he had to prove his abilities at this late date, as he had a good record to stand on. He also said he wouldn't consider teing chairman now himself, as the mayor didn't feel he could do a good job. Lease and Bjorum felt the appointment should not wait any longer, and Lease wanted Spitzer to reconsider the possibility of the chairmanship if it is brought up at the next meeting. Regarding the John Elli subject, Howard Kuusisto is to try to locate sufficient monuments so fence can be taken down where the road should be. Motion made and seconded that Kuusisto find markers. Leroux abstained. Carried. Don Lease stated the fact that he'd like reports from village officers in sufficient time for council review before meeting. He said too much time is wasted on matters which could be reviewed beforehand. Motion made by Carlson, seconded by Lease to.,.authorize deputy clerk to have charge of all agenda items, which are to be in by the Wednesday before the meeting night. Motion carried. Motion.made and seconded to adjourn at 10:45 PM, Robert E. Burkard, Clerk �— City of Hugo ' C" 13507 30 •._ ��� Ate'. J 13 49j0 V 13304 LU 0 Z• Q /�� R 13000; t • � �v ��.M S N. W Q 112 28 7 Q Q J Q J Z to N m L��28rH - w ��ti� v �i ST. N 127 9—Q N. X 12 15 126 6— �2-6TH' 4889 O 469— 79 OD d' 46 -'- - tr W 4 29 - 125591 -4735LtJ '. ' Bid 12535 -%�. *1 125THST N. J2515 J 4759 4741 12493 , Nz N -. (i42,2-::) ST N. �I AB9 g ��� ? \2\\6 v' 122 12122— �'.r A U s12lsT ST-l�i.�.i \'�08� Z 12089 1� 12071—� .A rn o _ 12101 W 12056 0049� �'a MDQ p� 120TH ST. N. `t 12000-�- 12033 W z • OD OD M V, 0 �i G ' Z Q 1 `l ' 1,�(.•r( a• .,.I - •... ! i`.o- . NU me of (,:or:tce: V:1.Mage of Hugo,. )vfinnesota Project No. WSF—t431-05--00-01 48 dress:(inc1i:d 7..!P Code) Honorable Lynn Carlson Federal Contract No.119502)-8046 Eayor of the village of Hugo Hugo, MN .55038 THIS GRANT AGREEMENT doted as of Tuna. 1 1 : 1 q'jb3 and between The Village of Hugo. • Minnesota (herein called the"Grantee"), and the United Stites of America, Secretory of Housing and Urb%n Development (i.erein called the "Government"): N0'.'l, THEREFORE, THIS AGREEMENT WITNESSETH: . • That for and in consideration of the mutual promises hereinafter contained, the parties hereto do convenont and agree as follows: s Section 1. Amount and Pureose. Subject to the Terms and Conditions (Form HUD-41420 doted 9/72 )attached hereto end node a port hereof as Attochment A respectively and the revisions of this Agreement, the Government will make o Grant to the Grantee in on amount not to exceed $ 357,000 • or 50% percent of the Eligible Project Cost as deter- mined by the Government on completion of the Pro•Le-ct, whichever is the lesser, in order to aid in financing the Project hereinafter de- fined, presently estimated to cost $1,070,000.b0, . Section 2. Description of the Project. The project shall consist of Construction of sanitary sewers . • lift statiuus, Si..Oriii sewers, and extensions to the water distribution system. • • 'herein called the "Project"). . . Section 3. Government Field Expense. The amount of the fixed fee for Government Field expense referred to in Section 33 of attoched Terms and Conditions shall be $ 3.800.00 . Section 4. Reduction in Grant. The Government shall hove the right to reduce the amount of the Grant upon giving the Grantee written notice, if the Eligible Project Cost after oword of construction contract is determined by the Government to be less thsn the estimated cost upon which the stipulated amount of the Grant was based. Section S. Special Conditions. The Government's obligation to make the Grant is also subject to theSpeciol Conditions attached hereto and mode o part hereof os Attachment B IN WITNESS WHEREOF, this Agreement hos been executed in the name ondon behalf of the Grantee by the undersigned officials, and in the name and on behalf of Iht Government by the undersigned official. . • • • • (SEAL) VILLAGE OF HUGO, MINNESOTA FEST: �' • c_.y • -'r • .ate 8 r. ' ( ignoture) �, ' (Signature) / f . Robert E. Burkard, Village- Clerk ' (.::::::". Lynn W. Carlson, Mayor (Type Name and Title) (Type Nome and Title) 1 • June 11, 1973 . " • (Dote) 4 ' ' TED STATES OF AMERICA . SECRETARY OF HOUSING A;:DURBAN DEVELOPMENT . s fly fTitle Arca.Sirector Minneapolis—St. Paul Area Office . HUD-41421 (9-70) t•aevlr,us Emit ION is oosot.etc tiUG-Worh.. D.C. t; 77:7./it-P • • • • o: AN: ATTACHMENT "A" TERMS AND CONDITIONS Constituting Part of the Grant Agreement Providing for the Financing and Construction of Water or Sewer Facilities Under Title VII of the Housing and Urban Development Act of 1965, Public Law 89-117,August 10, 1965. Section 1. Definitions.—As used in these Terms and Conditions: "Government"means the United States of America. "Project" means the Water of Sewer Facilities covered by the Grant Agreement. "Grant Agreement" means the contract between the Government and the Grantee covering the • Project and includes both these Terms and Conditions and any other contract documents • attached thereto or made a part thereof. "Grantee" means the public entity or entities designated in the Grant Agreement. "Project Cost" means the cost of construction work for the Project, cost of necessary architecturaliengineering services, legal; adihiniatrative and clerical costs, cost of land acquisition, necessary travel expenses, interest during construction, and other necessary miscellaneous expenses. "Eligible Project Cost" means the cost of construction, of land acquired for the project,and of t site improvements,all as determined by the Government. "Depository" means a bank or trust company which is a member of the Federal Deposit • insurance Corporation. ' "Project Site" Means any of the land, rights-of-way, easements, or othet interests in land acquired by the Grantee in connection with the development of the site. "Secretary" means the Secretary of Housing and Urban Developttnent or his arithoriaed • representative. Section 2. Prerequisites to Govetement's Obliptiohs.—tie GovernMent•shall be Under rib obligation to disburse funds under the Grant Agreement if: • (a) Representations.—Any representation made by the Grantee to the Government in ediiietion • with the application,shall be incorrect or incomplete in any material respect,or the Government determines that the Grantee has failed to proceed promptly with Project tliiancing aK • construction. • ' > (b)• Concurrence by Governhiaatt.—the Grantee Miring submitted to the Governtlitin the t intihents • niaitioned in Section 16 Wed,*shalt have proceeded *Meth having been advised by the Government that the same are satisfactory;it being the pufpdte of this provision.to biotite that to action will be taken in the development or the erect wltlth would result in legal et andisidital violation reacting.it impossible for the Goveniinent to make the grant heredhder et for the F parties to accomplish the objects of the Agrielhent. (c) Prohibited Interests.--Any official air eaiplo ee of the Grantee who eatertises thy fisiittitins car responsibilities in connection with the castling out of the Project has think hit tenure at for < three years thereafter, an interest in any reel inropl ity included ib the project, or any tldant:lal interest, direct or indirect,in any conttaet ft pertaining to die poled.The bfatitle • Shah adopt and enforce webameintes ale ell's required by Section 3S of these Terms and Conditions to effectuate this provision. • 0e10-414a 174*PREVIOUS EDITION IS amoLETE ..r. • • . • • (J) ! :US-' '.. --1 .,:.,-. I, tti.n i-A.illj1:.1' 0 ,,_ . . .!.. Y ' pvrt:tinin.e : .0 l!'%t':• :It any (o1 i' du'.: '. r oi-ligations w1iiuli was// 1:‘3;.)7�d!.a ' id4vcr;ely affect the Prof=<:t or this Grant Agreement. (e) Perfoiimaacc.—Any event has occurred which makes the accomplishment of the Project by the Grantee impossible, improbable, infeasible,or illegal. Section 3. Grantee's Funds.—The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project Cost on or prior to the time that such funds are needed to meet project costs. Section 4. l gal Matters.—The Grantee shall take all actions necessary to enable it to finance,construct, and develop the project in due time,form and manner as required by law and the Grant Agreement. Section 5. Land Acquisition.—The Grantee covenants and agrees that in acquiring real property for the project it will be guided to the greatest extent practicable under State law by the land acquisition policies in Section 301 and the provisions of Section 302 of the "Uniform Relocation and Real Property Acquisition . Policies Act of 1970"and that it will comply with Sections 303 and 304 of said Act. Section 6. Job Opportunities for Un-and Under-employed—Applicant shall be responsible for assuring, in accordance with such rules or procedures as may be prescribed by the Government;that to the maximum extent practicable there are provided in connection with the construction of this project new job opportunities for the , unemployed and underemployed. In carrying out this responsibility applicant shall include or cause to be ... included in all contracts for construction work in connection with the Project a provision stating that the contractor (1) shall, to the maximum extent practicable, follow hiring and employment practices which will Y •`' .fit assure that performance of Project work results in new job opportunities for the unemployed and sc underemployed, and(2)shall insert or cause to be inserted the same or a similar provision in each construction subcontract. - : • J. Sections 7-8. (RESERVED) Section 9. Records of Negotiations.—The Grantee covenants and agrees that it will maintain complete and • accurate records of all negotiations and other actions affecting acquisition of any property in connection with the • Project and such records shall be available for inspections by representatives of the Government. Such records . shall be maintained in one place for a period of at least three years following completion of construction of the 4, Prof ia., ` Section 10. Disbursement of 'Grant Funds for Land Acquisition.—The Grantee may requisition disburse- i merits on account of grant provided in the Agreement for acquisition of land at any time after receipt of the >=" I: Agreement as needed to enable the Grantee to make payment as required under Section 5 above, provided (1) no impediment exists which would prevent carrying forward of the Project, and(2)the Grantee has a firm and g .binding commitment for its share of the Project costs,and(3)the cost of the land so acquired is acceptable to the Government. In the event the Project for'any reason is subsequently.abandoned, the Grantee covenants and agrees that it will repay any funds disbursed hereunder. Section 11. Grant Disbursements—the Grantee may requisition disbursements on account of the grant •., provided in the Agreement at any time. Such requisitions shall be accompanied by such.supporting data as the Government may require. The Government shall honor, subject to the provisions of the.Agreement, such requisitions in amounts and at times deemed.by it to be proper to insure the,expeditious prosecution and . .,. payment to the costs of the Project. All disbursements by the Government on account of grant provided in the . Agreement shall be deposited directly in the Grantee's designated depository.by the Government. No request for review of a determination of the Government affecting the grant payable under the. Agreement will be i considered unless such request is received by the Government not later than three'months'following notice to the 2 HUD 41420(7-72) • . '• .4 s: f.. • p;, •l• . 4tif ak,.• 7 l � :v r constructs Costs r .:. '.. :i') p.scent o! the grant _ono. ; .:ttied in the Agreement for Su.'. Liattl i:l er the ' Project has been como!e cd and audited, and the final glint amount determined by the Government. Section 12. Prerequisites to Disbursements.—Prior to the Government disbursing any portion of the grant except as provided otherwise in Section 10 above,the Grantee shall present satisfactory evidence that: (a) It has obtained, or can obtain, all land, rights-of-way, easements, permits, franchises, Federal, State, County, and Municipal approvals required in connection with the construction and operation of the Project, including approval of the final plans and specifications by the appropriate State authorities; (b) It has the funds or a firm binding commitment to provide its shares of the Project Cost; (c) It has deposited into the designated Account, any portion then available of the funds to be furnished by the Grantee to meet its share of the Project Cost and that it will promptly deposit any remaining portion of its share of the Project Cost in order that all payments in connection with the Project can be made as the same become due; (d) The Project can be completed at a total cost satisfactory to the Government which will be within the amount of funds available therefor;and (e) It is able to provide or obtain the provisions of all necessary building or household connections and local collection or distribution laterals as determined by the Government from sources other than grant funds hereunder. • t Section 13. Construction Account.—The Grantee shall establish and maintain with a designated Depository, a.. or a fiscal agency of the Grantee fixed by law, a separate account or accounts (herein collectively called the •"Construction Account) into which shall be deposited any temporary loans, Government grants, and the additional funds required by the provisions of the Grant Agreement to be furnished by the Grantee in order to t_ assure the payment of all Project Costs. Moneys in the Construction Account shall be expended only for such purposes as shall have been previously specified in the Project Cost estimates approved by the Government.The • Grantee shall pay all Project Costs from the Construction Account. Moneys in the Construction Account shall be secured by the Depository in the manner prescribed by statutes relating to the securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Grantee may direct the Depository • to invest such excess funds in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States Government, which shall mature not later than 18 months after the date of such investment and which shall be subject to redemption at any time by the holder thereof. After completion of construction and payment of all costs of the Project, any balance in the Construction ..`. Account shall remain therein pending determination by the Government of the total Project Cost and the grant. Such balance shall be used to refund promptly to the Government any overpayment made with respect to the grant;any amount thereafter remaining shall be available for disposition by the Grantee in accordance with its other contractual agreements,applicable State or local law or other governing conditions. Section 14. Prompt Procedure - Economic construction.—The Grantee covenants and agrees that it will • proceed promptly with all matters necessary to the financing and the development of the Project; and that the Project will be undertaken and developed in such manner that economy will be promoted in such development and in the construction work. Section 15. Approvals and Permits.—The Grantee shall obtain approvals and permits required by law as a condition precedent to the acquisition,construction,development,and operation of the Project. 3 • M!D-41420(7-72) • * .,‘ • F tf cect:oi 1:)t,it ,. , .,; rrocecdings, Contract : tither lioLu!nrnts.•— the Ciranct. ,i,:ti submit to the Governm.nt such :lata, r...oca'ts, records and documents relating to the financing, construction, and operation of the project as the Gov,rkinient may require. Approval of the Government must be obtained prior to the assignment of any interest in or part of any contract relating to the Project. Section 17. Construction by Contract.—AH work on the Project shall be done under contract and every opportunity shall be given for free,open and competitive bidding for each and every construction, material,and equipment contract. The Grantee shall give such publicity by advertisement or calls for bids by it for the furnishing to it of work, labor, materials, and equipment as required by applicable law and as will provide adequate competition;and the award of each contract therefor shall be made,to the lowest responsible bidder as soon as practicable: Provided, that in the selection of equipment or materials the Grantee may, in the interest of standardization or ultimate economy, if the advantage of such standardization or such ultimate economy is clearly evident, and if permissible under applicable local law, award a contract to a responsible bidder other than the lowest in price. The Grantee shall prior to the award of a contract, obtain verification from the Government proposed contractor is not debarred from participating in Federally assisted construction activities. • Similar verification is required for subcontracts relating to the Project. Section 18. Changes in Construction Contract.—Any change in a construction contract shall be submitted to the Government. Section 19. Contract Security.—The Grantee shall require that each construction contractor shall furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a payment bond in an amount not less than 100 percent of his contract price or in a penal sum not less than that prescribed by State, territorial, or local law, whichever is greater as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond and the payment bond may be in one or separate instruments in accordance with local law. Section 20. Insurance During Construction.—The Grantee shall require that each of its contractors and all subcontractors maintain during the life of his contract, Workmen's Compensation insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, in amounts and on terms satisfactory to the Government. Until the Project is completed and accepted by the Grantee, the Grantee or (at the option of the Grantee) the contractor is required to maintain Builders Risk Insurance(fire and extended coverage)on a 100 percent basis (completed value form) on the insurable portion of the Project for the benefit of the Grantee the prime contractor,and all subcontractors,as their interests may appear. :. Section 21. Wage Rates.—The Grantee shall comply with the provisions of the Act of March 3, 1931 (Davis-Bacon Act, 40 USC Sec. 1276), as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Grantee shall cause to be # inserted in each contract or subcontract subject to the Davis-Bacon Act the specific provisions required by the regulations of the Secretary of Labor. Section 22. Contract Work Hours.The Grantee shall comply with the provisions of the Contract Work Hours Standards Act(40 USC secs. 327-332)and the applicable rules and regulations issued by the Secretary of • Labor thereunder which are incorporated herein by reference. The grantee shall cause to be inserted in each contract or subcontract subject to the Work Hours Standards Act the specific provisions required by the above • regulations. Section 23. Copeland Act.—The Grantee shall comply with the provisions of the Act (Anti-Kickback). 48 Stat. 1948, as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Grantee shall cause to be inserted in each contract op subcontract subject to the Copeland Act the specific provisions required by the above regulations. 4 HUD-41Q0(7—n) • J • • • • ti • Section 24. Payment o1 i.mploy.es.--The Grantee•,h.A equ;r: of its contractors that a61.1, ;::• eyes engaged in work on the Project be paid to full (less deductions made mandatory by law) not less often than once each week. • Section 25. Accident Prevention.—The Grantee shall require of its contractors that precaution shall be exercised at all times for the protection of persons (including employees) and property, and that hazardous conditions be guarded against or eliminated. Section 26. Supervision and Inspection.—The Grantee shall provide and maintain on its own behalf competent and adequate architectural or engineering services covering the supervision and inspection of the development and construction of the Project. Section 27. Civil Rights Act of 1964.—The Grantee covenants and agrees that it will comply with Title VI of the Civil Rights Act of 1964(40 USC 2000d), and with the rules and regulations(24 CFR,Subtitle A)of the Department of Housing and Urban Development issued pursuant thereto. Section 28. Payments to Contractors.—Not later than the fifteenth day of each calendar month the Grantee shall make a partial payment to each construction contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work covered by the particular contract a reasonable amount, • specified in the contract,sufficient to insure the proper performance of the contract. Section 29. Inspection of Work and of Record: Maintenance of Records.—The Grantee shall require of its 1 contractors that the Government's authorized representatives be permitted, and it will itself permit them to . inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and ;a records appertaining to the development of the Project. The Grantee shall maintain proper and accurate financial records,books and accounts pertaining to the grant and the development of the Project that will readily disclose (1) relocation costs, (2) eligible and ineligible construction costs, and (3)other Project costs,and shall ' permit the Government's authorized representatives to examine such books, records and accounts including _ ` •weekly contractors payrolls.The Grantee agrees to maintain all of the aforesaid data;records and invoices in one place for at least a period of three years following completion of construction of the Project. . . -F Section 30. Signs.—The Grantee shall cause to be erected at the site of the Project,and maintained during construction, signs satisfactory to the Government identifying the Project and indicating the fact that the Government is participating in the development of the Project. 0s., Section 31. Audit.—The Grantee shall contract at its own expense for an audit of the Project'by an = A tiecesary casemen► .:cq. hy condemnation or . .► :,::t,ket value shall not be considcr:.d .:n ::►tctest in real property within the meaning of this section. Section 34. Interest of Third Parties.—The Government shall not be liable or obligated under this Agreement to any party other than the Grantee. Section 35. Interest of Members of or Delegates to Congress.—No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 36. Bonus or Commission.—By execution of the Agreement, the Grantee represents that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of obtaining an approval of its application for the grant hereunder, or any other approval by the Government which may be necessary under this Agreement. Section 37. State or Territorial Law.—Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law: Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law,or if compliance with the provisions of the Agreement would require the Grantee to violate any applicable State or territorial law, the Grantee will at once notify the Government in writing in order that appropriate changes and modifications may be made by the Government and the Grantee to the end that the Grantee may proceed as soon as possible with the construction of the project. Section 38. Waivers.—Subject to the applicable Federal law, any liability or remedy which the Government • may have under this Agreement may be waived in writing by the Government by a formal waiver and either with or without the execution of any amendatory or supplementary agreement, if in the opinion of the Government this Agreement as so modified will still conform to the provisions and requirements of applicable laws.However, in no event shall the making by the Government of any grant payment to the Grantee constitute or be construed as a waiver by the.Government of any breach or any default which may then exist on the part of the Grantee, including but not limited to noncompliance with any of the prerequisites set forth in Section 2 hereof. The making of any such payment shall in no way impair or prejudice any right or remedy available to the Government with respect to such breach or default. Section 39. Termination or Suspension of the Agreement.—The Government may terminate or suspend this Agreement upon the violation of of the terms or conditions of this Agreement. The Government shall not be limited to recovery of all or part of the grant for any such violation, but shall also be entitled to injunctive or other equitable relief as appropriate. Section 40. How Agreement Affected by Provisions Being Held Invalid.—If any provisions of this • Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if it is in conformity with the terms and requirements of applicable laws. . Section 41. Operation, Sale,or Disposal of the Project.—The Grantee covenants and agrees that: (a) It will operate and maintain the Project,or provide for the operation and maintenance thereof,to serve the objects and purposes for which the grant has been made available under Federal law and the terms of the Grant Agreement. (b) It will not sell, lease, or otherwise dispose of the Project or any portion thereof without prior written approval of the Government. Such approval will be based upon such conditions as the Government deems appropriate and may include repayment of all or part of the grant. I 6 HUD-41420(7n) • 0 a,: • 4. . . R•. not Itrnitc.t • 0,11-1.of the :•-,• -I, (fl' this Section, but i. h also entttl.:.d to injunctive tir o.6.sitablc relict*as appropriotf:. -- I 7 HUD-41120(7-n) (4. ;.,k,• ATCAC11Mti'1' B SPECIAL CONDITIONS Project No. 101140450004149 Applicant : Villa. atweb mammssota The following Special Conditions are made a part of the Grant Agreement for the above-numbered Project: Section 1 - Section 27. Equal Employment Opportunity of the Terms and Conditions relating to contracts subject to Executive Order No. 11246 is hereby changed to require the Applicant to substitute in any contract for construction or modifica- tion thereof executed after October 13, 1968, the words "race, color, religion, sex, or national origin" wherever the words "race, creed, color, or national origin" are now required to be used. • Section 2 - Applicant shall be responsible for assuring, in accordance with such rules or procedures as may be prescribed by the Government, that to the maximum extent practicable there are provided in connection with the construction of this Project new job opportunities for the unemployed and underemployed. In carrying out this responsibility Applicant shall include or cause to be included in all • contracts for construction work in connection with the Project, a provision stating that the contractor (1) shall, to the maximum extent practicable, follow hiring and employment practices which will assure that performance of Project work results in new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same or .a similar provision in each construction sub-contract. ala .. erMllWarrld;� » the �s1 bah se it 0• 1r at ee. and thl- �r Weed thus s ti h !� eetheitiee :�aeateiat besndle. Mar to dtoburisseit et ss. et the N i *Wens t hee end t�/Wisesti iwd Oen darer Ito show at the total out at the eddies roles% smi that lisevcre timet AM web elder tasks a. X11 be esseeesey hoar Des to the dim si eseespoetbas 1 • 1 • 1 • A • • • • • • frkSOLi.i : •3i'.; Mis HORli iiia EXE,:.:;; i4 S CF' GEAN i AG :=cr .Cts i WHEREAS '1,1' i ii' l' S.''ta (Legal (corporate)Nume of Applicant, the "Applicant") has heretofore submitted an application to the United States of America, Department of Housing and Urban Development (the "Government") for a grant under Section 702 of the Housing,i0p0an level e c of 1965, as amended, to aid in financing a certain public works identified as Project No " '~ �� and WHEREAS, the Government has approved the said application and has submitted to the Applicant a certain Grant Agreement (the "Agreement") for approval and execution by the Applicant, which said Agreement is satisfactory, NOW, THEREFORE, BE IT RESOLVED BY THF Vit]age Council Mlle of Governing Body) of the Applicant, that the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Village Clerk is hereby authorized and directed to execute the said Agreement in the name (rirte of Officer) and on behalf of the Applicant, in as many counterparts as may be necessary,and the Vi 11 a erp C 1 Ark r (71<rle of Officer) is hereby authorized and directed to affix or impress the official seal of the Applicant thereon and to attest the same. The proper officer is directed to forward the said executed counterparts of the said Agreement to the Government, together with such other documents evidencing the approval and authorization to execute the same as may be required by the Government. • CERTIFICATE 1, the undersigned,hereby certify: (1) that I am the duly appointed,qualified and acting , Vi 11 a gm Clerk of the Applicant designated in the foregoing Resolution Authorizing Mlle of Recording Officer) q execution of Grant Agreement; (2)that I am the custodian of the records of the Applicant including the records of id; Governing Body designated in the Resolution; (3) that the above copy of the Resolution is a true and correct copy of the said Resolution as adopted at a duly authorized meeting of the said Governing Body held on Tip„,e 11 9?3 and on file and of record; (4) that the said meeting was duly convened and field in accordance with all applicable laws and regulations, that a legal quorum was present throughout the meeting,that a • legally sufficient number of members of the said Governing Body voted in the proper manner for the adoption of the said Resolution,and that all other requirements for the proper adoption of the said Resolution were fully observed;and (S) that no action has been taken by the said Governing Body or the Applicant to reconsider,amend or rescind the said .,^ Resolution. IN WITtIESS WHEREOF, I have hereunto setAgy hand and the seal of the Applicant this 11th -' day of dune 19 -14 • (SEAL) Robert E. Burkard (Type Neese) • HUO.41423(3.71) Previous Edition is Obsolete MUD—Mesh.,D.C. 257521—P 1 } • 1 • r •lip4/1. Wot..a G•,:! *'/•9•,s. ! .'II..!tit. tian. PitoWO.» • ..r, ,..c�.l... .__. _ P.oiea No. . I It�U�J {J � 1`:F , � I • >I r:I r 1 • J' GENERAL CERTIFICATE E. DO HEREBY CERTIFY +:,.lies: r i i 111 th^ oily appointed, qualified, and acting Vi ]1:'.ge Clerk of the _ ._ i i 1 r f.e of Hugo. Minnesota therein colied the "Applicant") In such capacity, I om custodion of its records and om familiar with its organization, membership, cnd o:trvltoes. 2 The proper and correct corporate title of the Applicant is 11 a ere of $u To. Minnesota iota 3. The Applicant was duly created pursuant to the authority of the Constitution and statutes of State of Minnesota , including, particularly, and was duly organized on the n rl cloy of .:ep 1.• 19ud; and, since the date of its organiza- tion, the Applicant has continued to exist without interruption in the performance of its public corporate purposes. 4. The names and dotes of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Applicant and of its principal officers ore as follows: Dot.of Oat*of Qat.of • Election of Cenweewcea/.M of Eapi.etiev of Neel.and Offices) APPoivtw.vt Toon of Office Term of Office (Whore ewe Poison soiws in were if...eve capacity, ln/icst.deo**p.rteinioe to eeclt presides.) • Lynn W. Carlson Nov. 2, 1971 Jan. 4, 1972 Dec. 31 , 1973 'jay • Pamela BjorumNov. 2, 1971 Jan. 4, 1972 Dec. 31, 1974 uounci.i.man-wars Irene Leroux Nov. 2, 1971 Jan. 4, 1972 Dec. 31, 1973 councilman-wara Donald Lease Nov. 7. 1972 Jan. 2, 1973 Dec. 31, 1975 Councilman At Large Mervin LaVal1c Nov. 7. 1972 Jan. 2, 1973 Dec. 31. 1975 Counc+i 1 man Wart 1 S. Each of the above-nomad officers required to do so hos duly token and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by • law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. • 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. 7. Since March 27,, 19 72, there have been no changes in or amendments to the charter, by-lows, orGinonces, resolutions, or proceedings of the Applicant with respect to: (a) Time, place, and other provisions concerning regular meetings. • (b) Manner of calling and holding special meetings, and business which may be conducted of such meetings. (c) The requirements concerning a quorum. (d) The manner of amending charter or by-lows. (e) Requirements regarding introduction, passage, adoption, approval, and publication of resolution, ordinances, or other measures relating to approval and execution of contracts and authorization, award,execution, or rssuonee of bonds, notes, or other obligations. f) C t,Cer: resV,re_ ,:> o Cc..•riTe�s: n, or ai1e.`.. ,:r, .� � ti:faC7 , sir:.. 7:C*. S, C'..; C.i,t ry (',�1• 71, (.9) 7r,• off:cc of tnc App.'•ic.ar,1. (h) Tr',e .co; of the ;•.F.p;,c ant, ewcept as follows: t ' t , { (Mere list all exceptions and attach certified extracts of the minutes of proceedings reloting no exceptions, so state.) 9 ng :hr,cto, if there r 8. The seal impressed below, opposite my signature, is the dulyadopted, proper, and only officio' corporate seal o:the Applicant. IN WITNESS WHEREOF : hav,.ertt into set my hand and the duly odopted official seal of the Applicant this 11th doy of June , 19 E i } Vil]age Clerk J (SEAL) I t tt i I •• • • t p r 1 1 HUD-Wash., D. C. MUD•11424 113.!6, --- S D'PARTMENT OF" HOU`.'NG AND URBAN ^EVEL:)PMEt:T Woter and Sewer Facilities Gront Program Nome of Appl,cont• Protect No. Villa's of logo, Niaa.sota WIT-I41-01-00-01411 OPINION AND CERTIFICATE OF COUNSEL ACCOMPANYING GRANT AGREEMENT 1. We the undersigned, counsel for rillaqs of auge. Niaas ota (Nome of Applicant) have examined the record of all proceedings, including, particularly, that certain resolution adopted on the 111-tday of_AMP , 19.1, by the Applicant, relative to the auth- orization, approval, and execution of that certain Grant Agreement referred to therein and numbered a(sea)-90116 , by and between the Applicant and the United States of America (herein called the "Gov- ernment"). We have also examined the counterparts of the Agreement as executed on behalf of the Applicant. 2. It is our opinion that: (a) Said proceedings hove been taken, said resolution hos been adopted, and the Grant Agreement hos been executed on behalf of the Applicant by its proper officials, in form, manner, and otherwise as • authorized by law. (b) When each of said counterparts of the Grant Agreement shall have been duly executed by the Government, said Grant Agreement will constitute a valid, binding, and legal agreement between the aforesaid parties thereto in accordance with its terms. 3. WE DO HEREBY CERTIFY THAT: (a) None of said proceedings and no authority for the authorization, execution, and delivery of the Grant Agreement hove or has been repealed, rescinded, or revoked, and said resolution is in full force and effect. • (b) No litigation of any nature is now pending or threatened (in either State or Federal courts) restraining or enjoining the Applicant's execution of the Grant Agreement or in any manner questioning or affecting the validity thereof or of the proceedings aforesaid, and neither the corporate existence nor the legally prescribed area of operation of the Applicant nor the title of its present officers to their respective offices is being contested. (c) To the date hereof, no hos been enacted durin e resent of the Legislature of the of if now in session, or during the lost session of such Legislature, if adjourned sine die less that six months ago, which affects the organization of the Applicant or its power or authority to finance, undertake, or carry out the Project contemplated by the Grant Agreement in accordance with the laws pertaining thereto in effect prior to the convening of such session of the Legislature. • This 11th . day of ^ 3 • • 19 73 . • Attorney/or: • Village et Mule, *teras ets Nome o/Applicant 124345.P HUD-wash., D.C. :t: I . - -._. 3 1 h',.4.r q,t-! Se...r, i u: I•tICS (....f;PT i4, , ; • 1 '« I ?lmnr• of Ao^It7n •-_•---_ _ _ . __. _-.--------_-__-_. -----' -P.o . f et No. - 1 i. • '11 '., ;,ii;1n e S o a .:j h'._?IJ+—(.:'..- 0—'.)7.148: �) i CERTIFICATE OF RECORDING OFFICER The Undersigned HEREBY CERTIFIES that: i. He is the duly appointed, qualified, and acting Village Clerk of the Vii lage or tiu?O - (herein called the "Applicant"), and keeper of the records thereof, including the minutes of its proceedings; 2. The annexed copy of extracts from the minutes of the Tune 11th Village Council ,meeting of the Applicant, held on the 11;11 day of June , 19.:_z-i'‘, is a true, correct, and compared copy of the whole of the original minutes of said meeting on file and of record insofar as the some relate to the ( resolution referred to in said extracts and the other matters referred to therein; 13. Said meeting was duly convened in conformity with all applicable requirements; a proper quorum 1 was present throughout said meeting and the resolution hereinafter mentioned was duly proposed, con- sidered, and adopted in conformity with applicable requirements; and all other requirements and proceed- ; ings incident to the proper adoption of said resolution have been duly fulfilled, carried out, and otherwise observed; 4. He is duly authorized to execute this Certificate; and • S. The copy of the resolution annexed he et entitled Resolution 20, A Resolution • • P.uthcriZ].n Execution or Gran A?reement I rt i • 1 is a true, correct, and compared copy of the original resolution referred to in said extracts and as finally adopted at said meeting and, to the extent required by law, os thereafter duly signed or approved by the proper officer or officers of the Applicant and duly published, which resolution is on file and of record: • WITNESS my hand and the seal of the Applicant, this 11th day of June , 19 7''. 1 - /- ;:--4-1 .9/4-.4 fi/--/-.= (---- — -- village Clerk a` &. ,,- 1 1.r ., 724346-P HUD•Wosh., D.C. I p t _ - — - _._-. .__.-._- .. _-^--"-T�-'--- - -