Loading...
#142 05-15-62 Issue Water Improvement Bonds A & BL Resolution No. 142 May 15, 1962 Member Flannagan then introduced the following resolution and MOVED its adoption: RESOLUTION AMENDING "RESOLUTION AUTHORIZING ISSUANCE AND PROVIDING FOR THE FORM AND DETAILS OF $2,600,040 WATER IMPROVEMENT BONDS OF 1062, SERIES A AND B, AND LEVYING AD VALOREM TAXES AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF", ADOPTED MAY 10, 1962 BE IT RESOLVED by the Council of the Village of Golden Valley, Minnesota, as follows: That certain resolution adopted by the Village Council May 10, 1962, entitled "Resolution Authorizing Issuance and Providing for the Form and Details of $2,600,000 Water Improvement Bonds of 1962, Series A and B, and Levying Ad Valorem Taxes and Appropriating special Assessments for the Payment Thereof" is hereby amended by striking the entire text thereof and substituting in lieu thereof the following language: 1. This Council has investigated the facts necessary to ascertain, and does hereby find, determine and declare that the Village of Golden Valley has duly determined, after public hearing as required by law, the necessity of the construction of each of the improvements described below and the area proposed to be assessed therefor, tnd has ordered, received and approved plans and specifications and entered into contracts therefou after due advertiesement for bids; that the total benefits resulting from each of said improvements to the lots and tracts of land subject to assess- ment therefor and to the Village at large will be not less than the total cost of such improvement; that the total cost of each of said improvements, including all expenses incurred and to be incurred from its inception to its completion and all fees and expenses in connection therewith, is es- timated to be not less than the amount set opposite the designation of such improvement in the following tabulation: Date Date Con- Estimated Name of Improvement Imp. Ordered tract Awarded Cost Project No. 62 W.M.T* February 13, 1962 February 13, 1962 $2,200,000 and March 6, 1962 and March 20, 1962 Lateral Water Main Improvement No. 62 AM. February 13, 1962 February 13, 1962 $400,000 Nos. 4. 6, 7, 8, 10, 13, 16, 18, 19, 22, 23, 32, 33, 35, 37 & 39 that it is necessary and expedient for the Village to borrow at this time the sum of $2,200,000, for the purpose of paying all of the expenses in- curred and to be incurred in connection with the above-mentioned improve- 3 1- 3 14 Resolution No. 1142 (Continued) May 15, 1962 ments, by the issuance of general obligation improvement bonds in accord- ance with the provisions of Minnesota Statutes 1957, Section 1429.091; that such bonds have heretofore been duly sold to PIPER JAFFRAY AND HORIGOD: JURAN : MOGDY, INC. ,OF MINNEAPOL MI OTA, .� and associates, and shall forthwith be issued and delivered o said pur- chaser; that the "00,00 bonds of Series B hereinafter authorized shall be payable from the Improvement Bond Redemption Fumd created by Current Ordinance No. 28 of the Village, adopted on January 21, 1958, which ordinance is by reference incorporated herein and made a part hereof, while the $2,200,000 bonds of Series .A. hereinafter authorized shall be payable from a separate sinking fund hereinafter created; and 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 the issuance and sale of said bonds have been done, do exist, have happend and have been performed in due form, time and manner as so required. 2. A separate fund is hereby created and shall be maintained for said Lateral Water Main Improvement No. 62, to be known and designated as the "Lateral Water Main Improvement No. 62 Fund." The proceeds of sale of the Series A improvement bonds herein authorized shall be credited the proceeds of sale of additional improvement bonds which may hereafter be authorized for the purpose of paying the expenses of maki4g said im- provement, and such available moneys of the Village which may hereafter be appropriated thereto by the Council all as may be directed by further resolutions of the Council. 3. There is hereby also created a special fund to be designated as the "Project No. 62 W.M.T. Improvement Fund," to be held and administered by the Village Treasurer separate and apart from all other funds of the Village. Said fund shall be continued and maintained in the manner here- in specified until the bonds of Series A hereinafter authorized, and in- terest thereon, have been fully paid. The proceeds of sale of Series A bonds and the collections of special assessments and general ad valorem taxes levied for said Project No. 62 W.M.T. Improvement, and any other moneys appropriated to said fund by the Village Council, shall be credited and paid to said fund, and shall be used solely to defray the expenses of making said improvement and to pay principal of and interest on said Series A bonds; provided, however, that if additional bonds are issued to finance said improvement, the proceeds of their sale shall be credited and paid to said fund, and the moneys therein shall also be used to pay principal of and interest on such additional bonds. Upon completion and payment of all costs of making said improvement, said fund shall not be discontinued, but thereafter maintained as a special sinking fund for the payment of said aeries A bonds, in accordance with Minnesota Statutes, Section 1475.61, as amended. 14. It is hereby determined that not less than $700,000 of the cost of Project No. 62 W.M.T. and $1400,000 of the cost of Lateral Water Main No. 62 Improvement shall be paid by the levy of special assessments upon all assessalbe lots and tracts of land lying within the assessable areas heretofore specified in the respective resolutions ordering said improve- ments, based upon the special benefits received by each such lot and tract. 15 - Resolution No. 142 (Continued) May 15, 1962 The Village hereby covenants and agrees that it will do and perform, as soon as may be, all acts and things necessary for the final and valid levy of said special assessments. In the event that any such assessment be at any time held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or by this Council or by any of the Villages officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the Village hereby convenants and agrees that it will forthwith do all such further acts and tkke all such further proceedings as shall be required by law to make such assess- ment a valid and binding lien upon said property. Said assessments shall be payable in 20 equal, consecutive, annual installments; and the first installment of all said assessments shall be certified to the County Auditor for collection with general taxes for the year 1962, and the remaining installments of said assessments shall be certified for collection with the general taxes for each subsequent consecutive year until the assess- ment is paid. To the first installment shall be added interest at the rate of 6% per annum on the entire assessment from the date of the resolution levying the assessment until December 31 of the year in which the first installment is payable. To each subsequent installment shall be added in- terest at 6% per annum for one year on all unpaid installments. 5. The full faith and credit of the Village shall be and is hereby pledged to the prompt and full payment of said bonds and the interest thereon. Each and all of the provisions of said Ordinance No. 28 of the Village and of this resolution shall constitute convenants for the security of the holders from time to time of said Series B bonds. It is estimated that the collections of said special assessments agreed to be levied in paragraph 3 above for Lateral Water Main No. 62 Improvement will produce sums not less than 5% in excess of the amounts needed to pay principal and interest of the bonds of Series B when due, in accordance with the pro- visions of Minnesota Statutes, Section 475.61. 6. It is hereby determined that the remainder of the cost of said Project No. 62 W.M.T., not paid by collections of said special assessments, shall be paid from general ad valorem taxes levied on all of the taxable property in the Village, and that said portion of the cost will not exceed the total benefits to be conferred by said improvement upon the Village at large. To provide moneys for the payment of such portion of the cost, there is hereby levied upon all of the taxable pr6perty in the Village a direct, annual, ad valorem tax, which shall be spread upon the tax rolls for the years and in the amounts stated below, said levies to be collected together with and as a part of other general property taxes in the re- spective ensuing years: Year Amount Year Amount 1962 $151,100 1973 $93.800 1963 107,000 1974 92,000 1964 116,100 1975 100,700 316 Resolution No. 142 (Continued) purpose of paying May 15, 1962 Year Amount Year Amount 1965 $1142300 1976 3 98,500 1966 128000 1977 96000 1967 126,000 1978 96,000 1968 1232700 1979 91,800 1969 100,400 1980 89,500 1970 99,800 1981 87,200 1971 97,200 1982 1191900 1972 95,500 .- as follows: Said taxes shall be irrepealable as long as any of said bonds of Series A are outstanding and unpaid; provided, that the Village reserves the right and power to reduce said levies by the amount of any moneys irrev- ocably appropriated to and actually paid into the Project No. 62 W.M.T. Improvement Fund, other than the taxes and assessments herein pledged to said fund, in accordance with the provisions of Mnnesota Statutes, Section 475.61, as amended. 7. For the purpose of paying costs of said improvements and in anti- cipation of the collection of said special assessments and taxes, the Village shall forthwith issue its negotiable coupon general obligation Water Improvement Bonds of 1962, Series A and B, in the principal amount of $2,200,000. Said bonds shall be dated as of May 1, 1962, each in the denomination of $1,000. The bonds of Series A shall be 2,200 in number, numbered serially from 1 to 2,200, and the bonds of Series B shall be 400 in number, numbered serially from 1 to 400. The bonds of each series shall mature in order of serial numbers, on February 1, in the years and amounts set forth below, the bonds of the various maturities to bear interest at the rate per annum set forth opposite such respective maturities, as follows: Series A Series B Year Amount ��n erest Rate Year Amount Interest Rate 1964 $55,000 3.50% 1964 $25,000 3.50% 1965 95,000 3.50% 1965 25,000 3.50% 1966 105,000 3.59% 1966 25,000 3.50% 1967 1055000 3.50% 1967 25,000 3.50% 1968 120,000 3.50% 1968 25,000 3,5o% 1969 120,000 3.50% 1969 20,000 3.50% 1970 120,000 3.50% 1970 15,000 3.50% 1971 100,000 3.50% 1971 20,000 3.50% 1972 100,000 3.50% 1972 15,000 3.50% 1973 100,000 3.6o% 1973 20,000 3.60% 1974 100,000 3.70% 1974 15,000 3.70% 1975 100,000 3.70% 1975 20,000 3.70% 1976 loo;000 3.70% 1976 15,000 3.70% 1977 110,000 3.70% 1977 20,000 3.70% 1978 110,000 3.75% 1978 15,000 3.75% 1979 110,000 3.75% 1979 20,000 x.75% 5 Resolution No. 142 (Continued) May 15, 1962 Series A Series B Year Amount Interest Rate Year Amount Interest Rate 1980 $110,000 3.80% 1980 $20,000 3.80% 1981 110,000 3.80% 1981 20,000 3.80% 1982 110,000 3.80; 1982 20,000 3.80%,, 1983 110,000 3.80% 1983 20,000 3.80% 1984 110,000 3:80% In addition all bonds shall bear interest at the rate of 2% per annum from Augustl, 1962, to February 1, 1963, such additional interest to be repre- sented by a separate set bf "B" coupons appurtenant to each bond. All in- terest shall be payable on February 1, 1963, and semiannually thereter on each August 1 and each February 1. Bonds of each series maturing in the years 1964 through 1978 shall be payable on their respective stated maturity dates, without option of prior payment. Bonds of each series which have stated maturity dates in 1979 and later years shall each be subject to redemption and prepayment in inverse order of serial numbers, at the option of the Village, on February 1, 1975, and any interest pay- ment date thereafter, at par and accrued interest plus a premium of $20 for each bond redeemed prior to February 1, 1979, or no premium for any bond redeemed on or after said date. All such redemptions shall be made on notice of call mailed not less than thirty days prior to the date spec- ified for redemption to the holder, if known, and to the bank at which principal and interest on said bonds are then payable. The Village Clerk and his successors in office are hereby authorized and directed to main- tain a register .for the purpose of recording the names and addresses of holders of redeemable bonds, and the serial numbers of bonds held by them, insofar as such information is made available to said Clerk and his successors in office. The principal of and interest on said bonds shall be payable at the main office of the Northwestern National Bank of Minn- eapolis, in Minneapolis, Pl.nnesota, or, at the option of the holder, at the Chemical Bank New York Trust Company, in the Borough of Manhattan, and City and State of New York, and the Village hereby agrees to pay the reasonable customary charges of said paying agent for the receipt and disbursement thereof. 8. Said improvement bonds and the coupons attached thereto shall be in substantially the following form: UNITED STATES OF AMMICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF GOLDEN VALLEY WATER IMPROVEMENT BOND OF 162, SERIES A No. -----4�-- - $1"000 Resolution No. 1L2 (Continued) May 15, 1962 KNOW ALL MEN BY THESE PRESENTS that the Village of Golden Valley, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value re- ceived promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of February, 19 , or, if this bond is redeemable as stated be- low, on a date prior thereto on which it shall have been duly called for redemption, and to pay interest thereon from the date hereof until said principal sum be paid, or until this bond, if redeemable, has been duly called for redemption, at the rate of per cent () per annugi, plus additions interest from , 19 , to _ ' , 19 , at the rate of per cent (=) per annum, all i erest ezng pays e e rusty 1- i9b3,na d semiannually thereafter on August 1 and February 1 of each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, the additional interest hereinbefore mentioned being represented by a separate set of "B" coupons. Both principal and interest are payable; at the main office of— in , , in any coin or currency of the United States o America wrlich on the respective dates of payment is legal tender for 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 powers of the Village are hereby irrevocably pledged. This bond is one of a series in the aggregate principal amount of J'2,200,000, all of like date and tenor except as to serial number, maturity, redemption privilege and interest rate, all issued for the purpose of defray- ing expenses incurred and to be incurred in constructing a waterworks im- provement in said Village designated as Project No. 62 W.M.T., and is is- sued pursuant to and in full conformity with the Constitution and laws of the State of YfLnnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council. This bond is payable primarily from the Project No. 62 W.M.T. Improvement Fund of the Village, to which fund the Council has appropriated general ad valorem taxes levied by the Village, and special assessments tihich the Village has covenanted and agreed to levy, for the payment of the cost of said improvement, but the Village Council is required to pay the same out of any fund of the Village in the event that the taxes and assessments collected are at any time insufficient to meet the payment of maturing principal and interest. Bonds of this series bearing serial numbers 1 through 1540 are payable on their respective stated maturity dates, without option of prior payment. Bonds of this series bearing serial numbers 1541 through 2200, maturing in 1979 and later years, are each subject to redemption and prepayment, at the option of the Village, in inverse order of serial numbers, on Feb- ruary 1, 1975, and any subsequent interest payment date, at par and ac- crued interest plus a premium of $20 for each bond redeemed prior to February 11 1979, or no premium for any bond redeemed on or after said date. All redemptions .dll be made on notice of call for redemption mail- ed not less than 30 days prior to the date specified for redemption to the 1 Resolution No. 142 (Continued) May 15, 1962 holder, if known, and to the bank at which principal and interest are then payable. Any holder of redeemable bonds desiring to receive such notice must register his name and address and the serial numbers of redeemable bonds held by him in the office of the Village Clerk. 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 per- formed preliminary to and in the issuance of this bond in order to make it a valid and binding general. obligation of said Village according to its terms have been done, do exist, have happened and have been performed as so required; that the estimated collections of said special assessments and general ad valorem taxes will be in the years and amounts sufficient to produce sums not less than five per cent (51%) in excess of the amounts required for payment when due of the principal and interest on all bonds of this issue; that additional taxes, if needed for the payment of such principal and interest, may be levied upon all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. IPJ WITNESS 1H REOF the Village of Golden Valley, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of its Village Manager, and sealed with its official seal, and the interest coupons appurtenant hereto and the certificate on the re- verse side hereof to be executed and authenticated by the facsimile sig- natures of said officers, and has caused this bond to be dated as of May 1, 1962. (facsimile signature) Mayor Vit age Manager (Form of certificate to be printed on the back of each bond following 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 Village of Golden Valley, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) Village Manager (facsimile signature) Mayor 3 1.9 6i Resolution No. 142 (Continued) May 15, 1962 (Form of Coupon) No. On the 1st day of August (February), 19 , the Village of Golden Valley, Hennepin County, Minnesota, will pay to bearer at the main office of in _ , � ,, a sum of DOLLARS lawfuT money oft1ld United Rates ol America for in eyes Men 7ue on its Water Improvement Bond of 1962, Series A, dated May 1, 1962, No. (Facsimile signature) Village Manager (Facsimile signature) Mayor UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF GOLDEN VALLEY WATER IMPROVEMENT BON OF 1962, SERIES B No. $1,000 KNOW ALL MEN BY THESE PRESENTS that the Village of Golden Valley, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of February, 19 , or, if this bond is redeem- able as stated below, on a date prior1Mereto on which it shall have been duly called for redemption, and to pay interest thereon from the date hereof until said principal sum be paid or until this bond, if redeemable, has been duly called for redemption, at the rate of per cent (i %) per annum, plus additio in erest from _ , 19 to , 19 r, at the rate of per cent ( per annum, a in erest being pays e February , 1963, and sena annually thereafter on August 1 and February 1 of each year, in- terest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, the additional interest hereinbefore mentinned being represented by a separate set of "B" coupons. Both principal and interest are pay- able at the main office of' in .9 � , in any coin or currency o e Unites -S ates o�merica which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment 321 Resolution No. 142 (Continued) May 15, 1962 of such principal and interest as the same respectively become due the full faith, credit and taxing powers of the Village are hereby irrevoc- ably pledged. This bond is one of a series in the aggregate principal amount of $400,000, all of like date and tenor except as to serial number, maturity, redemption privilege and interest rate, all issued for the purpose of defraying expenses incurred and to be incurred in constructing a water lateral improvement in said Village, designated as Lateral Water Main No. 62 Improvement, 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. This bond is payable primarily from the Improvement Bond Redemption Fund of The Village, to which fund the Council has appropriated special assessments which the Village has covenanted and agreed to levy for the payment of the cost of said improvement, but the Village Council is required to pay the same out of any fund of the Village in the event that the assessments collected are at any time insufficient to meet the payment of maturing principal and interest. Bonds of this series bearing serial numbers 1 through 300 are pay- able on their respective stated maturity dates, without option of prior payment. Bonds of this series bearing serial numbers 301 through 400, maturing in 1979 and 'later years are each subject to redemption and prepayment, at the option of the Village, in inverse order of serial numbers, on February 1, 1975, and any subsequent interest payment date, at par and accrued interest plus a premium of $20 for each bond redeemed prior to February 1, 1979, or no premium for any bond redeemed on or after said date. All redemptions will be made on notice of call for re- demption mailed not less than 30 days prior to the date specified for re- demption to the holder, if known, and to the bank at which principal and interest are then payable. Any holder of redeemable bonds desiring to receive such notice must register his name and address and the serial numbers of redeemable bonds held by him in the office of the Village Clerk. 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 said Village according to its terms have been done, do exist, have happened and have been performed as so required; that the estimated collections of said special assessments will be in the years and amounts sufficient to produce sums not less than five per cent (5%) in excess of the amounts required for payment when due of the principal and interest on all bonds of this issue; that general ad valorem taxes, if needed for the payment of such principal and interest, may be levied upon all taxable property in the Village without limitation as to rate or a- mount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. Resolution No. 142 (Continued) May 15, 1962 IN WITNESS WHEREOF the Village of Golden Valley, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the signatures of its Mayor and Village Manager, and sealed with its official seal, and the interest coupons appurtenant here- to and the certificate on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of May 1, 1962. Mayor Vi age Manager (Form of certificate to be printed on the back of each bond following 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 Village of Golden Valley,Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) Village Manager (Form of Coupon) No. (Facsimile signature) Mayor On the lst day of August (February), 19 , the Village of Golden Valley, Hennepin County, Minnesota, will pay to bearer at the main office of in the sum of DOLLARS lawfu money o e Unite a es of America for interest then due on its Water Improvement Bond of 1962, Series B, dated May 1, 1962, No. (Facsimile signature) Mayor (Facsimile signature) Village Manager (Coupons numbered 26 and up attached to bonds numbered 1541 and up of Series A and to bonds numbered 301 and up of Series B shall state: "Unless the bond described below is called for earlier redemption") 11 1 Resolution No. 112 (Continued) May 15, 1962 9. Said bonds shall be forthwith prepared for execution under the direction of the Village Manager and shall then be executed by the signa- tures of the Mayor and Village Manager and sealed Urith the corporate seal of the Village. The appurtenant interest coupons shall be executed and authenticated by the printed, lithographed or engraved facsimile signa- tures of said Mayor and Village Manager, and the certificate as to legal opinion on the back of each bond shall be executed by the printed, litho- graphed or engraved facsimile signatures of the Mayor and Village Manager. When so executed, the bonds shall be delivered by the Treasurer to the purchaser thereof, upon.payment of the purchase price heretofore agreed upon, and said purchaser shall not be obligated to see to the application of the purchase price. 10. The Village Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the County Auditor of Hennepin County for certification that the bonds herein authorized have been duly registered, and that the tax required by law for the payment thereof has been duly levied, as required by Minnesota Statutes, Sections 475.61 through 475.6:3. 11. The officers of the Village and the County Auditor of Hennepin County 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 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 otherwise knbvn to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representa- tions of the Village as to the facts recited therein. P4ayor Attest: Village Clerk The motion for adoption of the foregoing resolution was duly seconded by Member Bies, andupon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted and was signed by the Myer and attested by the Village Clerk. 1 3c