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#093 10-21-69 Establish State Aid Bonds126 Resolution No. 93 October 21, 1969 Member Stockman then introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING FORM AND DETAILS OF $450,000 MUNICIPAL STATE -AID STREET BONDS OF 1969 BE IT RESOLVED by the Village Council of the Village of Golden Valley, Minnesota. 1. Under and pursuant to the provisions of Minesota Statutes, Section 162.18, this Council is authorized to issue negotiable coupon general obligation bonds of the Village for the purpose of financing state - aid street improvements. The bonds herein authorized are necessary to be issued for said purpose and have been duly advertised at public sale and sold upon the terms hereinafter stated. The amount of principal and inter- est to become due in any calendar year on said bonds and on the Municipal State -Aid Street Bonds of 1960 and 1963 of the Village now outstanding does not exceed 50% of the amount of the last anual allotment preceding this issue, received by the Village of Golden Valley from the Construction Account in the Municipal State -Aid Street Fund of the State of Minnesota, such annual allotment having been in the amount of $143,414. No other obligations of the Village payable from said allotments are now outstanding. The proceeds of said bonds are hereby appropriated to be used solely for the construction of approved municipal state -aid street projects within the Village. 2. Said bonds shall be designated as "Municipal State -Aid Street Bonds of 196911, shall be dated as of November 1, 1969, shall be 90 in number and numbered from 1 to 90, inclusive, each in the denomination of $5,000, shall bear interest at the respective annual rates stated below, payable on February 1 and August 1 of each year, commencing on February 1, 1970, and shall mature serially on February 1, without option of prior payment in the respective years and amounts as follows: Maturity Amounts Interest Maturity Amounts Interest Years Rates Years Rates 1970 $20,000 5.80% 1978 $40,000 5.90% 1971 20,000 it 1979 40,000 6.00% 1972 20,000 it 1980 40,000 it 1973 20,000 if 1981 40,000 it 1974 20,000 it 1982 30,000 6.20% 1975 20,000 It 1983 30,000 it 1976 40,000 it 1984 30,000 if 1977 40,000 5.90% The bonds and interest thereon shall be payable at the office of the First National Bank of Minneapolis, in Minneapolis, Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and disbursement of the principal and interest moneys. Resolution No. 93 October 21, 1969 3. Said bonds and the interest coupons to be attached thereto shall be substantially the following form, with suitable insertions of dates, numbers and interest rates. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF GOLDEN VALLEY MUNICIPAL STATE -AID STREET BOND OF 1969 K0 $5,000 4 ' 1 KNOW ALL MEN BY THESE PRESENTS that the Village of Golden Valley, in the County of Hennepin, State of Minnesota, acknowledges itself indebted and for value received promises to pay to bearer the principal sum of FIVE THOUSAND DOLLARS on the lst day of February, 19, , without option of prior payment, and promises to pay interest on said principal sum from the date hereof until said principal sum is paid, at the rate of per cent ( %) per annum, interest to maturity being payable in accordance with and on presenta- tion and surrender of the interest coupons appurtenant hereto. Both principal and interest are payable at , in , ,and are payable in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. For the prompt and,full payment of such principal and interest, the full faith, credit and un- limited taxing powers of the Village of Golden Valley have been and are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $450,000, all of like date and tenor except as to serial number, maturity and interest rate, issued for the purpose of constructing, reconstructing, and improving municipal state -aid streets within the Village, by authority of reso- lutions duly adopted by its Village Council, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 162.18. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond, in order to make it a valid general obligation of the Village according to its terms have been done, have happened, do exist and have been performed in regular and due form, time and manner as so required; that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation; that, prior to the issuance hereof, the Village Council has by resolution irrevocably pledged and appropriated to a separate and special sinking fund, to be maintained for the payment of this and other bonds issued under said Minnesota Statutes, Section 162.18, as long as any such bonds are outstanding, an amount of the moneys allotted and to be allotted to the Village from its account in the Municipal State -Aid Street Fund of the State, sufficient to pay when due the principal of and interest on all such bonds; and that in the event that in any year the moneys so allotted and transferred to the sinking fund should be insufficient to pay all such 128 Resolution No. 93 October 21, 1969 principal and interest due in the following year, the Village is obligated to levy a direct, irreapealable ad valorem tax upon all taxable property within its corporate limits for the payment of such deficiency, which levy may be made without limitation as to rate or amount. IN WITNESS WHEREOF the Village of Golden Valley, Minnesota, has caused this bond to be executed in its behalf by the printed facsimile signa- ture of its Mayor and the Manual signature of its Village Manager, and by a printed facsimile of its official seal, and the interest coupons appurtenant hereto 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 November 1, 1969. (Facsimile signature) Mayor Villag anager (SEAL) (Form of Coupon) No. On the lst day of August (February), 19 the Village of Golden Valley, Minnesota, will pay to bearer at , in , the sum shown hereon in lawful money of the United States of America for interest then due on its Municipal State -Aid Street Bonds of 1969, dated November 1, 1969, No. (Facsimile signature) (Facsimile signature) Village Manager Mayor (Form of certificate to be printed on the reverse side of each bond, following 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 Golden Valley 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 for execution under the direction of the Village Manager, and when so prepared shall be executed on behalf of the Village by the printed facsimile signature of the Mayor and the manual signature of the Village Manager, and by a printed facsimile of the official corporate seal; and the interest coupons and certificate as to the opinion of bond counsel shall be executed and authenticated by the printed, litho= graphed or engraved facsimile signatures of the Mayor and Village Manager. When the bonds have been so executed, they shall be delivered by the Village 129 Resolution No. 93 October 21, 1969 Treasurer to the purchaser thereof, and the purchaser shall not be required to see to the application of the purchase price; however, all bond proceeds in excess of $443,000 shall be paid into the sinking fund described below. 5• There shall continue to be maintained by the Village Treasurer on the official books and records of the Village the separate and special sinking fund designated as the "Municipal State -Aid Street Bond Sinking Fund", as created by resolution of the Village adopted on November 28, 1960, the moneys in which shall be used solely for the payment of the principal of and interest on the bonds herein described, and on any additional general obligation Municipal State -Aid Street Bonds heretofore or hereafter issued under the authority cited in paragraph 1, and directed by the Village Council to be paid from such fund. If at any time the moneys in said fund should be insufficient to pay all principal and interest due on such bonds, the Village Treasurer shall nevertheless pay the same from any moneys on hand in other funds of the Village and available for such purpose, and the moneys so used shall be restored to the appropriate funds from the moneys next received by the Village from the Construction or Maintenance Account in the Municipal State -Aid Street Fund of the State which are not required for the payment of additional principal and interest. There is hereby irrevocably appropriated to said fund, out of the moneys allotted and to be allotted to the Village from its account in the Municipal State -Aid Street Fund of the State, such amount as shall be sufficient to pay the principal of and the interest on the bonds herein described, as such principal and interest respectively become due, on the dates and in the amounts as follows: Interest Payable on Year Principal February 1 August 1 1970 $20,000 $ 13;390 $ 12,810 1971 20,000 12,810 12,230 1972 20,000 12,230 11,650 1973 20,000 11,650 11,070 1974 20,000 11,070 10,490 1975 20,000 lo,490 9,910 1976 40,000 91910 8,750 1977 40,000 8,750 7,570 1978 40,000 7,570 6,390 1979 40,000 6,390 5,190 1980 4o,000 5,190 3,990 1981 40,000 3,990 2,790 1982 30,000 2,790 1,860 1983 30,000 1,860 930 1984 30,000 930 On or before November 1, 1969, the Village Clerk shall certify the foregoing years and amounts to the State Highway Commissioner of the State of Minnesota. 6. For the prompt and full payment of said principal and interest when due the full faith, credit and unlimited taxing powers of the Village shall be and are hereby irrevocably pledged. It is estimated that the 130 Resolution No. 93 October 21, 1969 municipal state -aid street allotments appropriated in paragraph 5 will pro- duce, and will permit to be paid into the Municipal State -Aid Street Bond Sinking Fund, on or before October 10 in each year, annual sums not less than 5% in excess of the annual amounts of principal and interest to become due on said bonds in the following twelve months. However, if on October 10 in any year the balance on hand in the Municipal Staten -Aid Street Bond Sink- ing Fund is not sufficient to pay the full amount of principal and interest due in the following twelve months, as set forth in Section 5 above, there shall be extended against all taxable property within the corporate limits of the Village, assessed and collected in accordance with Minnesota Statutes 1957, Section 475.61, an ad valorem.,tax in an amount sufficient to produce, with such balance on hand, the total sum of the principal and interest so to become due. 7. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, Minnesota, a certified copy of this resolution, together with such other information as the County Auditor may require and to obtain from said Auditor prior to the delivery of the bonds herein described a certificate that said issue has been entered upon his bond register. 8. 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 and records of the Village relating to said bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketabil- ity of the bonds, as such facts appear from the Village's books and records in their custody and control or are otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore fur- nished, shall be deemed representations of the Village as to the correctness of all statements contained therein. 7/ Mayor Attest: Village Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following voted in favor thereof: Garis, Teresi, Stockman, Bies and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the Village Clerk. 1