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#094 10-21-69 Determine Park and Recreation Bonds Levying Taxes131 Resolution No. 94 October 21, 1969 Member Garis introduced the following resolution and moved its adoption: RESOLUTION DETERMINING THE FORM AND DETAILS OF $255,000 PARK AND RECREATION AREA BONDS OF 1969 OF THE VILLAGE, CREATING A SINKING FUND THEREFOR, AND LEVYING TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, as follows: 1. The Village shall forthwith issue its negotiable coupon gen- eral obligation bonds in the agregate principal amount of $255,000, all dated November 1, 1969, for the purpose of acquiring and improving a park and recreational area, said bonds to be 51 in number and numbered 1 through 51, each in the denomination of $5,000, bonds of said issue maturing in the years and amounts set forth below, the bonds of each annual maturity bearing interest at the rate per annum shown opposite the year of such maturity, as follows: Year Amount Rate Year Amount Rate 1971 $ 5,000 5.80% 1984 $10,000 6.20% 1972 10,000 if 1985 10,000 6.30% 1973 10,000 it 1986 10,000 " 1974 10,000 " 1987 10,000 it 1975 10,000 It 1988 10,000 6.40% 1976 10,000 if 1989 10,000 it 1977 10,000 5.90% 1990 10,000 it 1978 10,000 if 1991 10,000 it 1979 10,000 6.00% 1992 10,000 It 1980 10,000 If1993 10,000 1981 10,000 if 1994 10,000 1982 10,000 6.20% 1995 10,000 1983 10,000 11 1996 10,000 Interest shall be payable on February 1, 1970, and semiannually thereafter on August 1 and February 1 of each year. The bonds maturing in 1984 and earlier years shall be without option of prior payment, but those maturing in 1985 and later years shall be each subject to redemption and prepayment, at the option of the Village, in inverse order of serial numbers, on February 1, 1984, and any interest payment date thereafter, at par and accrued interest upon notice of call published by the Village Clerk not less than 30 days prior to the date specified for redemption in a weekly or daily periodical published in a Minn- esota city of the first class, or its metropolitan area, which circulates thr�, oughout the state and furnishes financial news as a part of its service. The Clerk shall also mail such notice to the bank at which principal and interest are then payable, but published notice shall be effective without mailing. The principal of and interest on said bonds shall be payable at the main office of the First National Bank of Minneapolis, in Minneapolis, Minnesota, and the Village agrees to pay the reasonable charges of such paying agent. 132 Resolution No. 94 October 21, 1969 2. Said bonds and the interest coupons to be thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF GOLDEN VALLEY PARK AND RECREATION AREA BOND OF 1969 No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of Golden Valley, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the lst day of February, 19 or, if this bond is redeemable as stated below, on a date.prior thereto on which it shall have been duly called for earlier re- demption, and to pay interest thereon from the date hereof until said princi- pal sum be paid, or, if this bond is redeemable, until it has been duly called for redemption, at the rate of percent ( %) per annum, payable ;on February 1, 1970, and semiannually thereafter on the lst day of August and the lst day of February of each year, such interest to maturity being represented by and payable in accordance with and upon pre- sentation and surrender of the interest coupons hereto attached. Both princi- pal and interest are payable at , in in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal and int- erest as the same become due, the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue of $255,000 agregate principal amount, all of like date and tenor except as to maturity, serial number, interest rate and redemption privilege, issued by said Village for the purpose of acquiring and improving a park and recreational area, and is issued pursuant to the re- quisite majority vote of the electors of the Village voting at an election duly called and held in and for said Village, and pursuant to resolutions duly adop- ted by the Village Council and pursuant to and in full conformity with the con- stitution and laws of the State of Minnesota thereunto enabling. Bonds of said issue maturing in 198+ and earlier years are payable on their respective stated maturity dates, without option of prior payment, but bonds of said issue maturing in 1985 and later years are each subject to re- demption and prepayment, at the option of the Village, in inverse order of serial numbers, on said date and any interest payment date thereafter, at par and accrued interest, upon notice of call published not less than 30 days prior to the date specified for redemption in a financial periodical published in a Minnesota city of the first class, or its metropolitan area. 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 1 1 Resolution No. 94 October 21, 1969 done, to exist, to happen and to be performed precedent to and in the issu- ance of this bond have been done, do exist, have happened and have been per- formed in regular and due form, time and manner as so required; that prior to the issuance hereof a direct, annual, irrepealable, ad valorem tax has been duly levied upon all of the taxable property in said Village for the years and in amounts at least five per cent (5%) in excess of sums suffici- ent to pay the interest hereon and the principal hereof as they respectively become due, and additional taxes, if needed, will be levied upon all of such property without limitation as to rate or amount; and that this bond, togeth- er with all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any con- stitutional or statutory limitation of indebtedness. 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 facsimile signature of the Mayor and the manual signature of the Village Manager, and by a printed facsimile of its corporate seal, and the attached interest coupons and the certificate as to legal opinion on the reverse side hereof to be executed and authenticated by the facsimile signatures of said Mayor and Manager, all as of November 1, 1969. � _ 1 r (Facsimile signature) Village Manager Mayor (SEAL) (Form of Coupon) No. On the lst day of February (August), 19 , unless the bond described below is subject to and has been duly called for earlier redemption, the Village of Golden Valley, Hennepin County, Minnesota, will pay to bearer at , In , the sum shown hereon for interest then due on its Park and Recreation Area Bond of 1969, No. (Facsimile signature) Village Manager (Facsimile signature) Mayor (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) (Facsimile signature) Village Manager Mayor 133 134 Resolution No. 94 October 21, 1969 3. Said bonds shall be prepared under the direction of the Village Manager, and when so prepared shall be executed in behalf of the Village by Amount the facsimile signature of the Mayor, and the manual signature of the Village Amount Manager, and by a printed facsimile of the corporate seal of the Village, and $ 52,490 the interest coupons and certificate as to opinion of bond counsel shall be $ 18,533 executed and authenticated by the printed, engraved or lithographed facsimile 26,050 signatures of the Mayor and Manager. When said bonds have been so executed 17,871 and authenticated, they shall be delivered by the Village Treasurer to the 25,442 purchaser on receipt of the purchase price heretofore agreed upon, and said 17,209 purchaser shall not be required to see to the application thereof; however, 24,832 all bond proceeds received in excess of $250,000 shall be paid into the sink- 16,548 ing fund described below. 24,324 4. There is hereby created a separate sinking fund for said Park and Recreation Area Bonds, which fund shall be kept by the Treasurer apart from all other funds of the Village and used for no purpose other than pay- ment of principal and interest on said bonds; provided, that if any payment of principal or interest shall become due when there is not sufficient money in said fund therefor, the Treasurer shall pay the same from the general fund of the Village, and said general fund shall be reimbursed for such advances out of the proceeds of the taxes hereinafter levied. Into said sinking fund shall be paid the proceeds of all taxes levied pursuant to this resolution and all other moneys received for or appropriated to the payment of said bonds and interest. 5. For the prompt and full payment of the principal and interest on said bonds as the same respectively become due, the full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged. To provide moneys for the payment thereof, there is hereby levied upon all of the taxable property in the Village a direct, annual, ad valorem tax which shall be spread upon the tax rolls collectible in the years and amounts as follows: Collection Collection Year Amount Year Amount 1971 $ 52,490 1984 $ 18,533 1972 26,050 1985 17,871 1973 25,442 1986 17,209 1974 24,832 1987 16,548 1975 24,324 1988 15,876 1976 23,614 1989 15,204 1977 22,995 1990 14,532 1978 22,376 1991 13,860 1979 21,745 1992 13,188 1980 21,116 1993 12,516 1981 20,485 1994 11,844 1982 19,835 1995 11,172 1983 19,183 Said tax shall be irrepealable as long as any of said bonds are outstanding and unpaid; provided, that the Village reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 6. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution, Resolution No. 94 together with such other information as the County Auditor may require, and to obtain from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register. 7. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the pur- chaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records 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 custo- dy and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the facts recited herein. Attest: i Village Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, 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, which was attested by the Clerk. L.J