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#265 09-29-80 Issue Indebtedness Levying TaxesResolution #265 September 29, 1980 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF $115,000 CERTIFICATE OF INDEBTEDNESS, PRESCRIBING THE FORM AND DETAILS THEREOF, AND LEVYING TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota as follows: I. it is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness in the amount of $115,000 for the purposes of financing the purchase of street equipment, in accordnace with the pro- visions of Minnesota Statutes, Section 412.301: That the assessed valuation of the City for the year 1979 is $176,393,157: That the amount of the certificate to be issued is within l% of the assessed valuation of the City and there are no certificates of indebtedness outstanding issued pursuant to said Section 412.301 except $108,900 balance of previously issued certificates of indebtedness, which together with this certificate does not exceed limitations set by statute and that the sale of said certificate to the Improvement Bond Redemption Fund of the City of Golden Valley, Minnesota, on terms hereinafter set forth, is fair and reasonable and should be and is hereby ordered. 2. The City shall forthwith issue its general obligation Certificate of Indebtedness in the amount of $115,000 authorized by the Council pursuant to the provisions of Minnesota Statutes, Section 412.301, for the purpose of financing the purchase of street equipment. Said Certificate shall be dated as of December 1, 1980, bear interest at the rate of 8% payable on December 1, 1981 and annually thereafter on each December 1, the principal to be payable in annual installment on December 1, in the amount of $23,000.00 of each of the years 1981 to 1985, inclusive, without option of prior payment. Said Certificate shall be payable to the Improvement Bond Redemption Fund of the City of Golden Valley. 3. Said Certificate shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY CERTIFICATE OF INDEBTEDNESS KNOW ALL MEN BY THESE PRESENTS that the City of Golden Valley, Hennepin County, Minnesota, hereby acknowledges itself to be indebted and for values received, promises to pay to the Improvement Bond Redemption Fund of the City of Golden Valley on order, the sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS in annual installments of $23,000.00 on December 1 in each of the years 1981 - 1985, inclusive, without option of prior payment, and the City promises to pay interest on the unpaid balance of the principal of this Certificate at the rate of eight percent (8i) per annum, from December 1, 1980, payable on December 1, 1981 and annually thereafter on the first day of December of each year. Both principal and interest on this Certificate are payable in any coin or currency of the United States of America which on the res- pective dates of payment is legal tender for public and private debts, at the office of the City of Golden Valley, Minnesota, and for the prompt payment of said principal and interest, as the same respectively fall due, the full faith, credit and taxing powers of said City have been and are hereby irrevocably pledged. Resolution #265 (continued) This certificate is issued for the purpose of purchasing for the City, and is authorized by a duly adopted resolution of the said City, dated September 29, 1980, and is issued pursuant to and with the Constitution and Laws of the State of Minnesota thereunto Minnesota Statues, Section 412.301. 45-1 street equipment City Council of in full conformity enabling, including IT IS HEREBY CERTIFIED AND RECITED, that all acts, conditions and things required by law to be done, to exist, to happen and to be done, to exist, have happened, and have been performed in regular and due form, time and manner; that a direct, annual irrepealable ad valorem tax has been duly levied by said City in an amount sufficient to pay and discharge the principal installment hereof on their respective due dates; and that this certificate, together with all other existing indebtedness of said City, does not exceed any constitutional or statutory limi- tation indebtedness. IN WITNESS WHEREOF, said City has caused this Certificate to be executed in its behalf by its Mayor and Clerk, and the official seal of the City to be affixed hereto, as of September 29, 1980. ROSEM RY THORSE OR ATTEST: JOHN MURPHY, CI Y CLERK 4. Said Certificate shall be executed on behalf of the City by the signatures of the Mayor and Clerk, and the official seal of the City shall be affixed hereto. The faith, credit and taxing powers of the City shall be and are hereby pledged to the full and prompt payment of the principal and interest of said Certificate as they respectively fall due. 5. For the purpose of paying the principal installment of and interest on said Certificate, such as installment and interest respectively become due, property in the City for the years and in the amount as follows: YEAR AMOUNT 1980 33,810 1981 31,88o 1982 29,950 1983 28,010 1984 26,080 6. Such taxes shall be irrepealable as long as this Certificate of Indebtedness is outstanding and unpaid; provided that the City reserves the right to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61 Resolution #265 (continued) 7. Said taxes shall be extended upon the tax rolls for the above years, shall be collected in the respective ensuing years with and as part of, other general taxes levied in and for the Ciyt, and the proceeds thereof, when and so collected shall be placed in a sinking fund which was created for the Certificate of Indebtedness issued in 1979 and identified as Certificate of Indebtedness Series II Sinking Fund, and shall be used for no other purpose than to pay the principal and interest of said certificates which this sinking fund is designated, when collected. 8. The City Clerk is hereby authorized and directed, prior to delivery of said Certificate, to file in the office of the County Auditor of Hennepin County a certified copy of this resolution and to obtain from said County Auditor a certi- ficate that the Certificate herein authorized has been entered on this register of municipal obligations. 9• The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of said Certificate and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to said Certificate and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be re- quired to show the facts relating to the legality of said Certificates, as such facts appear from the books and all such certified copies, certificates and affi- davits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. ROSEMARY TF�D-MEN_,, AYOR ATTEST: JOHN MURPHY, ITY CLERK The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her singature attested by the Clerk. 1