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1958-1666r ~'#~'a~' RESOLUTION N0. 1666 ~~ 1 RFSOLUTxON DIRECTING THE ISSUANCE AID SALE OF TEI~OAARX IlNPR(~EMENT BONUS TO THE IMPROVIlwiENT BONDS OF' 19.5., SERIES B SIlIIKING FUND IN ACCORDANCE WITH THE LAWS OF 19~?, C~ 3~5. BE IT RESOLVED By the Village Council of adze Village- of Richfield,: iiennepin County, I~irmesota, as foil.ows: 1. The total estimated cost of Village. Project No.. ~?.t8, otherwise known as the Storm Sewer Oversizing, had been estimated. at ~?9,~.•- It is now estimated that the aum of $79,000.00 is currently necessary ~o provide financing and it is hereby determined to be necessary to borrow said amount for the payment of obligations now incurred and for expenses necessarily incurred in connection with the construction of said pro3ect. There is hereby c„„~~~ :ted a Village Project No.. 318 Construction-Fund into which shaL1L"6e~all proceeds o~ temporary bonds issued pursuant to this resolution and similar subsequent resolutions.,. and out of which shall be paid all amounts due and payable as costh or expenses incident to or incurred in connection with making said improvement. There is hereby created a Village Pro3ect No..3~8 Sinking Fund Account into which account shall be: paid the•praceeds of all special assessments levied. against benefitsd.:prQper~ty by reason of the mak~i.ng of said improvement and out of which shall be• paid principal and interest on a]1 temporary improven~e.nt bonds: issued •to finance said pro3ect. 2. It is hereby determined that the sum of ~7~,000 shall ~~ borrowed to finance said Village Project No. 3tt8 by the _ issuanE.e- of temporary improvement bonds .of the. village as.:authorized in_ Minnesota Statutes, Section I~29.091, Subdivisian3 ,as.-amended by~ Laws 1957, Chapter 385.• Said bonds shall be payable.from:the: Vi13.age Project. No. 3lt8 Sinking Fund Account; .but the village further. recognizes its statutor~r duty, as provided by Section l~29.091, .and covenants and agrees with the purchaser.-.and all holders from time to time,- of said temporary improvement bonds, at: or prior to the maturity thereof it will. pay ar~d retire such bonds and the interest .thereon out of the prooesds of definit~,ve improvement bonds which the council .sha7rl. issue and sell at or .prior -to tha maturity of .the temporary im~roeement bonds, to the extent that the same-cannot be paid out .of funds..available , in .the Village Pro ject~ No. 3~$ S3at? Fund Account or out of other municipal funds which pare .propex~l~r avaS.lable and are:_appropria~ted by .the council for. such: purpose. . -2- 3. 1t is hereby determined to levy special assessments against benefited property by reason of the making of Village Pro3ect No. 3lt8 and ad valorem taxes, if necessary, to produce sums at least 5~ in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bottds atld on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls subsequent to the time when said Village Project No. 3~.8 has been completed and the fatal cost thereof has been determined. 4. Said temporary improvement bonds in the amount of ~79,00o shall be dated October 1, 1957; shall be 79 in number and numbered 1 to 79 inclusive, each in the denomination of ~1,000~ shall bear interest at the rate of ~~ per annum, payable semi-annually on Aprii let and October lst of each year and shall mature on October 1, 19b0, shall be subject to redemption and prepayment on.any interest payment date, at par and accrued interest. Not less than ~ days before the date specified for redemption of said bonds the Village Treasurer sha11 mail notice of tt~ call thereof to the holder, if known, and said Treasurer shall maintain a record of the names and addresses of the holders of said bonds insofar as such information is made available to him by the bald®rs thereoft for the purpose of mailing said notices. The principal of and interest on said bonds shall be payab3~e at the RicYifield Village Hall 67~ Portland Avenue, Minneapolis 23, Minnesota. 5. Said temporary improvement bonds shall be mimeographed with attached interest coupon in substantially the following forma .. _ _. _ . _.. .~:: _ _ _ _ .- _ _ _ a r , -- L P ` .. -3- s UNITED STATES of AMERICA STATE OF MINNESOTA COUNTS(' OF HENNEPIN ~; ~ VILLAGE OF RICHFIELD TEMPORARY I[~PROVEN~NT HOND, SERIES FIVE No, $1,000 KNIT ALL MEN BY THESE PRESENTS that the Village of Richfield, a duly organized municipal corporation of Hennepin County, Minnesota acknowledges itself it be indebted and for value received, promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the first day of October, 1960, or on a date prior thereto on which this bond has been duly ca].].ed for redemption, and to pay interest thereon from the date hereof until paid or until this bond has been duly called for redemption at the rate of four per cent (1~~} per annum, payable semi-annually on the first day of April and the first day of October in each year, interest to maturity being payable in accordance with and c~aon purchase and surrender of the interest coupon appurtenant thereto. Hoth principal and interest are payable at the Village Hall, Village of Richfield, 6700 Portland Avenue, Minneapolis 23, Minnesota in any currency or coin of the United States of America which on the respective dates of payment is public tender for privets and public debts. For the prompt and full payment of such principal and interest as the sarme 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 $79,IX30, all of like date and tenor except as to serial number, all issued by said village for the purpose of defraying expenses incurred and to be incurred in construction of an improvement designated as ~~Village Pro3ect No. 34$~~ by the Vi].laage of Richfield, consisting of storm sewer development, and i.s issued pursuant to and in fu11 con- formity with resolutions duly adopted by the Village Council after . hearings as required by law and pursuant to and in full conformity wi~i the Constitution and Laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section !#29.091, Subdivision 3, as amended by Laws 1957, Chapter 3$5. This bond is payable primarily from the Village Project No. 3~.8 Sinking Fund Account of the village but the Council is required to pay the principal and interest thereon out of aryy funds 3.n the treasury in the event that the monies on hand in said fund are at any time insufficient to meet the payment of maturing principal and interest, and is further required at or prior to the maturity of this bond, to provide for the payment and reti.ren~snt thereof by the issuance of definitive bonds, to the extent, 3.f any, that the assessments and taxes or other municipal funds theretofore collected and received in said Sinking Fund may be insufficient for such purpose. .-.... ._.-.~....'.--_._ -~a'asma-_~___.-syy~nta~+.wv: .. - i_ _Rr_._._-r~r?i~ziar-v~:Fn'T•n'~.....t'x':~•S:T!.':3S-'.:~-'-S~IpT-r___~ T,-..~.+±:.y+._ Temporary :[mprovement Bonds, Series Fide ~4- This band is subject to redemption and prepayx~nt at the option of the village on any interest payment date, at a price of par and accrued interest, upon notice of call for redemption mailed not less than 30 days prior to the date specified for such redemption, to the holder, if known. Bond holders desiring to receive such notice may have their names and addresses and the serial numbers of their bonds recorded by the Village Treasurer. IT ZS 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. 3.n the issuance of this band in order to make it a valid and binding general obligation of said village accord- ing to its terms have been done, do exist, have happened and have been performed as so required; that the village has duly determined the necessity of and provided for the construction of said improvement; that the Village Project No. 3118 Sinking Fund Account has been duly created and; provision has been made for the support thereof by ad valorem to xes and special assessments to be levied, at or prior to the time for issuance of said definitive bonds, for the years and in aggregate amounts not less than five per cent.{~,~) in excess of sums sufficient to pay the principal and interest on all bonds payable from said fund as such principal and interest become due, and additional taxes, if needed for said purpose, may be levied upon all taxable property in the village, without 13mitation as to rate or amount; that the holder hereof shal 1 have and may enforce by appropriate proceedings all duties imposed by said Chapter 385 upon the village and its officers with reference to the levy and collection of said assessments and taxes and the issuance of said definitive bonds; and that the issuance of this bond did not cause the indebtedness of said village to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the Village of Richfield, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the signature of its Mayor and Manager and sealed with its official seal, and the interest coupons appurtenant thereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as October 1, 1958. / ~' ~~ ayor snag r -~ 5 (Form of Coupon) Unless the bond described below is called for earlier redemption No. X20.00 On the first day of April (October), 19 ,the Village of Richfield, Hennepin County, Minnesota, w~l peg to bearer at the Village Hall of the Village of Richfield, 6700 Portland Avenue, Minneapolis 23, Minnesota the sum of TNTENTY AND NO/1~ DO?,LARS lawful money of the U~i.ted States of America for interest then due on its~Temporary Improvement Honda, Series Five, dated October ~, 1958, No. ~. Mayor age 6: Said bonds sha11 be prepared under the direction of the Village Clerk and shall be executed on behalf of the eillage by the signatures of the Mayor and Manager; and the corporate seal of the village shall be affixed thereto, and the appurtenant interest coupon shall be executed and authenticated, by the printed, engraved or lithographed facsimile signatures of the said Mayor and Manager.. When said bonds have been executed and authenticated, they shall. be delivered by the Treasurer to the p~~rchaser thereof, upon payment of the purchase price heretofore agreed upon and said purchaser shall not be obliged to see to the application thereof. ?. The Village Clerk is hereby authorized and directed to file a certified copy of this rer..olution with the County Auditor of Hennepin C ounty~ together with such other inf orma t3. on a s he shall require and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register, .° E _g_ _.. $. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furniah ~• to the purchaser of said bands and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial afi~ai~s of said 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 retards under their custody and control or as otherw3.se known to them, and such certificates, certified copies and affidavits, including any heretofore furnished, shall be deemed representations of the village as to the correctness•of all statements contained tl~reon. 9. It is hereby determined that there is at the present time an amount in excess of X79,000 in the Improvement Bonds of 1954, Series B Sinking Fund which will not be required for other purposes prior to October 1, 1960. 10. It is hereby determined to purchase the aforementioned $'T9,000 Temporary Improvement Bonds, Series ~ upon their initial issuance in accordance with the provision of Minnesota Statutes, Sections lt71.56 and 1175.66, out of funds in the Improvement Bands of 195le, Series B Sinking Fund and on behalf of said fund, at par and accrued interest as of the date of delivery of said bonds and completion of such sale, it being further determined to be reasonable and advantageous to the Improvement Bonds of 1954, Series B Sinking Fund to invest in said Temporary Improvement Bonds, Series 5 and it being further determined to be reasonable and advantageous to the Village to sell said Temporary Improvement Bonds, Series 5 in accordance with the previsions of this resolution. ll. The Village Malaager, Mayor and Finance Officer are hereby authorized and directed to take any and all steps necessary to affect the provisions of the foregoing resolutions and to make such transfers of funds as may b® necessary from time to tame, to give effect to the provisions thereof. Passed by the Village Council this 22nd day of September, 1958. ATTESTs -~-°' ~~ A' ~-~ i a Clerk ,''~ C'°`'~ ~` ~~' r Mayor c Maria