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1972-4793rRESOLUTION NO. 4793 RESOLUTION AWARDING SALE AND FIXING THE FOFS~I AND SPECIFICATIONS FOR $2,100,000 IMPROVEMENT BONDS OF 1972, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYb~~ENT. BE IT RESOLVED by tie City Council of the City of Richfield, Minnesota, as follows: 1. The bid of Banc Northwest of Minneapolis, and others, to purchase $2,100,000 Improvement Bonds of 1972 is hereby found and determined to be the highest and best bid received, pursuant to duly advertised notice of sale and shall be and is hereby accepted. The city treasurer is directed to retain. the good faith check of the successful bidder pending completion of the sale and delivery of the bonds and the city clerk is directed to return the check of the unsuccessful bidder forthwith. 2. The city shall forthwith issue its negotiable Improvement Bonds of 1972 in the principal amount of $2,100,000 dated July 1, 1972, being 420 in number and numbered 1 to 420, both inclusive, in the denomination of $5,000 each, bearing interest as follows: 4.OOo on bonds maturing in the years 1974 through 1977, both inclusive; 4.250 on bonds maturing in the years 1978 through 1980, both inclusive; 4.50% on bonds maturing in the years 1981 and 1982; 4.750 on bonds maturing in the years 1983 through 1985, both inclusive; 4.90% on bonds maturing in the year 1986; 5.00% on bonds maturing in the year 1987; 5.10% on bonds maturing in the year 1988; 5.200 on bonds maturing in the year 1989; 5.25% on bonds maturing in the years 1990 through 1992, both inclusive; 5.40% on bonds maturing in the years 1993 and 1994. All interest shall be payable January 1, 1973 and semiannually thereafter on January 1 and July 1 each year until maturity. Such bonds shall mature serially on January 1 in the years and amounts as follows: $65,000 in the year 1974; $125{000 in each of the years 1975 through 1978, both inclusive; $110,000 in each of the years 1979 through 1981, both inclusive; $100,000 in each of the years 1982 through 1990, both inclusive; $90,000 in each of the years 1991 anc~ 1992; $75,000 in the year 1993; and $50,000 in the year 1994. All bonds maturing on or after January 1, 1985, shall be subject to redemption in inverse numerical order on January 1, 1984 and any interest payment date thereafter at par and accrued interest. 3. Both principal and interest shall be payable at the main office of the Northwestern National Bank of Minneapolis, in Minneapolis, Minnesota, and .the city shall pay the reasonable charges of said bank for its services as paying agent. 4. The bonds and interest coupons to be thereto attached shall be in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESOTA • COUNTY OF HENNEPIN _ CITY OF RICHFIELD IMPROVEMENT BOND OF 1972 KNOW ALL MEN BY THESE PRESENTS That the~City of Richfield, Hennepin County, Minnesota, acknowledges itself to be indebted. and, for value ~~eceived, hereby promises to pay to bearer out of its 1972 Improvement Lond Fund the sum of FIVE THOUSAND DOLLARS on the 1st day of January, 19 and to pay interest thereon from the date hereof until the principal sum is paa_d at the rate of all interest to maturity payable January 1, 1973, and semiannually there- after on the 1st day of January and the 1st day of July in each year in All bonds of this issue maturing on or after January 1, 1985, are subject to redemption, in inverse numerical order, on January 1, 1984, and any interest payment date thereafter at par and accrued interest upon thirty days' prior notice given in the manner provided by law. This bond is one of an issue of bonds in the total principal amount of $2,100,000, all of like date and tenor except as to interest rate, maturity and redemption privilege, all issued by the city for the purpose of providing money to defray the expenses incurred and to be incurred in construction of various sanitary sewer, storm sewer, water main, street and sidewalk improvements, pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments against property specially benefited thereby, but constitute general obligations of the city, and to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the city is hereby irrevocably pledged and the city council will levy additional ad valorem taxes, if required for such purpose, which may be levied on all of the taxable property in the city without limitation as to rate or amount. accordance with and upon presentation and Burr interest coupons as they severally become due. on this bond are payable at the main office of Bank of Minneapolis in Minneapolis, D'iinnesota, the United States of America which at the time for public and private debts. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions, and things required by the Constitution and Laws of the State of Minnesota and the home rule charter of the city to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time, and manner as required by law; and that this bond, together with all other indebtedness of the city outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS Tn'HEREOF, the City of Richfield, by its City Council, has caused this bond to be signature of the P~.ayor and the manual signature with the printed facsimile corporation seal and attached to be executed and authenticated by th said officers, all as of July 1, 1972. ender of the attached Both principal and interest the Northwestern National in any coin or currency of of payment is legal tender Hennepin County, Minnesota, executed by the facsimile of the Manager and sealed the interest coupons hereto facsimile signatures of (facsimile signature) Mayor Manager (SEAL) (Form of Coupon) No. On the 1st day of January (July), 19 the City of Richfield, Hennepin County, Minnesota, will pay to bearer out of its 1972 Improvement Bored Fund at the main office of the Northwestern National Bank of Minneapolis Minneapolis, Minnesota, the amount shown hereon in lawful money of the United States of America, for interest then due on its Improvement Bond of 1972, dated July 1, 1972, No. (facsimile signature) Mayor Manager :~ 5. The bonds of this issue maturing on or after January 1, 1985, shall be subject to redemption on January 1, 1984, and any interest payment date thereafter upon thirty days' prior notice given in the manner provided by law. 6. The city clerk shall obtain a copy of the proposed approving legal opinion of Messrs. Howard, LeFevere, Lefler, Hamilton and Pearson, which shall be complete except as to dating thereof and shall cause said opinion to be printed on each bond, together with a certificate to be signed by the facsimile signature of the clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (facsimile signature) City Clerk and at the time of delivery the clerk shall prepare a similar separate certificate and the clerk is hereby authorized and directed to execute such certificate in the name of the city upon receipt of such opinion and to file the opinion in his office. 7. The bonds shall be prepared under the direction of the city clerk and shall be executed on behalf of the city by the facsimile signature of the Mayor and the manual signature of the City Manager and the facsimile corporate seal of the city shall be printed on each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said Mayor and Manager. The said bonds, when fully executed, shall be delivered by the treasurer to the purchaser thereof upon receipt of the purchase price, and the same purchaser shall not be obligated to see to the proper application thereof. 8. The bonds issued hereunder shall be payable from the 1972 Improvement Bond Fund. If any payment of principal or interest on said bonds shall become due when there is not sufficient money in said fund to pay the same, the treasurer shall pay such principal or interest from the general fund of the city and such fund shall be reimbursed for such advances out of proceeds of assessments for said improvements when collected. 9. It is hereby determined that, over 200 of the principal amount of this bond issue has been or will be assessed against property specially benefited by the improvements financed by this bond issue, and that the city's share of the cost of such improvements shall be the balance of the cost of such improvements. To pay the city's share of the cost of such improvements there is hereby levied a direct, irrepealable ad valorem tax against all taxable property in the city in the years and amounts as follows: Year of Collection Amount of Tax Levy 1973 $150,900 ` 1974 146, 300 1975 143,300 1976 141,600 1977 138,900 1978 120,000 1979 _118,300 1980 116,700 1981 105,100 1982 102,600 1983 102,500 1984 99,600 1985 96,800 1986 93,700 y. 7 1 1987 90,600 1988 87,400 1989 ~ 84,100 1990 70,100 1991 81, 800 1992 62,300 1993 38,800 The city clerk shall_ deliver a certified copy of this resolution to the County Auditor of Hennepin County and obtain his certificate as required by Section 475.63, Minnesota Statutes. 10. It is hereby determined that the improvements to be financed by the `issuance of bonds hereunder will benefit the entire city and the city hereby covenants ~~ith the holders from time to time of said bonds as follows: (a) The city will cause the assessments for .said a_mprove:nents to be promptly levied so that the first install- ment tail l' be collectible no later than 1973, and will take all steps necessary to assure prompt collection. (b) That if any assessment is for any reason set aside by a court of competent jurisdiction or if any part of the proceedings are invalid for any reason, the city council will make a reassessment or a new assessment as to such parcel or parcels. - ' (c} The city will keep complete and accurate books and records showing all receipts and disbursements in connection with each improvement, the assessments levied therefor and other funds appropriated for their payment and all collections thereof and disbursements therefrom, moneys on hand and balance of unpaid assessments. (d) The city will cause its said books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to .any interested person upon request. 1 11. The officers of the city are hereby authorized and directed to prepare and furnish to the purchaser of the bonds and to the attorneys approving the same certified copies of proceedings and records of the city relating to said bonds and to the financial condition and affairs of the city, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shotrn by the books and records in their custody and under their control relating to the validity and marketability of said bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the city as to the facts stated therein. 12. It is hereby determined that the proceeds of such bonds shall be used to provide financing for city projects 644 (1952 sidewalks) and 646 (storm sewers) in addition to the projects listed in the resolution authorizing issuance and advertising for sale of the bonds. The proceeds of the bonds shall also be used to provide interim interest on all projects for the financing of which the bonds are issued. Passed by the city council of the City ti ATTr,r "" ,,., of Richfield this ~:th day of J~are, 1972. ~/ i~ '~; ~_.- y ~' ,.-,__ -~ ~oren L. Law ~ ~~~ Mayor ^z~m~; ,T ;. *:r.,r~,r City Clerk