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Res 70 - 336 Certification of Minutes Relating to $1,550,000 Temporary Improvement Bonds, Series 1970, $180,000 Imnprovement Bonds of 1970, $60,000 Certificates of Indebtedness• Issuer: RESOLUTIONS 336 - 341 CERTIFICATION OF MINUTES RELATING TO $1,550,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1970 $180,000 IMPROVEMENT BONDS OF 1970 $60,000 CERTIFICATES OF INDEBTEDNESS Village of Mendota heights, Minnesota Governing body: Village Council Kind, date, time and place of meeting: a regular meeting held in the Village hall on May 5, 1970, at 8:00 P.M. Members present: Huber, Stringer, Blair, Lockwood, Gftzmer Members absent: none Documents attached: Minutes of said meeting (pages): 18 I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certi- ficate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal cus- tody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said cor- poration, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially May , 19 70 . r r The Mayor announced that this was the time and place for the receipt and opening of sealed bids for the purchase of $180,000 Improvement Bonds of 1970, $1,550,000 Temporary Improvement Bonds, Series 19,70, and $60,000 Certificates of Indebtedness of the Village. The Village Clerk furnished affidavits of publication Suburban Sun of the notices of sale in the West St. Paul and in the Commercial West. Said affidavits were approved and ordered filed in the office of the Village Clerk. The Clerk then stated that seven sealed bids had been received, which were thereupon opened and read and found to be as follows: -1- Bids Received Village of Mendota Heights Bonds sold: May 5, 1970 $60,000 Certificates of Indebtedness $180,000 Permanent Improvement Bonds $1,550,000 Temporary Improvement Bonds. $60,000 Certificates of Indebtedness Coupon Premium $Cost Rate Valley National Bank of Egan Tnship 5.80% -0- $10,730.00 5.80% Highland Park State Bank Park Grove National Bank Dain, Kalman, Quail, Mpls 6% $17.75 $11,082.25 5.99% Robert S. Peterson Co., Mpls 61% $27.60 $11,997.40 6.485% Reynolds and Co., Mpis. $180.000 Permanent Improvement Bonds Dain, Kalman & Quail Co., Mpis 6.4% 71-76 -0- $114,165.00 6.735% 6.5% 77-79 6.7% 80-82 6.9% 83-86 Robert S. Peterson & Co., Mpis 7% $360.00 $118,290.00 6.98% Reynolds and Co., Mpls $1,550,000 Temporary Improvement Bonds American National Bank & Trust Co. 5.4% $307.00 $266,293.00 5.726% Juran & Moody, Inc. 1.2% 8/1/70 to 6/1/71 Merrill, Lynch, Pierce Fenner Smith First National Bank St. Paul 5.5% -0- Dain, Kalman & "Quail 11% 10/1/70 to 6/1/71 $271,250.00 5.833% Northwestern National Bank Paine, Webber, Jackson & Curtis Piper Jaffray & Hopwood Caldwell Phillips, Inc. Robert S. Peterson, Inc. Woodard Elwood & Co. Cherokee State Bank of St. Paul Issues Awarded as follows: Certificates of Indebtedness - Valley National Bank, Egan Township x Permanent Improvement Bonds - Dain, Kalman, Quail, Minneapolis 1 Temporary Improvement Bonds - American National Bank & Trust Co., St. Paul Following discussion of the bids, Member Huber introduced the following resolution and moved its adoption: RESOLUTION NO. 336 RESOLUTION AWARDING SALE OF $1,550,030 TEMPORARY IMPROVEMENT BONDS, SERIES 1970 BE IT RESOLVED by the Village Council of the Village of Mendota Heights, Minnesota, that the bid of American National Bank & Trust Co. 31 of St. Paul , Minnesota , and associates named therein, to purchase $1,550,000 Temporary ?mpibvdmBnt Bonds*, Series D70 of the Village to be dated June 1, 1970, and to be issued as specified in the notice of sale heretofore pub- lished, is hereby found and declared to be the bid most favorable to the Village received pursuant to due notice, and should be and is hereby accepted, said bid being to purchase the bonds at a price of par and accrued interest plus a premium of $ 307.00 , all bonds to bear interest at the basic -rate of 5.40 % per annum, and for the period from 8/1 , 19 70 , to June I , 19 71 , only, at the additional rate of 1.2 % per annum. The Chairman and Clerk are author- ized and directed to endorse an acceptance on said bid and on a copy thereof, and to return such copy to the bidder. The Treasurer is directed to retain the good faith check of said bidder pending completion and delivery of the bonds, and the good faith checks of other bidders shall be forthwith returned to them. The motion for the adoption of the foregoing resolution was duly seconded by Member Blair , and upon vote being taken thereon, the following voted in favor thereof: all yea and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. a Member Huber adoption: RESOLUTION NO. 337 introduced the following resolution and moved its RESOLUTION AUTHORIZING THE ISSUANCE AND DELIVERY OF $1,550,000 TEMPORARY IMPROVE- MENT BONDS, SERIES 1970 BE IT RESOLVED by the Village Council of the Village of Mendota Heights, Minnesota, as follows: 1. It is hereby found, determined and declared that the Village of Mendota Heights has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearing as required by law, the construction of local improvements described in the resolution authorizing issuance of the above -titled bonds adopted on April 7,' 1970, and has awarded contracts for the construction of various stages thereof; that the total cost of said improve- ments is estimated to be approximately equal to $1,550,000, and it is necessary to ,borrow all of said cost at this time; 'that the total benefits resulting from said improvement to the properties within the area proposed to be assessed therefor, -and to the Village at'large, will be substantially in excess of the total cost of said improvement; that said sum of $1,550,000 may best be borrowed by the issuance of general obligation temporary improvement bonds of the Village in accordance with the provisions of Minnesota Statutes, Section 429.091, Subdivision 3, as amended; and that this Council has awarded the sale of said bonds to American National Bank & Trust Coof St. Paul , Minnesota, on the terms and conditions as more i fully stated in Ais resolution. -2- 2. There is hereby created a separate and special fund for each of the improvements to be financed by the bonds herein authorized to be issued. Into said funds shall be paid the proceeds from the sale of said bonds and the collections of special assessments levied on account of said improvements, and any other moneys which this Council may appropriate to defray expenses of making said improvements. The designation of each of such funds, and the amount of bond proceeds to be credited and paid into said respective funds shall be as follows: Name of Fund 1969-1 Improvement (Rogers Labe) 1969-4 Improvement (Curleys) 1969-5 Improvement (Colon Ivy. No. ) 1970-2 Improvement (Eagle Ridge) Amount to be Credited $ 265,000 330,000 80,000 220,000 1970-3 Improvement (Willow Spr. Breckenridge) 355,000 1970-5 Improvement (School) * 300,000 $1,5"0,000 * only a portion of cost financed at this time I v 3. Upon completion and payment of all costs of making any of such im- provements, the fund of such improvement shall be discontinued, and all moneys therein shall be paid into the Temporary Improvement Bond Fund of the Village created by the resolution of this Council adopted on June 6, 1967, authorizing issuance of $200,000 Temporary Improvement Bonds of 1967, which shall constitute a separate and special debt redemption fund, to be maintained as long as any of the bonds herein authorized remain unpaid, the moneys therein to be used only for the payment of principal of and interest on the bonds herein authorized and on any additional bonds heretofore or hereafter issued and made payable from said fund. After discontinuance of any of said improvement funds, and as long as any of said bonds shall remain unpaid, the collections of all general ad valorem taxes and special assessments previously required to be paid into the discontinued fund shall be paid into said Temporary Improvement Bond Fund, or, if any definitive improve- ment bonds have been issued on account of said improvement, into a fund to be created for payment of such bonds. 4. It is hereby covenanted and agreed that the Village will not later than October 1, 1970, do and perform all acts and things necessary for the final and valid levy of special assessments upon the properties benefited by said im- provements, in a principal amount not less than 20% of the cost of each improve- ment. In the event that any such assessment shall be at any time held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or the Village Council or any of the Village officers or employees in the making of the assessment or the performance of any condition precedent thereto, the Village will do all such fur- ther acts and things and shall take all such further proceedings as shall be re- quired by law to make such assessment a valid and binding lien upon the property assessed. -3- 5. Not later than June 1, 1973, the Council will by resolution provide for the issuance, sale and delivery of definitive improvement bonds, payable from such fund or funds as may be determined by the Council, for the.purpose of provid- ing moneys to pay and redeem all temporary improvement bonds payable from said Temporary Improvement Bond Fund which become due and payable on said date, so far as the same cannot be paid out of moneys then on hand in said fund. 6. The Village shall forthwith issue and deliver to the purchaser there- of its negotiable coupon general obligation Temporary Improvement Bonds, Series 1970, dated as of June 1, 1970, in the denomination of $5,000 each and in the prin., cipal amount of $1,550,000, to be numbered from 1 to 310. Said bonds shall mature on June 1, 1973, and shall bear interest at the basic rate of 5.4 % per annum from date of issue until paid, and for the period from August 1 , 19 70 , to June I , 19 71 , only, at the additional rate of 1.2 % per annum, all interest to be payable on June 1 and December 1 of each year, commencing on December 1, 1970. Each bond is subject to redemption and prepayment at the option of the Village on June 1 or December 1, 1972, at a price of par and accrued interest, on notice of call for redemption published not less than 30 days prior to the date specified for redemption in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area which circulates throughout the state and furnishes financial news as a part of its service. The Village Treasurer shall also mail notice of call for redemption to the bark at which principal and interest are then payable, but published notice shall be effective without mailing. The princPal of and interest on said bonds shall be payable at the American National Bank and Trust Company , in St. Paul , Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of said pay- ing agent for the receipt and disbursement thereof. 7. Said bonds and the coupons attached thereto shall be in substantially the following form: -4- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA VILLAGE OF 14ENDOTA HEIGHTS TET,q'ORARY IMP. ROVENENT BOND, SERIES 1970 No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of :endota Heights, a duly organized and existing municipal corporation of the County of Dakota, State of :innesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of FIVE THOUSA,D DOLLARS on the 1st day of June, 1973, or on a date prior thereto on which this bond shall have been duly called for re- demption, and to pay interest thereon at the basic rate of per cent ( %) per annum from the date hereof until said principal sum be paid or until this bond be duly called for redemption and for the period from , 19 , to , 19 , only, at the additional rate of % per annum, said interest being payable on each June 1 and December 1, commencing on December 1, 1970, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, which are in two sets, one representing interest at said basic rate to maturity, and the other, designated as "BC° coupons, represent- ing interest at said additional rate for the limited period stated above. Both principal and interest are payable at in ':.innesota, 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 interest as the same respectively become due the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $1,550,000, all of like date and tenor except as to serial number, all issued for the purpose of defraying expenses incurred and to be incurred in constructing local improvements in said Village heretofore duly ordered and contracted to be made in accordance with the provisions of Hinnesota Statutes, Chapter 429, and is issued pursuant to and in full conformity with the Constitution and laws of the State of I'sinnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council. This bond is payable primarily from the Temporary Improvement Bond Fund of said Village, to which fund there have been irrevocably appropriated the special assessments to be levied in respect of the improvement financed by said issue, and into which fund there are to be paid the proceeds of definitive improvement bonds which the Village is required by law to issue at or prior to the maturity of this bond for the purpose of refunding the same so far as the collections of taxes and special assessments on hand in said fund are not sufficient for the payment thereof. All bonds of this issue are each subject to redemption and prepayment at the option of the Village on June 1 or December 1, 1972, at par and accrued interest, on notice of call for redemption published not less than 30 days be- fore the date specified for redemption in a financial newspaper published in a ;1innesota city of the first class, or its metropolitan area. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Min- nesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obliga- tion of said Village according to its terms have been done, do exist, have happen- ed and have been performed as so required; that ad valorem taxes, if needed for the payment of principal and interest, may be levied upon all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitu- tional or statutory limitation. -5- IN WITNESS WHEREOF the Village of Mendota heights, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the signa- ture of the Ilayor, attested by the signature of the Clerk, and by affixation hereto 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 June 1, 1970. Attest* Clerk Mayor (SEAL) (Form of Coupon) No. On the lst day of December (June), 19 , unless the bond described be- low has been duly called for earlier redemption, the Village of Mendota Heights, Dakota County, Minnesota, will pay to bearer at in , Minnesota, the sum shown hereon in lawful money of the United States of America for interest then due on its Temporary Improvement Bond, Series 1970, dated June 1, 1970. (Facsimile signature) Clerk (Facsimile signature) Mayor (Form of certificate to be printed on the back of each bond following the approving 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 !4endota Heights, T-..innesota, which includes the within bond, dated as of the date of de- livery of and payment for the bonds. (Facsimile signature) Clerk -6- (Facsimile signature) Mayor 8. Said bonds shall be prepared for execution under the direction of the Village Clerk and executed on behalf of the Village by the signature of the Mayor, attested by the signature of the Village Clerk, and by affixation of the corporate seal of the Village on each bond, and the appurtenant interest coupons and the cer-- tificate as to opinion of bond counsel on the back of each bond shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and Clerk. When the bonds have been so executed and authenticated, they shall be delivered by the Village Treasurer to the purchaser thereof upon payment of the purchase price specified in the contract of sale, and the purchaser shall not be obligated to see to the application of the purchase price. 9. Each and all of the terms and provisions of this resolution shall constitute a covenant and agreement on the part of the Village with the holders from time to time of each bond issued hereunder. The Village Clerk is hereby au- thorized and directed forthwith to file a certified copy of this resolution with the County Auditor of Dakota County, and to obtain from the County Auditor a certifi- cate that said bonds have been duly entered upon his register. 10.R The officers of the Village and the County Auditor of Dakota County are hereby authorized and directed to prepare and furnish to the purchaser of the bonds issued hereunder, and to the attorneys approving the legality of the issuance thereof, a certified copy of this resolution and of all other proceedings relating to said bonds, together with such affidavits, certificates and information as may be reasonably required to show the legality and marketability of said bonds, as such information appears from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits shall be deemed representations of the Village as to the correctness of all statements contained therein. The motion for the adoption of the foregoing resolution was duly seconded by Member Blair and upon vote being taken thereon, the following members voted in favor thereof: all!H yea and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Member Huber then introduced the following resolution and moved its adoption: RESOLUTION NO. 340 RESOLUTION AWARDING SALE OF $180,000 IMPROVEMENT BONDS OF 1970 BE IT RESOLVED by the Village Council of the Village of Mendota Heights, Minnesota, that the highest and best bid for the purchase of $180,000 Improvement Bonds of 1970 of the Village, dated May 1, 1970, received pursuant to public ad- vertisement for bids, is that of Dain, Kalman & Quail, Inc. of Minneapolis , Minnesota , and associates, said bid stating a price of par and accrued interest plus a premium of $ -0- , for bonds to be issued in accordai a with the published notice of sale and to bear interest at the following rates per annum: Maturity Years 1971-76 1977-79 1980-82 1983-86 -7- Interest Rate 6.4% 6.5% 6.7% 6.9% Said bid is hereby accepted, and said bonds are hereby declared to be awarded to said bidder. The Mayor and Clerk are hereby authorized to execute the contract for sale of said bonds to said bidder in behalf of the Village, and the good faith check of said bidder shall be held by the Village pending delivery of and payment for the bonds. The good faith checks of the other bidders shall be. returned to them by the Clerk. The motion for the adoption of the foregoing resolution was duly seconded I y Member Blair and upon vote being taken thereon, the following voted in favor thereof: all yea and the following voted against the same: none whereupon said resolution was declared.duly passed and adopted. Member Huber thereupon introduced the following resolution and moved its adoption: RESOLUTION NO. 341 RESOLUTION AUTHORIZING AND ESTABLISHING THE FORM AND DETAILS OF $180,000 IMPROVEMENT BONDS OF 1970, AND LEVYING TAXES AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the Village of Mendota Heights, Minnesota, as follows: 1. It is hereby found and determined that the Village did heretofore issue $220,000 Temporary Improvement Bonds of 1967, dated June 1, 1967, for the purpose of paying costs of the Village for construction of a local improvement, which bonds were authorized by resolution of the Council adopted on June 6, 1967; that all of said bonds were validly issued and constitute legal obligations of the Village in their full amount; that all of said bonds are now outstanding and be- come due and payable on June 1, 1970; that the amount of moneys remaining on hand in the Temporary Improvement Bond Fund and available for the payment of said Tem- porary Improvement Bonds is approximately equal to and not less than $43,850, of which amount $3,850 is required for the payment of interest on said bonds coming due on their maturity, and $40,000 is available for and will be applied to payment of principal; and that it is necessary to issue $180,000 definitive improvement bonds to refund the same principal amount of said Temporary Improvement Bonds matur- ing on 'Jung' 1, 1970. 2. There is hereby created a fund to be known as the 1970 Definitive Improvement Bond Fund, which shall be maintained at all times as a separate account on the books of the Village. Into it shall be paid from the Temporary Improvement Bond Fund any bond proceeds or special assessment collections received on account of the issuance of said Temporary.Improvement Bonds of 1967, to the extent that they are not applied to the payment of principal and interest due on said bonds on June 1, 1970. Into said 1970 Definitive Improvement Bond Fund shall also be paid the accrued interest received upon delivery of the bonds herein authorized, and the collections of all special assessments levied on account of the improvement financed by said 1967 temporary bonds, and the collections of all general ad valorem taxes herein or hereafter levied for payment of the bonds herein authorized. Moneys in said 1970 Definitive Improvement Bond Fund shall be used only for the payment or prepayment of principal and interest on the bonds herein authorized, including pre- miums for redemptions before maturity. -8- 3. The definitive improvement bonds of the Village hereinabove determined to be issued shall be designated as "Improvement Bonds of 1970", all payable pri- marily from the 1970 Definitive Improvement Bond Fund of the Village. They shall forthwith be issued and delivered to , of , , as the successful bidder therefor, in ac- cordance with the official advertisement for bids heretofore published and the bid of said bidder accepted by this Council. Said bonds shall be dated as of May 1, 1970, shall be 36 in number and numbered serially from 1 to 36, inclusive, each in the denomination of $5,000, and shall mature serially on 1UkW .- 1 in the years and amounts set forth below, and the bonds of each maturity shall bear interest at the rate per annum shown opposite the year of maturity, as follows: Year Amount Rate Year Amount Rate 1971 $10,000 6.40% 1979 $10,000 6.5% 1972 10,000 6.40% 1980 10,000 6.7% 1973 10,000 6.40% 1981 10,000 6.7% 1974 10,000 6.40% 1982 10,000 6.7% 1975 10,000 6.40% 1983 15,000 6.9% 1976 10,000 6;,,J% 1984 15,000 6.9% 1977 10,000 6.5% 1985 15,000 6.9% 1978 10,000 6.5% 1986 15,000 6.9% The bonds shall also bear additional interest, represented by separate "B" coupons, from none , 19 , to none , 19 , at the rate of % per annum. All interest shall be payable on February 1, 1971, and semiannually thereafter on each August 1 and February 1. The bonds maturing in the years 1971 through 1980 shall be without option of prior payment, but those maturing in 1981 and later year_ shall each be subject to redemption and prepayment at the option of the Village in inverse order of serial numbers on August 1, 1980, and any interest payment date thereafter, at par and accrued interest, plus a premium of 1% of par value for any bond redeemed before August 1, 1984, or no premium for any bond redeemed on or after August 1, 1984. All redemptions shall be made on notice of call for redemption pub- lished not less than 30 days prior to the date specified for redemption in a daily or weekly periodical published in a Minnesota city of the first class or its met- ropolitan area, which circulates throughout the state and furnishes financial news as a part of its service. The notice shall also be mailed to the bank.at which principal of and interest on said bonds is then payable, but published notice shall be effective without mailing. The principal of and interest on said bonds shall be payable at First National Bank of St. Paul , in St. Paul , Minnesota , and the Village hereby agrees to pay the reasonable and custom- ary charges of said paying agent for the receipt and disbursement thereof. 4. Said bonds and the interest coupons appurtenant thereto shall be in substantially the following form: f UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA VILLAGE OF MENDOTA HEIGHTS IMPROVEMENT BOND OF 1970 No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of Mendota Heights, Dakota County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of August, 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 redemption, and to pay interest thereon at the rate of per cent ( %) per annum, from the date hereof until said principal sum is paid, or, if this bond is redeemable, until it has been duly called for earlier redemption, plus additional interest, represented by the separate "B" coupons appurtenant hereto, at the rate of per cent ( %) per annum, from 19 , to , 19 , or prior maturity, the interest on said bonds being payable on February 1, 1971, and semiannually thereafter on August 1 and February 1 of each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto. Both principal 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 said principal and interest as the same respectively become due, the full faith, credit and unlimited taxing powers of said Village have been and are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $180,000, all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity, issued for the purpose of paying and refunding at maturity a portion of the principal amount of temporary improvement bonds issued in 1967, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling. This bond is payable primarily from the 1970 Definitive Improvement Bond Fund of the Village, but the Council'is required by law to pay maturing principal hereof and interest hereon out of any funds in the treasury if moneys on hand in said special fund are ;insufficient therefor. Bonds of this issue maturing in 1980 and earlier years are without option of prior payment. Bonds of this issue maturing in 1981 and later years are each subject to redemption at the option of the Village in inverse order of serial numbers on August 1, 1980, and any interest payment date thereafter at a price of 101 plus accrued interest if redeemed before August 1, 1984, or par plus accrued interest if redeemed on or after August 1, 1984. Notice of call for redemption will be published not less than 30 days before the date specified for redemption in a financial periodical published in a Minnesota city of the first class or its metro- politan area. IT IS 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 precedent to and in the issuance of this bond in order to make it a valid and binding general obliga- tion of said Village according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the Village has duly levied general ad valorem taxes and special assessments for,the -10- years required and in amounts sufficient to produce sums not less than 5% in excess of the amounts required to pay the principal of and interest on the bonds of this issue as such principal and interest respectively become due, and has appropriated the same to said fund, and additional ad valorem taxes, if needed for said purpose, may be levied upon all taxable property within the Village without limitation as to rate or amount; 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 Mendota Heights, Dakota County, Minnesota, by its Village Council, has caused this bond to be executed in its be- half by the signature of its Mayor, attested by the signature of the Village Clerk, and the corporate seal of the Village to be affixed hereto, and has caused the in- terest coupons appurtenant hereto and the certificate as to legal opinion on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, all as of May 1, 1970. Attest: Village Clerk No. (Form of Coupon) Mayor On the 1st day of February (August), 19 , the Village of Mendota Heights, Dakota County, 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 Improvement Bond of 1970, dated May 1, 1970, No. (Facsimile signature) Village Clerk (Facsimile signature) Mayor (Certificate as to legal opinion to be printed on the reverse side of each bond) 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 Mendota Heights, Minnesota, which includes the within bond, dated as of the date of deliv- ery of and payment for the bonds. (Facsimile signature) Village Clerk -11- (Facsimile signature) Mayor 11 5. The bonds shall be forthwith prepared for execution under the direc- tion of the Village Clerk, and shall then be executed by the signature of the Mayor, attested by the Village Clerk and sealed with the corporate seal of the Village, and the appurtenant interest coupons and the certificate as to legal opinion shall be executed and authenticated by the printed, lithographed or engraved facsimile signatures of said Mayor and Clerk. When so executed, the bonds shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon, and said purchaser shall not be obligated to see to the application of the purchase price. Not less than $180,000 of said purchase price shall, however, be credited and paid to the Temporary Improvement Bond Fund, for the redemption of the same principal amount of said Temporary Improvement Bonds, due and payable on June 1, 1970. 6. The full faith and credit of the Village shall be and are hereby pledged to the prompt and full payment of said bonds and the interest thereon. It is hereby found and determined that the Village has heretofore levied special assessments upon property benefited by said improvement in the amount of $ 210,000 , of which $ 198,000 principal amount remains uncollected. Said assessments are payable in equal annual installments in the years 1970 through 19 87 , with interest at the rate of 6 % per annum on unpaid install- ments. In the event that any assessments levied for said improvement be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceedings taken or to be taken by the Village or this Council or any of the Village's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the Village and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessment a valid and binding lien upon such property. 7. There is hereby levied a direct, annual, ad valorem tax on all tax- able property in the Village, which shall be collectible in the years and amounts as follows: Collection Collection Year Amount Year Amount 1971 $1,000 1979 $1,000 1972 1,000 1980 1,000 1973 1,000 1981 1,000 1974 1,000 1982 1,000 1975 1,600 1983 1,000 1976 1,000 1984 1,400 1977 1,000 1985 6,000 1978 1,000 1986 5,300 The collections of the foregoing taxes are hereby irrevocably appropriated to the 1970 Definitive Improvement Bond Fund, and shall be irrepealable except as provided in Minnesota Statutes, Section 475.61, Subdivision 3. 8. It is hereby estimated that the collections of said taxes and assess- ments and interest thereon will provide amounts not less than 105% of the principal of and interest on said bonds as they become due. 9. The Clerk is hereby directed to file a certified copy of this resolu- tion with the County Auditor of Dakota County and to obtain said Auditor's certifi- cate in accordance with Minnesota Statutes, Sections 475.61 through 475.63; and the officers of the Village and County are hereby authorized and directed to fur- nish to the purchaser of said bonds, and to the attorneys approving the legality thereof, certified copies of all ordinances, resolutions and other actions and proceedings of the Village relating to the issuance of said bonds, and certificates -12- and affidavits as to all such other matters as may be required by them to evidence the legality and marketability of said bonds, and all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall be deemed recitals of the Village of Mendota Heights as to the correctness of all statements contained therein. 10. When all bonds issued pursuant to this resolution, and all coupons appertaining thereto, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the bonds shall cease. The Village may discharge all bonds and coupons which are due on any date by depositing with the paying agent or agents for such bonds on or before that date a sum sufficient for the payment thereof in full; or if any bond or coupon should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest ac- crued to the date of such deposit. The Village may also discharge any prepayable bonds according to,their terms, by depositing with the paying agent or agents on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The Village may also at any time discharge any issue of such bonds in its entirety, subject to the provisions of law now or hereafter author- izing and regulating such action, by calling all prepayable bonds of such issue for redemption on the next date when they may be prepaid in accordance with their terms, by giving the notice required for such redemption, and by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing in- terest payable at such times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums, if any, to be- come due on all bonds of the issue on and before said redemption date. The motion for the adoption of the foregoing resolution was duly seconded by Member Blair , and upon vote being taken thereon, the following voted in favor thereof: all yea and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Member Huber then introduced the following resolution and moved its adoption: RESOLUTION NO. 338 RESOLUTION AWARDING SALE OF $60,000 CERTIFICATES OF INDEBTEDNESS BE IT RESOLVED by the Village Council of the Village of Mendota Heights, Dakota County, Minnesota, that the bid of Valley National Bank , of Egan Township , Minnesota to purchase $60,000 Certificates of Indebtedness of the Village to be dated May 1, 1970, at a price of par and accrued interest plus a premium of $ , the certifi- cates to bear interest at the rate of 5.8% % per annum, and -to be issued in all other respects in accordance with the notice of sale heretofore duly published, is hereby found and declared to be the highest and best bid received pursuant to ad- vertised notice of sale of said certificates, andis hereby accepted. The Village ,✓' Clerk is directed to retain the good faith check of said successful bidder and to r' return all other good faith checks forthwith. -13- The motion for the adoption of the foregoing resolution was duly seconded by Member Blair , and upon vote being taken thereon, the following voted in favor thereof: all yea and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Member Huber then introduced the following resolution and moved its adoption: RESOLUTION NO. 339 RESOLUTION DETERMINING THE FORM AND DETAILS OF $60,000 CERTIFICATES OF INDEBTEDNESS OF THE VILLAGE, CREATING A SINKING FUND THERE- FOR, AND LEVYING TAXES FOR THE PAYMENT THEREOF ' BE IT RESOLVED by the Village Council of the Village of Mendota Heights, Dakota County, Minnesota, as follows: 1. The Village shall forthwith issue its negotiable coupon general obliga- tion Certificates of Indebtedness in the aggregate principal amount of $60,000, all dated May 1, 1970, said certificates to be 12 in number and numbered from 1 to 12, each in the denomination of $5,000, the certificates to bear interest until paid at the rate of % per annum, payable on February 1, 1971, and semiannually thereafter on August 1 and February 1 of each year. Said certificates shall mature serially on August 1 in the amount of $10,000 in each of the years 1971 and 1972, and $20,000 in each of the years 1973 and 1974, without option of prior payment. The principal of and interest on said certificates shall be payable at First National Bank of Minneapolis, Minnesota , and the Village agrees to pay the reasonable and customary charges of said paying agent. 2. Said certificates and the interest coupons to be thereto attached shall be in substantially the following form: -14- UNITED STATES OF AMERICA STATE OF 1IINNESOTA COUNTY OF DAKOTA VILLAGE OF MENDOTA HEIGHTS CERTIFICATE OF INDEBTEDNESS No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of 14teadota Heights, Dakota County, Minnesota, acknowledges itself to be indebted and for value re- ceived promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of August, 19 , without option of prior payment, and promises to pay in- terest on said principal sum from the date hereof until said principal sum be paid, at the rate of per cent ( %) per annum, payable on February 1, 1971, and semiannually thereafter on the first day of August, and the 1st day of February of each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons hereto attached. Both principal 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 inter- est as the same become due the full faith, credit and taxing powers of the Vil- lage are hereby irrevocably pledged. This certificate is one of an issue of $60,000 aggregate principal amount, all of like date and tenor except as to serial number and maturity, issued by said Village for the purpose of purchasing street maintenance and fire -fighting equipment, and is issued pursuant to resolutions duly adopted by the Village Council and in full conformity with the Constitution and laws of the State of :Minnesota thereunto enabling. 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 exist, to happen and to be performed precedent to and in the issuance of this certificate in order to make it the valid and binding general obligation of the Village according to its terms have been done, do exist, have happened and have been performed 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 taxable property in the Village for the years and in amounts at least 5% in excess of sums sufficient to pay the interest hereon and the principal hereof as the same respectively become due, and additional taxes, if needed for such purpose, will be levied upon all such property without limi- tation as to rate or amount; and that the issuance of this certificate did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. IN 14ITNESS WHEREOF, the Village of Mendota Heights, Dakota County, 11innesota, by its Village Council, has caused this certificate to be executed in its behalf by the signature of the 1"_ayor, attested by the Village Clerk, and sealed with its corporate 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 Mayor and Clerk, and has caused this certifi- cate to be dated as of ?Iay 1, 1970. f. Mayor Attest: Village Clerk -u- (Form of Coupon) No. On the 1st day of February (August), 19 , the Village ofrendota Heights, Dakota County, Hinnesota, will pay to bearer at , the sum shown hereon in lawful money of the United States of America for interest then due on its Certificate of Indebtedness, dated Mlay 1, 1970, No. (Facsimile signature) (Facsimile signature) Village Clerk Nayor (Form of certificate to be printed on the reverse side of each certificate following a full copy of the legal opinion on this 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 certificates of the Village of Mendota Heights, Dakota County, itinnesota, which includes the within certificate, dated as of the date of delivery of and payment for the certificates. (Facsimile signature) (Facsimile signature) Village Clerk Hayor -16- 3. Said certificates shall be prepared under the direction of the Village Clerk and the attorneys, and when so prepared, shall be executed in behalf of the Village by the signature of the Mayor, attested by the Village Clerk, and sealed with the corporate seal of the Village, and the interest coupons and certificate as to the opinion of bond counsel shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Clerk. When said certificates have been so executed and authenticated, they shall be delivered by the Village Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and said purchaser shall not be required to see to the application thereof. 4. A separate sinking fund for said certificates is hereby created, to be designated as the "1970 Certificates of Indebtedness Fund," and shall be kept by the Treasurer apart from all other funds of the Village and used for no purpose other than payment of principal and interest on said certificates; 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 the taxes hereinafter levied pursuant to this resolution and all - other moneys received for or appropriated to the payment of said certificates and interest. 5. For the prompt and full payment of the principal of and interest on said certificates as the same respectively become due, the full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged. To pro- vide moneys for the payment thereof, there is hereby levied upon all of the taxable property in the Village a direct, annual tax, which shall be spread upon the tax rolls and collected with and as a part of other general property taxes in the Vil- lage, in the years and amounts as follows: Collection Year Amount 1971 15,800 1972 12,610 1973 21,740 1974 21,580 Said tax shall be irrepealable as long as and until the full amount thereof shall have been paid; 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 Dakota County a certified copy of this resolution, 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 certificates has been levied, and that said certificates have been entered upon his bond register. 7. The officers of the Village and the County Auditor of Dakota County are hereby authorized and directed to prepare and furnish to the purchaser of said certificates, and to the attorneys approving the legality of the issuance thereof, _ certified copies of all proceedings and records of the Village relating to said certificates and to the financial condition and affairs of the Village, and such ter; other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of said certificates as the same appear from the books and records under their custody and control or as otherwise known -17- l to them, and all such certified copies; certificates and affidavits, including any heretofore furnished, sliall be deemed representations of the Village as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded by Member Blair , and upon vote being taken thereon, the follow- ing voted in favor thereof: all yea and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. 1 -18- 0 3 STATE OF MINNESOTA) - ss. TREASURERS CERTIFICATE AND RECEIPT 3 .COUNTY OF -DAKOTA ) I, the undersigned, being theduly qualified and acting Treasurer• of the=Village of.Mendota Heights, Dakota,.County; Minnesota; hereby certify and.t :acknowledge _that on the'date of this instrument I received , f rom the'- AMERICAN - NATIONAL BANK AND TRUST.COMPANY,'of.St.:Paul- Minnesota, as put chaser thereof, the .purchase -price of $1, 550, 000 Temporary -•Improvement Bonds, Series 1970 of,' ' Village, dated.as ,of June 1,:•1970,. said purchase price being computed as _ ° follows: t, �Par,Value $1,550,000.00. _ fr- Premium _ 307.00. - Accrued interest,' from. June 1970. to date,,hereof - at 5.40% _ = per annum - „ -1, •! • i r Total Purchase :Price $ !.'5- and-that and;that I 'thereupon delivered said 'bonds. to said purchaser: °WITNESS my -hand officially -as`-.,such .Trea.surer-'this day of .. •� � .`'� a 1970. } ., •4: , .._ ; , .._.. _ _ , _ , _ • w 1 Y � •` - - .. • . i; . Village eas rer. . -y;{� ,- ,. , ♦i' f •` � , - ,4 .. ill s' �b�`,\ye__ •e�si _ ;i,a, y. • - Y - ,,,f''• ,,,; '�_ �_'�' ,3LL.f,, +f�"i.1 a^:s� �Tv. t' 3i•'t,_ .. • , ��! _ _ •a•, 3 4 d . i •�' M1.Y `'"i.t , l y *' f• -}Y. +e ,I 4 `4'0 + - s , . , r• -- - I- - •�. -,, , ;, ,�t...i.-,4�," __"�.,-.�7:. ­,�-- , ,- -: -�� ", ,� 1�­__ - .-� ­ ,-t!:--� 1, -, � ,,P,�, �I 1, . - "'. ,t , ,-A� 11,:.�---,,-, �,:­-` ir. ,�, .-, � , " 70 . . �_�.. � , ,- , , *o � .1Z ,..%; ``.`� � �;:�.� ,.,,,1,;.-.-,-I � 1_z ',,,, . --, ., _ � � .- ._�.,�­m��" �-rI--. , % I ,!,�,;;!., , t";� �. 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