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Res 67 - 90 Authorizing & Establishing the Form & Details of $320,000 Improvement Bonds of 1967, & Appropriating Special Assessments for the Payment ThereofRESOLUTION AUfiSORIZING AND ESTABLISHING ZM FORM y AND DETAILS OF $320,000 IMPROVE�k'�PtT BONDS OF 1967, ' AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE " PAYMENT `1HEREOF 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 $360,000 Temporary Improvement Bonds of 1965, dated July 1, 1965, for the r purpose of paying costs of the Village for construction of a local improvement designated as Water and Sewer Improvements of 1965," which bonds were authorized by resolution of the Council adopted on June 30, 1965; 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 become due and payable on July 1, 1967; that the amount of moneys remaining on hand in the Temporary Improve- ment Bonds of 1965 Fund and available for the payment of said Temporary Improve- ment Bonds is $44,$60, of which amount $4,860 is required for the payment of in- terest on said bonds coming due on their maturity; and $40,000 is available for the payment of principal thereon; and that is is necessary to issue $320,000 definitive improvement bonds to refund the same principal amount of said Tempor- ary Improvement Bonds maturing on July 1, 1967. 2. The Temporary Improvement Bonds of 1965 Fund created in and by the resolution above referred to shall be continued, but shall be designated hence- forth as the "1967 Definitive Improvement Bond Fund," and separate accounts shall not be maintained therein. All collections of special assessments levied on account of said improvement shall be paid into said fund, and moneys therein shall be used only for payment of principal and interest on the bonds herein authorized and on any other bonds made payable therefrom. 3. the definitive improvement bonds of the Village hereinabove deter- mined to be issued shall be designated as "Improvement Bonds of 1967", all pay- able primarily from the 1967 Definitive Improvement Fund of the Village. They shall forthwith be issued and delivered to Dain, Kalman & Co., Inc. and associates of Minneapolis , Minnesota , as the successful bidder therefor, in accordance 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, 1967, shall be 64 in number and numbered serially from 1 to 64 , inclusive, each in the denomination of $ 5,000.00 , and shall mature serially on February 1 in the years and amounts set forth below, and the bonds of each maturity shall bear interest at the rate per annum shown apposite the year of maturity, as follows: U Year Amount Rate Year Amount Rate 1968 $10,000 3.7010 1978 $20,000 4.010 1969 20,000 3.70% 1979 20,000 4.0% 1970 20,000 3.70% 1980 20,000 4.07o 1971 20, 000 3.70% 1981 20,000 4.0% 1972 20,000 3.70% 1982 10,000 4.07o 1973 20,000 3.70% 19$3 10,000 4.010 19T4 20,000 3.70% 1984 10,000 4.1010 1975 20,000 3.800lo- 1985 10,000 4. 10% 1976 20,000 3.8076 19% 10,000 4. 101 1977 20,000 4.0% The bonds shall also bear additional interest, represented by separate "B" cou- pons, from August I , 1967 , to February I , 1968, at the rate of 1.9% per annum. All interest shall be payable on February 1, 1968, and semi- annually thereafter on each August 1 and February 1'. The bonds maturing in the years 1968 through 1979 shall be without option of prior payment, but those ma- turing in 1980 and later years shall each be subject to redemption and prepayment at the option of the Village in inverse order of serial numbers on August 1, 1977, and any interest payment date thereafter, at pear and accrued interest, plus a premium of 1% of per value for any bond redeemed before February 1, 1981, or no premium for any bond redeemed on or after February 1, 1981. All redemptions ' shall be made on notice of call for redemption mailed not less than 30 days prior to the date specified for redemption to the holder, if known, and to the bank at which the bonds are then payable. The Village Treasurer and his successors in office shall maintain a register in which they shall note the names and addresses of holders of redeemable bods, and the serial numbers of such bonds, so far as such information is made available to them. The principal of and interest on said bonds shall be payable at Northwestern National Bank of Minneapolis , in Minneapolis s Minnesota , and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and dis- bursement thereof. 4. Said bonds and the interest coupons appurtenant thereto shall be in substantially the following form: -4- WIN MOC 0 "ID VILLAGE OF MEtNDOMk HEIGHTS No. $ lb KNOW ALL MEAT BY 7RESE PRESENTS that the Village of Mendota Heights, Dakota County, Minnesota, acknowledges itself to be indebted and for value re- ceived promises to pay to bearer the sum of 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 called for 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 shall have been duly called for redemption, plus additional interest, represented by the separate "B" coupons appurtenant hereto, at the rate of per cent ( %) per annum, from 19 , to 19 , only, all interest being payable on February 1, 1968, and semiannually thereafter on August l.and February 1 of each year, and 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 s 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 Rall 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 $320,000, all of like date and tenor except as to serial number, redemption priv- ilege, interest rate and maturity, issued for the purpose of paying and refunding at maturity a portion of the principal amount of temporary improvement bonds issued in 1965, and is issued pursuant to and in full conformity with the provi- sions of the Constitution and laws of the State of Minnesota thereunto enabling. This bond is payable primarily from the 1967 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 1979 and prior years are without option of redemption, but those maturing in 1980 and later years are each subject to redemption and prepayment at the option of the Village, in inverse order of serial numbers, on August 1, 1977, and any interest payment date thereafter, at par and accrued interest, plus a premium of 1% of par value for any bond redeemed before February 1, 1981, or no premium for any bond redeemed on or after said date. All -5- redemptions will be made upon notice of call for redemption mailed not less than 30 days prior to the date specified for redemption to the holder, if known, and to the bank at which principal and interest on bonds of this issue are then payable. Holders of redeemable bonds who wish to receive such notice must submit their names and addresses and the serial numbers of such bonds held by them to the Vil- lage Treasurer. IT IS HEREBY CERTIFIED, RECIND, COVE WMM 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 here- of the Village has duly levied special assessments for the years required and in amounts sufficient to produce sums not less than 5% in excess of the amounts re- quired 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 general 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 WHERBDF, the Village of Mendota Heights, Dakota County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf 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 interest coupons appurtenant hereto and the certificate as to legal opinion on the reverse side hereof to be executed and authenticated by the facsimile 81g - natures of said officers all as of May 1, 1967. Attest: Village Clerk M Mayor (Form of Coupon) No. U On the lst day of August (February), 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 1957, dated May 1, 1967, No. (Facsimile signature) (Facsimile signature) Village Clerk 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 anc 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 delivery of and payment for the bonds. (Facsimile signature) Village Clerk -7- (Facsimile signature) Mayor 5. Dae bonds shall be forthwith prepared for execution under the direction 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 en- graved 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. Said purchase price shall, how- ever, be credited and paid to the Temporary Improvement Bonds of 1965 Fund, for the redemption of the same principal amount of said Temporary Improvement Bonds, due and payable on July 1, 1967. 6. the full faith and credit of the Village shall be and in 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 improvements in the amount of $346,286.95 , of which $316, 730. 54 principal amount remains uncollected. Said assessments are payable in equal annual installments in the years 1967 through 1986, with interest at the rate of 6% per annum on unpaid installments. In the event that any assessment levied for said improvement be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, de- fect 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. It is hereby estimated that the collections of said assessments and interest thereon will provide amounts not less than 1056 of the principal of and interest on said bonds as they become due. 8. The Clerk is hereby directed to file a certified copy of this reso- lution with the County Auditor of Dakota County and to obtain said Auditor's cer- tificate in accordance with Minnesota Statutes, Sections 475.62 and 475.63; and the officers of the Village and County are hereby authorized and directed to furnish to the purchaser of said bonds, and to the attorneys approving the legal- ity thereof, certified copies of all ordinances, resolutions and other actions and proceedings of the Village relating to the issuance of said bonds, and certifi- cates 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, certificates 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. 9. When all bonds issu appertaining thereto, have been d: pledges, covenants and other righ the bonds shall cease. The Villa, due on any date by depositing wit,, or before that date a sum suffici, bond or coupon should not be paid depositing with the paying agent with interest accrued to the date ' any prepayable bonds according to or agents on or before that date redemption premium,, if any, which d pursuant to this resolution, and all coupons .scharged as provided in this section, all S granted by this resolution to the holders of ;e may discharge all bonds and coupons which are the paying agent or agents for such bonds on int for the payment thereof in full; or if any when due, it may nevertheless be discharged by sum sufficient for the payment thereof in full of such deposit. The Village may also discharge their terma, by depositing with the paying agent ,n amount equal to the principal, interest and are then due, provided that notice of such re- demption has been duly given as provided herein. 4he City may also at any time discharge any issue of such bonds in its entirety, subject to the provisions of law now or hereafter authorizing and regulating such action, by calling all pre- payable bonds of such issue for redemption on the next date when they may be pre- paid in accordance with their terms, by giving the notice required for such re- demption, 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 interest 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 to become due on all bonds of the issue on and before said re- demption date. The motion for the adoption of the foregoing resolution was dualy seconded by Member Mertensotto , 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.