HomeMy WebLinkAbout1965-245 CCR After due consideration of the bids for $190,000 Library Bonds, Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -245 RESOLUTION AWARDING THE SALE OF $190,000 LIBRARY BONDS, FIXING THE FORM AND SPE- CIFICATIONS THEREOF, DIRECTING THEIR EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1. The bid of Kalman Company, Inc. of Minneapolis, Minnesota and Associates to purchase $190, 000 Library Bonds of the village described in the notice of sale thereof 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, said bid being to purchase bonds bearing interest as follows: Bonds maturing in 1967 to 1976, inclusive, 3.70% per annum; Bonds maturing in 1977 to 1985, inclusive, 3.80% per annum, Plus additional interest of 1.20% per annum from 3 -1 -66 to 1 -1 -67 at a price of $190,000. The village 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 village clerk is directed to return the checks of the unsuccessful bidders forthwith. 2. The village shall forthwith issue its negotiable coupon Library Bonds in the principal amount of $190,000, dated January 1, 1966, being 38 in number and numbered 1 to 38, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, payable January 1, 1967, and semiannually thereafter on January 1 and July 1 in each year, and which bonds mature serially on January 1 in the amount of $10,000 in each of the years 1967 to 1985, both inclusive, all bonds maturing after January 1, 1979, being subject to redemption on said date and any interest payment date thereafter, in inverse numerical order, at par and accrued interest. 3. In accordance with the request of the purchaser, both principal and interest shall be payable at the Fidelity Bank and Trust Company, in Minneapolis, Minnesota, and the village 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: Resolution No. 65 -245. No. ,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER LIBRARY BOND OF 1966 KNOW ALL MEN BY THESE PRESENTS That the Village of Brooklyn Center, Hennepin County, Minnesota, acknowledges itself to be indebted and, for value received, hereby promises to pay to bearer the sum of THOUSAND DOLLARS on the 1st day of January, 19 and to pay interest thereon at the rate of all interest payable January 1, 1967, and semiannually thereafter on the 1st day of January and the 1st day of July in each year, in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal of. and interest on this bond are payable at in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts, and for the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the village have been and are hereby irrevocably pledged. All bonds of this issue maturing after January 1, 1979, are subject to redemption, at the option of the village, on said date and any interest payment date thereafter, in inverse numerical order, at par and accrued interest, upon thirty days prior notice by mail to the bank where the bonds are payable and to the last known holder. Holders of redeemable bonds who desire to receive such notice must register their names, addresses and bond numbers with the village clerk. All others will be deemed to have waived mailed notice. This bond is one of an issue of bonds in the total principal amount of $190,000, all of like date and tenor except as to interest rate, maturity and redemption privilege, all issued by the village for the purpose of providing money to construct and equip a library and is issued pursuant to authority conferred by more than the requisite majority vote of the qualified electors of the village voting on the question of the issue at an election duly and regularly called and held and pursuant to 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 happen, and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in 'a Resolution No. 65 -245. regular and due form, time and manner as required by law; that prior to the issuance hereof a direct annual irrepealable ad valorem tax has been duly levied upon all of the taxable property in the village in the years and amounts as required by law and additional taxes may be levied upon all of said property, if required to pay principal or interest, without limitation as to rate or amount; and that this bond, together with all other indebtedness of the village 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 WHEREOF, The Village of Brooklyn Center, Hennepin County, Minnesota, by its Village Council, has caused this bond to be signed by the facsimile signature of the Mayor and the manual signature of the Village Clerk, and sealed with the corporate seal of the village, and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of January 1, 1966. (facsimile signature) Mayor Village Clerk (SEAL) (Form of Coupon) No. On the 1st day of January (July) 19 the Village of Brooklyn Center, Hennepin County, Minnesota, will pay to bearer, at the amount set forth hereon, being the installment of interest then due on its Library Bond of 1966 dated January 1, 1966, No. (facsimile signature) Mayor (facsimile signature) Village Clerk 5. The village clerk shall obtain a co of the proposed approving g copy P p pp g legal opinion of Messrs. Howard, Peterson, LeFevere, Lefler and Hamilton, Minneapolis, Minnesota, 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: Resolution No. 65 -245. 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) Village Clerk Village of Brooklyn Center, Minnesota The clerk shall obtain a copy of the opinion at the time of bond delivery and execute a separate certificate as to such opinion upon receipt of such opinion and shall file the opinion in his office. 6. The Administrative Officer is directed to cause said bonds to be prepared for execution by the village clerk and to affix the village seal thereto and to cause the interest coupons to be executed and authenticated by the printed facsimile signatures of the said officers. The said bonds, when so executed, shall be delivered by the treasurer to the purchaser thereof upon receipt of the purchase price and the purchaser shall not be obligated to see to the proper application thereof. 7. For the purpose of paying the principal of and interest on said bonds, there is hereby levied upon all of the taxable property in the village a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general taxes of the village, and be paid into the Bond Redemption Fund, which tax is to be levied in the years stated (collected in the following year) and in amounts as follows: YEAR LEVY YEAR LEVY YEAR LEVY 1966 $17,600 1972 $15,300 1978 $12,900 1967 17,200 1973 14,900 1979 12,500 1968 16,900 1974 14,500 1980 12,100 1969 16,500 1975 14,100 1981 11,700 1970 16,100 1976 13,700 1982 11,300 1971 15,700 1977 13,300 1983 10,900 There is also appropriated, out of general funds of the village, the sum of $20,000 which shall be used to pay interest and principal falling due January 1, 1967. 8. The clerk is hereby authorized and directed to deliver a certified copy of this resolution to the county auditor of Hennepin County, together with such other information as the county auditor may require, and to obtain his certificate that the issue has been entered upon his register and that a tax has been levied as required by law. r Resolution No. 65 -245. 9. The tax levy herein provided shall be irrepealable until all of said bonds are paid, provided that the clerk shall annually, prior to October 10th, certify to said county auditor any amount appropriated to the said Park Bond Redemption Fund to pay principal and interest due during the ensuing year, and the county auditor shall thereupon reduce the levy collectible during such year by the amount so certified, 10. The clerk and treasurer are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving said issue, certified copies of all proceedings and records relating to the issuance of said bonds and to the right, power and authority of the village and its officers to issue the same and said certified copies and certificates shall be deemed the representations of the village as to all matters stated therein. December 13, 1965 Date Mayor ATTEST: CAJ Clerk The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Earl Simons, john Leary, Howard Heck and Phil Cohen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.