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HomeMy WebLinkAbout1955 09-14 CCM Regular Session Minutes of the proceeding of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota, including all accounts audited by said Council September 14, 1955 The Village Council met in regular session and was called to order by Arthur Paulson, Mayor, at 8:0U P.M. The following members were present: Arthur Paulson, Wayne Gageby, Glen Sonnenberg, Allen Iindman and H. R. Jones. The minutes of the meeting of August 24 were read and approved. Member Glen Sonnenberg introduced the following resolution and moved its adoption. RESOLUTION VACATING ALLEY WHEREAS, a petition has been duly filed with the Village Council of the Village of Brooklyn Center for the vacation of the alley 'traversing Block One (1), Reidhead's Addition, Hennepin County, Minnesota, also known as the alley from 55th Avenue North to 56th Avenue North between Fremont and Emerson Avenues North, and it appearing that said petition carries the names of owners of not less than 51% in frontage of real property abutting on said alley, and WHEREAS, a notice of public hearing on said proposed vacation to be held on September 14, 1955 was duly published on August 18, 1955 and August 25, 1955 in the North Hennepin Post, and three copies of said notices were posted on August 17, 1.955 in conspicuous places within the Village, and i WHEREAS, a hearing was held on September 14, 1955 pursuant to said notice, and all parties having been heard and no one appearing in opposition thereto, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: ! 1. It is deemed to be in the best public interest to and the Village Council does hereby vacate the alley traversing Block One (1), Reidhead's Addition, Hennepin County, Minnesota, also known as the alley from 55th Avenue North to 56th Avenue North between Fremont and Emerson Avenues North. 2. The Village Clerk is herewith authorized to certify a copy of this resolution and cause said resolution to be recorded with the Register of Deeds in and for Hennepin County, Minnesota The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and all present voting in favor thereof, motion carried. Member Wayne Gageby introduced the following resolution and moved its adoption; RESOLUTION VACATING A PORTION OF 53RD AVENUE NORTH WHEREAS, a petition has been duly filed with the Village Council of the Village of Brooklyn Center for the vacation of 53 rd Avenue North lying between East Twin Lake Boulevard and Twin Lake, said street having for its center line the South line of - Section 3 (being also the North line of Section 10), Township 118, Range 21, Hennepin County, Minnesota, and it appearing that said petition carries the names of all property owners abutting on said portion of said street, and WHEREAS, a notice of public hearing on said proposed vacation to be held on September 14, 1555 was duly published on September 1, 1955 and September 8, 1955 in the North Hennepin Post, and three copies of said notices were posted on August 31, 1955, in conspicuous places within the Village, and WHEREAS, a hearing was held on September 14, 1,955 pursuant to said notice, and all parties having been heard and no one appearing in opposition thereto, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: 1. It is deemed to be in the best public interest to and the Village Council does hereby vacate 53rd Avenue North lying between East Twin Lake Boulevard and Twin Lake, said street having for its center line the South line of Section 3 (being also the North line of Section 10), Township 118, Range 21, Hennepin County, Minnesota; provided Leonad Mellin submits a deed for a piece of land thirty (30) feet wide to take the place of the vacated portion, and the acceptance of the thirty feet be supervised by the Village Engineer. 2. The Village Clerk is herewith authorized to certify a copy of this resolution and cause said resolution to be recorded with the Register of Deeds in and for Hennepin County, Minnesota. The motion for the adoption of the foregoing resolution was duly seconded by member Allen Lindman, and all present voting in favor thereof, motion carried. The Mayor announced that the meeting was open for the consideration of a proposed improvement in the Village consisting of the following: Grading only of Oak Street from France Avenue to East Twin Lake Boulevard and of East Twin Lake Boulevard from Oak Street to 52nd Avenue North. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 1, 1955, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. There being no objections, member Glen Sonnenberg introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minrmota, as follows: 1. It is hereby determined that it is necessary and for the best interests of the Village and the owners of property specially benefited thereby that the following improvement shall be constructed: Grading only of Oak Street from France Avenue to East Twin Lake Boulevard and of East Twin Lake Boulevard from Oak Street to 52nd Avenue North 2. Such improvement shall be done by the Village by day labor. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and all present voting in favor thereof, motion carried. The Mayor announced that the meeting was open for the consideration of a proposed improvement in the Village consisting of the following: Grading only of Drew Avenue North from 51st Avenue to 53rd Avenue and 52nd Avenue North from Ewing to 135 feet east of Drew The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on September 1, 1955, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, member Wayne Gageby introduced the following resolution and moved its adoption: 9 RESOLUTION ORDERING IMPROVEMENT BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that it is necessary and for the best interests of the Village and the owners of property specially benefited thereby that the following improvement shall be constructed: Grading only of Drew Avenue North from 51st Avenue to 53rd Avenue and 52nd Avenue North from Ewing to 135 feet east of Drew 2. Such improvement shall be done by the Village by day labor. The motion for the adoption of the foregoing resolution was duly seconded by member H. R. Jones, and all present voting in favor thereof, motion carried. Motion made by Glen Sonnenberg and seconded by Allen Lindman to uphold the recommendation of the Planning Commission and allow Alfred Dale to sell under metes and bounds description the East 110 feet of two parcels of land designated as Lots 1 and 2, Block 1, of the revised proposed plat submitted by Mr. Dale. Motion carried. Motion made by Glen Sonnenberg and seconded by Wayne Gageby to uphold the recommendation of the Planning Commission and accept proposed plat submitted by N. M. Loscheider except thattne 72 foot lots be located on the south side instead of the north side of the.plat, and subject to the Platting Ordinance. Motion carried. Motion made by Allen Lindman and seconded by Glen Sonnenberg to accept the final plat of N. M. Loscheider provided the change is made as recommended on the proposed plat, subject to all the restrictions of the Platting Ordinance, and the Mayor and Clerk authorized to sign the same. Motion carried. Motion made by Wayne Gageby and seconded by Allen Lindman to accept the final plat of Grandview Manor with the stipulation that Lots 4 and 5, Block 3, be left vacant for drainage purposes, and subject to all the restric- tions of the Platting Ordinance, bond to be posted, and the Mayor and Clerk authorized to sign the same. Motion carried. Motion made by Wayne Gageby and seconded by Allen Lindman to instruct the Village Attorney to notify Pearson Brothers that the construction of Northport Lake does not meet with the specifications established by the Village of Brooklyn Center and and as agreed to by Pearson Brothers, and to notify Pearson Brothers that this work should be completed forthwith; assuming.that the normal water elevation is 845 feet, the average lake bottom should be 846 feet or lower and not to be lower than 843 feet. Motion carried. Motion made by H. R. Jones and seconded by Wayne Gageby to accept petition for a skating and hockey rink at 65th Avenue and Osseo Road. Motion carried. Motion made by H. R. Jones and seconded by Glen Sonnenberg to request the Minneapolis Gas Company to lower gas mains on S7th Avenue North in order to aA.ow completion of construction work held up there at this time. Motion carried. Motion made by H. R. Jones and seconded by Wayne Gageby to authorize purchase of six all purpose smoke masks and canisters for the Brooklyn Center Fire Department. Motion carried. Member H. R. Jones introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING AND RATIFYING APPROVAL OF SANITARY SEWER IMPROVEMENT NO. 1555 -3 WHEREAS, on the 11th day of May, 1555 the village council at its regular meeting at 8 :00 P.M. held a hearing on the following proposed improvement: Construction of sanitary sewers in the following designated areas: 10 1. On Osseo Road and Zenith and Abbott Avenues North from 49th Avenue North to a point approximately 350 feet North of 50th Avenue North; 2. On Beard Avenue North from 49th Avenue North to 50th Avenue North; 3. On 49th and 50th Avenues North from Osseo Road to Beard Avenue North, WHEREAS, a motion was thereupon made and seconded approving and ordering said improvement, and WHEREAS, only three members of the village council were present at such time, all of whom voted in favor of said resolution, and j WHEREAS, the village council desires to record the approval of all members of the village council for said improvement, NOW, THEREFORE, BE IT RESOLVED by the village council of the Village of Brooklyn Center that the resolution heretofore adopted on May 11, 1955 ordering said improvement be and hereby is confirmed and ratified and is made a part of this resolution for purposes of approval as though it were set forth at length herein. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Allen Lindman, Wayne Gageby, Glen Sonnenberg and H. R. Jones; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member H. R. Jones introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND CONFIRMING NEGO'T'IATED CONTRACT FOR SANITARY SEWER IMPROVEMENT NO. 1955 -5 WHEREAS, the village council by resolution on the 22nd day of June, 1955 approved the construction of a sanitary sewer improvement on Queen Avenue North from 53rd Avenue North to a point approximately 200 feet north of 53rd Avenue, designating said improvement Sanitary Sewer Improvement No. 1955 -5, and WHEREAS, by said resolution the village council further authorized and directed the village engineer to negotiate for the construction of said improvement, the cost thereof being estimated at less than $5000, and WHEREAS, pursuant to said authorization the village engineer did enter into negotiations with Sandstrom & Hafner for the construction of said improvement and secured a negotiated price therefor in the amount of $2485, and WHEREAS, pursuant to said agreement Sandstrom & Hafner did in fact perform said improvement according to the plans and specifications of Minder Engineering Company, and WHEREAS, said improvement has been fully and completely performed in accordance with and under the supervision of the engineer of the village, and WHEREAS, the village council was informed by the village engineer of said negotiated agreement and approved of the same but failed to make any formal entry thereof in the minutes of the proceedings of the council, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center as follows: -l. The agreement with Sandstrom & Hafner for the construction of said Sanitary Sewer Improvement No. 1955 -5 at a price of $2485 is h ftleby approved, confirmed and ratified in all respects. w 2. Said improvement has an estimated total cost of $3000 and shall be financed from the proceeds of the sale of bonds identified as 1555 Improvement Bonds, the total amount of said issue being in the sum of $497, 000. The motion for the adoption of the foregoing resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: Arthur Paulson, Allen Lindman, Wayne Gageby, Glen Sonnenberg and H. R. Jones; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Member H. R. Jones introduced the following resolution and moved its adoption: BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, as follows: 1.' The village shall forthwith issue its negotiable Improvement Bonds in the principal amount of $497,000 dated September 1, 1955 being 497 in number and numbered 1 to 497, both inclusive, in the denomination of $1000 each, bearing interest at the rate of 3� per annum for the period from September 1, 1955 to January 1, 1959, 5 per annum for the period January 1, 1556 to July 1, 1956, and 3 per annum thereafter, said bonds maturing.serially on January 1st in the years and amounts as follows: $61,000 January 1, 1957 61,000 January 1, 1958 31+ January 1, 1959 32,000 January 1, 1.960 32,000 January 1, 1961 21,000 January 1, 1962 21,000 January 1, 1963 21,000 January 1, 1964 21,000 January 1, 1965 21,000 January 1 1966 18,000 January 1, 1967 18 January 1, 1968 17,000 January 1, 1969 17,000 January 1, 1970 17,000 January 1, 1971 17,000 January 1, 1572. 17,000 January 1 1573 17,000 January 1, 1974 17,000 January 1, 1575 17,000 January 1, 1976 Bonds maturing in the years 1967 and thereafter to be subject to redemption. on January 1, 1566 or any interest payment date thereafter at par plus accrued interest. Bonds maturing January 1, 1971 and thereafter are subject to redemption on January 1, 1957 or any interest payment date thereafter to January 1, 1966 on payment of a premium of 3% plus accrued interest. 2. Both principal and interest shall be payable at the main office of Northwestern National Bank of Minneapolis, Minn polis, Minnesota, and the village shall pay the reasonable charges of said bank for its services as paying agent. 3. The bonds and the interest coupons to be thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER No. $1000 IMPROVEMENT BOND OF 1955 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 out of Improvement No. 1955 -A Fund the sum of ONE THOUSAND DOLLARS on the 1st day of January, 19 , and to 12 pay interest thereon at the rate of three and one- quarter percent (31 per annum from date to January 1, 1956; five and one- quarter percent (5-,'%) per annum from January 1, 1956 to July 1, 1956; and three and one- quarter percent (3 per annum thereafter to maturity, payable July 1, 1956, and semiannually thereafter on the lst day of January and the lst 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 the main office of Northwestern National Bank of Minneapolis, Minneapolis, Minnesota, in any coin or currency of the United States of America which at the date of payment is legal tender for public and private debts. All bonds of this issue maturing in the years 1967 to 1970 inclusive are subject to redemption in inverse numberical order on January 1, 1966 and any interest payment date thereafter at par plus accrued interest upon thirty days prior notice. All bonds of this issue maturing January 1, 1571 and thereafter are`subject to redemption in inverse numerical order on January 1, 1957 and any interest payment date thereafter at par and accrued interest if redeemed on January 1, 1966 or thereafter and at pa5 . accrued interest and a premium of $30.00 for each bond redeemed if redeemed II I rior to January 1 66. Notice shall be given b mail to the bank where P Y 3 � 9 g Y the bonds are payable and to the last known holder. Holders,de firing to receive such notice must register their names, addresses and bond numbers with the village clerk. The bond is one of an issue of bonds in the total principal amount of $497,000, all of like date and tenor except as to maturity, interest rate, and amount, all issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Chapter 398, Laws of Minnesota 1953, for the purpose of defraying the expenses incurred and to be incurred in special improvements of the village, and is payable primarily from special assessments to be levied against property specially benefitted thereby but constitutes a general obligation of the village, 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 village is hereby irrevocably pledged and the village will levy ad valorem taxes if required for such purpose without limitation as to rate or amount. 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 regular and due form, time and manner as required by law; 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 ft Village Council, has caused this bond to be signed by the Mayor and 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 �ignat re d off cers, Z"o all as of t er 1, 1955. `'� F . Mayor Villa k (Seal) (Form of Coupon) No. $ On the lst day of January (July), ly , the Village of Brooklyn Center, Hennepin County, Minnesota, will pay to bearer out of Improvement No. 1955 -A Fund at the main office of Northwestern National Bank of Minneapolis, Minneapolis, Minnesota, the sum of DOLLARS, being the installment of interest then due Z27 me"ond ed Septe nbe 1, , No. Mayor . illage C I it r - 13 4. The Clerk is directed to cause said bands to be prepared, and the Clerk and Mayor are authorized and directed to execute the same and affix the village seal thereto and to cause the interest coupons to be executed and authenticated by the printed facsimile signatures of said officers. 5. The bonds issued hereunder shall be payable from Improvement No. 1555 -A Fund heretofore created, provided that if any payment of principal or interest 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 village and such fund shall be reimbursed for such advances out of proceeds of assessments for said improvement when collected. All proceeds ofsaid bonds and assessments shall be credited to said Improvement No. 1ti55 -A Fund. 6. It is hereby determined that the cost of Street Improvement No. 1955 -6 is $52,000 and that $10,400 shall be assessed against property benefited thereby and the balance shall be paid from general ad valorem taxes. For the purpose of providing money for the portion of payment of principal and interest on the bonds not payable from special assessments, there is hereby levied upon all of the taxable property in the village a direct ad valorem tax in the years and amounts as follows: Year Lem 1555 $11,648 1956 $lo,483 1557 $10,045 1558 9,6o9 1559 9,172 Each of said levies shall be irrepealable provided that the village reserves the right to reduce said levies in the manner and to the extent permitted by law. It is hereby determined that the estimated collections of the special assessments to be levied and the taxes herein levied will be sufficient to produce an amount at least five per cent in excess of the amounts needed to meet when due , P the principal and interest payments on the bonds. 7. The 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. 8. The said bonds when fully executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 9. 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. The motion for the adoption of the foregoing Resolution was duly seconded by member Wayne Gageby, and upon vote being taken thereon the following voted in favor thereof: Wayne Gageby, H. R. Jones, Arthur Paulson, Allen Lindman and Glen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $5000 STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota, that the offer of Camden Northwestern State Bank of Minneapolis to purchase $5000 Street Construction Equipment Certificates of Indebtedness of the village is hereby found and determined to be a favorable offer and shall be and is hereby accepted, said offer being to purchase said certificates of 1.4 indebtedness bearing interest at the rate of 3% per .annum, at a price of par and accrued interest. The motion for the adoption of the foregoing resolution was duly seconded by member H. R. Jones, and upon vote being taken thereon the following voted in favor thereof: H. R. Jones, Arthur Paulson, Wayne Gageby, Allen Lindman and Glen Sonnenberg, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Trustee Glen Sonnenberg then introduced the following resolution and moved its adoption: RESOLUTION FIXING THE FORM AND SPECIFICATIONS OF $5000 STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, 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 Village of Brooklyn Center shall forthwith.issue its negotiable coupon Street Construction Equipment Certificates of Indebtedness in the principal amount of $5000, said certWicates of indebtedness to be dated September 1, 1955, to be 3 in number and numbered 1 to 3, both inclusive, in the denomination of $2000 for the certificates maturing January 1, 1957 and January 1, 1958 and in the denomination of $1000 for the certificate maturing January 1, 1959, all bearing interest at the rate of three percent (3 %) per annum, payable July 1, 1956 and semiannually thereafter on the 1st day of January and the 1st day of July in each year, which certificates of indebtedness shall mature serially, in order of serial numbers, on January lst in the years and amounts as follows: $2000 in 1957, $2000 in 1958 and $1000 in 1959, all without option of prior payment. 2. Both principal of and interest on said certificates of indebtedness shall,be payable at the office of the Camden Northwestern ,State Bank of Minneapolis in the City of Minneapolis, Minnesota. 3. The certificates of indebtedness and the interest coupons to be thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF BROOKLYN CENTER No. $1000 STREET CONSTRUCTION EQUIPMENT CERTIFICATES OF INDEBTEDNESS 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 on the 1st day of January, 19 , the sum of ONE THOUSAND DOLLARS and to pay interest thereon from the date hereof until the principal amount is paid at the rate of three percent (3 %) per annum, interest to maturity payable July 1, 1956 and semiannually thereafter on the 1st day of January and the lst 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 and interest are payable at the office of Camden Northwestern State Bank of Minneapolis, in the City of Minneapolis, Minnesota, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts, and to provide money for the prompt and full payment of said 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. This certificate of indebtedness is one of an issue in the total principal amount of $5000, all of like date and tenor except as f to maturity, issued by the village pursuant to the Constitution and Laws of the State of Minnesota, including Section 412.301, Minnesota Statutes, for the purpose of financing the purchase of certain street construction and maintenance equipment. li 15 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, to exist, and to be performed precedent to and in the issuance of this certificate of indebtedness have been done, have happened, do exist and have been performed in regular and due form, time and manner as required by law and that this certificate of indebtedness together with all other indebtedness of the village outstanding on the date hereof and the date of its actual issuance and delivery dces not exceed any constitutional or statutory limitation thereon. IN TESTIMONY WHEREOF, the Village of Brooklyn Center, Hennepin County, Minnesota, by its Village Council has caused this certificate of indebtedness and the interest coupons hereto attached to be signed by its Mayor and Village Clerk and sealed w' the 'i1 e se a of September 1, 1955. ,.. ,; Mayor Villa ge k I (Seal) (Form of Coupon) No. $ On the lst day of January (July), 19 , the Village of Brooklyn Center, aennepin County, Minnesota, will pay to bearer at the office of Camden Northwestern State Bank of Minneapolis, Minneapolis, Minnesota, the sum of DOLLARS, being the installment of interest then due on its Street Construction Equipment, Certificates of Indebtedness dated September , 195 No Mayor Villa 7der if the 4. Thcates of indebtedness and the interest coupons shall be prepared direction of the village clerk and shall be executed on behalf of the village by the signature of the mayor and attested by the village clerk and the corporate seal of said village shall be affixed to each thereof. When said certificztes of indebtedness have been so executed they shall be delivered by the village treasurer to the purchaser thereof upon.receipt of the purchase price heretofore agreed upon and the purchaser shall not be obligated to see to the proper application thereof. 5. There is hereby created a separate sinking fund for sa id certificates of indebtedness which shall be held by the village treasurer and used for no other purpose than to pay principal of and interest on said certificates of indebtedness, provided that if any payment of principal or interest 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 v1lage and said general fund shall be reimbursed for such advances out of the proceeds of taxes levied pursuant hereto or other moneys appropriated by the village council for such purpose. Into said sinking fund shall be paid all proceeds of the taxes levied pursuant to this resolution and such other moneys as may be received by the village for the purpose of or appropriated to the payment of said certificates of indebtedness and interest. 6. There is hereby levied upon all 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 a part of other general taxes of the village, which tax is to be for the years and in amounts as follows: Y ear Levy 1955 $2300.00 1956 $2200.00 1957 $1100.00 Each of said levies shall be irrepealable, provided that the village IG reservesthe right to reduce said levies in the manner and to the extent permitted by law. 7. The village clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, Minnesota, a certified copy of this resolution together with such other information as the County Auditor may require, and to obtain from the County Auditor a certificate that such tax has been levied and the certificates of indebtedness entered upon his bond register. 8. The County Auditor of Hennepin County and the officers of the village are hereby authorized and directed to prepare and furnish to the purchaser of said certificates of indebtedness and to the attorneys approving the same, certified copies of all proceedings and records of the village relating to said certificates of indebtedness and to the financial condition and affairs of the village, and such other certificates, affidavits and transcripts as may be required to show I I the facts within their knowledge, or as shown by the books and records in their custody and control, relating to the validity and marketability of said certificates of indebtedness and such instrument, including any heretofore furnished, shall be deemed .representations of the village as to the facts therein stated. The motion for the adoption of the foregoing resolution was duly seconded by member Russ Jones, and upon vote being taken thereon the following voted in favor thereof: H. R. Jones, Arthur Paulson, Wayne Gageby, Allen Lindman and Glen Sonnenberg; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. I f Member Wayne Gageby introduced the following resolution and moved its adoption: RESOLUTION DIRECTING CONDEMNATION Whereas, it is necessary, advisable and in the public interest that the Village of Brooklyn Center construct and maintain a sanitary sewer main over certain property hereinafter described, and Whereas, in order to accomplish such purpose it is necessary to acquire easements in the following described land as follows: Over the west 10 feet of Lots 1 through 15,,Block 6, Englewood Addition, Hennepin County, a permanent easement for the construction and maintenance of said sanitary sewer main, subject to the right of the proper owner to use the surface thereof for any purpose other than constructing improvements thereon, and with the further right of the property owner to have the surface of said property restored to the same condition it was in gust prior to the commencement of any construction or maintenance work thereon; and over the easterly 10 feet of the westerly 20 feet of said lots, a construction easement which shall terminate within 30 days after the filing of an award herein and subject to the right of the property owner to have the surface thereof restored to the same condition it was in prior to the commencement of said construction work, and upon the expiration of said 30 day period the petitioner to 1we no further right or interest therein for any purpose whatsoever, and Whereas, the Village Council is advised and believes that most feasible route necessary to the construction of said sanitary sewer . main is on.the land above described, and Whereas, it has become necessary to procure an easement in such lands by right of eminent domain, NOW, THEREFORE, BE IT RESOLVED, that the Village of Brooklyn Center proceed to procure an- easement for a sanitary sewer main in such land under its right of eminent domain and that the village attorney be instructed and directed to file the necessary Petition therefor and to prosecute such action to a successful conclusion or until it is 1.7 abandoned, dismissed or terminated by the village or by the court; that the village attorney, the Mayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. The motion for the adoption of the foregoing resolution was duly seconded by ,member Allen Lindman, and upon vote being taken thereon the following voted in -,favor thereof: Arthur Paulson, Mayne Gageby, Glen Sonnenberg,, Allen Lindman ,and H. R. Jones; and the following voted against the same: None; whereupon ,said resolution was declared duly passed and adopted. Motion made by Glen Sonnenberg and seconded by Allen Lindman to release to Pearson Brothers street bond for Pearson's Northport lst and 2nd Additions, subject to their posting a certified check in the amount of $865.00 for the G - completion of storm sewer and catch basins. Motion carried. i Motion made by Allen Lindman and seconded by Wayne Gageby to release - street bond for Hipp's 3rd Addition subject to posting of $500.00 certified check to guarantee the maintenance and repair of the streets in said addition �f or one year. Motion carried. { Motion made by Wayne Gageby and seconded by Glen Sonnenberg to release I - street bond of C. D. Nordstrom for Nordstrom's lst Addition, subject to posting -of Certified check in the amount of $200:00 to guarantee reconstruction of 68th Avenue North. Motion carried. Motion made by Allen Lindman and seconded by H. Jones to accept -the application of Elmer A. Sandholm 1500 - 55th•Avenue North, for sale of Non - - Intoxicating Malt Liquors, and that Non - Intoxicating Malt Liquor "Off- Sale" - License be approved and issued to him. Motion carried. Motion made by Wayne Gageby and seconded by H. R. Jones to accept the , final plat of Oak Hill Third Addition, subject to all the restrictions of the Platting Ordinance, bond to be posted, and the Mayor and Clerk to sign the same. Motion carried. The following bills were audited and ordered paid: Liquor #1382 James R. Fischbach Salary $172.20 1383-Richard J. Jennrich ft 130.62 1381 Truman Nelson " 137.00 1385 Paul Felegy r, 71.24 1386 Steve Leba rt 80. 1387 Donald Mason rr 44- 1388 Northwestern Bell Telephone Co. Services 19.10 1389 01uek Brewing Co. Liquor 549.41 1390-Royal Beverage Distributing Co. „ 1,073.01 1391 .Bowman Distributing Co. " -755.37 1392 Pepsi Cola Bottling Co. rt 18,72 1393 -Pabst Brewing Co. re 195.2 139 Haugen Advertising Co, Book Matches 62.77 1395 Coca Cola Bottling Co. Liquor 29.25 1396 Thompson & Sons Distributing r, 2,161,97 1397 Massolt Bottling Co. 3 7.66 1398 Minneapolis Bottling Co. " 35.13 1399 Cancelled 1100 Minnesota Paper & Cordage Co. Supplies 56.89 1401 Chaska Beverage Co. Liquor 245.18 102 Griggs Cooper & Co. r 1,965.81 1403 Minneapolis Brewing Co. " 1,398.2 1404 ,American Linen Co. Supplies 6.35 140 0. M. Droney Beverage Co. Liquor 566.33 1106 Canada Dry Ginger Ale, Inc, n 103.40 1407 Seven Up Bottling Co. rr 176,93 1408 McKesson & Robbins n 736.87 1409 Ed Phillips & Sons Co. " 67843 1410 Famous Brands, Inc. " 537.03 111 Distillers Distributing Co. " 1,608.82 1412 Old Peoria. Co., Inc. n 613.36 1413 Lynn Johnson Co. 334.82 $ 14 4 General #3631 Ray Noukki Salary $30.26 6 Vernon Fleming " 2 3 35 ming 3 .5 6 3636 Vernon Fleming " 32.56 3637 Ray Noukki h 48.90 3638 Landis J. Olson " 67.80 3639 Robert Cahlander, Jr. " 86,30 3644 Frank A. Smith, Jr. " 120.46 3641 Richard M. Anderson " 82.40 361 2 Parnell Olson it 85.80 3613 Norman Hermansen " 86.77 3644 Robert Ca.hlander " 150.00 3615 Elsworth Nelson TM 180.59 3646 Arnold Fahlan " 172.80 3617 Henry Davis n 146.80 368 Joseph Sienko " 132.80 3649 George Jenson " 70.00 3650 Edwin C. Peterson " 170.08 3651 Gladys Schuckhart 88.18 3652 Ardeth J. Lee 277.00 3653 Paul W. Bullen rt 170,10 3651• Harold Hannay Mileage 25.00 3655 Dan Elmer TM 25:00 3656 Mary E. Rosenau Salary 54.78 3657 Northwestern Bell Telephone Co, Services 42.04 3658 Minnesota Fire Extinguisher Co. Supplies 135.70 3659 Smith Office Supply Co. TM 18.5o 5 3660 Suburban Henn, Co. Relief Board Poor Relief 236.46 3661 Rightway Landscape Co. Truck and driver 180.00 3662 Northern States Power Co. Services 98.34 3663 Paulson Hardware Supplies 37.02 3664 Construction Bulletin Notices 39.60 3665 Arthur Swanson Weed Inspector, Salary 65,30 3666 Royal Typewriter Co, Supplies (typewriter) 187.50 3667 Albert W. Paulson Dogcatcher 70.83 3668 General Fireproofing Co. Supplies 46.63 3669 H. A. Rogers Co. TM 153.65 3670 Public Works Equipment Co. F1ink Spreader 849.00 3671 Miller -Davis Co. Supplies 87.50 3672, Post Publishing Co. Notices 54.70 36?3, Bury & Carlson, Inc. Supplies 45.00 3674, Brooklyn Center Hdwe. & App. Co. " 3.65 3675 C. L. Ammerman " 16.60 3676, J. N. Johnson, Inca " 2.95 3677 Mine Safety Appliances Co. " 41.45 3678. Ernie's & Ray's Direct Service TM, 32,09 3679, Anderson Aggregates TM 275.20 368o, Pi4 Supply Co. "- 15.34 3681 T. E. Nordquist Salary, Bldg. Inspector 300.00 3682 Emil Carlson " , Plbg. Inspector 300.0,0 3683, H. R. Jones " 100.00 3684, Richard M. Anderson ti 33.40 3685, Robert Lee Cahlander, Jr. " 3686 Vernon L. Fleming 'r 50.76 9. 3687 Norman Hermansen TM 7.80 2 3688 Melvin M. Johnson N 34.00 3689 Ray Noukki + 20.94 3690 Parnell Olson " 19.89 3691 Frank A. Smith, Jr., TM 76.44 3692 Albert B. Miller t' 58.26 3693 Edward Sanford " 37.90 3694 Charles Quick " 36.00 " 3695. Arnold Fahlan Mileage 15.30 3696 Roberta L. Jones Salary , 21.75 3697 Wallace Bruch Salary, Heating Inspector 490.00 3698 Glendale Industries, Inc, Supplies 300 3699 , The Kunz Oil Co. " 144.69 3700 _ DeLaittre Dixon Co. « 67.06 3701 _ The Anoka County Union & Shopper 't 24.00 3702 e K. L. Nordquist Accounting services 140.00 7 : 370-5 1 Motion made by Wayne Gageby and seconded by es jo Mayor Clerk