HomeMy WebLinkAbout1956 08-30 CCM Special Session Minutes of the proceeding of the Village Council
of the Village of Brooklyn Center in the County
of He�nne',oi and State of Minnesota
August 30, 1956
The Village Coimcil met in special session and was called to order by
William N. Super, Mayor, at 8 :00 P.M.
The following members were present: William N. Super, Allen Lindmaa,
Wayne Gageby, Clifford Wellman, and Russ Jones.
Member Allen Lindman idroduced the following resolution and moved its
adoption:
RESOLUTION PROVIDING FOR CCWLETION
OF WORK ON STREET IMPROVEA9M NO. 1955 -6
WHEREAS, both the consulting engineer and the village engineer have
reported to the Village Council that the construction of Street
Improvement No. 1955 -6 (consisting of street surfacing of .57th
Avenue North from Highway 100 to Lyndale Avenue North including
curbs ead gutters as set out in the plans and specifications
therefor) has been improperly carried out, and
WHEREAS, there has been an unreasonable and unprecedented delay in
prosecution of the work on Street Improvement No. 1955 -6, and
WHPsMS, the public interest requires immediate action by the Village
Council to bring about immediate completion of this project in
accordance with the plans and specifications therefor, and
WHEREAS, the work on said project was let by contract to the
J. V. Gleason. Company who is responsible for such improper
construction and unreasonable delay,
NOW, THOUOU BE IT RESOLVED by the Village Council of the Village
of Brooklyn Center, Minnesota, as follows:
1. The J. V..Gleason Company is hereby ordered to suspend all
further work on Street Improvement No 1955 -6 and is hereby ordered
off the job effective upon receipt of notice of 'this action.
2. The village clerk shall forthwith advertise for public bids
for the laying of the necessary mat and surfacing in accordance with
theplans and specifications already approved for Street Improvement
No. 1955 -6 with such modification as may be required by reason of
the present stage of the work.
3. The village council hereby declares that an emergency
exists (a) because the completion of 57th Avenue North before the end
of the construction season of 1956 has been jeopardized by the delay
in its construction and (b) the present condition of 57th A
constitutes a serious hazard to the general public and to the resident-:
of the immediate vicinity. The engineers have advised that the only
manner by which such street can be completed in 1956 will be to
commence work immediately to complete the base and sub -base in order
to have it ready for the laying of the mat which is to be performed
by contract following public advertisement for bids.
Accordingly the village engineer is authodmed to negotiate for
the completion of the base and sub -base on 57th Avenue provided thst
such work will be performed at unit prices equal to or less than
those unit prices heretofore in force in the contract with the
J. V. Gleason Company. The engineer shall present a contract and
bond to the next meeting of the Village Council from whatever
contractor Js undertaking the work oa beaae and sub - ease.
°e
4. The village attorney shall forthwith or as soon as the
damages are ascertained commence an action against the J. V.
Gleason Company and the surety on its bond for the damages suffered
by the Village of Brooklyn Center by reason of the J. V. Gleason
Company's failure to properly prosecute the proper and timely
construction of Street Improvement No. 1955-6 including all
penalties, engineering fees, interest and all other damages.
The notion for the adoption of the foregoing resolution; was duly seconded
by member Clifford Wellman, and upon vote being taken thereon the following
voted in favor thereof: William N. Super, Allen Lindman, Wayne Gageby,
Clifford Wellman and Russ Janes; and the following voted against the same:
Alone; whereupon said resolution was declared duly passed and adopted.
Member Clifford Wellman introduced the following resolution and moved
its adoption:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF $550,000 IMPROVEMONT BONDS
WMi$AS, the village council has entered into contracts for
the construction of certain improvements hereinafter enumerated,
all under the provisions of Chapter 398, Laws of Minnesota 1953,
as amended,
NOW, THERE M., BE IT RESOUND by the Village Council of the
Village of Brooklyn Center, Minnesota, as follwis:
1. It is hereby determined that the total cost of each of
the improvements heretofore commenced is as follows:
Storm Sewer Improvement No. 1955 -9 $7,000.00
Street improvement No. 1956 -1 2,700.00
Street Improvement No. 1956 -2 1
Sanitary Sewer Imp roveme nt No. 1956 -6 27, 000. 00
Sanitary Sewer Improvement No. 1956 -7 45,000..00
Sanitary Sewer Improvement No. 1956 -20 A-0w 00
Sanitary Sewer Improvement loo. 1956 -17 77, 000,E
Sanitary Sewer Improvement fio. 2956 -21 i6,000,,0o
Sanitary ewer Improvement No. 1956-22 14,000.00
Sanitary Sewer Improvement No. 1956 -23 12,700.00
Sanitary Sewer improvement No. 1956 -32 68,000.00
Storm Seaver Improvement No. 1956.34 10
Storm Sewer Improvement No. 1956 -35 8,500.00
Sanitary Smr Improvement No. 1956 -40 11,000.00
Sanitary Sewer Improvement No. 1956.41 13,000.00
Sanitary Sewer Improvement No. 19;6 - 43 7,000.00
Sanitary Sewer Improvement No. 1956 -44 7,000-00
Sanitary Sewer Improvement No. 1956 -45 2 : 700.00
Sanitary Sewer Improvement No. 1956 -46 6,0oo.00
Storm Sewer Improvement No. 1956 -47 23,000.00
Sanitary Sewer Improvement No. 1956 -48 14,00.00
Street Improvement loo. 1956.49 3 2,40o .00
sanitary sewer improvement No. 1956-52 5,700.00
Sanitary Sewer Improvement No. 1956 -31 9,100.00
the aggregate cost thereto being detarmi*u+d
to be approximately t!"50,000*00
2. It is hereby doted that the total cost of each
of said Improvements shall be assessed upon property bene-
fited by the improvement. The Clerk shall forthwith calcu-
late the proper amount to be specially assessed for the improve -
ments against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation.,
based upon the benefits received.
3. In making up the assessment rolls for Sanitary Sewer
Improvement No. 1956 -17 which includes the area interceptors
connecting on to the main iatsa�ptor which was con „ ted as
Sanitary Sewer Improvement No. 1955 -1, them shall be added
to the assessment for Sanitary Sewer Improvement No. 1956 -17
against that certain property which is set out in full in
the minutes of October 19, 1955 the sum of $14,757. whi ch
represents the amount of benefit received by the aforesaid
tract of land for the construction of Sanitary Sewer Improvement
No. 1955 -1 which tract, however.. was not assessed at the time
of making said improvement, all as set out in the minutes of
October 190 1955•
4, it is hereby determined to finance the entire cost of
said improvements by the issuance of improvement bonds.
5• There is hereby created a special fund to be designated
as Improvement Ida. 195&C pond out of which shall be paid the cost
of the said improvements and the principal and interest on the
Improvement Bonds authorized hereunder and into which shall be paid
all of the proceeds of the special assessments and taxes to be
levied for said improvement and the moneys received from the sale
of Improvement Bonds.
6. In anticipat of the collection of said $Pecial
assessments and tale!, the village shall forthwith issue and
sell $550,000 Improvement Bonds. The fill faith and credit of
the village shall be pledged for the payment of the principal
and interest on the bands when the moneys on head in the
Improvement No. 1 956-C Fund are insufficient for the purpose.
7. The Improvement Bands shall be 550 in number and
numbered 1 to 550, both inclusive, in the denrcl -Mtim of $1000
each, shall bear date October 1 1956 and shall bear interest
payable July 1, 1957 and semiannually thereafter on January 1
and July 1 in each year. Said beads shall mature serially on
January 1 in the years and amounts as follows:
$45,000.00 in each of the years 1958 and 1 959;
s 1960 to 1962 both inclusive;
$ 35.,000- 0 0 i each of the year
$25 ,000.00 in each of the years 1963 to 1973 'both inclusive
$20,000.00 in each of the years 197 to 1977 both inclusive.
All bonds maturing on January 1, 1968 and thereafter are sub,*et
to redemption in inverse numerical order on January 1, 1967 or
on any interest p441 mat date thereafter at par plus accrued interest.
The full faith and credit Of the 'V'illage will be pledged to payment
of the bonds.
8. The offer of Kalman & CcRa Inc. & Assocsates of
Minneapolis, Minnesota, to purchase said bonds at par plus accrued
interest is hereby accepted, and the good faith cbeck of .11,000
shall be held pending delivery and acceptance of said bonds by
Kalman & oompany, Inc. & Associates.
9. Both principal and interest shall be payable at the main
office of the Northwestern National Bank of Minneapolis,
Minneapolis, Minnesota, and the village shall pay the reasonable
charges of said bank for its services as paying agent.
10. The bonds and interest c0up4aa to be thereto attached
s. hall be in substantially the following form:
UjjrM STATES OF AMERICA
STATE OF MINNE A
Could of �IN
V� OF BKLY'N C
No. $1000.
ImpROVE BONA QF 1956
MW ALL MEN BY THESE PR&qans That the $lunge of Brooklyn
Center, 'Hennepin County, MinD080ta, acknowledges , itself t bearer
indebted and for value received hereby promises to M to
.3..
out of Improvement Igo. 1956 -C Fund the sum of ONR THOUSM DOLLARS
on the 1st day of January, 19 , and to pay interest thereon at
the rate of percent per annum from date to January 1,
1957, at the rate of percent per annum from January 1,1957
to July 1, 1959 and percent per annum thereafter to
maturity, payable July 1, 1957 and semiannually hereafter on the
lst day of January and the lot 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 mein office of
Northwestern National Bank of Minneapolis, Minneapolis, Minnesota,
in any coin or currency of the United Sates of America which at the
date of payment is legal tender for public and private debts.
All bonds of this issue maturing on January 1, 1968 and
thereafter upon thirty (30) days prior notice by mail to the bank
where the bonds are payable and to the last known holder are
subject to redemption in inverse numerical order on January 1, 1967
or on any interest payment date thereafter at par plus accrued
interest. Holders desiring to receive such notice must register
their names, addresses and bond numbers with the village clerk.
This bond is one of an issue of bonds in the total principal
amount of $550,000, all of like date and tenor except as to
maturity, redemption privilege and interest rates, all issued
pursuant to and in full conformity with the Constitution and Laws
of the State of Minnesota, including Chapter J98, Laws of
Minnesota 1953, as amended, for the purpose o' defraying the
expenses incurred and to be incurred in special. -.ripz everents of
the village, and '_s payable primarily from epic-ial arsessmrnts
to be levied against property specially b3refttc d thereby but
constitutes a general obligation of the villa,-e, 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 CERTIFIM AND RECIM That all sets, 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 herpof and the
date of its actual issuance and delivery does not exceed any
constitutional or statutory limitation thereon.
IN WITNESS WREREOF, the Village of Brooklyn Center, Rennepin
County, Minnesota, by its Village Council, has ciueid 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
signatures of said officers, all as of October 1, 1956.
Wior
Village Clerk
(Seal)
(Form Of Coupon)
No. $
On the lot day of January (July), 19 , the V1 .1W of Brooklyn
Center, Hennepin County, Minnesota, will pay to bearer out of
Improvement No 1956 -C Fund at the main office of Northwestern
Nationai Bank of Mineapolis, Minneapolis, Minnesota, the sum of
DOLLARS, being the installment of interest then
due on its Improvement Bond dated October 1, 1956, No.
Mayor
Village Clerk
_4_
11. in stcordance with the offer of Kalman b Caaparq., Inc.
& Associates there shall be inserted in said bond form the
appropriate interest rates for each of said bonds in accordance
with the following;
All bonds maturing in the years 1958 to 1972 inclusive
shall bear interest at the rate of •3.90% per aofium
All bands maturing in the years 1973 to 1977 inclusive
shall bear interest at fte rate of 4.10% per annum;
Plus separate and additional coupons on allbonds at the
rate of 1.10% per annum from January 1,1957 to July 1, 1959•
12. The Clerk is directed to cause said bonds to be prepared,
and the Clerk and Mayor are authorized and directed to execute the
same and affix the village seal theretoatnd to cause the interest
coupons to be executed and authenticated by the printed facsimiled
signatures of said officers.
13• The bonds issued hereunder shall be payable from
Improvement No. 1956-c Fund heretofore created, providied_ that if
any payment of principal or interest shall become due when there is
not sufficient money in said fund to gay the same, the treasurer
shall pay such principal or interest from the general fund of the
village and such fund shall be reirrbursad for such advances out of
proce^.ds of assessments for said ir.prcv4rsnt collected.
All proceeds of said bonds and asseasmc&s rho.'.'. '"e crAeited to
said Improvement Igo. 1936 -C Fund.
14. The estimated collection Of special assessments and other
revenues pledged for the payment of said bonds will produce at least
five percent in excess of the amount needed to meet, when due, the
principal and interest payments on the bonds and no ad valorem tax
levy shall be made. 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, 14innesota6 Statutes.
15. 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.
16. The Clerk and Treasurer are authorized and dig -ected to
prepare and furnish to the purchaser and to the auto. n s r %pnrovi.ng
said issue, certified copies of all proceedings rvzi' ?cordo relating
to the issuance of said bonds and to the right, power said authority
of the village and its officers to issue the s?.ne ax' ra certified
copies and certificates shall be deemed the of the
village as to all matters stated therein.
The motion for the adoption of the foregoing resolution was duly poce0ed by
member Wayne Gageby, and upon vote being taken thereon the following voted
in favor thereof: William N. Super, Clifford Wellman, Wayne Gageby, 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 Wayne Gageby and see e y Allen Li dman to ad3ow n.
Motion carried.
N hyor
rk