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07-18-1973 CCMSPECIAL MEET JULY 189 1973 Mayor Black called the meeting to order at 9:15 A.M. Members present were Aldermen Linde \, Alrick, Westlund and Lueneburg and Mayor Black. Also present was Adm nistrative Assistant Mealey. Mr. Eugene Daggett app ared to ask the Council to consider street lighting in the Industrial Park, particularly in front of the building recently leased by 3M for warehou e. On motion by Alderman Westlund, second by Alderman Alrick, the Supe intendent of the Electric Utilities was asked to make a recommendation r consideration at the meeting of July 24. Mayor Black summarized his scussions with Mr. Barger of RCM on the subject of sludge dryer fore waste water treatment plant. It was the concensus that the Counci will await further report in more detail. Mayor Black then appointed A1d rman Linder to be Council member on the Planning Commission and AldermaA Lueneburg to be Council member of the Park and Recreation Board. All resent concurred in these assignments. Mayor Black then broughtup the fu�ther consideration of employee -employer relations and asked the Council t concur in revision of weekend standby provisions for Water and Sewer Dep rtment permitting Superintendent Mix to schedule his men on standby ever third week. This would take Mr. Mix off the schedule except as emer ncies demand his presence. All present concurred. Administrative Assistant Mealey was then directed to notify all department heads to attend a discussion with the uncil at 4:00 P.M., Tuesday, July 24th for mutual exchange of ideas. There being no further business before t e Council, the meeting was adjourned at 9:40 A.M. SPECIAL MEETING JULY 189 1973 A Special meeting of the City Council was called to order at the hour of 9:00 A.M. by Mayor Black in the Council Chambers of the City Hall for the purpose of canvassing the votes of the special election held on July 17, 1973. Members present were: Mayor Black, Aldermen Alrick, Linder, Westlund, Lueneburg. Also present was Administrative Assistant Mealey. The votes having been counted were found to be as follows: "Shall the City of Hutchinson borrow money and issue its negotiable bonds in the amount of not to exceed $300,000 to provide money for the construction and acquisition of an outdoor swimming pool, with buildings and equipment and related recreational facilities. " PRECINCT YES NO BLANK TOTAL PRECINCT 1 193 248 441 PRECINCT 2 168 152 2 322 PRECINCT 3 265 162 427 PRECINCT 4 207 264 471 PRECINCT 5 198 236 1 435 TOTAL 1,031 12062 3 22096 The foregoing is a true and correct canvass of the returns of the Special Election held in the Armory, City of Hutchinson, County of McLeod on July 17, 1973, from 7:00 A.M. to 8:00 P.M. We the undersigned Canvassing Board, as a result of said canvass, do find and certify that the forgoing bond issue was defeated. Mayor: D. J. Black Councilman: Leslie B. Linder Councilman: Ralph D. Westlund Councilman: Jay F. Alrick Councilman: Milton Lueneburg Attest: i City Clerk Mayor SPECIAL MEETING (2) JULY 18, 1973 It was noted due to the la gepercent of voter turn out, more than antici- pated, approximately 200 wh to City Official Election Ballots were used. There being no further businessbefore the Council, meeting was declared adjourned. SPECIAL COUNCIL MEETING JULY 177 1973 The meeting was called to order at 2:00 P.M. Tuesday, by Mayor Black pursuant to notice and call according to Chapter III, Section 3.301 of the Charter for the City of Hutchinson for the purpose of receiving bids for $725,000 General Obligation Bonds. Members present were: Alderman Westlund, Alderman Lueneburg and Mayor Black. Members absent were: Alderman Linder and Alderman Alrick. Also present were: Administrative Assistant Mealey, City Attorney Schantzen and Steven J. Mattson, representing Juran and Moody fiscal advisors to the City. Mayor Black read the published notice and call for bids and the Clerk then opened and read the bids as follows: (See attached sheets) Alderman Westlund then introduced Resolution No. 5270 (Awarding Sale of 1973 Improvement Bonds) and moved its adoption. Alderman Lueneburg seconded the motion and upon vote being taken, all members voted "aye" whereupon said resolution was declared adopted. (text) Alderman Lueneburg then introduced Resolution No. 5271 (Resolution Fixing the Form and Specifications For $725,000 Improvement Bonds of 1973 Directing their Execution and Delivery and Providing For Their Payment) and moved its adoption. Alderman Westlund seconded the motion and upon vote being taken, all members voted "4ye" whereupon siad resolution was declared adopted. (text) Therebeing no further business before the Council, meeting was declared adjourned at 2:40 P.M. RESOLUT I O NO. ')Z/1 RI:::UL,liI'ION FIXING THE FORM A.%D SPECIFICATIONS FOR $725,000 IMPROVEMEiN'1 BO?,IDS OF 1973 DIRECTING THEIN EXECUTION AND DELIVERY AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council or the City of Hutchinson, Minnesota, as `(-;1 lows : 1. The City shall forthwith issue its negotiable public improvement bonds in the principal amount of $725,000 dated August 1, 1973, said bonds being 145 in number and numbered 1 to 282, both inclusive, in the denomination'o $5,000 each, bearing interest as follows: A.e Maturina Dates 1975-19-6 1977-19-'8 1979-1980 1981-1982 1983-1984 Interest Rates 4.50% 4.60% 4.70% 4.80% 4.90% and whi cti ' c ,,d rJature serially on August 1 in the years and amounts as follows: >"_o 00( in 1<) through ].979 inclusive and $75,000 in 1980 through 1984 inclusive. 2. charges o 3. No. Both principal and interest shall be payable at National fan of Mirneapolis in the and the city shall pay t f said bank for its services as paying agent. First e reasonable l!,e bonds and interest coupons shall be substantially as follows: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON Improvement Bonds of 1973 $5.000 KNUW ALL MEN BY THESE PRESENTS That the City of Hutchinson, McLeod County, Minnesota, acknowledges itself to be indebted and, for valuF- rc.lceived, hereby promises to pay to bearer out of its Impr{_;veme:nt Bonds of 1973 Fund, the sum of FIVE THOUSAND DOLLARS on the 1st day of August, 1975 and to pay interest thereon at the rate of Matui-,nq Dates 19 5-19 �f� ]977-1978 19,9-1980 1981-19- 19;3-114--4 Interest Rates x+.50/ 4.601' 4.070% 4.00%0 - 1+.90% all interest to maturity payable August 1, X974, and semiannually there- after on the lst day of February and the 1st day of August in each year, in accordance -::ith and upon presentation and surrender of the interest coupons hereto: attached as they severally become due. Both principal and interest ori this bond are payable at First National Bank of Minneapolis in the 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. This bond is one of an issue of bonds in the total principal amount of $725,000 all of like date and tenor except as to interest rate and maturity, all issued by the city for the purpose of providing money to defray the expenses incurred and to be incurred in various public improvements, pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments against =10 property s:'—cially benefited thereby, but constitutes a general payment of said -rincipal and interest as the same become due, the full faith and crc>dil )f the city is hereby irrevocably pledged and the City Council will levy ad valorem taxes, if required for such purpose, which may be leviti on all of the taxable property in the village without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED That all acts, conditions and things required bN, 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 fond have been done, have happened and have been performed in regul:3! and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the village outstanding -)n the ci3te hereof and the date of its actual issuance and delivery not Erx_,eed any constitutional or statutory limitation thereor:. .1N WITNESS WHEREOF, the City of Hutchinson, McLeod County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the City Clerk and sealed with the corporate seal, and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1973. if i t 1.1 F1 I rk.____._. (Seal , No. Mayoi (Form of Coupon) ON THE FIRST DAY OF AUGUST, 1974 the City o` Hutchinson. McLeod County, Minnesota will pay to bearer out of its Ii:, ;ovement: :3onds of 1973 Fun- at First National Bank of Minneapolis in the the Jrldnt shown thereon for interest then due on its Improvement Bonds of 1,473 dated A.,qust 1, 1973. (facsimile signature City Clerk No. (facsimile signature) Mayor 4. The city Clerk shall obtain a copy of the proposed approving legal opinion of Messrs. LeFevere, Lefler, Hamilton and Pearson which shall be complete except as to dating thereof and shall cause said opinion to be printed on each bond, together with a certifi- cate to be signed by his facsimile signature, in substantially the following form: 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) -4- City Clerk 5. The bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the city by the facsimile signature of the Mayor and the manual signature of the City Clerk, and the corporate seal of the city shall be affixed to each thereof, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of said Mayor and City Clerk. 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. 6. The bonds issued hereunder shall be payable from the - Improvement Bonds of 1973 Fund, and all the proceeds of the special assessments to be levied for said improvement are hereby pledged to said fund. If any payment of principal of or interest on said bonds 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 City and such fund shall be reimbursed for such advances out of the proceeds of assessments for said improvement when collected. 7. It is hereby determined that the estimated collection of special assessments for the payment of said bonds will pro- duce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the bonds, and no tax levies are presently required. The Clerk shall deliver a certified copy of this resolution to the County Auditor of McLeod County, and obtain his certificate as required by Section 475.63, Minnesota Statutes. 8. It is hereby determined that the improvements to be financed by the issuance of bonds hereunder will benefit the entire city and the city hereby covenants with the holders from time to time of said bonds as follows: (a) The city will cause the assessments for said improvement to be promptly levied so that the first install- ment will be collectible during 1974 and will take all steps necessary to assure prompt collection. (b) The city will keep complete and accurate books and records showing all receipt and disbursements in connection with each improvement, the assessments levied therefor and other funds appropriated for their payment and all collections thereof and disbursements therefrom, moneys on hand anu baiance of unpaid assessments. (c) The city will cause its said books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any interested persons upon request. 9. The officers of the city are hereby authorized and directed to prepare and furnish to the purchaser of the bonds and to the attorneys approving the same, certified copies of proceedings and records of the city relating to said bonds and to the financial condition and affairs of the city, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge, or as shown by tie boors and records in their custody and under their control relating to the validity and marketability of said bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the village as to the facts stated therein. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Lueneburg and upon vote being taken thereon, the following voted in favor thereof: and the following members voted against: None; whereupon said resolution was declared duly passed and adopted. -5- STATE OF MINNESOTA ) COUNTY OF McLEOD ) SS. CITY OF HUTCHINSON ) I, the undersigned, being the duly qualified and acting Clerk of the City of Hutchinson, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of said city held July 17, 1973 with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $725,000 Improvement Bonds of 1973 of the city. WITNESS M hand officially as such Clerk and the seal of the city this 14` day of August , 1973. City Clerk City of Hutchinson, Minnesota (Seal)