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cp06-08-1993 cAhk An r SUNDAY MONDAY NOW TUESDAY -6- -7- -8- _ HUTCHINSON GRADUATION LEAGUE OF MN CITIES ... CONFERENCE - ST. CLOUD CONGRATULATIONS! JUNE 8 -11 I 9 HUTCNINSON =° CITY CALENDAR ' 7:30 P.M. - City Council 8:00 P.M. - Fire Department Meeting at Week of Meeting at Fire City Hall Station June 6 to June 12 1 9 9 3 WEDNESDAY THURSDAY FRIDAY SATURDAY -9- -10- -11- -12- 10:00 A.M. - Directors Meetin 9:30 A.M. - Senior Advisory VACATION: at City Hall Board Meeting at Senior Center CHUCK NELSON - June 7 -10 f AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 8, 1993 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Max Myers, Assembly of God Church 3. Consideration of Minutes Bid Opening of May 28, 1993 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - May 1993 2. Airport Commission Minutes of May 24, 1993 Action - Motion to order report and minutes filed • 5. Public Hearing - 8:00 P.M. (a) Assessment Roll No. 285, Letting No. 2, Project No. 93 -02 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to adopt roll and award contract - Motion to waive reading and adopt Resolution (b) Assessment Roll No. 284, Letting No. 5, Projects No. 93 -06, 93 -07, & 93 -08 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to adopt roll and award contract - Motion to waive reading and adopt Resolution 6. Communications. Reouests and Petitions (a) Consideration of Request By Hutchinson Area Chamber of Commerce to Hold 19th Annual Arts & Crafts Festival In Library Square Park On September 17 & 18, Close Off Streets And Municipal Parking Lots, And Reserve All Concession Rights In Downtown Area Action - Motion to reject - Motion to approve 0 CITY COUNCIL AGENDA - JUNE 8, 1993 . (b) Consideration of Request for Light Fixture On Light Pole Located On Hwy 7 West By Hutch Bowl Action - Motion to reject - Motion to refer to Utilities 7. Resolutions and Ordinances (a) Ordinance No. 93 -82 - An Ordinance Of The City Of Hutchinson, Minnesota, Amending Section 3.20, Subd. 2 Of The Hutchinson City Code And Adopting By Reference, City Code Chapter 2 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive second reading and adopt (b) Ordinance No. 93 -83 - Vacation of Street (Cooperative Development) Action - Motion to reject - Motion to waive second reading and adopt (c) Ordinance No. 93 -84 - Rezoning from R -3 to R -4 (Cooperative Development) Action - Motion to reject - Motion to waive second reading and adopt (d) Ordinance No. 93 -85 - Rezoning from R -3 to PDD -3 (Morningside Land Co.) Action - Motion to reject - Motion to waive second reading and adopt (e) Ordinance No. 93 -86 - An Ordinance of the City of Hutchinson, Minnesota, Authorizing the Sale of Municipally Owned Real Property and Adopting, By Reference, City Code Chapter 1 and Section 2.99 Which, Among Other Things, Contain Penalty Provisions (Hutchinson Technology, Inc.) Action - Motion to reject - Motion to waive second reading and adopt (f) Resolution No. 9960 - Resolution Adopting Special Legislation As Required By MN Stat. 645.021, Subd. 2 Action - Motion to reject - Motion to waive reading and adopt 0 2 • CITY COUNCIL AGENDA - JUNE 8, 1993 (g) Resolution No. 9961 - Resolution For Purchase 11 Action - Motion to reject - Motion to waive reading and adopt (h) Ordinance No. 93 -87 - An Ordinance Of The City Of Hutchinson, Minnesota, Amending City Code Section 10.01, Subd. 6 By Adding Paragraph C Prohibiting Disposal Of Refuse Without The Express Permission Of The Owner Or Person In Charge Of The Refuse Container, Adopting By Reference, City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provision Action - Motion to reject - Motion to waive first reading and set second reading for June 22 (i) Resolution No. 9962 - Resolution To Release Pledged Securities To First State Federal Savings & Loan Of Hutchinson, Minnesota Action - Motion to reject - Motion to waive reading and adopt (j) Resolution No. 9963 - Resolution To Release Pledged Securities To First State Federal Savings & Loan Of Hutchinson, Minnesota Action - Motion to reject - Motion to waive reading and adopt (k) Resolution No. 9964 - Resolution To Substitute Pledged Securities To First State Federal Savings & Loan Of Hutchinson, Minnesota Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Request By Crow River Arts for Funding In 1993 -94 City Budget (DEFERRED MAY 25, 1993) Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - JUNE S, 1993 . 9. New Business (a) Consideration of Awarding Bid for 1993 Public Utilities Revenue Bonds Action - Motion to reject - Motion to approve (b) Consideration of Staffing At Police Department Action - (c) Consideration of $35,000 Interest Payment for Junker Litigation Settlement Action - Motion to reject - Motion to approve (d) Consideration of Changes In Police Department Manual Action - Motion to reject - Motion to approve (e) Consideration of Eminent Domain Proceedings for Right -of- Way On Texas Avenue Including Retention of An Appraiser Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (f) Consideration of Lease Regarding Popcorn Wagon Owned By Mainstreet Association Action - Motion to reject - Motion to approve (g) Consideration of Resolution Opposing Unwarranted Protection of Rural Electric Service Territories Action - Motion to reject - Motion to approve and adopt Resolution 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 4 • MINUTES BID OPENING FRIDAY, MAY 28, 1993 The meeting was called to order at 10:00 A.M. by City Administrator Gary D. Plotz. Also present was Engineering Secretary Patrice Vander Veen. The reading of Publication No. 4501, Advertisement for Bids, Letting No. 6, Project No. 93 -09, 93 -11, 93 -12 & 93 -13, was dispensed with. The following bids were opened and read: Bauerly Bros. Sauk Rapids, MN $144,211.61 Mid -MN Hot Mix, Inc. Annandale, MN 157,006.65 Wm. Mueller & Sons, Inc. Hamburg, MN 156,472.58 The bids were referred to staff for review and recommendation. • The meeting adjourned at 10:05 A.M. • if 0 0 0 JaaY1 nla tRem ua an n. a._nnn...n.... n.. .. rose C'QO4 U.S. DFRMTMFNt pF COMNERR pats -ni aseaun necaws PaHOdawlNeh permits lnued 1 MAY 1993 IP4sn cones' anY arras n nameW adSep indREng ZIP Coder REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 351400 27 4 9999 OBS 1 0 Z6 9999 02730 JAMES PARKA BLDG OFFICIAL FOR CITY OF HUTCHINSON If your building permit system has changed, mark (K) appropriate box below and uWaM CITY HALL 37 YASXIN6TON AVE WEST M commants. NUTCHINSON AN 55350 - ❑ Discontinued issuing permits ❑ Merged with another system ❑ Spiit into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL 13 Had other changes THIS FORM ON OR BEFORE JUNE 4 1993 If no permits were issued during Bureau of the Census Instructions are included. For this period, mark /X) in the box - -e ❑ 1201 Ent 10th Street further assistance, call collect and return this form JeHersonailie, IN 07132 -0001 PRIVATELY OWNED (3011 763 -7246. EPT-mr," ASS N EW RESIDENTIAL PUBLICLYOWNED HOUSEKEEPING of Number of BUILDINGS Valuation of VeNerion of Housing construction 8uildirga Housing construction units Omit cents units Omit coma tcl Id) bl Ifl 1 I Single - family houses, detached Exclude mobile I.mas. Zi 770 Single - family houses, attschod - Separated by ground to roof wan, -No units above or below, and - Separate heating systems and utility meters. (Count each unit as a separate building) 102 Two - family buildings 103 Three -and tour - family buildings 104 Fw"r -more family buildings 105 TOTAL - Sum of lot -105 —► 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSEKEEPINO Item Numba'ol N11°Ot BUILDINGS Valuation of Valuation of Np, 8uildirpa Rooms construction drutcanN Buildings Rooms construction Gosh cants Iel Ibl let lot let pl Is) Hotels, motels. and tourist cabins (transient accommodations Unlyl 213 Other nonhousekesping shelter 214 NEW PRIVATELYOWNED PUBLICLYOWNED NONRESIDENTIAL BUILDINGS Item Number Valuation of Number Vakntiun of No. of construction of construction I buildings; Omit tonne, buildings Omit eonb NI (bl cc) Idl let Amusement, social, and recreational 318 Churches and other religious 319 Industrial 320 Parkin era es Ibuildin s and open docked) 321 Service stations ant repair gwagas 322 Hospitals and institutional 323 Offices, banks. and protessfonal 324 Public works and utilities 32S Schools and other educational 326 Stores and customer services 327 478-467-00 Other nonresidential buildings — 328 Structures other than buildings 329 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Its. CONVERSIONS Number VNuation of Number Valuation of No. of construction of construction buildings Onat cents buildings Omit cants IN (b) top (it) let Residential - Classify additiaa of garages and carport, in from 438. 434 Nonresidential and nonhousekeepi g 437 11 77,296-00 Additions of residential garages and carporre latts led nsd detached) 4381 4 34 614.00 On -', one -a, 4 °RD- r,num-i PLEASE CONTINUE ON REVERSE SODS �► �e.,a Pt,4i Ls X62 Total Valuation $9,821,612.75 DEMOLITIONSAND PRIVATELYOWNED PUBLICLYOWNED RAZING OF BUILDINGS It Numbs, of Number of Buildings Housing Blldi u ^9s Housing No. unite units Is) Ibl 10 Idl ial Single - family houses (attached and detached) 648 Two-family buildings 846 Three - and tour family buildings 847 five -a -more family buildings 648 All other buildings and structures 848 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 1600,000 OR MORE Please provide the lollowing information for each pxrNt euthodzing construction yak" at $500,000W more entered in secilons I through IV. f 0 0 0 0 HUTCHINSON AIRPORT COMMISSION MEETING May 24, 1993 Meeting was called to order by Dave Skaar at 8:45 P.M. on May 24, 1993. Members present: Jim Faber, Joe Dooley, Dennis Kahl, Mayor Paul Ackland, Tim Miller and Dave Skaar. City Staff present: Doug,Meier Guest present: Tom Parker, Bernie Knutson i. General discussion concerning Phase II of Airport Improvement Project. Meeting adjourned at 8:45 P.M. liext scheduled meeting to be held June 28, 1993 at the Airport Lobby at 7:30 P.M. Report submitted by Doug Meier. L -�'-A (-Z) PUBLICATION NO. 4526 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 285 LETTING NO. 2 PROJECT NO. 93 -02 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 5:00 P.M. on the 8th day of June, 1993, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of School Road from McDonald's Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and School Road from Roberts Road to South Grade Road by construction of sidewalk, landscaping and Appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1993. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 (t ) percent per year. The right to partially prepay the assessment shall be until October 1st, 1993. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $152,111.11. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed, 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 0 3. The objector may be represented by counsel. a PUBLICATION NO. 4526 PAGE 2 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age• or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Aw A•l Im Gary D. Pl6tz, Cit dministrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MAY 25TH, 1993 AND TUESDAY, JUNE 1ST, 1993. E 9 C 37 IV ishiirstan Aimee West (612) 587 -5151 Hutchinson, Minnesota 55350 A SSES SMEN T HER R SNG La��inq No_ 2 /Project No. 93 -02 SCHOOL ROAD (McDonald Drive to South Grade Road) ASSESSMENT ROLL NO. 2S5 June 8, 1993 - 8:00 pm CONSTRUCTION OF SANITARY SEWER, WATERMAIN, SERVICES, STORM SEWER, GRADING, GRAVEL BASE, CONCRETE CURB & GUTTER, SIDEWALK, BITUMINOUS BASE, SURFACING AND APPURTENANCES Total Construction Cost $ 382,803.30 Project Expenses S 91,872.79 TOTAL PROJECT COST $ 474,676.09 PROJECT COST BREAKDOWN City Cost: Watermain Lowering /Revisions $ 31,740.18 Sanitary Sewer Replace /Extension $ 29,458.46 • Street /Storm Sewer /Sidewalk Extra Width & Depth Street/ Sideyard /Previously Assessed $ 255,854.97 TOTAL CITY SHARE $ 317,053.61 TOTAL ASSESSED COST S 157,622.48 TOTAL PROJECT COST $ 474,676.09 ASSESSMENT RATES Street /Curb and Gutter $ 36.40 /Front Foot Sanitary Sewer S 16.45 /Front Foot Sanitary Sewer Service $ 603.47 /Each Watermain Service $ 1,681.41 /Each ASSESSMENTS NOTES L J ASSESSMENTS Clouse Addition (Per Subdivision Agreement /10 lots, 12 FF each)$ 436.80 Loretta McDonald (Deferred indefinitely, not buildable) $20,608.22 Vineyard Methodist Church (Assessed for sanitary sewer and service on School Road, not easily accessable. May be better off reaching agreement with School District on service from Middle School Area) CITY SHARE City Share expected to be paid from County Turnback for CSAH 7 (Dale Street and 2nd Avenue), and from State Aid Funds. ��A' C 37 IVashington Azvnue [Pest (612) 587 -5151 • Hutchinson, Minnesota 55350 PAYMENT OPTIONS ► Full Payment without Interest by October 1, 1993 ► Full Payment with Interest from October 1st by November 15, 1993 ► After November 15, 1993 Assessments are certified to tax rolls Assessment on Tax Roll, 10 Years, With Interest, Equal Principal ► Deferment available for property owners, meeting income guidelines, who are either over 65 years old or disabled. n u 0 RESOLUTION NO. RES01An`IOK ADOPTING ASSESSMENT ASSESSMENT ROLE .7 LETTING / PROJECT / 1 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of School Road from McDonald's Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and School Road from Roberts Road to South Grade Road by construction of sidewalk, landscaping and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1st, 1993, until the 31st day of December, 1994. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1993; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 8th day of June, 1993. City Administrator Mayor RESOLUTION NO. 9968 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT • LETTING NO. 2 PROJECT NO. 93 -02 WHEREAS, pursuant to an advertisement for bids for the improvement of School Road from McDonald's Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and School Road from Roberts Road to South Grade Road by construction of sidewalk,. landscaping and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: BIDDER AMOUNT BID Wm. Mueller & Sons, Inc. of Hamburg, MN $ 382,803.30 Duininck Bros., Inc. of Prinsburg, MN $ 454,729.50 Bauerly Bros, Inc. of Sauk Rapids, MN $ 396,898.04 AND WHEREAS, it appears that Wm. Mueller and Sons, Inc. of Hamburg, MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA; 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Wm. Mueller andd Sons, Inc., in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the Director of Engineering. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the Hutchinson City Council this 8th day of June, 1993. Mayor City Administrator 0 � -� PUBLICATION NO. 4525 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 284 LETTING NO. 5 PROJECT NO. 93 -06, 93 -07, 93-08 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 8.00 P.M. on the 8th day of June, 1993, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of: Project No. 93 -06 5th Avenue S.E. from Monroe Street to Ontario Street; Project No. 93 -07 Erie Street and Huron Street from 2nd Avenue S.E. to South Termini; and Project No. 93 -08 4th Avenue S.W. from Dale Street to Lynn Road; by construction of storm sewer, sanitary sewer, watermain, sewer and water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1993. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 (t)percent per year. The right to partially prepay the assessment shall be until October 1st, 1993. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $307,227.03. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. • PUBLICATION NO. 4525 PAGE 2 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under It, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. Plo City A�dlninistrator City of Hutc nson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, May 25th, 1993 AND TUESDAY, JUNE 1ST, 1993. 0 • • C 37 l At,emre West 012) 5S; -5151 Hutchinson, Minnesota 55350 ASSESSMENT lYERRSNG Le��ing No. .5 (1993) 5TH AVENUE S.E. (Monroe to Ontario Streets) 93 -06 ERIE & HURON STREETS (2nd Avenue SE to South Termini) 93 -07 4TH AVENUE S.W. (Dale Street to Lynn Road) 93 -08 ASSESSMENT ROLL NO. 284 June 8, 1993 - 8:00 pm CONSTRUCTION OF SANITARY SEWER, WATERMAIN, SERVICES, STORM SEWER, GRADING, GRAVEL BASE, CONCRETE CURB & GUTTER, DRIVEWAYS & SIDEWALK, BITUMINOUS BASE, SURFACING AND APPURTENANCES Total Construction Cost $ 723,673.98 Protect Expenses S 173,681.76 TOTAL PROJECT COST $ 897,355.74 PROJECT COST BREAKDOWN City Cost: Watermain Replacement $ 148,003.11 Sanitary Sewer Replacement $ 54,789.83 Storm Sewer $ 80,323.64 Street Cost: Extra width /depth of street Deferred Street Assessment Sideyard /Previously Assessed $ 170,777.78 5th Avenue SE (Project No. 93 -06) $ 138,388.34 TOTAL CITY SHARE $ 592,282.70 TOTAL ASSESSED COST S 305,053.04 TOTAL PROJECT COST S 897,335.74 ASSESSMENT RATES Street Cost (Residential) $ 28.89 $ 23.17 Front Foot Street Cost (Commercial /Industrial) $ 36.05 - - Front Foot Concrete Curb & Gutter $ 7.44 $ 11.16 Front Foot Driveway Panel (5" thick) $ 29.76 $ 29.76 Square Yard Driveway Panel (8" thick) $ 32.24 $ - - Square Yard Water Service $436.76 $404.24 Each Sanitary Sewer Service $502.76 $451.67 Each TYPICAL ASSESSMENTS 66' Lot with Street only 66' Lot with Street, Curb and Gutter 66' Lot with Street, Curb and Gutter, Driveway 66' Lot with Above plus Water and Sewer Services 100' Lot with Street, Curb and Gutter, Driveway 93 -07 $ 2,397.78 $ 2,626.93 $ 3,593.45 93 -08 S 1529.22 3,813.93 X/6 7 X/6 371%at hington Azcnuc Iticst rvr) 5s; -51s1 Hutchinson, Minnesota 55350 PAYMENT OPTIONS ► Full Payment without Interest by October 1, 1993 ► Full Payment with Interest from October 1st by November 15, 1993 ► After November 15, 1993 Assessments are certified to tax rolls ! Assessment on Tax Roll, 10 Years, With Interest, Equal Principal ► Deferment available for property owners, guidelines, who 65 years old or meeting income are either over disabled, n u 0 DAKOTA RAIL, INC. "ROUTE OF THE CHARGING BUFFALO" June 8, 1993 Gary D. Plotz, City Administrator City of Hutchinson 37 Washington Ave. W. Hutchinson, Minnesota 55350 RE: 1993 City Assessment roll No. 284. Dear Mr. Plotz: Dakota Rail, Inc. objects to both projects under the above assessment roll and requests that all rights be preserved. • = Since, L. Ripley General Manager for Elli M. A. Mills President L -.,I cc: Barry Anderson, Esq. Hand delivered June 8, 1993. CORPORATE OFFICE: 25 Adams St. N., Hutchinson, MN 55350 612 - 587 -4018 FAX: 612 - 587 -0875 RESOLUTION NO. 9969 RESOLUTION ADOPTING ASSESSMENT ASSESSHE21T ROLL ND. 284 LETTING NO. 5 PROJECT NO. 93 -06, 93 -07, 93 -08 • WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of: Project No. 93 -06 5th Avenue S.E. from Monroe Street to Ontario Street; Project No. 93 -07 Erie Street and Huron Street from 2nd Avenue S.E. to South Termini; and Project No. 93 -08 4th Avenue S.W. from Dale Street to Lynn Road; by construction of storm sewer, sanitary sewer, watermain, sewer and water services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. • 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1st, 1993, until the 31st day of December, 1994. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 0 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1993; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 8th day of June, 1993. City Administrator Mayor RESOLUTION NO. 9970 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT • LETTING NO.5 PROJECT NO. 93-06, 93-07, 93 -08 WHEREAS, pursuant to an advertisement for bids for the improvement of: Project No. 93 -06 5th Avenue S.E. from Monroe Street to Ontario Street; Project No. 93 -07 Erie Street and Huron Street from 2nd Avenue S.E. to South Termini; and Project No. 93 -08 4th Avenue S.W. from Dale Street to Lynn Road; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: BIDDER AMOUNT BID Wm. Mueller & Sons, Inc. of Hamburg, MN $ 723,673.98 Duininck Bros., Inc. of Prinsburg, MN $ 786,384.85 Randy Kramer Excavating of Watkins, MN $ 809,176.02 AND WHEREAS, it appears that Wm. Mueller & Sons, Inc. of Hamburg, MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Wm. Mueller & Sons, Inc. of Hamburg, MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the Director of Engineering. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the Hutchinson City Council this 8th day of June, 1993. Mayor City Administrator • L� HUTCHINSON AREA CHAMBER OF COMMERCE 45 Washington Avenue East Hutchinson, MN 55350 (612) 587 -5252 ,3%-12 34 6 June 2, 1993 n`b j UN1993 The Honorable Paul Ackland City of Hutchinson N By � = ` 37 Washington Avenue West a�s`84L"a� Hutchinson, MN 55350 Dear Mayor Ackland, The 19th Annual Arts & Crafts Festival of the Hutchinson Area Chamber of Commerce will be held Friday, September 17, 10:00 a.m. to 6:30 p.m., and Saturday, September 18, 10:00 a.m. to 5:00 p.m. Our Arts & Crafts Task Force would like to request the following: • Use of Library Square Park • Closing of 1st Avenue Southeast between Main Street and Hassan Street for overflow of exhibitors and Taste of Hutchinson vendors. For emergency purposes, the alley behind 101 Park Building will be continued to the south side of the park. No obstructions will be allowed in this area. • Closing of Hassan Street between Washington Avenue East to 1st Avenue Southeast for overflow exhibitors. This is a new request for 1993. • Closing of the following municipal parking lots Friday morning, September 17, through Saturday, September 18, to accommodate exhibitor parking for the event: 1) Corner of Hassan Street and 1st Avenue Southeast 2) West side of Hassan Street between Washington Avenue East and 1st Avenue Northeast Registration will be conducted at the band shell in Library Square, and all exhibitors will receive a parking authorization card. This card identifies vehicles parked in the restricted lots and allows exhibitors to replenish their inventory during the event. If you wish additional information, please contact the Chamber at 587 -5252. Thank you for your help in making the Festival an event of which our community can be proud. Sincerely, • ` Sharon Bardonner Task Force Member �'-A r June 2, 1993 HUTCHINSON AREA CHAMBER OF COMMERCE Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Plotz, 45 Washington Avenue East Hutchinson, MN 55350 (612) 587 -5252 �O t 3 • 41"41993 RECEMED er_, —_ The 19th Annual Arts & Crafts Festival of the Hutchinson Area Chamber of Commerce will be held Friday, September 17, 10:00 a.m. to 6:30 p.m., and Saturday, September 18, 10:00 a.m. to 5:00 p.m. As in previous years, we have contacted Mayor Ackland, the Hutchinson Police Department, the Park and Recreation Department and the Street Department for their assistance. If you have any questions, please call the Chamber at 587 -5252. e Hutchinson Ambassadors also wish to reserve all concession ri hts in the downtown area as well as the control of any and all fond exhibitors for the Taste of Hutchinson /Arts & Crafts Festival The Ambassadors have an agreement with Mainstreet- Hutchinson regarding the operation of the Popcorn Wagon during the event. Thank you for your cooperation and for all the help you've provided in the past. Sincerely, 7 Sharon Bardonner Task Force Member E 0 0 Brad Larson Hutch Bowl P_0. Box 203 Hwy. 7 West Hutchinson, Mn. 55350 Mayor Paul Acklund City of Hutchinson 37 Washington Ave. W. Hutchinson, Mr. 55350 Dear Mayor Acklund: >2° 4 INAAYIS93 410Er9D Over the past few years, we seem to have more trouble in our parking lot than ever before. Now with the bar having new owners it seems we have more trouble in the park- ing lot than ever before. We try and keep the parking lot patrolled more but we can't see everything. This summer we are going to replace the light pole footing and put new and brighter lights in our light pole_ We are asking the city to help us out by putting a light fixture on one of the existing street lights on Hwy 7 which would shine down towards our parking lot. I have made a drawing as to which light pole we would like the city to hang the light_ PLEASE GIVE THIS YOUR CONSIDERATION. Sincerely yqqrs, Brad Larson, Prop_ blA S7✓I�e� shin <s oti STieee7r c 5kr ® PKr exT/IA F,cTN,ae �lt�e ®L� ALe- 5h(Ke ?a uJ41�5 Sv,ldr�e �C A.iA PAdK.Ns LaT• �� _Tops g� ,QPST�•{�"� /l, t, k • 0 ORDINANCE NO. Qd2 ` PUBLICATION NO. 93- , 2ND SERIES AN ORDINANCE OF THE CITY OF HUTCHINSON# MINNESOTA, AMENDING SECTION 3.20, SUBD. 2 OF THE HUTCHINSON CITY CODE AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 2 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code Sec. 3.20, Subd. 2 is hereby amended as follows: Subd. 2. Repairs of Leaks and Equipment. It is the responsibility of the consumer or owner to maintain the service pipe from the main into the house or other building, including, but not limited to, the stand pipe or curb stop and all equipment associated with the service line, stand pipe or curb stop. In case of failure upon the part of any consumer or owner to repair any leak or any service line stand pipe or curb stogy within twenty -four (24) hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. Following notice as provided by this Section, at the sole option of the City, the City may repair the leak and the service pipe stand pipe or curb stop and all equipment associated with the service line stand pipe or curb stop and assess the cost for the repair against the property benefitted. The costs to be so assessed may include, but are not limited to material, labor and professional fees and expenses incurred in the repair. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council, this _ day of 1993. Attest: City Administrator Published in the Hutchinson Leader: First reading: Second reading: Mayor 7 A ORDINANCE NO. 93 -83 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING STREET AND ALL EASEMENTS LOCATED IN VILLAGE COOPERATIVE OF HUTCHINSON PLAT, AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY OF HUTCHINSON ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate the street and all easements located in the Village Cooperative of Hutchinson Plat. Section 2. That the lots abutting street to be vacated are described as follows: Lots 1, 2, 3, 4, 5 and 6 of Block 3 and Lots 1, 2, 3, 4 • and 5 of Block 4, all in Schmidtbauers Fourth Addition, according to the recorded plat thereof. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 8th day of June, 1993. ATTEST: Gary D. Plotz City Administrator First Reading: May 25, 1993 Second Reading: June 8, 1993 Published in the Hutchinson Leader on • Paul L. Ackland Mayor 7-91 C� ORDINANCE NO. 93 -84 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from R -3 Multiple Family Residence District to R -4 Multiple Family Residence District, with the following legal description: Lot 1, Block 1 of Village Cooperative of Hutchinson Adopted by the City Council this 8th day of June, 1993. • ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor 0 ORDINANCE NO. 93 -85 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from R -3 Multiple Family Residence District to PDD Planned Development District, with the following legal description: Lot 1, Block 1, and Lot 3, Block 2, Santelman's Addition, according to the recorded plat thereof. Except that part of said Lot 3, Block 2, described as Santelman's Second Addition Adopted by the City Council this 8th day of June, 1993. • ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor 7 —D C June 1, 1993 M E M O R A N D U M TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: Les Kouba Signage The City received favorable approval of special legislation that facilitates the installation of the Les Kouba signage on or off state right -of -way. The special legislation requires a Resolution be adopted by the City Council. Barry Anderson has prepared this Resolution that is hereto attached. /mjs CC: Hazel Sitz G. Barry Anderson Elaine Black City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 7-F ' AN ACT .y 1 CHAPTER No. 161 H.F. No. 1454 2 relating to the city of Hutchinson; permitting the 3 city to erect certain signs. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 5 Section 1. [HUTCHINSON SIGNS; DISTINGUISHED CITIZENS.] 6 The city of Hutchinson may publicize by city signs the fact 7 that it is the residence of a person distinguished in art, B literature, or music and may, after consultation with the 9 commissioner of transportation, erect the signs either on or off 10 trunk highway right -of -way. Signs erected under this section 11 are not subject to the permit requirement of Minnesota Statutes, 12 section 173.03. 13 Sec. 2. [LOCAL APPROVAL.] 14 This act takes effect the day after the governina bodv of 15 the city of Hutchinson complies with Minnesota Statutes, section 16 645.021, subdivision 3. P-0-49�-k 18 0 0 0 0 RESOLUTION NO. 2260 THIS RESOLUTION IS MADE AND ENTERED THIS 8th DAY OF JUNE, 1993, BY THE HUTCHINSON CITY COUNCIL. RECITALS: 1. The City of Hutchinson has been authorized by special legislation, adopted by the Minnesota Legislature and approved by the Governor of the State of Minnesota, to name or otherwise honor a local person; 2. The City of Hutchinson is required by Minn. Stat. $645.021, Subd. 2 to approve the special law in question; 3. The City Council for governing body for the community, to effect such approval; the City of Hutchinson, as the by way of this Resolution, seeks NOW THEREFORE, BE IT RESOLVED by the Hutchinson City Council for and on behalf of the City of Hutchinson that that certain special law passed by the Minnesota Legislature and approved by the Governor of the State of Minnesota is hereby approved as required by said special law. Attest: Gary D. Plotz City Administrator CITY OF HUTCHINSON By: Paul L. Ackland, Mayor q- 0 RESOLUTION NO. 9961 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 102 3/4" Water Meters Ah 7,548.0 Replacement & Resale Water Yes Water Pro MW The following items were authorized due to an emergency need: 9 ITEM COST Date Approved: ,Tune 8. 1993 Motion made by: Seconded by: DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: 7- G. ORDINANCE NO. 93 -87, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.01, SUBD. 6 BY ADDING PARAGRAPH C PROHIBITING DISPOSAL OF REFUSE WITHOUT THE EXPRESS PERMISSION OF THE OWNER OR PERSON IN CHARGE OF THE REFUSE CONTAINER, ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISION. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Section 10.01, Subd. 6 is hereby amended by adding paragraph C. as follows: C. It is unlawful for any person to dispose of or deposit refuse or junk of any kind into any public, residential or commercial refuse container without the express permission of the owner or person in charge of such container. This paragraph shall not apply to waste generated through use of public parks. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled " Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of , 1993. Attest: City Administrator Published in the Hutchinson Leader First reading: Second reading: C C. , Mayor P§ 0 0 • RESOLUTION NO. 9962 RESOLUTION TO RELEASE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA WHEREAS, First State Federal Savings & Loan of Hutchinson, Minnesota, a city depository, has requested release of the following securities under the collateral agreement with the City of Hutchinson: RELEASE FNMA 1991 - 65FA 6 -25 -21 $2,000,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Administrator be authorized to release the pledged securities. Adopted by the City Council this 8th day of June, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7--T I RESOLUTION NO. 9963 RESOLUTION TO RELEASE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA WHEREAS, First State Federal Savings & Loan of Hutchinson, Minnesota, a city depository, has requested release of the following securities under the collateral agreement with the City of Hutchinson: RELEASE FNMA 1992 -FB 1 -25 -22 $1,000,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Administrator be authorized to release the pledged securities. 0 Adopted by the City Council this 8th day of June, 1993. ATTEST: Gary D. Plotz City Administrator C J Paul L. Ackland Mayor / —V. RESOLUTION NO. 9964 RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA WHEREAS, First State Federal Savings & Loan of Hutchinson, Minnesota, a city depository, has requested substitution of the following securities under the collateral agreement with the City of Hutchinson: RELEASE FNMA 1992 -FB 1 -25 -22 $1,000,000.00 ACCEPT FHLMC REMIC 1399N 10 -15 -22 $1,000,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Administrator be authorized to substitute the pledged securities. Adopted by the City Council this 8th day of June, 1993. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor 7-K. We feel Crow River Arts, Inc. has made great progress in serving the community in the past six months. We greatly appreciate the support you and the City of Hutchinson have given us in this time of growth. We look forward to working with you in the future. Respectfully, `' h L Kasicti ,w— Director Crow River Arts, Inc. 9-AI ('4av k" A44 NtZ, P.O. Boot 262 Nubhtmon. Mknaeola 68850 612.687-0699 2\2223 2425 . � MgY1993 RECMW Kodch May 24, 1993 By�� Okicla Board Member <lot 6 8 L95� Belie Hubh F]r. Gary Flotz heddeM City Administrator NeeGRman Secnlay 37 Washington Ave. West KaIH.Reed Hutchinson, Minnesota 55350 Tnawurer E119 Docket Dear Fir. Flotz, Joy Berg &km Brou P;nclosed, please find a copy of the current financial report Cheryl Myers corwe Rkice for Crow River Arts, Inc., as of April 30, 1993• 0ur fiscal year ends on May 31, 1993 I would like to request disbursement of the final Y5000.00 matching grant funds committed to Crow River Arts, Inc. from the City of Hutchinson for this fiscal yer. a If you have any questions regarding the statement, fetl free to call. We feel Crow River Arts, Inc. has made great progress in serving the community in the past six months. We greatly appreciate the support you and the City of Hutchinson have given us in this time of growth. We look forward to working with you in the future. Respectfully, `' h L Kasicti ,w— Director Crow River Arts, Inc. 9-AI P.O. Box 282 Hukohlnson. M rW*Wta 65350 612.587-0899 0 PROGRAM April AjA Ytd Bakrice Dkitof Income Income EKp E)p Board Members FINANCIAL STATEMENT AS OF APRIL 30, 1993 0 290.72 Bette Hubin President ITEM Pro Apd Dpena d Balance 167.53 Nel Gilman Secretary Rent 7500 625.00 7438.36 61.64 .119.16 Insurance 250 0 250.00 0 Karl H. Reed USIIies 1000 124.82 932.97 67.03 Treasurer 4�x�nt 1700 000 20.307 460.76 421.34 Ebe Becker les 750 168.93 704.36 53924 45.64 Joy BerO Interest 400 29.00 296.00 104.00 Edon & Bosz Cheryl Myers ProPOS f. ees Assn. Fees Awards 100 250 0 50.00 90.00 125.00 10.00 125.00 Comle P'rInce AAd f ing qp 600.600.00 763 A8 332.37 TOTALS 21500 . 1124.42 17391.02 2402.72 4108.98 PROGRAM April AjA Ytd Bakrice Income Income EKp E)p Ar"jal Dkvier Classes 0 134.00 300.00 1044.50 0 290.72 9.28 Ch Theatre 0 318.38 0 0 876.97 614.35 167.53 -295.97 TOTALS 134.00 1662.88 0 1782.04 .119.16 ADMIN INCOME Source Rev Aprt Ytd H WC Dues 118 2.00 0 1182.00 Interest 21028 0 21028 Chal GRANT 333.00 0 333.00 SMAHC 10000.00 0 10000.00 City oofbHu h 5000.00 0 5000.00 APRIL Fundralsers 1240$ 0 124AS Tot. Sales Ytd ConsWwnent 8529 r -Tw- a 5.50 + 90.79 mdohftw 17.00 36625 TOTALS 17435.42 6.80 17440.92 CHECKING SAVINGS Balcme as of 3 -31 -93 2D62.92 3310.28 Total Avalable 2062.92 3310.28 Checks/1M11l'idrawals 350.00 0 Balance as of 4 -30-93 1712.92 3310.28 9 • BID SUMMARY SHEET $14,075,000 Public Utility Revenue Bonds, Series 1993 City of Hutchsinson, Minnesota LE: Tuesday, June 8, 1993 BID OPENING: 12:00 Noon AWARD: 7:30 P.M. Account Manager: DAIN BOSWORTH, INC. MERRILL LYNCH & COMPANY CRONIN & COMPANY, INC. MILLER, JOHNSON & KUEHN, INC. Account Members: Net Interest Cost: $ 5, 720, 746.60 Net Interest Rate: 5-1261% Bid Ranking: 3 • Account Manager: GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. CLAYTON BROWN & ASSOCIATES, INC. KEMPER SECURITIES, INC. Account Members: Net Interest Cost: $ 5, 750, 915.01 Net Interest Rate: 5.1387% Bid Ranking: 3 Account Manager: LEHMAN BROTHERS DEAN WITTER REYNOLDS, INC. PRUDENTIAL SECURITIES, INC. PAINEWEBBER, INC. Account Members: Net Interest Cost: $ 5,760,882.52 Net Interest Rate: 5.1641% Bid Ranking: • EHLERS AND ASSOCIATES, INC_ Salefile718 9�4' Account Manager: PIPER JAFFRAY INC. NORWEST INVESTMENT SERVICES, INC. DOUGHERTY, DAWKINS, STRAND & BIGELOW, INC. MILLER & SCHROEDER FINANCIAL, INC. SMITH BARNEY, HARRIS UPHAM & CO., INC. Account Members: Robert W. Baird & Company, Inc. Craig Hallum Inc. John G. Kinnard & Company, Inc. Moore, Juran & Company, Inc. Net Interest Cost: $5,705,868.06 Net Interest Rate: 5.106688% Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Account Manager: Account Members: Bid Ranking: Net Interest Cost: $ Net Interest Rate: Bid Ranking: Account Manager: Account Members: 0 L� Net Interest Cost: $ Net Interest Rate: Bid Ranking: is 0 Prepared by Ehlers and Associates 6/7/93 BBI1YR.XLC BOND INDEX BmdBuyer Index (20 Bard, 20 Yeers) Regvm1Index (20 Bard, 10 Years) Revenue Bond // a (25 Bard, 30 Years) 6.90% - June 1992 through June 1993 6.70% 6.50% RBI 6.30% BBI 6.10% 5.90% 5.70% 5.50% _ 5.30% As of June 4, 1993 REG -- Revenue Bond Index .................5.91% - 5.10% Bond Buyer Index ......................5.67% __ -_ - -_- Regional Index . ..........................5.22% 4.90% 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 J J A S O N D J F M A M J Prepared by Ehlers and Associates 6/7/93 BBI1YR.XLC 0 Week Ending Quotes Other Money Market Rates MAT 6/4 5/28 BP the 90 Day CP 3.37 3.29 +8 3 mo LIBOR 3.31 3.37 6 • Tax -Free Municipals (National) U.S. Treasuries Aaa Aa YIELDS 1 yr MAT 6/4 5/28 BP c g 3 mo 3.17 3.12 +5 6 mo 3.37 3.31 +6 1 yr 3.66 3.61 +5 2 yr 4.30 4.23 +7 3 yr 4.65 4.60 +5 5 yr 5.35 5.36 - 1 7 yr 5.72 5.78 -6 10 yr 6.09 6.15 -6 30 yr 6.91 6.98 -7 Other Money Market Rates MAT 6/4 5/28 BP the 90 Day CP 3.37 3.29 +8 3 mo LIBOR 3.31 3.37 6 • Tax -Free Municipals (National) MAT Aaa Aa A 1 yr 2.60 2.85 3.15 5 yr 4.20 4.40 4.65 10 yr 4.95 5.15 5.45 15 yr 5.35 5.55 5.85 20 yr 5.50 5.70 6.00 SRC: Delnhis Hanover 3.00 3.00 I ITr 3.45 5.00 5.80 6.20 6.35 Baa 4.90 (60) 5.40 (75) 6.10 (75) 6.52 (80) 6.99 (90) 7.19 (100) Corporates (Industrials) MAT_ Aa A 2 yr 4.55 (25) 4.70 (40) 3 yr 4.95 (30) 5.05 (40) 5 yr 5.70 (35) 5.80 (45) 7 yr 6.12 (40) 6.27 (55) 10 yr 6.54 (45) 6.69 (60) 30 yr 6.69 (50) 6.89 (70) (Basis point spread to Treasuries) Discount Rate I ITr 3.45 5.00 5.80 6.20 6.35 Baa 4.90 (60) 5.40 (75) 6.10 (75) 6.52 (80) 6.99 (90) 7.19 (100) All Information contained above is as of Friday 0610,03 • Selected Indicators This Week Last Week 93 Hi>sh 93 Low Year -Aeo Prime Rate 6.00 6.00 6.00 6.00 6.50 Fed Funds 215/16 3.00 4.00 21/4 322/32 Discount Rate 3.00 3.00 3.00 3.00 3.50 Bond Buyer 20 G.O. 5.67 5.73 6.19 5.47 6.42 Bond Buyer 25 Rev. 5.91 5.94 6.44 5.69 6.73 B1ueList(null.of$) $1,494.0 $1,701.8 $1,978.9 $ 749.6 $1,418.9 30 Day Visible Supply (mill. of $) $7,779.9 $8,660.3 $9,906.0 $3,284.4 $5,603.1 Money Supply: MI (bill of $) $1,065.1 $1,068.1 $1,068.1 $1,029.2 $953.9 M2 (bill of $) $3,500.9 $3,505.4 $3,505.4 $3,466.7 $3,469.2 M3 (bill of$) $4,162.9 $4,170.6 $4,172.1 $4,125.9 $4,186.0 All Information contained above is as of Friday 0610,03 • PROPOSAL FORM The City Council Hutchinson, Minnesota RE:' $14,075,000 Public Utility Revenue Bonds, Series 1993 DATED: June 30, 1993 June 8, 1993 For all or none of the above Bonds, in accordance with the Terms of Proposal and terms of the Global Book Entry System as stated in this Official Statement, we will pay you $ /3 89 2 13 (not less than $13,867,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: 3.w % due 1994 3 -�;b % due 1995 3 -9t %due 1996 y.r� % due 1997 y> % due 1998 % due 1999 v % due 2000 due 2001 S-Oo % due 2002 S -oS % due 2003 S so % due 2004 i.3= %due 2005 We enclose our good faith deposit in the amount of $281,500, to be held by you pending delivery and payment. Alternatively, we have provided a financial suretyond or have wired our good faith A deposit to the Ehlers and Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our proposal Is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers and Associates, Inc., as escrow holder of the good faith deposit, pursuant to this Official Statement dated June 2, 1993. This proposal is for prompt acceptance and is conditional upon deposit of said Bonds to The Depository Trust Company, New York, New York in accordance with the Terms of Proposal. •We have received and reviewed the Official Statement and have submitted our requests for additional information or corrections to the Official Statement. As Syndicat Manager agree to provide the Issuer with the reoffering price of the Bonds withi hours f opo ac ptance. Account Manager: PIPER JAFERAY EC. By. C (Perlin Larson, Managing Director) Account Members: See Reverse Side The foregoing offer is hereby accepted by and on behalf of the City Council of the City of Hutchinson, Minnesota this day of , 1993. Attest: By. Title: Title: According to our computations (the correct computation being controlling in the award), the total dollar interest cost (including any discount or less any premium) of the above proposal is $ SOS, 868 0 f and the true interest rate (TIC) is S_ [O 6688%, 1 0 0 FA 330 PANE wVEHDE NEW SORE, RAW SOLE Ions¢ (sislN3 -9200 L330 COHH =C= svENQE. II. w. wA/BLSOMN, D. C. 60036 (902)367 -OT00 3 DRACRCHURCH 3 REST LONDON ECOV OAT, ENGLAND K-a1- 929-3339 36, HCE THOHCHET 750 P&RTSI PRANCE 33-1-62-06 -SB -09 35 SQUARE DE HEEDS H -1010 ERC3SELE, DEWMN 32-2 - 504 -66 -u DORSEY & WHITNEY A P...... 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1496 612) 340 -2600 TE= 29-0605 FA (612)340 -2666 Mr. Clarence Kadrmas General Manager Hutchinson Utilities Commission Hutchinson Utilities Building 225 Michigan Hutchinson, Minnesota 55350 Mr. Dan Prochnow Bradford, Prochnow & Newman • 75 Hassan Street P.O. Box 130 Hutchinson, Minnesota 55350 0 Mr. Kenneth Merrill City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 JEWME P. GHIJGAN (61M 940.2982 June 4, 1993 W1 MR" ArENOE, 5. w., /mTE 3 ROLRE /MIN. YDSRE /OL 35901 (sm)see•3156 1/00 MUST DPTERETATE CE3TTER EILLQO/, RORTARA 59100 (6o/)ssa -3eoo wa DwrIDiON n oa0"" rALU. RoRTANA 5 96o1 (6o6)as7 -3636 127 aASr PR(MT'STRERT n //OHLA, MONTANA 52/09 (6wlam -fio25 301 ORAND, SMTE 3900 Dn/ MOLNNS, IOwA 50009 (315)293 -1000 Mr. G. Barry Anderson Arnold & McDowell 101 Park Place Hutchinson, Minnesota 55350 Ms. Jeanne Vanda Ehlers and Associates, Inc. 2950 Norwest Center 90 South Seventh Street Minneapolis, Minnesota 55402 -4100 Re: $14,075,000 Public Utilities Revenue Bonds, Series 1993 City of Hutchinson, Minnesota Dear Jeanne and Gentlemen: Enclosed are forms of a bond resolution of the City Council authorizing the issuance, awarding the sale and setting forth the terms and conditions and security for the Bonds referred to above, together with a form of resolution of the Hutchinson Utilities Commission approving the issuance of the Bonds by the City and concurring with the City Council on the adoption of the bond resolution. It is my understanding that the Utilities Commission will meet on June 8th to adopt its resolution shortly before the City Council adopts the bond resolution. 9 -A- e Mr. Clarence Kadrmas DORSEY & WHITNEY Mr. Dan Prochnow Mr. Kenneth Merrill Mr. G. Barry Anderson Ms. Jeanne Vanda June 4, 1993 Page 2 If you have any questions or comments, please give me a call. JPG:cmn Enclosures Yours ero e 0 • L� . HUTCHINSON UTILITIES COMMISSION RESOLUTION RELATING TO $14,075,000 PUBLIC UTILITY REVENUE BONDS, SERIES 1993; AUTHORIZING THE HUTCHINSON CITY COUNCIL TO PROVIDE FOR THE ISSUANCE AND SALE THEREOF BE IT RESOLVED by the Hutchinson Utilities Commission (the "Commission ") as follows: 1. Recitals. To finance improvements to the electric generation and distribution system operated and managed by the Commission it is proposed that the City of Hutchinson (the "City") issue its $14,075,000 Public Utility Revenue Bonds, Series 1993 ( "the 'Bonds "), the principal of and interest on which shall be payable from the net revenues of the electric generation and distribution system and natural gas system operated and managed by the Commission. The Bonds are to be issued pursuant to and secured by the covenants and agreements contained in a resolution to be adopted by the Hutchinson City Council on June 8, 1993, which resolution is attached hereto and is by reference incorporated herein (the "Resolution"). • 2. Authorization and Concurrence. The Commission hereby finds and determines that the issuance of the Bonds is necessary and in the best interests of the Commission and authorizes the City to issue the Bonds as provided in the Resolution, and hereby joins in and adopts the Resolution, including all of the covenants and agreements therein contained with the same force and effect as if the Resolution had been adopted by the Commission. Adopted June 8, 1993 • 9 -A. CERTIFICATION OF MINUTES RELATING TO • $14,075,000 PUBLIC UTILITY REVENUE BONDS, SERIES 1993 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on June 8, 1993, at 7:30 o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): 1 through 24 RESOLUTION RELATING TO $14,075,000 PUBLIC UTILITY REVENUE BONDS, SERIES 1993 AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY • THEREOF AND THE SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certifying that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this _ day of 1993. Gary Plotz, City Administrator . • • The City Administrator reported that sealed bids for the $14,075,000 Public Utility Revenue Bonds, Series 1993 had been received in accordance with the Terms of Proposal for the sale of the Bonds approved by the City Council by a resolution adopted on May 26, 1993. The bids have been opened, read and tabulated, and the terms of each have been determined to be as follows: Interest Bid for True Interest Name of Bidder Rates Principal Cost • 11 Member introduced the following resolution and • moved its adoption, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION RELATING TO $14,075,000 PUBLIC UTILITY REVENUE BONDS, SERIES 1993; AWARDING THE SALE, FDQNG THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Authorization and Sale. 1.01. Public Utility System Improvements. The City of Hutchinson now owns and operates through the Hutchinson Utilities Commission (the "Commission"), as a revenue - producing convenience, a system for the generation and distribution of electricity for the use of the City and its inhabitants and other customers. The Commission has determined that in order to insure an adequate • supply of electricity for the customers of the electric system at all times, it is necessary for the Commission to provide for the acquisition and betterment of improvements to the electric system at a total estimated cost of $16,722,000. The City Council on October 28, 1986 adopted a resolution designating the Commission a municipal power agency pursuant to Minnesota Statutes, Chapter 453, and the Commission by a resolution adopted October 7, 1986, as amended by a resolution adopted November 3, 1986, has determined to proceed to exercise any and all powers granted to a municipal power agency pursuant to the provisions of Minnesota Statutes, Chapter 453. 1.02. Authorization of Bonds. It is necessary and expedient for the City to issue at this time its Public Utility Revenue Bonds, Series 1993 in the principal amount of $14,075,000 (the 'Bonds "), upon the terms and conditions hereinafter set forth, to finance the cost of improvements to the electric system. It is in the best interest of the City and Commission that the Bonds be payable primarily from the net revenues of the electric system and natural gas system of the City operated and managed by the Commission. The City has retained Ehlers and Associates, Inc. to act as financial advisor to the City in connection with the issuance and sale of the Bonds, and has determined to sell the Bonds without meeting the requirements as to public sale under Minnesota Statutes, Section 475.60, Subdivision 1, paragraph (9). 1.03. Sale of Bonds. The City has received sealed bids for the purchase • of the Bonds. The bids have been opened and publicly read and considered, and the u purchase price, interest rates and true interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of and associates (the "Purchaser "), to purchase the Bonds at a price of $ plus accrued interest from the date of the Bonds to the date of delivery thereof, the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks or deposits of the unsuccessful bidders for the Bonds shall be returned forthwith. 1.04. Performance of Requirements. All acts, conditions and things which are 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 valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- UNITED STATES OF AMERICA • STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON PUBLIC UTILITY REVENUE BOND SERIES 1993 No. _ $ Date of Rate Maturity Original Issue CUSIP June 30, 1993 REGISTERED SEE REVERSE OWNER FOR CERTAIN DEFINITIONS PRINCIPAL AMOUNT DOLLARS THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), a acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 1993, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Hutchinson, Minnesota, as Registrar, Transfer Agent and Paying Agent (the 'Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of City, or the Registrar if a successor to the City Finance Director as Registrar has been designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $14,075,000 (the 'Bonds "), issued pursuant to a resolution adopted by the City Council on June 8, 1993 (the 'Resolution ") to finance the costs of various -3- 0 • improvements to the electric generation and distribution system of the City which is operated and managed by the Hutchinson Utilities Commission. The Bonds are issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including the City Charter and Minnesota Statutes, Chapter 475. The Bonds are payable exclusively from net revenues of the City's electric system and natural gas system which have been pledged and appropriated to the payment thereof and do not constitute a debt of the City within the meaning of any charter, constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the City are not pledged to the payment of the Bonds. In the event of any default hereunder, the holder of this Bond may exercise any of the rights and privileges granted by the laws of the State of Minnesota subject to the provisions of the Resolution. Additional revenue bonds may be issued on a parity of lien upon the net revenues of the electric system and natural gas system with the Bonds as provided in the Resolution. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 1994 through 2001 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2002 through 2005 are each subject to redemption and prepayment, at the option of the City in whole or in part, and if in part, in inverse order of maturities and in $5,000 principal amounts selected by lot, within • any maturity, on December 1, 2001 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will • -4- cause a new Bond or Bonds to be issued in the name of the transferee or registered • owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED 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 special obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof, the City has covenanted and agreed to establish and maintain charges, fees and rentals for all service, products and benefits of whatsoever nature furnished and made available by the electric system and natural gas system to all individuals, firms, corporations and governmental subdivisions and agencies, including the City itself, in accordance with schedules such that the gross revenues therefrom will at all times be sufficient to meet all payments of current costs of operation, administration and maintenance of said systems and to maintain a reasonable working capital and reserves for recurring expenses, and from the net revenues in excess of these requirements, to transfer each month to the Sinking and Interest Account in the Public Utilities Fund a sum not less than one - twelfth of the aggregate amount of principal to become due within the twelve months next following, and not less than one -sixth of the aggregate amount of interest to become due within the six months next following, on the Bonds of this series and all other obligations payable from the Fund, including any additional obligations hereafter issued by the City and payable on a parity with the Bonds from the Public Utilities Fund and to establish and maintain a balance in the Reserve Account in the Public Utilities Fund for security of such payments in the amount required by the Resolution; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, by one of the authorized representatives of the Registrar. -5- • IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. Dated of Authentication: City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. City Finance Director, • as Bond Registrar • -6- The following abbreviations, when used in the inscription on the face • of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM —as tenants UNIF TRANS MIN ACT..... Custodian ..... in common (Cust) (Minor) TEN ENT —as tenants by the entireties under Uniform Transfers to JT TEN - -as joint tenants Minors with right of survivorship and Act ...................... not as tenants in (State) common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and • transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: d1A NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. • • Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations. Payment, and Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "Public Utility Revenue Bonds, Series 1993." The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on December 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from June 30, 1993 until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 1994 $350,000 % 2000 $1,275,000 % 1995 425,000 2001 1,350,000 1996 1,050,000 2002 1,425,000 1997 1,125,000 2003 1,475,000 1998 1,175,000 2004 1550,000 1999 1,225,000 2005 1,650,000 • The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated as of its date of initial authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1, 1993, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of • any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of the same series and of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of the same series and of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same . until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charts. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. -9- 0 • W Mutilated. Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of the same series and of like amount, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints the City Finance Director, as the initial Registrar. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the • successor Registrar. 3.05. Redemption. The Bonds maturing in the years 1994 through 2001 shall not be subject to redemption prior to maturity, but the Bonds maturing in the years 2002 through 2005 shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on December 1, 2001 and on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City Finance Director shall cause notice of the call for redemption to be mailed to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. 0 -10- In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities Depository Trust Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to the unredeemed portion of the Bond so. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Finance Director and shall be executed on behalf of the City by • the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Finance Director to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Deposit. (a) For purposes of this Section the following terms shall have the following meanings: -11- • • 'Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City and the Registrar to DTC with respect to the Bonds, substantially in the form on file with the City Finance Director. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds of each series. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the • sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other • -12- than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor and City Administrator, in the form on file with the City Finance Director with such changes, omissions, insertions and revisions as the Mayor and City Administrator shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor and City Administrator shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered • owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Administration of the Public Utilities Fund. 4.01. Public Utility System. As used in this resolution the term '"Public Utility System" shall mean and refer to the electric generation and distribution -13- • . system and the natural gas distribution system, referred to in the City Charter and now operated and managed by the Commission. 4.02. Public Utilities Fund. From and after the issuance of the Bonds herein authorized, all of the gross income and revenue derived from the operation of the Public Utility System, and of any future additions thereto and betterments thereof, including all amounts received in respect of sales of utility services, facilities, products or by- products furnished by the Public Utility System to the City and its inhabitants and all other customers, are hereby set aside, appropriated and pledged to the Public Utilities Fund, which shall be maintained as a separate and special fund on the books of the City and the Commission at least until the Bonds and all additional bonds secured by this resolution have been fully paid. The Commission and the City Finance Director shall maintain books and records showing all receipts and disbursements of revenues herein pledged to that Fund and of all other moneys pertaining to the system, on which books and records there shall be maintained the separate subfunds or accounts hereinafter designated in this Section 4. An Account of the type designated in each of the Sections 4.03 through 4.06 shall be maintained in the Public Utilities Fund. 4.03. Capital Improvement Account. The Capital Improvement Account shall be used only to pay expenses which under accepted accounting practice constitute capital costs necessarily incurred for the acquisition and . betterment of the Public Utility System, including but not limited to land, easements, buildings, structures, machinery and equipment, and the cost of all architectural, engineering, legal and other professional services, printing and publication, and other costs reasonably necessary and incidental thereto. To this Account shall be credited all of the proceeds of the Bonds issued hereunder other than proceeds to be credited to the Reserve Account established by Section 4.06, and the proceeds of any additional bonds issued in the future as contemplated by this resolution other than any proceeds to be credited to the Reserve Account established by Section 4.06, for the financing of capital improvements or additions to the Public Utility System, and such other funds as may from time to time be appropriated by the Commission for this purpose. From the balance, if any, remaining in the Capital Improvement Account after the project to be financed by the Bonds is completed and the costs paid there shall be transferred to the Reserve Account the amount required, if any, to bring the balance on hand in such Account to the amount required; and any amount not so transferred shall be transferred to the Sinking and Interest Account established by Section 4.05. 4.04. General Account. To this Account shall be credited, as received, all of the gross revenues received from the operation of the Public Utility System, and all penalties and proceeds of the voluntary sale of any real or personal property comprising part of the Public Utility System. The General Account shall be used only to pay, promptly when due, expenses which under accepted accounting practice -14- constitute current, reasonable and necessary costs of the Public Utility System, . including but not limited to any amounts to be paid to the City, exclusive of depreciation and interest costs, and to maintain in accordance with accepted accounting practice a reasonable working capital and reserves for recurring expenses. The revenues of the Public Utilities System from time to time on hand in the General Account in excess of the foregoing requirements are the net revenues pledged and appropriated, to make the transfers to other subfunds or accounts in the Public Utilities Fund required and contemplated in this Section 4. 4.05. Sinking and Interest Account. From the net revenues of the Public Utility System, there shall be transferred to the Sinking and Interest Account from the General Account each month, a sum not less than one - twelfth of the aggregate amount of principal to become due within the twelve months next following, and not less than one -sixth of the amount of interest to become due within the six months next following, on all then outstanding bonds issued pursuant to and as contemplated by this resolution which have been made payable therefrom, exclusive of interest to be paid from the Capital Improvement Account. This requirement is cumulative, and if the full amount required cannot be transferred in any month, the deficiency shall be restored from the next net revenues available in the General Account. The Sinking and Interest Account shall be used only to pay the interest and principal when due on the bonds issued pursuant to and as contemplated by this resolution. Upon the call of any revenue bonds for redemption in advance of maturity, there shall also be provided in the Sinking and Interest Account, over and above the amounts herein required, from surplus net revenues or the proceeds of refunding revenue bonds, additional funds sufficient to pay the principal amount of the obligations redeemed and the premium required for such redemption. 4.06. Reserve Account. Upon the issuance of the Bonds there shall be credited to the Reserve Account from proceeds of the Bonds an amount equal to the maximum amount of principal and interest to become due on the Bonds during any year. There shall be maintained in the Reserve Account an amount equal to the lesser of (i) 10% of the original principal amount of the Bonds if then outstanding and the original principal amount of any series of additional bonds payable from the sinking and Interest Account on a purity with the Bonds secured by this resolution then outstanding, (ii) the maximum annual amount of principal and interest to become due on the Bonds and all additional bonds secured by this resolution, or (iii) 125% of the average annual amount of principal and interest to become due on the Bonds and all additional bonds secured by this resolution (the "Reserve Requirement'). Such required balance shall be maintained by the transfer to the Reserve Account of net revenues in excess of the requirements of the General Account and Sinking and Interest Account whenever and to the extent necessary, except that when and if the balance required to be maintained is increased, due to the isssuance of additional bonds secured by this resolution, the increase to the new -15- 0 . required balance may be accomplished by the transfer annually of 25% of the amount required in each of the four years following such issuance, and when and if the balance in the Reserve Account is more than required, the excess shall be transferred to the Sinking and Interest Account. The Reserve Account shall be used only to pay interest or principal actually due on the Bonds and any Additional Bonds, when and if and to the extent that such interest or principal cannot be paid in full from the Sinking and Interest Account. If the balance in the Sinking and Interest Account should at any time be insufficient to pay principal and interest then due on the Bonds and any Additional Bonds, and cannot be made sufficient by the transfer of funds from the Reserve Account, the combined balance in said Accounts shall first be used to pay the interest due on all such obligations, and any funds then remaining shall be used to pay the principal of said obligations in order of their maturity dates, or as among obligations maturing on the same date by lot. 4.07. Depreciation and Replacement Account. The Depreciation and Replacement Account may be used to segregate net revenues of the Public Utility System from time to time received in excess of those currently needed for the purposes of the General Account, the Sinking and Interest Account and the Reserve Account, and any balance therein shall be transferred to these Accounts whenever and to the extent needed for such purposes, but when not so needed may be transferred to the Capital Improvement Account and used to make repairs, replacements and improvements of utility properties, or to the Sinking and Interest • Account for the purpose of redemption of obligations in advance of maturity; or may be transferred to any other fund and used for any proper municipal purpose, in accordance with the City Charter. 4.08. Safekeeping; investment. All revenues and bond proceeds appropriated to the Public Utilities Fund shall be kept on deposit with one or more depository banks duly qualified under the laws of the State, with the security therein required, except that such revenues and funds may be invested and reinvested in securities which are authorized by law for the investment of municipal sinking funds. All securities so purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the account from which funds are withdrawn for the purchase, provided that securities purchased for the Sinking and Interest Account shall mature within no more than one year from the date of purchase. All income, gain and loss on such investments shall be credited or charged, as the case may be, to the account from which the investment was made. 0 -16- Section 5. Additional Covenants. 5.01. General Covenant. The City covenants and agrees with the holders from time to time of all obligations payable from the Sinking and Interest Account in the Public Utilities Fund that until such obligations and interest thereon are fully paid or discharged as provided in this resolution, it will fully and promptly perform and do all additional acts and things provided in this Section 5. 5.02. Rate Covenan t. The City will establish and maintain charges, fees and rentals for all service and benefits of whatsoever nature furnished and made available by the Public Utility System to all individuals, firms, corporations and governmental subdivisions and agencies, including the City itself, in accordance with schedules such that the gross revenues derived therefrom will at all times be sufficient to meet all payments due from and to maintain all reserves required in the Public Utilities Fund and the several accounts therein as provided in Section 4, and also to provide adequate funds in the Depreciation and Replacement Account for repairs, replacements and improvements of utility properties, and will revise such rates, charges and rentals whenever necessary for these purposes; and sufficient to produce each year net revenues as defined in Section 4.04 not less than one and four - tenths (1.4) times the amount of all principal and interest to become due and payable from the Sinking and Interest Account in such year. 5.03. Improvements. The City will complete the improvements to the • electric system to be financed with the proceeds of the Bonds, and all additional capital improvements for which revenue bonds may be issued in the future as contemplated in this Resolution, in accordance with plans and specifications approved and to be approved by the Commission and at a total cost not to exceed the amount of the revenue bond proceeds and net revenues of the Public Utility System or other moneys available and appropriated for the payment thereof, under contracts advertised and awarded and secured by surety bonds executed in accordance with the laws of the State. 5.04. Continued Ownershiu. The City and Commission will continue its ownership and operation of the Public Utility System now owned, and will cause it to be maintained in good and efficient operating condition, free from all liens on the revenues or the physical properties thereof, other than the liens herein provided, and will not sell or otherwise dispose of any capital assets of the Public Utility System except at their fair market value, and will use the proceeds of any such sale or disposition to procure other capital assets of equal usefulness for the purposes of the Public Utility System. Except to the extent otherwise required by law, the City will grant no franchise to any competing electric or natural gas utility. 5.05. Book and Records: The City will cause proper and adequate books of record and account to be maintained, reflecting all receipts and disbursements and -17- • all accrued claims and expenses in connection with the operation and maintenance • of Public Utility System and the payment of obligations incurred therefor, and will make such records available for inspection at all reasonable times by the holder of any such obligations or his agent or attorney, and will cause them to be audited annually by a qualified public accountant, and will make the report available for inspection, upon request, by the holder of any such obligations or his agent or attorney. 5.06. Insurance. The City will procure and keep in force at all times insurance on all buildings, structures, improvements, machinery and equipment constituting at any time a part of the Public Utility System, exclusive of foundations and excavations, against the perils covered under "all risk" insurance approved by the Insurance Department of the State of Minnesota, in such amounts as like properties are customarily insured for by prudent owners thereof, and will maintain public liability insurance at all times in amounts not less than the amounts in excess of which the City is immune from tort liability under the laws of the State of Minnesota, for all acts and omissions of its officers and employees concerned with the operation and maintenance of the system, and will procure and keep in force surety company bonds covering all officers and employees handling utility funds, in amounts sufficient to cover at all times the funds in their hands. In the event of loss or damage compensated by any such insurance or bonds, the proceeds thereof shall be used to repair and restore the damage compensated. 5.07. Bondholders' Rights. No holder of any revenue bond issued and secured under the provisions of this resolution shall have the right to institute any proceedings, judicial or otherwise, for the enforcement of the covenants herein contained, without the written concurrence of the holders of not less than 25% in aggregate principal amount of the obligations which are at such time outstanding and payable from the Sinking and Interest Account, but the holders of this amount of such obligations may, either at law or in equity, by suit, action or other proceeding, protect and enforce the rights of all holders of such bonds and compel the performance of any and all of the covenants required herein to be performed by the City and its officers and agents, including fees and rentals and the collection and proper segregation of revenues and the use thereof. The holders of a majority in principal amount of such outstanding obligations shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to such holders or the exercise of any power conferred upon them, and the right to waive a default in the performance of any such covenant, and its consequences, except a default in the payment of the principal of or interest on any such obligation when due. However, nothing herein shall impair the absolute and unconditional right of the holder of each such obligation to receive payment of the principal thereof and interest thereon as such principal and interest respectively become due, from the net revenues pledged and appropriated for the payment thereof, and to institute suit for the enforcement of any such payment. 0 -18- Section 6. Additional Revenue Bonds. 6.01. Subordinate Bonds. No series of additional revenue bonds shall be issued and secured under this Resolution except as provided in this Section 6, and no other obligations of any kind, payable from or constituting a charge upon the net revenues of the Public Utility System shall be issued unless such obligations are made junior and subject to the lien and charge on the net revenues of the revenue bonds secured by this resolution. Any such junior and subordinate shall not be deemed hereunder to be secured by this resolution. 6.02. Refunding Bonds. The City reserves the right to issue one or more additional series of revenue bonds to refund the bonds secured by this resolution at their stated maturity dates, if and to the extent that the balance then on hand or available for transfer to the Sinking and Interest Account is insufficient for their payment. Such refunding revenue bonds shall be payable from the Sinking and Interest Account on a parity with any non - refunded bonds payable therefrom but the maturities of any refunding revenue bonds issued under these circumstances shall be subsequent to the maturity of all other revenue bonds then outstanding. The City reserves the right to issue one or more additional series of revenue bonds to refund the bonds secured by this resolution to refund the bonds secured by this resolution if the maximum amount of principal and interest payable on the bonds secured by this resolution in the then current or any future calendar year is not increased by more than 5 %. Such refunding bonds shall be payable from the Sinking and Interest Account on a parity with any non - refunded bonds payable therefrom. 6.03. Parity Bonds. The City also reserves the right to issue one or more additional series of revenue bonds for the purpose of financing capital improvements and additions to the Public Utility System, or of refunding outstanding obligations secured by the provisions of this resolution in advance of the maturity thereof, which revenue bonds shall be payable from the Sinking and Interest Account on a parity with those issued hereunder and shall be secured by each and all of the covenants and other provisions of this resolution as fully as though such additional revenue bonds were expressly described and authorized herein, provided that. (a) The amount of the net revenues of the Public Utility System during the fiscal year (January 1 to December 31) next preceding the issuance of such additional revenue bonds shall have been not less than one and four - tenths (1.4) times the maximum amount of principal and interest to become due and payable from the Sinking and Interest Account in any subsequent fiscal year • -19- • of the term of the then outstanding bonds payable form said Account, on such outstanding bonds and the bonds to be issued. (b) In the computation of the principal and interest to become due and subsequent to the issuance of any additional revenue bonds, the principal and interest payable on the additional revenue bonds shall be included and that which would have been payable on any obligations refunded thereby shall be excluded; and (c) If the rates, charges and rentals for utility service in effect at the time of issuance of any additional bonds have been changed in any manner since the beginning of the preceding fiscal year, the net revenues for that year, for the purpose of this Section 6.03, shall be deemed to be those which would have been received from such rates, charges and rentals if applied to the quantities of utility services furnished and made available during the year, after deduction of the actual operation and maintenance expenses incurred during the year. Section 7. Defeasance. When any Bond has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed to be outstanding under this Resolution. The City may discharge its . obligations with respect to any Bond thereto which is due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bond according to its terms, by depositing with the paying agent on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities 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 thereon to maturity or said redemption date. Section 8. County Auditor Registration Certification of Proceedings, Investment of Moneys, Arbitrage. and Official Statement and Payment of Costs. 8.01. County Auditor Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County 0 -20- Auditor of McLeod County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the • Bonds have been entered on his bond register as required by law. 8.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 8.03. Tax Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (the "Regulations "), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under the Code and the Regulations. The City will cause to be filed with the Secretary of Treasury an information reporting statement in the form and at the time prescribed • by the Code. The improvements to be financed by the Bonds will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any nongovernmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 8.04. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser thereof a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 8.05. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and -21- 0 • documents and pay such amounts at such times as are required under said Section 148(f) and applicable Treasury Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes. In furtherance of the foregoing, the City Finance Director is hereby authorized and directed to execute a Rebate Certificate setting forth the undertakings of the City to comply with the foregoing requirements, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 0 0 8.06 Official Statement. The Official Statement, dated June 2, 1993, relating to the Bonds prepared and distributed by Ehlers and Associates, Inc., the financial consultant for the City, is hereby approved, and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. Ehlers and Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 350 copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such notes as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 8.07. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City Finance Director is hereby authorized and directed, on the date of issuance and delivery of the Bonds, to receive the Bond proceeds and to pay from such proceeds the fees and expenses of the following persons in the following amounts incurred in connection with the issuance of the Bonds upon receipt by the City Finance Director of a statement therefor: Payee Ehlers and Associates, Inc. Minneapolis, Minnesota Moody's Investors Service, Inc. New York, New York Service Performed Financial Consultant Rating of Bonds Amount The claims of the above persons in the amounts set forth opposite the names of such persons are hereby approved and no further action of this Council shall be -22- necessary in connection with the payment of such fees and expenses of issuance of • the Bonds. Section 9. Defeasance and Redemption of Electric Utility Revenue Bonds of 1986. The City has presently outstanding its Electric Utility Revenue Bond of 1986 dated, as originally issued, as of December 1, 1986 (the 1986 Bonds "). The 1986 Bonds are payable from net revenues of the electric system. Prior to the issuance of the Bonds, the City shall cause the 1986 Bonds to be discharged with funds of the City in accordance with the provisions of the Resolution under which the 1986 Bonds were issued and the applicable provisions of Minnesota Statutes, Section 475.67. The Mayor and City Administrator are authorized to enter into an escrow agreement providing for the discharge of the 1986 Bonds. The 1986 Bonds maturing after December 1, 1993 are called for redemption on December 1, 1993, and the officers of the City are hereby authorized and directed to take all actions necessary to provide for such redemption. Section 10. Amendments. The provisions of this resolution shall constitute a contract betwen the City and the holder or holders of the bonds secured by this resolution, including the Bonds, and no change, variation or alteration of any kind in the provisions of this resolution shall be made in any manner, except as herein provided, until such time as all of the bonds secured by this resolution and interest thereon have been paid in full. However, the holders of 60% in principal amount of the bonds secured by this resolution at any time outstanding shall have the right to consent to, and approve the adoption of resolutions or other proceedings modifying or amending any of the terms or provisions contained in this resolution exceept that without the consent of 100% of the holders of outstanding bonds secured by this resolution this resolution shall not be modified or amended in any manner that may adversely affect the rights of holders of less than all of the bonds secured by this resolution then outstanding or reduce the percentage of the number of holders whose consent is required to effect a further modification. Adopted: June 8, 1993 Attest: City Administrator Mayor -23- 0 • 11 i The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following Members voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -24- r STATE OF MINNESOTA) )ss. COUNTY OF MCLEOD ) COUNTY AUDITOR'S CERTIFICATE • AS TO REGISTRATION OF BONDS - CITY OF HUTCHINSON, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of Hutchinson, in said County, adopted June 8, 1993, fixing the form and details and providing for the execution, delivery and security of $14,075,000 Public Utility Revenue Bonds, Series 1993, of the City, to be dated, as originally issued as of June 30, 1993 of the City, to be dated, as of the date of initial delivery thereof. I further certify that said Bonds have been entered on my bond register as required by Minnesota Statutes, Section 475.61 to 475.63. 1993. WITNESS my hand and official seal this _ day of County Auditor 0 0 0 C� ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARS PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON June 2, 1993 Re: Junker Sanitation vs. City of Hutchinson Our File No. 3244 -92057 Dear Gary: or COUNSEL VI ... AM W. CAMERON RAYMOND C. LALLIER 5851 CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-343 -4345 FAX(612)545 -1790 501 SOUTH FOL 78TH STREET PRINCETON. MINNESOTA 55371 (612)716.9�-221l4 PAX (612) I JUN10,93 :tECr" VED w As you know, the Court has decided the interest issue adverse to the City. However, the insurance carrier, pursuant to our agreement, has agreed to pay one half of the amount in question and the City's share, also one half, will be approximately $35,000. I neglected to raise this issue at the close of the marathon City Council meeting of this past Tuesday evening. I believe Morgan would like to wrap matters up as quickly as he can. I recognize that the Council will need to formallv anorove the $35.000 navment meeting in June which will be June 8, 1993. However, by carbon copy of this correspondence to all Council members, I would ask that anyone who feels that we need to have a closed meeting to discuss this issue is not inclined to go along with the proposed resolution should immediately contact me. Otherwise, I will convey to Morgan the likelihood that the Council will approve payment at the next regularly scheduled City Council meeting. I would ask that you place this matter on the agenda for that purpose. Thank you for your time and attention to these matters. regards. Very truly yours, LD & DOWELL 1 r,�,u e y✓ . Barr Anderson GBA:lm CC All Council Members Morgan Godfrey Best 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE SAN ASSOCIATION —• " I DAVID B. ARNOLD OART D. X�DOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LLURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. ESHER DINA M. BRANDT 0 C� ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARS PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON June 2, 1993 Re: Junker Sanitation vs. City of Hutchinson Our File No. 3244 -92057 Dear Gary: or COUNSEL VI ... AM W. CAMERON RAYMOND C. LALLIER 5851 CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-343 -4345 FAX(612)545 -1790 501 SOUTH FOL 78TH STREET PRINCETON. MINNESOTA 55371 (612)716.9�-221l4 PAX (612) I JUN10,93 :tECr" VED w As you know, the Court has decided the interest issue adverse to the City. However, the insurance carrier, pursuant to our agreement, has agreed to pay one half of the amount in question and the City's share, also one half, will be approximately $35,000. I neglected to raise this issue at the close of the marathon City Council meeting of this past Tuesday evening. I believe Morgan would like to wrap matters up as quickly as he can. I recognize that the Council will need to formallv anorove the $35.000 navment meeting in June which will be June 8, 1993. However, by carbon copy of this correspondence to all Council members, I would ask that anyone who feels that we need to have a closed meeting to discuss this issue is not inclined to go along with the proposed resolution should immediately contact me. Otherwise, I will convey to Morgan the likelihood that the Council will approve payment at the next regularly scheduled City Council meeting. I would ask that you place this matter on the agenda for that purpose. Thank you for your time and attention to these matters. regards. Very truly yours, LD & DOWELL 1 r,�,u e y✓ . Barr Anderson GBA:lm CC All Council Members Morgan Godfrey Best 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE SAN ASSOCIATION —• " I 0 L HUTCHINSON POLICE DEPARTMENT GENERAL ORDERS Subject: Personnel Requiremrts - New Employees Directive: 6233 Date Issued: 03 -01 -92 Date Effective: 03 -01 -92 Supersedes: Number of Pages: 2 G233.01 Purpose This directive is intended to describe the procedures necessary to complete personnel, tax and other required forms or procedures anew employee, full or pan time, will follow when hired by the Hutchinson Police Department. G233.02 Policy Hutchinson police personnel will complete all required personnel forms and other procedures required by law or policy in a timely and orderly manner following employment with the city. G233.03 Procedure Whenever a new employee is hired by the Hutchinson Police Department the following documentation will be completed by the personnel coordinator or in his /her absence the Resource Sergeant. A. City of Hutchinson Requirements - Full Time Employee 1. Signed application form. This must be on file In the personnel Me in city hail In a timely fashion. 2. Physical /psychological exam scheduled through city hall. Final offer of employment contingent on passing of these exams. 3. Receive and sign for personnel policy, review contents. 4. Sign W4,1-9 and child support form. 5. Offer information on deferred compensation plans. 6. PERA membership form and informational booklet 7. Insurance enrollment forms. a. Medical and plan booklet b. Dental G Life d. LTD - long term disability 1 Directive: G233 Date: 03 -01-92 0 8. Optional participation offered in a. PERA Life Ins. (Enrollment form given to employee that they complete and send in B they wish coverage). b. Flex benefit plan for health care and dependent care. C. Direct deposit of paychecks. d. Discount theater tickets. If interested in 'b' or V, we would then give them the necessary enrollment forms. B. City of Hutchinson Requirements - Part Time Employee 1. Signed application form. This must be on file in the personnel file in city hall In a timely fashion. 2. Physical /psychological exam scheduled through city hall - optional. If required it would be at applicants expense. 3. Receive and sign for personnel policy, review contents. 4. Sign W-4, I -9 and child support form. 5. Offer information on deferred compensation plants. 6. PERA membership for and Information booklet If they met eligibility requirements. 7. Flex benefit plan for health care and dependent care - If eligible. 8. Direct deposit of paychecks. 9. Discount theater tickets. If interested in 7 or 8 employee would then be given the necessary enrollment forms. C. Police Department Requirements - Full /Part Time Employee 1. Receive copy and sign for police department policy and procedure manual. 2. Receive copy of Civil Service Rules and Regulations, 3. Complete personal data sheet 4. Complete department Initial uniform issue form pursuant to G211.08. 0 2 0 0 HUTCHINSON POLICE DEPARTMENT GENERAL ORDERS Subject: Participation in Groups. Cammiittees and Boards Directive: 6234 Date Issued: 08 -11 -92 Date Effective: 08 -11 -92 Supersedes: Number of Pages: 1 G234.01 Purpose This directive is intended to establish a prescribed procedure for employees to be approved to function on and represent the police department in groups, committees or boards. G234.02 Policy Police department personnel are encouraged to participate in community groups, committees or boards. This participation must be congruent with the city and /or police department mission or goals and objectives. G234.03 Procedure 1. When an employee is asked to serve on a committee, board or in a group, the employee shall forward a memorandum to the chief requesting to participate. The memorandum shall also contain information relevant to the goals of the organization, meeting times and duration of term the employee has been asked to serve. 2. The chief of police may grant approval If the mission of the group, committee or board is congruent with the police department, the employees expertise is congruent with the organizations mission, the employee has shown motivation to perform tasks, and the time away from the employees shift can be tolerated. 3. The chief of police w01 respond in writing as to whether approval Is granted or denied. 4. If approval Is denied, the employee may elect to serve as a private citizen. However, at no time will the employee represent himself/herself as an employee of the police department, expressly or implied or allow the publication of printed materials with the police department Indicated therein. q--D. HUTCHINSON POLICE DEPARTMENT Subject: Court Directive: P320 Date Issued: 01 -01 -92 Date Effective: 01 -01 -92 Supersedes: 10 -01 -90 Number of Pages: 3 P320.01 Purpose This directive explains an officers responsibilities with and in court as well as scheduling offenders for court P320.02 Policy Officers of the Hutchinson Police Department will maintain a professional relationship with the court system in behavior, appearance and cooperation. It will be the officer's responsibility to attend court to assist in prosecution of all offenders as requested. If an officer is requested to appear on behalf of a defendant or in a civil hearing, a subpoena may be required. P320.03 Scheduling a Court Appearance: When an officer charges an individual for a violation, the officer is responsible to arrange for the individual to appear In court, though court appearances are not always mandatory. 2. For misdemeanor charges, the court date should be scheduled for no less than 14 days hence. An earlier date may be allowed, provided there is adequate time to compile evidence, i.e., chemical tests results. This should be coordinated with the court administrator. S. All felons and misdemaanams who will be incarcerated, excluding warrant.. a.7s-at, longer than forty eight hours after arrest must have a probable cause determination hearing prior to the expiration of the forty eight hours. The 'forty eight hour rule' begins when the arrest is effected. A. The officer In charge shall notify the McLeod County Sheriffs office that the prisoner will be detained longer than 48 hours. B. The officer In charge will ask for the 'on call' county attorney. (Please note: the county attorney's office will assist in all 'probable cause determination hearings'. The city attorney will not be called for misdemeanors.) C. The officer In charge will provide the factual basis for the arrest The 'on call' attorney will then become responsible for notifying the judge and completing the necessary documentation to hold in excess of 48 hours. 0 0 0 Directive: P320 Date: 01 -01-92 4. In the event that no 'on call' attorney can be located, the officer in charge shall: A. Notify a judge, preferably Judge Yost or McCarthy, from the judicial district B. Provide factual basis for arrest. C. Prepare form entitled 'Judicial Determination of Probable Cause to Detain' (found in forms cabinet under number _). This form must be filed with the original report with a copy forwarded to the McLeod County Jail. S. Juvenile violators: A. All petty misdemeanants may be scheduled for court and released to their parent or to a guardian. NOTE: Petty misdemeanor traffic violators may be released at the scene. B. All misdemeanants will be petitioned into Juvenile Court and released to their parent or to a guardian. C. Felons and gross misdemeanants will be brought before a judge or magistrate as soon as possible after the filing of a formal complaint. D. A letter of notification will be sent to the parents or legal guardians of all Juveniles petitioned into court or charged with a violation If a parent or legal guardian was not present at the time of the juvenile's release. P320.04 Pre -trial Negotiations An officer may be appointed as the department's representative to the prosecuting attorney. Thp representative may assist the prosecuting ettomev in any plea - bargaining with a defendant or defense counsel. 2. The arresting officer should be consulted before any plea - bargain is agreed to. 3. The final decision to prosecute or to settle for a plea- bargain lies with the prosecuting attorney. P320.05 Officer's Court Appearances 1. When an officer appears in court he /she must wear a Class A uniform. Investigators may wear a suit or sports coat and de in lieu of a Class A uniform. Officers may wear sports shirt and trousers when signing complaints before a judge. Firearms may be excluded from the uniform at the request of the judge. 2. All officers will appear in court, promptly as requested. Directive: P320 Date: 01 -01-92 0 3. Suggestions for testifying: A. Tell the truth as you remember It. B. Usten to the question, consider it carefully, then give an answer to that question only. C. Do not Insist on volunteering Information. D. If you are not certain of an answer, don't guess. E. If you can't remember, say so. F. Don't try to evade a question. Don't be afraid to admit a damaging fact, if it Is a fact 0 3 0 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 FAX (612) 587 -4096 RESIDENT ATTORNEY G.BARRY ANDERSON May 24, 1993 Re: Eminent Domain - Texas Avenue Our File No. 3244 -93065 Dear Gary: OF COUNSEL WIII'AM N. CAMERON RAYMOND C. LALLIER 5661 CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 600 -343 -4545 PAE(612)545 -1193 501 SOUTH POURTB STREET PRINCETON. MINNESOTA 55371 (612) 369-2214 FAX (612) 369-5506 iv * 16t M.5y�y93 f v w Enclosed please find a copy of a memorandum dated May 10, 1993 from Jim Marka. I would ask that this matter be placed on the agenda for our next regularly scheduled Council meeting mi I am assung that this eminent domain proceeding is of the "quick take" variety and that the City will want to gain possession of the property as soon as possible. In that regard, in addition to the resolution authorizing the Cruick take the City will also need an appraisal of the property involved_ in this transaction. While the appraised value, I am sure, will be relatively minimal, nonetheless we will need the appraisal to determine the amount to be paid into court at the conclusion of the 90 day period. To summarize, the Council will need to approve the resolution authorizing eminent domain proceedings and will also need to authorize retention of an appraiser to determine value. Thank you. Best personal regards. Very tr„u�y yours,/ G. Barry Anderson GBA:lm CC John Rodeberg Jim Marka 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / -JE 1 "CERTIFIED AS A REAL PROPERTY LW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION DAVID B. ARNOLD GARY D.ANDE STEVEN A. . ANDERSON R O. BARRY ANDERSON' STEVEN S. 800E LAURA B. FRETIAND DAVID A. BRUEGOEMANN PAUL D. DOVE " JOSEPH M. PAIEMENT JAMES DTLEY RICHARD O.MCGEE CATHRYN D. RENEE GINA M. BRANDT 0 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 FAX (612) 587 -4096 RESIDENT ATTORNEY G.BARRY ANDERSON May 24, 1993 Re: Eminent Domain - Texas Avenue Our File No. 3244 -93065 Dear Gary: OF COUNSEL WIII'AM N. CAMERON RAYMOND C. LALLIER 5661 CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 600 -343 -4545 PAE(612)545 -1193 501 SOUTH POURTB STREET PRINCETON. MINNESOTA 55371 (612) 369-2214 FAX (612) 369-5506 iv * 16t M.5y�y93 f v w Enclosed please find a copy of a memorandum dated May 10, 1993 from Jim Marka. I would ask that this matter be placed on the agenda for our next regularly scheduled Council meeting mi I am assung that this eminent domain proceeding is of the "quick take" variety and that the City will want to gain possession of the property as soon as possible. In that regard, in addition to the resolution authorizing the Cruick take the City will also need an appraisal of the property involved_ in this transaction. While the appraised value, I am sure, will be relatively minimal, nonetheless we will need the appraisal to determine the amount to be paid into court at the conclusion of the 90 day period. To summarize, the Council will need to approve the resolution authorizing eminent domain proceedings and will also need to authorize retention of an appraiser to determine value. Thank you. Best personal regards. Very tr„u�y yours,/ G. Barry Anderson GBA:lm CC John Rodeberg Jim Marka 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / -JE 1 "CERTIFIED AS A REAL PROPERTY LW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION C M E M O R A N D U M DATE: May 10, 1993 TO: Gina Brandt, Assistant City Attorney FROM: James G. MarkaYYN RE: Eminent Domain - Right of Way on Texas Avenue Attached is a letter from Mr. Thomas Veenker requesting assistance in acquiring right of way for the extention of Texas Avenue to the east. Typically, when the City uses eminent domain, associated fees and purchases are assessed to the benefiting parcels all of which I believe are adjacent to Texas Avenue. JGM /mms cc: Planning Staff John Rodeberg city Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - printed on recycled paper Police Department 10 Franklin Street South (612) 587 -2242 �— /r Adak ALL -METRO DEVELOPMENT CONSULTANTS, P.A. 7441 Jolly Lane Brooklyn Park, MN 55428 May 2, 1993 Jim Marks Building Official City of Hutchinson 37 Washington Ave. West Hutchinson, Mn. 55350 RE: JIM JOHNSON ADDITION Street R/W needed for Texas Ave. Extension Dear Jim: Tele. (612) 425 -6161 FAX (612) 425 -2033 Thomas H. Veenker, President Registered Land Surveyor Associated with: Graydon R. Boeck, Professional Engineer David L. Putnam Professional Engineer On behalf of Jim Johnson I am requesting the City of Hutchinson's assistance in acquiring the needed right -of -way for extending Texas Ave. to the east. This acquisition will allow the City to have the required R/W to extend Texas Ave. Into Jim Johnson's proposed Apartment Complex (JIM JOHNSON ADDITION). I an enclosing the Legal Descriptions for the property needed to be acquired. We appreciate your assistance in this matter. If anything else is needed, please let me know. Sincerely, C> � Z,/)�, � Thomas H. Veenker President ALL -METRO DEVELOPMENT CONSULTANTS, P.A. cc: Jim Johnson encl: 91039 L1,L20L3 '0 ,, LAND SURVEYING • ENGINEERING • CONSTRUCTION STAKING 9�C f ALL -METRO DEVELOPMENT CONSULTANTS, P.A. Tele. (612) 425 -6161 FAX (612) 425 -203 7441 Jolly Lane Thomas H. Veenker, Presiden Brooklyn Park, MN 55428 Registered Land Surveyor Associated with: Graydon R. Boeck. Professional Engineer David L Putnam Professional Fngineer 91039(L1) 4 -12 -93 TV LEGAL DESCRIPTION - TEXAS AVENUE RIGHT -OF -WAY IN LOT 1, BLOCK 1, CASA ADDITION That part of Lot 1, Block 1, CASA ADDITION, as platted and recorded, McLeod County, Minnesota, lying easterly and northerly of the following described line: Commencing at the northeast corner of said Lot 1; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing, 77.97 feet along the north line of said Lot 1 to the point of beginning of the line to be described; thence South 00 degrees 00 minutes 00 seconds East 5.00 feet; thence easterly 57.95 feet on a nontangential curve to the left with a radius of 335.00 feet, a central angle of 09 degrees 54 minutes 42 seconds and a chord bearing of North 85 degrees 02 minutes 39 seconds East and a chord length of 57.88 feet to a point on said north line of Lot 1 and said line there terminating. LAND SURVEYING - ENGINEERING - CONSTRUCTION STAKING 9� • r 0 11 • ALL -METRO DEVELOPMENT CONSULTANTS, P.A. 7441 Jolly lane Brooklyn Park, MN 55428 Tele. (612) 425 -6161 FAX (612) 425 -2033 Thomas H. Veenker, President Registered Land Surveyor Associated with: Graydon R. Boeck. Professional Engineer David L. Putnam Professional Engineer 91039(L2) 4 -12 -93 TV LEGAL DESCRIPTION - TEXAS AVENUE RIGHT -OF -WAY IN LOT 1, BLOCK 1, TWIN OAKS ADDITION That part of Lot 1, Block 1, TWIN OAKS ADDITION, as platted and recorded, McLeod County, Minnesota, lying easterly and southerly of the following described line: Commencing at the southeast corner of said Lot 1; thence North 89 degrees 21 minutes 58 seconds West, assumed bearing, 120.00 feet along the south line of said Lot 1 to the point of beginning of the line to be described; thence North 00 degrees 38 minutes 02 seconds East 5.00 feet; thence easterly 124.53 feet on a nontangential curve to the left with a radius of 265.00 feet, a central angle of 26 degrees 55 minutes 31 seconds and a chord bearing of North 77 degrees 10 minutes 16 seconds East and a chord length of 123.39 feet to a point on the east line of said Lot 1 and said line there terminating. LAND SURVEYING • ENGINEERING • CONSTRUCTION STAKING 9 -E ALL -METRO DEVELOPMENT CONSULTANTS, P.A. 7441 Jolly Lane Brooklyn Park, MN 55428 Tele. (612) 425 -6161 FAX (612) 425 -20331 Thomas H. Veenker, Pres Registered Land Surveyor Associated with: Graydon R. Boeck, Professional Engineer David L. Putnam Professional Engineer 91039(L3) 4 -12 -93 TV LEGAL DESCRIPTION - TEXAS AVENUE RIGHT -OF -WAY IN UNPLATTED AREA EAST OF CASA ADDITION That part of the Northwest Quarter of the Southeast Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, lying easterly of CASA ADDITION, as platted and recorded, McLeod County, Minnesota, lying southerly of TWIN OAKS ADDITION, as platted and recorded, McLeod County, Minnesota, and northerly of the following described line: Beginning at the northeast corner of said CASA ADDITION; thence South 00 degrees 00 minutes 00 seconds East, assumed bearing, 25.80 feet along the east line of said addition; thence easterly T5.81 feet on a nontangentiai curve to the left with a radius of 336.00 feet, a central angle of 12 degrees 57 minutes 56 seconds and a chord bearing of North 70 degrees 03 minutes 30 seconds East and a chord length of 75.65 feet to a point on the south line of said TWIN OAKS ADDITION an said line there terminating. • LAND SURVEYING • ENGINEERING • CONSTRUCTION STAKING �� • ruinrim WNvkLTRNTS,P A. 425 -2033 -MY-10-1993 10.1993 02:42 PM P01 ALL -METRO DEVELOPMENT CONSULTANTS, P.A. ` _... __. 7441 Jolly Lane Brooklyn Pdrk, MN .,5428 FAX TRANSMITTAL COVER SHEET PLEASE DELIVER THE FOLLOWING 3 PAGES TO: NAME: COMPANY: FAX NO. 2 -4 __yam tD DOCUMENT DATE DOCUM &NT DZSCRIPTION -IV7 s COMMENTS: • FAX NO. (612) 425 -2033 Tele, (612) 425 -6161 FAX (612) 425.2033 Thomas H. Veenker, President Registered Land Surveyor Associated Mth- Graydon R. Boeck, Professional Engineer Da,4d I. Putnam Professional Engineer A —M PROD. NO, 91,,7 �� DATE TIME 1 :35' rlys /yifi �. •. Ir ,r / L 1 I.AND SURVEYING • FIVC;tNFFRTn1I^ h CASA ADDITION °11v39 Cc.3) � ( ' , S•lD•97T -. _ — 1 T uast 5 iNF 7W/v Cv9rr ~0/77/0 TEXAS AVENUE 2s.ev �s 1.1 si' I ip3 •14 .r LJ _ �• 1 8= 1 ' �w 1 V Y1 k� •,` g i {{ T !tr.I3 4O"[ 1" I 0o • 1 of eo"� 41 n :t BOCK I loll K IA N , s' 01 4M I'd 01 %E �i ej NNW at e(w • {a,00.w W NW, 03,5 R T6 t `,fir" • �_• • 9 -� 55.00 O ai I ID NORTH LINE OF 9 3A. mw 1/4, SE 1/4, —1294.75- N89*51'200E- 7//— L ; / "0 0 1 —2m.00 130.00 06 TEXAS 5 00 AVENUE 0. 334.54 37.00 AVEN 3 709.54-N89021.58 W- LEASTERLY EXTENSION OF THE CENTERLINE OF THE PUBLIC STREET IN PLAT Of ROLLING OAKS SECOM ADDITION a C K P. 24.81, N4402CWW 149301 cj- 5 -l0. 93 -ry I T—� I . O 55.00 O ai I ID NORTH LINE OF 9 3A. mw 1/4, SE 1/4, —1294.75- N89*51'200E- 7//— L ; / "0 0 1 —2m.00 130.00 06 TEXAS 5 00 AVENUE 0. 334.54 37.00 AVEN 3 709.54-N89021.58 W- LEASTERLY EXTENSION OF THE CENTERLINE OF THE PUBLIC STREET IN PLAT Of ROLLING OAKS SECOM ADDITION a C K P. 24.81, N4402CWW 149301 cj- 5 -l0. 93 -ry I T—� I . CASA ADDITION 9/03,9 6.3) ]Vj tall S . 4 /N F_ 7 w1 Use f iJPomo 7HXAS AVENUE zs.ev c�se�'+Sri, AVA O Sf .d, tcerfsvo_t of 104 ov� l ui T,�ps�oc:•. �. fa. BLOCK dk s W N n t1.00- S00% 1w if %W o+e[i ew c.r .t K�Yt3'40't'� ' —• • _••.• •. if Set %. f -17%, b� a of awvsr +Stw .tiy.001: .y. ,b ap I f , jM3s owl ,, .- •.l nip ,�„ op 9 -E. DAVID H. ARNOLD •OARY D. MCDOWELL STEVEN A. ANDERSON O. BARaT ANDERSON' STEVEN S. BOOR LAURA K. FRETLAND DAVID A. BRUEDOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE TIMOTHY W. r"INSKI MART E. HORROCKS CATHRYN D. REBER April 23, 1992 • 0 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 567 -7575 TAK (612) 587 -4096 RESIDENT ATTORNEY O. HARRY ANDERSON Re: Ordinance - Mainstreet Association Franchise Our File No. 3188 -87031 Dear Gary: or COUNSEL WILLIAM W. CAMERON RAYMOND C.LALLIEa PAUL M. HEOICH CHARLES II. CARMIC HAEL" ]861 CEDAR LAKE ROAD MINNEAPOLIS,MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-343 -4545 FAK(612) 545- 1793 501 SOUTH F URTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 TAK (612)389 -5506 Enclosed herewith please find the proposed ordinance granting a franchise to the Mainstreet Association. Please note the ordinance requires written acceptance by the Mainstreet Association, along with appropriate insurance coverage. 1 have not specified the amounts of insurance coverage and those amounts should be set by resolution of the City Council after consulting with Dennis Potter, the City's insurance adviser. Very truly yours, ARNOLD & Mc OWELL j 'G. Barr Anderson GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION "CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST -BY THE MINNESOTA STATE BAII ASSOCIATION ORDINANCE NO. Q-18, 2ND SERIES • PUBLICATION NO. 4386 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING TO THE MAINSTREET ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE LIBRARY _SQUARE, IDENTIFIED AS THE LIBRARY AND PARK TRACT BETWEEN BLOCKS 7 AND 81 SOUTH ONE HALF OF THE CITY OF HUTCHINSON. THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to the Mainstreet Association, hereafter referred to as Grantee, a franchise to operate and maintain a popcorn wagon for the purpose of concession sales on certain property owned by the City of Hutchinson, described as follows: Section 2. The franchise is granted for a term of three (3) years commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided • for in this grant of franchise has been filed and approved. Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the City of Hutchinson by resolution or otherwise, the policy or policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. • Section 6. Grantee shall not have the right to assign the franchise or otherwise transfer it in any manner whatsoever or 9-F sell, lease, license, mortgage, or permit others to use or transfer in any manner whatsoever any interest in all or any part of its • facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event the Mainstreet Association should cease to exist or the Mainstreet Association should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by the Mainstreet Association. Adopted by the City Council, this 26th day of May , 1992. A,QQ n Attest: Mayor City Ad4infttit4or Published in the Hutchinson Leader on _ June 2. 1992 First reading: May 12. 1992 • Second reading: May 26. 1992 • E • COMMERCIAL LEASE This Lease, made this 1st day of May, 1993, by and between Mainstreet Hutchinson, Inc., (hereinafter called "Lessor ") and Loren Krueger, (hereinafter called "Tenant "). 1. Subject and Purpose. Lessor leases the Popcorn Wagon located in the southwest corner of Library Square in the City of Hutchinson, County of McLeod and State of Minnesota; to Tenant for Tenant's use as a commercial building. Said Popcorn Wagon and the immediate surrounding area on which it is located shall be referred to herein as the "leased premises ". 2. Term. The Lessor leases the above described premises to Tenant for a term of 6 months commencing May 1, 1993, and ending on October 31, 1993. 3. Hours. Tenant shall be consistent with operation hours of the premises during the term of this Lease. Tenant agrees to publicly display said hours of operation on the leased premises at its own expenses. Tenant understands that it is encouraged to operate leased premises to the greatest extent possible. 4. Rent. Tenant shall pay to Lessor a total rental of $1,200 for the lease term, in monthly payments of $200, payable on the first day of each month during the term of this Lease. 5. Improvements. Tenant shall not improve or alter . the leased premises in any manner without the prior written consent of Lessor. All improvements or alterations erected or made on the leased premises shall, on expiration or sooner 9.F Pago z termination of this Lease, belong to the Lessor without compensation to Tenant. Provided, that Lessor shall have the • option to require Tenant to remove any improvements or alterations not authorized by Lessor in writing at the termination of this Lease. 6. Repairs and Expenses. Tenant shall keep the leased premises, at its own cost and expense, at all times during the term of this Lease, in good repair and in a safe and clean condition and shall remove all garbage and refuse. Tenant shall use all reasonable precautions to prevent waste, damage or injury to the leased premises and agrees that it will comply with all lawful requirements of the local health board, police and fire departments, and municipal authorities, and laws of the United States or of the State of Minnesota. Tenant shall be responsible • for all repairs, at its own expense, including structural repairs and repair or replacement of fixtures. Lessor shall have no expense in connection with the leased premises except for payment of insurance as provided in section 8 below. Tenant shall not use or permit anything upon the leased premises that will increase the rate of insurance thereon. 7. Utilities. Tenant agrees to pay all charges against the leased premises for electricity furnished to the leased premises during the term of the Lease. 8. insurance. Lessor may keep the building on the leased premises insured against fire and such other risks usually • covered by so- called extended coverage insurance. Tenant, at its page ! expense shall, during the term of the Lease, keep its property • kept on the premises insured against fire and such other risks usually covered by so- called extended coverage insurance and shall carry liability insurance insuring against accident on the premises in at least the following amounts: $100,000.00 per person and $300,000.00 per accident. Tenant shall make no claim against Lessor for any loss of property by theft, burglary, or any casualty. 9. Destruction of Premises. It is further agreed between the Lessor and the Tenant that if, during the term of this lease, the leased premises or the improvements thereon shall be injured or destroyed by fire or the elements, or through any other cause, so as to render the leased premises unfit for • occupancy, or make it impossible to conduct the business of the Tenant thereon, or to such an extent that they cannot be repaired with reasonable diligence within sixty (60) days from the happening of such injury, then the Lessor may terminate this Lease and the term herein demised from the date of such damage or destruction, and the Tenant shall immediately surrender the leased premises and all interest therein to the Lessor, and the Tenant shall pay rent only to the time of such surrender; and in case of any such destruction or injury, the Lessor may re -enter and repossess the leased premises discharged of this lease, and may dispossess all parties then in possession thereof. But if the leased premises can be restored within sixty (60) days from the happening of the injury thereto, and the Lessor within fifteen (15) days from the occurrence of such injury elects in writing to so repair or restore said premises within sixty (60) Pago 4 days from the happening of the injury thereto, then this lease shall not end or terminate on account of such injury by fire or otherwise. The rent shall not run or accrue after the injury and during the process of repairs. However, during such time the Tenant shall pay a pro rata portion of such rent apportioned to the portion of the leased premises, if any, which are in condition for occupancy or which may be actually occupied during such repairing period. If, however, the leased premises shall be so slightly injured by any cause aforesaid, as not to be rendered unfit for occupancy, then the Lessor shall repair the same with reasonable promptness, and in that case the rent shall not cease or be abated during such repair period. All improvements or betterments placed by Tenant on the leased premises shall, however, in any event, be repaired and replaced by the Tenant at his own expense and not at the expense of the Lessor. 10. Waiver of Subrocation. Each party hereby waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance, subject to the limitation that this waiver shall apply only when permitted by the applicable policy of insurance. 11. Default by Tenant. Each of the following events shall constitute a default or breach of this Lease by Tenant: a. If Tenant, or any successor or assignee of Tenant while in possession, shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or involuntary proceedings under any bankruptcy law or insolvency act shall be instituted against Tenant, or if a receiver or trustee shall be appointed of all or • • r-I Li page s substantially all of the property of the Tenant, • or the Tenant shall make an assignment for the benefit of creditors; b. If Tenant shall fail to perform or comply with any of the conditions of this Lease and such non - performance shall continue for a period of ten (10) days after notice thereof by Lessor to Tenant; C. If Tenant shall vacate or abandon the leased premises; or d. If this Lease or the estate of Tenant hereunder shall be transferred to or shall pass to any other party, except in the manner herein specifically permitted. In the event of any such default hereunder, the Lessor shall have the right to cancel and terminate this Lease by giving to Tenant at least ten (10) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this • Lease and all right, title and interest of Tenant hereunder shall terminate in the same manner and with the same force and effect, except as to Tenant's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. Lessor shall have no obligation to pay any sums to Tenant for reimbursement for improvements or any other reason in the event of termination of the Lease pursuant to this Section 11. 12. Liability of Lessor. Tenant shall be in exclusive control and possession of the leased premises except as is otherwise specifically provided in Section 13 below, and Lessor shall not be liable for any - injury or damages to any property or to any person on or about the leased premises, nor for any injury or damage to any property of Tenant. Tenant shall indemnify and hold harmless Lessor from all costs, damages, loss and page s liabilities of every kind and character which may be claimed, asserted or changed, and will preserve and keep said leased • premises free and clear from all liens for labor and materials furnished. 13. Right of Entry. Lessor or his designated agents shall at all times have the right to enter upon said leased premises to inspect their condition under normal circumstances during working hours and in the presence of the Tenant or Tenant's employees. Lessor, at his option, shall have the right to make reasonable and necessary repairs to the leased premises for the protection and preservation thereof, but nothing herein shall be constituted to require Lessor to make any such repairs and Lessor shall not be liable to Tenant, or any other person or persons, for failure or delay in making said repairs, or for • damage or injury to person or property caused by making such repairs. In the event Lessor elects to make any such repairs, Tenant shall immediately upon demand from Lessor reimburse Lessor for the full cost of such repairs. 14. Governing Law. This Lease shall be subject to and governed by the laws of the State of Minnesota and all questions concerning the meaning and interpretation of the terms of this Lease and concerning the validity hereof and performance hereunder shall be adjudged and resolved in accordance with the laws of said State. 15. Amendment. This Lease shall not be deemed or construed to have been modified, amended, rescinded, cancelled, page 7 or waived in full or in part, except by written instrument signed . by Lessor and Tenant. 16. Entire Agreement. This Lease constitutes and expresses the entire agreement and understanding between the parties hereto in reference to all of the matters herein referred to, all previous discussions, promises, representations, understandings, or agreements relative thereto, whether oral or in writing, if any, between the parties hereto, being herein merged. 17. Waivers. The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that Lessor • may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any of the terms and conditions hereof. 18. Assignment. Tenant shall not assign its rights, title or interest under this Lease without the express written consent of Lessor. This Lease shall be binding upon and inures to the benefit of the Lessor, his successors and assigns and to the Tenant and any successors or assigns. 19. Invalidity. The invalidity or unenforceability of any particular provision of this Lease shall not affect the other provisions hereof and this Lease shall be construed in all respects as if such invalid or unenforceable provision were omitted. page 8 20. Renewal Option. If the terms of this Lease are carried out to the satisfaction of the Lessor, then the Tenant • shall have the right to match the highest rental offer received by the Lessor for the 1994 season and to renew its Lease for that season at that rental amount. LESSOR: TENANT: Hutchinson, Inc. T. urich, Its President 'Loren Krueger STATE OF MINNESOTA) )ss COUNTY OF MCLEOD ) On this day of MAV� , 1993, before me, a Notary Public within and for said Cou1nty and State, personally appeared T.A. Burich, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. r •., CONNIE M. LAMBERT L ! NOTARY PUBLIC - MINNESOTA 1 MCLEOD COUNTY Notary public My Commission Expires um. 22. 1995 STATE OF MINNESOTA) )ss COUNTY OF MCLEOD ) On this Jmf day of , 1993, before me, a Notary Public within and for saia County and State, personally appeared Loren Krueger, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. JOLEENR.RUNKE(L ^ h (-l1 NOTARY PUBLIO0"UNESOTA !UI Notary Public IIr MCSmeMWeEI�Yr Meats tR Nwwuw�www , of Minnesota Cities 34901.exington Avenue North St. Paul, MN 55126 (612) 490 -5600 Action Alert Contact: Ann Higgins (612) 490 -5600 Contact coneressional delegation to oppose unwarranted protection of rural electric service territories Action taken on May 13 by the House Agricultural Committee would provide unprecedented protection for rural electric cooperative (REC) service territories in annexed areas. The provision was added at the last minute and without benefit of hearings to the U. S. Department of Agriculture budget reconciliation (deficit reduction) package. Cities with municipal utilities or with other interest in this issue should urge members of the Minnesota Congressional Delegation to oppose inclusion of this provision in the budget reconciliation package or any other congressional action. It is particularly important to contact Senators Dave Durenberger and Paul Wellston and urge them to prevent these provisions from being passed in the Senate. Representatives Dave Minge, Tim Penny and Collin Peterson are also important because they are members of the House Agriculture Committee. Background • The federal provision would protect RECs with outstanding federal loans service territory in annexed areas as a result of a city's exercise of emir o barred from condemning acilities or territory in annexed areas, authority to do so or state law provid g or compensation to the REC. Minas permits cities to extend utility service to annexed areas. The federal provision would benefit RECs that want to capture future urban ratepayers as cities grow. However cities argue that extending such preferential treatment to RECs on the basis of federal loan obligations is an unwarranted intrusion into state and local affairs, and sets an ill - advised precedent. In practice, this protection of REC service territories could have serious fiscal impacts on cities and city owned utilities. It would also give RECs a lock on annexed territory within cities that municipal utilities might be able to serve at lower cost to the consumer. Businesses and residents in these areas of the city would not be served on an equal basis compared to other city residents. City residents already pay federal taxes that go to subsidize REC operations, and providing this additional advantage to RECs at the potential expense of municipal utilities and their customers would be unfair. The League is working with the Minnesota Municipal Utilities Association, and the cities of . Rochester, St. Cloud and Moorhead have been especially active on this issue. Other cities should also contact the Minnesota Congressional Delegation. May 28, 1993 9 G is RESOLUTION NO. 9965 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 286 LETTING NO.6 PROJECT NO. 93 -09, 93 -11, 93 -12, 93 -13 WHEREAS, cost has been determined for the improvement of: Project No. 93 -09 Wagner Development Corporation Plats 1 & 2, Stillings -Hoeft Addition & School District Plat by the construction of bituminous wear course and appurtenances; Project No. 93 -11 North Oak Ridge storm sewer, bituminous wear course and appurtenances; Project No. 93 -12 Blocks 3,4,5 & 6, Plaza Heights by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 93 -13 Mac's Bluff by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and the bid price for such improvement is $144,211.61 and the expenses incurred or to be incurred in the making of such improvement amount to $34,610.78, so that the total cost of the improvement will be $178,822.39. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $17,001.53, and the portion of the cost to be assessed against benefitted property owners is declared to be $161,820.86. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1993, and shall bear interest at the rate of percent (+ or -) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 8th day of June, 1993. City Administrator Mayor /o � 1}, RESOLUTION NO. 9966 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 286 LETTING NO. 6 PROJECT NO. 93 -09, 93 -11, 93 -12, 93 -13 WHEREAS, by a resolution passed by the Council on the 8th day of June, 1993, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 93 -09 Wagner Development Corporation Plats 1 & 2, Stillings -Hoeft Addition & School District Plat by the construction of bituminous wear course and appurtenances; Project No. 93 -11 North Oak Ridge storm sewer, bituminous wear course and appurtenances; Project No. 93 -12 Blocks 3,4,5 & 6, Plaza Heights by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 93 -13 Mac's Bluff by construction of grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA: 0 1. A hearing shall be held on the 22nd day of June, 1993, in the Council Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by October 1st, 1993. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 8th day of June, 1993. r1 LJ Mayor City Administrator /Q--A' i' OPEN -HOLD COUNCIL REPORT TUE, JUN 8, 1993, 10:30 AM ------------------------------------------------------ • 1980 TIDS OLSONS LOCKSMITH RE- KEYING LOCKS $901.99 $901.99* 1984 IMPRO.BDS FIRST TRUST ADM.FEES & EXPENSES $573.75 $573.75* 1986 IMPRO.RDS AM.NATIONAL BANK PAYING AGENT FEES $260.61 • 5237.07* $260.61* 1992 IMPRO.BOS BOYER TRUCK PARTS DISC PAD DUININCK BROS, INC. PROD 92 -02 & 09 EST. #7 $15,925.19 JUUL CONTRACTING CO PROJ.92 -10 EST. #3 $25,674.60 R.P.UTILITIES PROD 92 -07 EST #7 $7,289.16 $432.09 COAST TO COAST SUPPLIES $48,888.95* 1993 IMPRO.CON B LABELS $50.S3 DYSON OIL INC R.P.UTILITIES PROJ 93-14 EST #1 $88,938.62 588,938.62* AM.NATIONAL BANK PAYING AGENT FEES $237.07 • 5237.07* CENTRAL GARAGE BOYER TRUCK PARTS DISC PAD $199.58 BRANDON TIRE CO INSTALL 0 RING $206.43 CARQUEST AUTO PARTS FILTERS $535.56 CHAMPION AUTO MISC SUPPLIES $54.56 CITY OF HUTCHINSON JUNE MEDICAL $432.09 COAST TO COAST SUPPLIES $S.46 CROW RIVER PRESS INC LABELS $50.S3 DYSON OIL INC DY -100 $176.40 FORTIS BENEFITS JUNE LTD INS $15.23 6 & K SERVICES UNIFORMS $72.86 HUTCHINSON WHOLESALE BULBS, LUBRIGEAR, ETC $280.36 INK SPOTS 500 PRINTED SHEETS $72.28 JERRYS TRANSMISSION REPAIR $2,078.36 L & P SUPPLY CO JO TRACTOR W/ ATTACHMENTS $22,783.32 MEIER, DOUG MILEAGE $40.27 MN.MUTUAL LIFE JUNE LIFE $6.09 MTI OIST.CO 72" GUARDIAN RECYCLER $3,673.90 PLOWMANS REPAIR SQUAD CAR $1,542.02 POSTAGE BY PHONE MAY POSTAGE $7.54 SCHMELING OIL CO 1000 FLUID $157.83 SHOUTZ, MARK 4 USED HUBS $100.00 SORENSEN FARM SUPPLY CAPS $5.88 TOWN & COUNTRY TIRE REPAIR EXHAUST $37.22 • WACKER IMPLEMENT SWITCH $36.73 WIGEN CHEVROLET CO REPLACE STARTER ASSBLY $245.30 $32,815.80* page 1 i OPEN -HOLD COUNCIL REPORT TUE, JUN 8, 1993, 10.30 AM -------------------------------------------------------------------- GENERAL FUND ALEXIS BAILLY VINEYARD 92 ADMISSIONS $184.00 ALLEN OFFICE PROD TUBES OF LEAD $1.28 AM RISK SERVICES JUNE PROF SERVICES $800.00 ARCHER, KURT COACHING 80 HOURS $375.00 ARNOLD & MCDOWELL MAY SERVICES $3,233.00 ASSC OF TRAINING OFFICERS REGISTRATIONS $90.00 AUTOMATIC GARAGE DOOR SERVICE 7 OVERHEAD DOORS $940.80 BADGE- A -MINIT 500 BADGE PARTS $78.29 BAILEY NURSERIES TREES $3,325.23 BCA /TRAINING & DEVELOPMEN TR6 REG- S.MOGARD $90.00 BEACON SPORTS PRODUCTS IN 2 RAKES $82.33 BENNETT OFFICE SUP. TONER $141.39 BIG BEAR FIBERGLASS LADDER $95.08 BINSFELD, MATT LEAGUE FEE REFUND $65.00 BLECK, PAUL CO -REC SOFTBALL REFUND $25.00 BRADFORD- PROCHNOW & NEWMA GRIEVANCE SERVICES $510.10 BRINKMAN STUDIO PHOTOS $24.06 C.RIVER VET CLINIC BRO & EUTH SERVICES $197.70 CAMERA SHOP PHOTOS $25.62 CARR FLOWERS 32 BOUTS $34.95 CASH WISE COOKIES $223.74 CELLULAR 2000 MAY SERVICES $163.66 CENTRAL GARAGE APRIL REPAIRS $9,887.61 CHAMBER OF COMMERCE TASK FORCE LUNCH- D.MOON $476.00 •CHAMPION AUTO CHARLES BAILEY & CO ACCESS PLUG PROF SERVICES $1.37 $5,000.00 CHRISTENSEN REPAIR SAW IRON $3.00 CITY OF HUTCHINSON JUNE MEDICAL $28,994.58 COAST TO COAST SUPPLIES $643.95 COMM TRANSPORTATION HANGAR LOAN PAYMENT $700.00 COUNTY RECORDER MISC. PHOTOCOPIES $2.00 COUNTY TREASURER PARCEL CHANGES $3.15 COX, MICHELLE SOCCER COACH $214.5@ CROW RIVER ARTS GRANT FUNDS $5,000.00 CROW RIVER PRESS INC LABELS $310.42 CTN /WORLD TRAVEL CAR FOR TRANSPORT CANINE $122.00 CULLIGAN WATER COND JUNE SERVICE $16.50 CURTIS INDUSTRIES 2S56N GL BLACK $38.94 DEPT NATURAL RESOURCES TITLE REG FEES $445.00 DEPT OF PUBLIC SAFETY -OIS MEMOREX WORKSTATION $270.00 DOBRATZ, CHRIS MILEAGE $70.20 FAMILY REXALL DRUG TAPE, ASPIRIN $88.88 FARM & HOME DIST, CO DUCT TAPE,BRUSH, ETC $212.41 FELEPE, RAY ENERGY TREE REFUND $5.00 FESTIVAL FOODS GROCERIES $141.02 FIRE INSTRUCTORS ASSN OF SUPPLIES $266.14 FITZLOFF HARDWARE RAKE, LOCK, ETC $490.20 FLOOR CARE SUPPLY TISSUE, TOWELS, CLEANERS, $872.02 FORTIS BENEFITS JUNE LTD $1,106.00 6 & K SERVICES UNIFORMS $835.56 •GAFFANEY'S FLORAL PLANT- KAORMAS $25.92 GALL'S INC RAIN SUITS $936.82 GLENCOE UNIFORMS BATONS, CASCO $1,025.47 GLOBAL OCCUP SAFETY BELT W /SUSPENDER $75.38 page 2 • • • OPEN -HOLD COUNCIL REPORT ------------------------- GOV FINANCE OFFICERS ASSC GRAY, JEAN GREENBRIAR FLORAL GUARDIAN PEST CTL HAGER JEWELRY HENRYS FOODS INC HUTCH CAFE HUTCH COMM HOSPITAL HUTCH FIRE & SAFETY HUTCH IRON & METAL HUTCH PLBG & HTG CO HUTCHINSON LEADER HUTCHINSON TEL CO HUTCHINSON UTILITIES HUTCHINSON WHOLESALE INK SPOTS JERABEK MACHINE SERV JILL GANZ & JOHNSON, KAY K MART KENNEBECK, ROBERT KIRCHOFF, RONALD L & P SUPPLY CO LAW ENFORCE EQUIP LETN LINDEN, JEFF M.C.M.T. INC MACO MARCO BUS.PRODUCTS MARKS TV MARY SHANAHAN & MCGARVEY COFFEE INC MCKIMM MILK TRANSIT INC MCLEOD CTY EMERGENCY SERV MILLERBERNO, DAVID MN CHIEFS POLICE ASN MN DEPT OF REVENUE MN SPORTS FEDERATION MN VALLEY FOREST PRODUCTS MN. MICROGRAPHICS MN.ELEVATOR INC MN.MUTUAL LIFE MN.STATE ARMORY BLOG.COMM MODERN MAZDA MPCA NATIONAL AUTOMOBILE DEALE NO STATES SUPPLY INC NORTH STAR TURF INC ONE CALL CONCEPTS INC. PETE'S SURPLUS PLANTS BEAUTIFUL NURSERY PLOTZ, GARY D. PLUMBING & HTG DOCTOR POFF, JUDY POSTAGE BY PHONE PRO AUTO CLEAN TUE, JUN 8, 1993, 10:30 AM MEMBERSHIP- K.MERRILL MILEAGE ARRNGEMENT- P.MOON MAY SERVICE NAME PLATE- A.BRANDT TOWELS FOOD CHARGES FLEX CLAIMS PROCESSED 199 HYDRO RECHARGE TUBING CLOSET BOWL COVER ADV= CIRCUS & ARENA JUNE PHONE GAS & ELEC MUFFLER POOL PASSES CUT IRON INTERIOR CARPENTRY PAYT 4 SUPPLIES PURCHASED FILM MAY SERVICES LODGING FOR CONFERENCE HOUSING, SPRING CLUTCH BACKS JUNE SERVICE CO -REC VOLLEYBALL REFUND MONTHLY FEE MACO MEMBERSHIP CLEANING PADS CASSETTE LID WINDOWS COFFEE 200 PIECES & DEMURRAGE CONTROL HEAD PARTS GAS KEY REFUND PERMITS MAY SALES TAX SOFTBALLS CHIPS 17 OZ PINK & WHITE ELEVATOR SERVICE JUNE LIFE ARMORY PAYMENT TOW 3 VEHICLES WNN NPDES ANNUAL FEE ANNUAL SUBSCRIPTION GR3O PROOF COIL TURF MIXTURE MAINT.AGREEMENT SLEEPING BAG, PACK TREES SNACK EXPENSE A/C REPAIR CO -REC VOLLEYBALL REFUND MAY POSTAGE CLEAN INTERIOR $100.00 $160.76 $20.95 $21.57 $8.00 $1,195.95 $77.75 $188.00 $200.44 $21.04 $40.90 $230.34 $4,031.62 $2,725.38 $37.83 $185.14 $8.00 $2,138.50 $5.58 $47.79 $833.33 $138.13 $124.47 $13.30 $288.00 $25.00 $21.85 $128.75 $37.28 $39.20 $2,497.50 $82.35 $250.00 $95.00 $50.00 $17.36 $9G.61 $4,412.57 $1,357.88 $177.51 $61.00 $458.22 $7,000.00 $150.00 $540.00 $43.00 $284.23 $108.50 $225.00 $114.95 $12,217.00 $7.58 $165.50 $25.00 $794.75 $110.00 page 3 • u OPEN -HOLD COUNCIL REPORT QUADS ELECTRIC RANDY'S TREE SERVICE REMILY, DARREL RODEBERG, JOHN SCHMALZ, CAROL SCHMELING, BRENT SCHWARTZ, NANCY SEWING BASKET SHOPKO SHOUTZ, MARK SIGARMS INC SIMONSON LUMBER CO SIOUX VALLEY ASPHALT SORENSEN FARM SUPPLY STANDARD PRINTING STAR CABLEVISION STATE TREASURER STEAMBOAT INN SWEETMAN, MARY TEMPLETON INC TREE PRO TRI CO WATER COND TRIARCO TWO WAY COMM INC U S POSTMASTER UNITED BLDG CENTERS USI INC VIEYRA,REBECCA WAL -MART WARNING LITES OF MN WILLMAR TECHNICAL COLLEGE WILSONS NORTH WEST NURSER WORD OF LIFE OUTREACH CEN XEROX CORP INSURANCE FUNDS AMERICAN HEART ASSC LIBRARY FUND DS AM.NATIONAL BANK RURAL F. D. BEST TIRE DEAL BIG BEAR COAST TO COAST HUTCH IRON & METAL HUTCHINSON WHOLESALE TOWN & COUNTRY TIRE TUE, JUN 8, 1993, 10:30 AM BULBS i CORD SPLIT FIREWOOD BASEBALL REFUND MEETING EXPENSES SOCCER COACH 22 HOURS LEAGUE FEE REFUND SUPPLIES PURCHASED EMBLEMS, BADGES VHS TAPES TRIP TO FLORIDA FOR DOG TUITION, MANUAL- ERLANDSON MASONITE MC WINTER MIX SCAFOLD RENT BINDERS JUNE SERVICE LICENSE RENEWAL 92 LUNCH RESERVATIONS -SR. SWIM LESSONS REFUND MAY EMPLOYER CONTRIB STAKES SALT COLORED PAPER - CRAYONS ETC MBL 2700, BRACKET, ETC POSTAGE FOR CABLE TV SURV 1/2X4 "X10' EXP.JOINT LP2 5ML SCOREBOARD OPERATOR CHARGER 8' TYPE III BOARDS REGISTRATIONS i RIVER BIRCH TREE SHELTER REFUNDS 5052 CONTRACT PAYMENT 2 ADDL COORDINATORS PAYING AGENT FEES TIRES PINS NUTS & BOLTS ANGLE CLAMP PIPE $16.83 $140.00 $16.00 $86.77 $132.00 $65.00 $42.55 $146.95 $19.14 $271.80 $180.00 $15.44 $231.85 $172.35 $37.14 $4.08 $15.00 $731.40 $20.00 $210.09 $232.00 $175.87 $97.98 $129.70 $500.00 $170.28 $39.03 $182.75 $23.39 $83.46 $160.00 $105.44 $30.00 $328.80 $118,236.72■ $20.00 $20.00+ $226.16 $226. 16 $234.00 $4.45 $7.34 $1.74 $1.90 $5.00 $2S4.43* page 4 OPEN -HOLD COUNCIL REPORT WATER, /SEWER. FUND AAGARD WEST is AM.PAYMENT CENTERS AMI ROTO ROOTER BIG BEAR BREMIX CONCRETE CO CARQUEST AUTO PARTS CBI NA -CON INC CENTRAL GARAGE CITY OF HUTCHINSON COAST TO COAST CURTIN SCIENTIFIC CO O.P.C.IND.INC DATA -CAL CORP DEPT OF COMMERCE FARM & HOME DIST. CO FITZLOFF HARDWARE FORTIS BENEFITS G & K SERVICES HACH COMPANY HAMILTON CASTER & MFG CO. HAUER, KIM HCI CONNECTING POINT HENKE, SCOTT HOLZ. WARD HUTC14INSON TEL CO HUTCHINSON UTILITIES •HUTCHINSON WHOLESALE. ISCO INC JOHN HENRY FOSTER MINNESO JOHNSON MACHINING JONES & ATTWOOD INC L & P SUPPLY CO LAKELAND MN DEPT OF REVENUE MN VALLEY TESTING LAB MN.MUTUAL LIFE MPCA MWOA NCL NORTHERN WATER WORKS SUPP OCCUPATIONAL SAFETY INC POSTAGE BY PHONE PRECISION INDUSTRIES QUADE ELECTRIC RUST ENVIRONMENT SCHMELING OIL CO SERCO LABORATORIES SERV -O -CAL SORENSEN FARM SUPPLY STANDARD PRINTING STATE TREASURER TRANSPORT CLEARINGS TRI CO WATER CONO U S POSTMASTER VIKING COCA COLA WATER ENVIRONMENT FED WATERPRO TUE, JUN B, 1993, 10:30 AM MAY RECYCLING 3 MOS RENT VAC TRUCK SHRUBS 4000 PSI MIX FILTERS APPL 41 APRIL REPAIRS JUNE MEDICAL INS SUPPLIES PUMP SULFUR DIOXIDE CHARTS & GRAPHS SUPPLIES LAWN SEED, SPRAYER, SLEDC PVC & FITTINGS JUNE .LTD INS UNIFORMS CHLORINE, DPD COMPOUND SWIVEL RIG SEWER REFUND LABELS SAFETY BOOTS MEMBERSHIP- M.GRAHAM JUNE PHONE GAS & ELEC RUST PRE, DOJO TUBING CLAMP A5SY AIR COMPRESSOR MACHINE HEX ENO WATER TRAPS BELTS, OIL 2 WAY VALVE MAY SALES TAX COLIFORM JUNE LIFE INS NPOES ANNUAL FEE REG- J.LANZ GLOVES, NITRIC ACID PIPELINE TELEVISING GLOVES, SAFETY GLASSES MAY POSTAGE COUPLING HALF EMT COND, COUPLING, ETC PROF SERVICES ENDING 4 -0- RYKON MV TESTING PENS, CHARTS SHIMS, SPOOL VIEW BINDERS RENEWAL- R.NAGY FREIGHT 4 BAGS SALT POSTAGE WATER BILLS POP FOR COMPOST CLASSES WATER QUALITY CURRICULM P G" METER $21,SGO.29 $65.66 $175.00 $129.67 $410.82 $39.63 $134,425.00 $45.67 $3,402.53 $255.96 $38.05 $519.23 $84.45 $25.08 $140.33 $11.95 $131.76 $286.08 $108.24 $79.32 $409.28 $52.72 $30.00 $24.00 $429.83 $14,287.70 $73.47 $26.63. $277.32 $60.00 $113.99 $188.53 $156.29 $5,005.24 $445.00 $53.34 $2,800.00 $60.00 $319.61 $810.00 $153.37 $134.13 $25.94 $18.00 $428.84 $30.62 $iSO.00 $102.77 $28.12 $16.48 $60.00 $118.02 $19.60 $250.00 $129.00 $104.25 $4,277.81 $193,606.62* page S OPEN -HOLD COUNCIL REPORT TUE, JUN 8, 1993, 10:30 AM ------------------------------------------------------ YOUTH CENTER page 6 FARM & HOME DIST. CO YELLOW PV $15.29 HOTOVEC, MIKE DRY DOCK HOURS $50.00 HUTCHINSON TEL CO PHONE SERVICE $36.37 POSTAGE BY PHONE MAY POSTAGE $.58 $102.24* $485,062.96* Municipal Liquor Store Griggs Cooper & Co. wine & liquor $2991.04 Ed Phillips & Sons wine & liquor 1999.48 JOhnson Bros. Liquor Co. wine & liquor 2407.S7 Quality Wine & Spirits wine & liquor 4228.25 Lenneman Beverages beer 12,943.00 Locher Bros. beer 20,174.15 Triple G Dist. CO. pop 16.00 Triple G; Dist Co. beer 42,364.30 Bernicks Pepsi Cola soft drinks 50.29 Mel Rothstein supplies 43.03 Hermel Wholesale supplies 26.22 • Up & Away Balloons Custom Expessions open house decor window coverings 124.61 1017.00 Paustist& Snhss beer 583.00 City of Hutchinson june employee ins. 1353.86 Friendly Beverages beer 634.20 Jordon Beverages beer 1177.75 $ 92,133.75 page 6 IMMEDIATE PAY COUNCIL REPORT TUE, JUN 8, 1993, 10:29 AM GENERAL FUND DEPT NATURAL RESOURCES TITLE REG FEES ED PHILLIPS & SONS CO. LI19930511 FRIENDLY BEVERAGE CO LI19930SIS GRIGGS COOPER & CO LI1993CS11 JOHNSON BROTHERS LIQUOR C LI19930511 JORDON BEVERAGE INC. LI19930518 LENNEMAN BEVERAGE DIST. I LI19930518 LOCHER BROS INC LI19930518 QUALITY WINE & SPIRITS CO LI19930EII SIOUX VALLEY ASPHALT LI19930602 TRIPLE 6 DISTRIBUTING INC LI19930518 PAYROLL FUND $550.00 $550.00» $9,345.84 $192.30 $10,183.61 $13,597.73 $1,177.75 $9,649.50 $11,736.15 $11,344.89 $583.00 $35,690.35 $103,501.12* page. I • AETNA VARIABLE LIFE ASS. AMERICAN FAMILY INS CO. EMPLOYEE EMPLOYEE CONTRIB CONTRIB 5 -22 5 -22 _$545.00 $139.24 G.T. GROWTH EMPLOYEE CONTRIB 5 -22 $175.00 GLOBAL FUNDS INC EMPLOYEE CONTRIB 5 -22 $318.46 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 5 -22 $110.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 5 -22 $171.86 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 5 -22 $1,419.00 MN DEPT OF REVENUE EMPLOYEE CONTRIB 5 -22 $4,806.41 PERA LIFE INS CO. EMPLOYEE CONTRIB 5 -22 $117.00 PERA- O.C.P. EMPLOYEE CONTRIB 5 -22 $57.42 PRUDENTIAL EMPLOYEE CONTRIB 5 -22 $140.00 PUBLIC EMPLOYEES EMPLOYEE CONTRIB 5 -22 $11,303.99 TEMPLETON INC EMPLOYEE CONTRIB 5 -22 $95.00 WADELL & REED EMPLOYEE CONTRIB 5 -22 $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 5 -22 $23,930.44 $43,478.82* $147,529.94* 0 E Minnesota Pollution Control Agency May 28, 1993 TO INTERESTED PARTIES: FOR YOUR ✓rti� 3 S JUN1993 RECEIVED BY On May 25, 1993, the Minnesota Pollution Control Agency Board voted to approve the Findings of Fact for the Environmental Assessment Worksheet for the proposed McLeod Landfill Inc., Lined Landfill Development, which concluded that the project does not have the potential for significant environmental effects. This decision for a negative declaration concludes the state environmental review process under the revised Environmental Quality Board Rules, Minnesota Rules Parts 4410.0300 - 4410.7800. This project can now proceed to permitting. We want to express our appreciation to those of you who submitted comments on the EAW. Your comments an been incorporated into the Findings of Fact, in drafting permits for the proposed project. Sincerely, PatJ - Paul Hoff, Dir ct r Environmental Analysis Office Administrative Services Division PH:pnk d responses to them have and will assist agency staff Teiephme Device for Deaf CMD): (612) 297 -5353 Prfrwad on recycled paper canwbdng at least 10% fibers from paper rreycfed by ccruwners 520 Lafayette Rd.; St. Paul. MN 55155 -4194; (612) 296 -6300; Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester DAVID B. ARNOLD GARY D. HCDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA X.PRETLAND DAVID A. BRUEGOEMANN PADL D. DOVE" JOSEPH M. PAIENENT JAMES UTLEY RICHARD O. McGEE CATHRYN D. REHER GINA X. BRANDT June 2, 1993 APMOLD & MCDOWELL ATTORNEYS AT LAw 101 PAHH PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Brunner Purchase Our File No. 3188 -88031 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER 5881 CEDAR I.AHE ROAD MINNEAPOLIS, XINNESOTA 55416 (612) 545 -9000 XN TOLL FREE 800- 343 -4545 FAX (SM) 545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 PAX (612) 389-5506 FOR YOUR INFORMATION RJUN79ss • I am enclosing herewith the ordinance authorizing the sale of municipally owned real estate to Louis F. Brunner. I have not included any language regarding the contingent nature of this transaction since that was not set forth in Mr. Brunner's bid and I assume the Planning Commission has no real complaint or problem with the transaction. Thank you for your time and attention to these matters. Best regards. Very truly yours, OLD & TDOWELL 1 G./Barry Anderson GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, JUNE 8, 1993 WANCE NO. 93,84 2ND SERIES • PUBLICATION NO. 4535 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: Lot Ten (10), Block Twenty -one (21), South Half of the City of Hutchinson, according to the recorded plat thereof, for good and valuable consideration thereto, is hereby sold and conveyed to Louis F. Brunner, together with all hereditament and appurtenances belonging thereto. Section 2. The sale of municipally owned real estate is authorized in exchange for payment, by cashier's check, certified check, or other guaranteed funds, in the amount of $7,005.00 by Louis F. Brunner. Section 3. City Code Chapter 1 entitled "General Provisions • and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 25th day of May , 1993. Mayor Attest: City Admi i tra o Published the H chinson Leader First reading: May li, 1993 Second reading: May 25, 1993 on June 8, 1993 0 • C Is June 4, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR FOR YOUR INFORMATION. SUBJECT: 1992 HUTCHINSON UTILITIES FINANCIAL STATEMENTS Attached is copy of the 1992 audited balance sheet and statement of operations for Hutchinson Utilities Commission. The entire audit report is on file in my office if you desire to review details of the document. City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 -Printed on recycled pnper- FOR YOUR INFORMATION • HUTCHINSON UTILITIES COMMISSION Exhibit C STATEMENT OF OPERATIONS For The Years Ended December 31, 1992 and 1991 1992 1991 operating Revenue Electric energy S 9,545,589 S 9,448,068 Gas sales 4,718,261 4,483,711 Penalties 70,083 58,918 Other services 16.081 16.116 Total Operating Revenues 214,350,014 114.006,813 Operating Expenses Production Operations S 643,017 S 634,718 Maintenance 358,391 205,320 Purchased power /gas 9,013,391 8,710,302 Transmission Operations 1,025 1,148 Maintenance 54,887 52,474 Distribution Operations 410,366 348,160 Maintenance 140,603 159,872 • Customer accounts expense 154,788 143,459 Administrative and general 1,090,437 956,890 Depreciation 787.918 725.191 Total Operating Expenses 512.654,823 511,937,534 Operating Income S 1,695.191 S 2.069.279 1 Other Income (Expense) Interest income S 531,735 1 822,645 Merchandise and contract work, net 21,549 41,873 Gain (loss) on disposal of plant 17,380 (9,354) Miscellaneous income 9,421 6,755 Interest expense (116,627) (139,987) Amortization of bond discount (12,338) (12,338) Income from gas and oil properties 586,849 Depletion of gas and oil properties (186.000) Total Other Income (Expense) S 851.969 S 709.594 Income Before Operating Transfers S 2,547,160 S 2,778,873 Operating Transfers In (Out) Transfers to the City of Hutchinson (640.80.0) (550,000) . NET INCOME S 1.906.360 S 2,228.873 See accompanying Notes to the Financial Statements. .g. . HUI CHI NOUN det1EO COMMISSION Exhibit A BALANCE SHEET December 31, 1992 and 1991 ASSETS 1992 1991 LIABILITIES AND FUND EQUITY 1992 1991 Utility Plant Fund Equity In service 528,139,352 527,471,914 Invested in utility plant $15,958,124 $13,103,279 Construction work in progress 3,632.653 1.286,351 Restricted 6,277,255 7,689,441 Unrestricted 5.063.070 4.599.369 Total Investment in Utility Plant $31,772,005 $28,758,265 . Less accumulated depreciation (14.704,867) (14.033.310) Total Fund Equity $27.298.449 $25.392.089 Net Utility Plant $17.067.138 $14,724,955 Long-Term Debt . Revenue bonds payable S 1,670,000 $ 2,165,000 Restricted Investments S 6,305.902 S 7.689.441 Less current portion (525.000) (495.000) Current Assets Net Long -Term Debt S 1.145.000 S 1.670.000 Cash S 3,124,276 S 3,997,094 Temporary cash investments 110,766 136,491 Current Liabilities Accounts receivable 1,918,375 1,489,020 current portion of long -term debt S 525,000 % 495,000 Interest receivable 51,502 65,637 Accounts payable 1,202,128 919,677 Inventory 469,639 531,561 Customer deposits 57,855 54,128 Prepaid insurance 67,110 69,473 Accrued Expenses FERC filing deposits 30.000 -- Interest 8,745 10,296 Employees, compensation 23,138 69,557 Total Current Assets S 5.771.668 S 6.289.276 Vacation 131,259 109,467 Medical fund (28,647) 31,523 Other Assets Payroll deductions 547 259 Bond discount $ 35,986 S 48,324 Sales tax 27.724 Gas and oil properties 1.210,504 Total Current Liabilities S 1.947,749 $ 1.689.907 Total Other Assets S 1.246.490 S 48.324 TOTAL ASSETS $30.391.198 $28.751.996 TOTAL LIABILITIES AND FUND EQUITY $30.391.198 $28.751.996 See accompanying Notes to the Financial Statements. 6- 1 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, May 3, 1993 The meeting opened at 8:00 p.m. The bills and runs were read as follows: CITY AND RURAL ACCOUNT Brad Emans 7.50 Hutch Wholesale 9.86 Randy Redman 15.75 Hutch Wholesale 14.86 Steve Schramm 5.25 Reiner Landscaping 200.00 Jim Brodd 12.50 Hillyard 5.07 John Reynolds 15.00 Hutch Tech College 192.74 Bruce Precht 7.50 Jerabek Machine Shop 3.50 Ed Homan 9.75 Hager Jewelry 28.00 Zee Medical 82.75 Hager Jewelry 4.63 Bennett Office 15.76 Festival Foods 14.44 . Hutch Fire & Safe 29.61 Popp Elec 35.00 NFPA Hutch Hosp. 95.00 1,350.00 Popp Elec 98.00 Hutch Hosp 1,350.00 Coast to Coast 1.85 Coast to Coast 7.23 Coast to Coast 9.19 Coast to Coast 1.67 Coast to Coast 33.86 Coast to Coast 3.18 Hutch Wholesale <13.23> Coast to Coast 5.13 Hutch Wholesale 25.99 Two Way Comm 52.60 Hutch Wholesale 14.51 Two Way Comm 111.83 Hutch Wholesale 13.83 Uniforms Unlimited 122.90 Hutch Wholesale 9.04 Allen Office 28.65 TOTAL $4,030.70 GENERAL ACCOUNT Nat'l Regist. of EMT's 15.00 Smoke Eater 254.00 Nat'l Regist. of EMT's 15.00 Hager Jewelry 45.00 Brown's Floral 82.01 Rick DeSmith 25.00 3 Star Services 227.64 Schramm Imp 4.00 Wearguard 53.99 Festival Foods 2.05 Greenbriar 28.00 Cashwise Foods 8.41 Carr Flowers 45.90 Rick DeSmith 25.00 Festival Foods 27.81 Dassel FD 12.00 Sewing Basket 9,21 . CRCC Bar and Rest 1,738.00 TOTAL $2,618.02 RUNS 4/3 Medical 4/21 False Alarm 4/4 30 -52 4/22 Plaza 15 4/4 Anderson 4/23 Silver Lake Mutual aid 4/5 Factory Direct 4/23 Silver Lake Mutual Aid 4/6 Schmandt 4/25 Runke 4/6 Fangmeier 4/27 Wendlandt 4/7 Lamberts 4/27 Balling 4/8 Plaza 15 4/28 Plath 4/8 Park Towers 4/28 Kokesh Trucking 4/12 Schlottsloff 4/2 Fireworks Festival 4/12 Demenge 4/5 Drill /Meeting 4/15 Kruse 4/12 Drill 4/17 Busse 4/19 Drill /Pumping 4/18 Jergens 4/22 Mall 4/18 Vanoverbeke 4/26 Regional 4/19 Dressel 4/20 Park Elem A motion was made and seconded to approve bills and runs as read. Randy reported on May 24th the 3M drill at 7:00 p.m. Mike S. Reported on driving procedure for 231. Jim P. reported parking brakes on all the vehicles should be left • on. Jamie E. asked for another 30 day medical leave. Brad reported once on -scene the 2 digit identification is to be used. the meeting adjourned at 9110 p.m. Respectfully submitted by, Bob Schantzen Secretary 1 HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, May 10, 1993 The meeting opened at 9:30 p.m. A motion was made and seconded to recommend purchasing a new hurst tool for the department. Randy R. reported Saturday, July 24 is the Regional Fire School, 9:00 a.m. to 1:00 p.m. Sign up sheet will be posted. Meeting adjourned 10 :10 p.m. Respectfully submitted by, Bob Schantzen Secretary