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234683� yT �, q's.--.� �.�� OR�IuG`NAL TO CITY CLERK �� , CITY OF ST. PAUL couNCi� '�'�� . : OFFICE OF THE CITY CLERK FILE NO. _ COUNCIL S LUTION—GENERAL FORM PRESENTED BY �� COMMISSIONE WHEREAS, There is presently pending in the Distri�t Court of Ramsey County an action entitleds "Charles P. McCarty, Jr. and all other - taxpayers of the City of Saint Paul, Plaintiffs, � , vs. City of St. Paul, a Municipal ' Corporation; Thomas R. Byrne, Mayor of St. Paul; Joseph J. Mitchell, Comptroller , of St. Paul= Robert F. Peterson, Councilman; Bernard T. Holland, Councilman= .. . James J. Dalglish, Coiincilmanf Dean Meredith, Councilman; •William E. Carlson, Councilman; Victor Tedesco, Councilman; . � Northwestern National " . ' Bank of St. Paul, � ` � Defendants. " District Court File No. 351751, wherein the plaintiff attacks , the action of the City in authorizing an emergency appropriation pursuant to Section 206 of the Charter under and by virtue'of Resolution of the Council No. 231741, adopted by the Council � January 26, 1967, and plaintiff further attacks in said litiga- � � tion the authority of the City to levy a tax for repayment of a loan of $40,000.00 to the City by Northwestern National Bank of St. Paul pursuant to said resolution, together with interest thereon, beyond the limitation of $12,075,OOp.00 provided by �� Section 201.3, subparagraph 3, and � COUNCILMEN Adopted by the Council 19— Yeas Nays , � Carlson Dalglish Approved 19_ Holland Meredith • Tn Favor Peterson Mayor Tedeaco A gainst Mr. President, Byrne �zz r-� '�"'� - _ ORIGINAL TO CITY CLERK �` � CITY OF ST. PAUL couNCa ��►� �' +�, OFFICE OF THE CITY CLERK FILE NO. _ � 4; > COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF ' W�E�5, This Couneil has been adnised by the Corporation Counsel that for the purpose of defining the issues in the afore- mentioned litigation and making certain that the District Court has before it a justicial�le controversy, the Council should advise the Court as to the Council's position with respect to the tax levy it intends to make in order tv repay said loan and the interest thereon; now, therefore, be it , . RESOLVED, That the Co uncil of the City of Saint Paul hereby states to the District Court, Second Judicial District, that , it is the intent of this Council to levy a •�ax to raise funds for the repayment of the aforesaid $40,000.00 loan, together with interest thereon, which tax levy will be in�excess of the limitation of $12,075,000.00 provided by Section 201.3, sub- paragraph 3, of the City Charter, unless this Council is pre- cluded from making snch tax levy by Order of the District Cou�t; be it �� . � FIIRT�R RESOLVED, That the Council desires to indicate to•;the Court its conclusion that while a tax levy resolution p�ssed by the Council authorizing repayment of the aforesaid loan together with interest thereon would be in excess of the dollar limitation specified in Section 201.3, sub- . paragraph 3, of the Charter, it is otherwise authorized by the City Charter, and it is this Council's belief that such a tax levy is clearly within the authority and prerogatives of the Gity Council under the authority of said City Charter. �0� � 7 �96� COUNCILMEN � � Adopted by the Council 19_, Yeas Nays � Carlson - � °• - Dalglish �� , Holland � � Approved ' 19— Meredith Tn Favor + �.��.�``�. �er-se�i J ��g Mayor Tedesco A gainst , �� iE�iE.�..'��Y:�r�fi��? s�.�...e..:��.'.�.�.:..°�.°.9°e3�� VIr. Vice President jPeterson) PU�LIS�I�D AU� 18 1967 �zz .1 � OU�LICATE TO rRINTER ��(�� f CITY OF ST. PAUL FOENCIL N +u� 4 . OFFICE OF�THE CITY CLERK � � COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONEa DATF _ WHEREA3, There is presen�ly pending in the District Court of Ramsey County sn action entitleds "Charles P. MeCarty, Jr. and aYl other tsxpayers og the City o�' Saint Paul, Plai�n,tiffs, vs. ' City of St. Paul, a Municipal Corporation= Thomas R. Byrne, Mayor of St. Paul� Joseph J. Mitchell, Comptroller of St. Paul= � Robert F. Peterson, Councilmant ' Bernard T. Holland, �ouncilman� James J. Dalglish, Counci7.manT Dean Meredit�i, � Councilmans , William E. Carlson, CouncilmanT Victor Tedesco, Courac3lmans . Northwestern Na�lonaY Bank of St, Paul, Defendants. �� Diatrict Court File D�o. 35i751, wherein the plaintiff attacks the action of the City in authorizing an emergeney appropriation pursuant to 3ection 206 of the Charter under and by virtue of Resolution oE the Counc3l No. 231741, adopted by the Council January 26, 1967, and plaintif� further attacks in said litiga- tion the authority of the City to levy a tax for sepayment of a loan of $40,000.00 to the City by DTorthwestern National Bank of St. Paul pursuant to said resolution, together with interest thereoa, beyond the limitation of $12,075,000.00 provided by 3eation 201.3, subparagraph 3, and COUNCILMEN . Adopted by the Council 19—. Yeas Nays Carlson Dalglish Approved 19— Holland Meredith Tn Favor � Peterson ' Mayor Tedesco A gainst Mr. President, Byrne �za DVrLICATE TO rRINTHR °)�A�� ~- CITY OF ST. PAUL FIOENCIL N0. : `� ° � OFFICE OF THE CITY CLERK . . COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF _ WI�REI�.S, This Counail has been adviaed by the Corporation Counsel that for the puspoee o� d�fining the issues in the afore- msntioned litigation and n�aking eertain that the District Court has before it a justiaiable controversy, the Counail ehould adviee the Court as to tbe Council'� position with respoct �o the tax levy it intends to make in order to repay eaid loan and the interest thereonz now, therefore, be it � RESOLVED, That the Co uneil. of the City of Saint Paul hereby statee to the District Court, Second Judicial Digtriot, that it is the intent of thia Counail to levy a tax to raise fuads fo= the repayment of the aforeaaid $40,000.00 loan, together with interest thereon, whiah tax levy wi11 be in. excess o£ �he limitation of $12�075,000.00 p=ovided by 3eetion 201.3, sub- paragraph 3, of the City Charter, unles� this Council is pre- cluded from mak3ng auch tax levy �y Order of the Dietrict Court� be it FIIRTBER RE30LVED, That the Couna3.l deei=es to indicate to the Court its conclusion that while a tax levy resolution passed by the Council authorizing repayment of the aforesaid loan toc,�ether with interest thereon would be in exaess of the dollar limitation apecified in Section 201.3, sub- paragraph 3, of the Chart�r, it is otherwise attthorized by the City Charter, and i� 3s thia Council'$ belief that �such a tax levy is aleaxly with3.n the authority and prerogativea of :aze City Council uader the authar3.ty of said Ci�y Charter. �!G 1 � ��G7 COUNCILMEN Adopted by the Council 19_ Yeas Nays Carlson �U� 1 � 1��, Dalglish Approved 19_ Holland / Meredith ,�U fn Favor M �� Q May�r Tedesco A gainst ,.,�. 'i�t��i�.�c�e:t:e�'�.�'�.e'r'i Mr. Vice President (Yeterson) �22