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207736Original to City Clerk, ? �:)uncll File No. 207738— Ordinance No. 12228 —By James J. Dalglish- 4 R D I N -.;. 1 ordinance , n 11 eFllegNor 20678c0,, titled: e• t 'An ordinance providing therF#, _i �! �8AtL� 171ng the issuance ant) of Sa'7nt Paul PRESENYED BY 3r tatai. f. ;iYa� J , NO. NO.— �/AN ORDINANCE AMENDING ORDINANCE NO. 12188, COUNCIL FILE NO. 206780, ENTITLED: "AN ORDINANCE PROVIDING THEREFOR AND AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF SAINT PAUL, OF BONDS OF SAID CITY OF SAINT PAUL IN THE AGGREGATE PAR VALUE AMOUNT OF $1,485,000.00, AUTHORIZED BY CHAPTER 543, SESSION LAWS OF MINNESOTA FOR 1961, FOR THE PROCUREMENT BY SAID CITY OF SAINT PAUL OF THE NECESSARY FUNDS IN THE AMOUNT OF $1,485,000.00, FOR PAYMENT BY SAID CITY OF SAINT PAUL OF COSTS AND EXPENSES FOR THE CONSTRUCTION BY AND WITHIN SAID CITY OF SAINT PAUL OF STORM WATER RELIEF.,SEWERS TO PROVIDE NECESSARY STORM WATER DRAINAGE FOR CER- TAIN AREAS OF SAID CITY OF SAINT PAUL, AND THE CON- TIGUOUS CITY OF WEST SAINT PAUL, UNDER AND PURSUANT TO THAT CERTAIN PERTINENT AGREEMENT BY AND BETWEEN SAID CITY OF-SAINT PAUL AND SAID CITY OF WEST SAINT PAUL, AUTHORIZED BY SAID CHAPTER 543, SESSION LAWS OF MINNESOTA FOR 1961, DATED THE 8TH DAY OF NOVEMBER, 1961, WHEREUNDER AND WHEREBY SAID CITY OF SAINT PAUL AGREED TO UNDERTAKE THE CONSTRUCTION OF SUCH STORM WATER RELIEF SEWERS AND TO PAY THE TOTAL COST THERE- FOR SUBJECT TO REIMBURSEMENT THEREBY, PROVIDED TO BE MADE TO SAID CITY OF SAINT PAUL BY SAID CITY OF WEST SAINT PAUL FOR THE PROPORTIONATE SHARE OF SUCH COSTS AND EXPENSES OF SUCH STORM WATER RELIEF SEWERS AND THE SUBJECT CONSTRUCTION PROJECT EMBRAC- ING THE SAME AND THEREBY ALLOCATED TO AND PROVIDED TO BE BORNE BY SAID CITY OF WEST SAINT PAUL, ALL IN ACCORDANCE WITH THE PROVISIONS, TERMS AND CONDITIONS OF SAID CHAPTER 543, SESSION LAWS OF MINNESOTA FOR 1961. THIS IS AN EMERGENCY ORDINANCE RENDERED NECES- SARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY." APPROVED MAY 15, 1962. THIS IS AN EMERGENCY4RDINANCE RENDERED NECESSARY FOR THE PRESER- VATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY. THE COUNCIL OF THE CITY OF SAINT,PAUL DOES ORDAIN: Section 1. That Ordinance No. 12188, Council File No. 206780, approved May 15, 1962, hereby is amended in the following particulars, to -wit: That the following language "in the Sinking Fund of said City or" of the third sentence of Section 2 of said Ordinance hereby is stricken from the same. That Section 4 of said Ordinance hereby is amended so that the same shall read as follows: Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 11-81 22 Passed by the Council Approved: Mayor Tn Favor Against 207736 - 2 - 10:RI "SECTION 4 "That said City's proper officers hereby are authorized, directed and required to set aside �- annually from the revenues of said City an amount sufficient for the payment of the interest on said hereby authorized bonds and the principal of any such bonds'maturing in such year and hereby are authorized, directed and required to make a suf- ficient tax levy for the payment of the same under and pursuant to the provisions of Chapter 475, Minnesota Statutes 1957, as amended. That such tax levies for all years shall be specified and shall be such that if collected in full they, to- gether with estimated collections of other revenues pledged for the payment of said obligations, will produce at least five per cent (5 %)-in excess of the amount needed to meet, when due, the principal and interest payments on said bonds. That each such tax levy shall be by resolution of the Council of said City; which shall, among other things, ir- revocably appropriate the taxes thereby levied to the Sinking Fund or a Special Fund of said City for payment, when due, of the principal and interest of said bonds. In the event that the proceeds of any of such bonds are applied to the payment of costs of the aforesaid Storm Water Relief'Sewer Construction Project allocable to and to be borne by the City of West Saint Paul, pursuant to the aforesaid Agreement dated the 8th day of November,-1961, and are not_ap- plied solely to the payment of`the proportionate share of such costs to be borne by the City of Saint Paul, the aforesaid resolution or resolutions of said Council providing for the aforesaid tax levy, in addi- tion to irrevocably appropriating as aforesaid the taxes thereby levied, shall also irrevocably'appropriate to the aforesaid Sinking Fund or Special Fund, for pay- ment, when due, of the principal and interest of such bonds, the estimated collections of other revenues in the nature of reimbursements or repayments to said City of Saint Paul, by the said City of West Saint Paul, pursuant to the aforesaid Agreement, on account of the latter's proportionate share of such costs defrayed by the proceeds of such bonds. That all money repaid to said City of Saint Paul by said City of West Saint Paul, as and for reimbursements or repayments to the City of Saint Paul on account of the application by the latter of proceeds of such bonds to the payment of such costs allocable to the City of West Saint Paul under and pur- suant to said written Agreement by and between them shall be placed by said City of Saint Paul in said Sinking Fund or in such Original to City Clerk A ---ORDINANCE 207736 PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. — 3 — Si�ecial-Fund and shall be used by said City of Saint Paul solely to reduce by an equivalent-amount the tax levy for the payment of principal and interest on such authorized'bouds of said City of Saint Paul, made pursuant to Minnesota Statutes 1957, Section 475.61 or Section 475.64, as amended. That such pro- visions of this Section are in addition to the pledge of the full faith and credit of said City for the payment of said bonds and are not in lieu of such pledge. That any payments heretofore made or here- after to be made by the City of West Saint Paul to the City of Saint Paul under the aforesaid written agreement which constitute direct payments or contri- butions by the former on account of its allocable share of said costs of the aforesaid project and which do not constitute payments by it to the City of Saint Paul on account of the application by the latter of any proceeds of bonds issued by it to such costs otherwise allocable to the City of West Saint Paul shall not be deemed to be repayments or reimburse- ments within the meaning of this section and the tax levy hereinbefore provided for shall not be re- duced by reason of such direct payments or contri- butions by the City of West Saint Paul. That a duly certified copy of said written agreement, by and be- tween said City of Saint Paul and said City of West Saint Paul is filed herewith in the office of the City Clerk of said City of Saint Paul and the same hereby is incorporated herein by reference with the same intent, purpose, and effect as if said written agreement was set forth herein verbatim." Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas -,Councilmen ays • "Holla� n Loss / Mortinson V Peterson Rosen T&. President (Vavoulis) Attest: /'1 � (/�C�s Lo� �/, City Clerk IM 11-61 22 Passed by the Council JUL 5 In Favor Against Jul. 5 NZ Approved• %&,,t e�' _ Mayor 1s 2n 'Laid over to 3rd and app dopte Yeas Nays Yeas Nays Dalglish Dalglish Holland Holland Loss .Loss Mortinson Mortinson Peterson Peterson Rosen Rosen. Mr. President Vavonlis - �L -�