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206780' Council File No, 206780 - 0rdinance No. i 12188 —By Milton Rosen- i,> Orizinel to City Clerk t An ordinance providing therefor and + authorizing the issuance and sale by it "+ Cit City Saint Paul tithe bonds of said [� (� O R D I. N• Y aggregate pa" �nt' value amount of $1,485,000.00,.aut;�r,._e 8 ized by Chapter 543, Session a' t /j l- inm 8C sota for:1P8' • °o "� „'r b!,{ -'-49 NO. PRESENTED BY J ORDINAfE NO. „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 f AMOUNT OF $194859000.009 AUTHORIZED BY CHAPTER 543, SESSION LAWS OF MINNESOTA FOR 1961, FOR THE PROCURE- MENT BY SAID CITY OF SAINT PAUL OF THE NECESSARY FUNDS IN THE AMOUNT OF $1,4859000.00, FOR PAYMENT BYSAID CITY OF SAINT PAUL OF COSTS AND EXPENSES FOR THE CON- STRUCTION BY AND WITHIN SAID CITY OF SAINT PAUL OF STORM WATER RELIEF SEWERS TO PROVIDE-�,NECESSARY ,STORM WATER DRAINAGE FOR CERTAIN AREAS OF SAID CITY OF SAINT PAUL AND THE CONTIGUOUS 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 00, • -- SESSION LAWS OF MINNESOTA FOR 1961, DATED T92 8TH DAY OF NOVEMBER, 19619 WHEAEUNDER AND WHEREBY SAID CITY OF SAINT PAUL AGREED TO UNDERTAKE THE CONSTRUCTION OF �. SUCH STORM WATER RELIEF SEWERS AND TO PAY THE TOTAL" COST THEREFOR SUBJECT TO REIMBURSEMENT THEREBY , PRO- ' ' VIDED TO BE MADE T6 SAID CTTY,OF SAINT PAUL BYSAID 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 EMBRACING 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 5439 SESSION LAWS OF MINNESOTA FOR 1961. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVA- T -ION OF THE PUBLIC PEACE, HEALTH, AND SAFETY. j,,•, WHEREAS, Chapter 543, Session Laws--6f- aws of Minnesota for � - 19619 according to its pertinent terms, became operative ' upon its approval by a majority vote of the City Council of .; the City of Saint Paul and by a majority votd of the City Council of the City of West Saint Paul and upon due'compliance with all pertinent provisions of Statutes­of the-State of Minnesota, in such cases, made and provided, as evidendedi:;py • ." 3 the Resolution of the City. Council of the City of Saint Paul, Council File No. 202234•, apprroving'_the. same, adopted and -+ approved the 19th day of May, 1961, and the Gertificate of LL the City Cleik;, as the Chief Clerical Officer of the City ' 0! . of Saint Paul, incorporating a certified copy of said Resolu- 0 - tion, the Printer's Affidavit of its official publication "with and all other requisite data'filed the Secretary`gf. C o State on the 31st day of May, 1961_, and as further evidenced by Ordinance No. 558 of the City of West Saint Paul, approvin g the same, adopted and approved July 26, 1961, and the- Certi-ficate of the City Clerk of th_ e City of West Saint Paul, as - the Chief Clerical Officer of the City of West Saint Paul, in- corporating a certif ied,coDy of-said Ordinance No. 558, the Printer's Affidavit of its official publication, and all = other'- (requisitefdata filed with the` Secretary of State-- heretofore and in accordance with all provisions of the Statutes of the State of Minnesota in such . cases made -: and : , 'provided; and rn Favor Aroainst Approved: E , Mayor / Z/ Pais D l �'j6 2 - VM 80 7'_ /I r and whereby said City of Saint Paul shall agree to undertake the construction of such Storm Water Relief Sewers and to pay the total cost therefor, subject to reimbursement_t_o be made and thereby agreed to_.be madeV_by said City of West Saint Paul to said City of Saint Paul to the extent of the proportionate share of said total cost of such Storm Water Relief Sewer Construction Project thereby allocated to and provided to be borne by said City of West Saint Paul; and WHEREAS,'said City of Saint Paul and said City " of West Saint Paul, under and pursuant to said Chapter 543, Session Laws of Minnesota for,1961t entered into that certain written agreement dated the 8th day of November-1961, by and between them, whereunder and whereby said City of Saint Paul did agree to undertake and complete said Storm Water Relief Sewer Construction Project and to pay the total cost of the same, subject to reimbursement to be made, and thereby agreed to be made by said City of West Saint Paul to said City of Saint Paul on account andto the full extent of the. propor- tionate share of such Storm Water Relief Sewer Construction Project total cost thereby.allocated to and provided to be borne by said City of West Saint Paul thereby fixed and limited to the equivalent of 31.1 per cent of said total project cost up to but not in excess of $725,656.30; a fully executed counter- part of said Agreement by and between said City of Saint Paul and said City of West "Saint Paul, dated as aforesaid the 8th day of November, 1961, being on f i.l.e in the "off ice of the City Comptroller of said City of Saint Paul, a duly certified copy of the same being filed herewith in the office of the City Clerk of said City and by reference incorporated herein; and WHEREAS, it is necessary that provision be made.for the issuance of the sale by said City of Saint Paul of its bonds authorized by said Chapter 543, Session Laws of "Minnesota for 1961, in the aggregate par value amount of $1,485,000.00, for the procurement by said_City of necessary funds for payment by said City on account of the costs and expenses incurred by said City for and in the construction by .said City ,of said Storm Waiter Relief Sewers, under and pursuant to said agree- ment; by and between said City and_said City of West Saint Paul, to provide necessary storm water drainage for certain areas of said City of Saint Paul and said City of West Saint Paul. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: W .;. _ 3 _ 2,06r�8_0 SECTION 1 That the City of Saint Paul issue and sell, from time to time,the bonds of said City, in the aggregatep?ar value amount of $1,485,000.00, authorized by'Chapter A3, Session Laws of Minnesota for 1961, for the procurement of necessary funds therefor and the payment of the same, by said City, on account of the costs and expenses incurred, by said City for the construction of Storm Water Belief Sewers, within said City, to provide necessary storm water drainage for certain areas of said City and the City of West Saint Paul contiguous to the'same, under and pursuant to that certain written agreement, by_ 'and between said Cities'dated the 8th day of'November, 1961, whereund.er: and whereby, among other things, said City of Saint Paul agreed to undertake the con- struction of said Storm Water Belief Sewers and to pay the total cost therefor, subject to reimbursement to be made and thereby agreed to be made by said City of West Saint Paul to said City of Saint Paul, to the extent of the proportionate share of such Storm Water Belief Sewer Construction.Project total cost thereby allocated'to and provided to. be borne by said City of West Saint Paul, hereinbefore mentioned. SECTION 2 That each issue of said bonds shall be authorized by° resolution of the Council and shall be in the form of serial bof:ds and the same shall bear such date and mature at such -times as such resolution shall prescribe, provided that the first installment of each issue-of--said bonds-shall-mature- not later than three (3) years from'and after the date of the same and the last-installment of each issue of said bonds shall mature not later than thirty (30) years from and after' the date of the same; that no amount of principal of each is- sue of said bonds_payable.in any calendar year shall exceed five (5) times the amount of the smallest amount of principal maturing in any calendar year ending three (3) years or more after the date. of issue of the sam; and that said bonds shall be issued and sold by said City of Saint Paul, in the manner provided by law. That said bonds shall be in such denomina- tions as the Council shall prescribe by resolution and-shall bear interest not in excess of six per cent (6 %) per annum payable semiannually according to interest coupons to be ` attached to the same; that said bonds shall be in the form prescribed by the Council of said City and approved by its Corporation,Counsel; and that said bonds shall bear such in- terest as said City Council shall prescribe, and shall be sold by said City Council for not 1<e.ss than par value plus accrued interest, to the highest bidder therefor, after two weeks' pub= lished notice of the time and place for receiving bid's thereon. That the proceeds from the issuance and sale of said bonds, as received by said City, shall be deposited by it in the Sinking Fund of said City or in a`Special Fund'of said City designated as "Riverview Storm Sewer Bond Fund No. 4600" ana�­allocatea thereto and -4- subject to disbursement only for the purposes aforesaid in payment on account of said City's costs and expenses incurred for the construction of said Storm Water Relief Sewer Project under and according to the provisions,Iterms and conditions of said written agreement by and between said City and'said City of West Saint Paul authorized'bytsaid Chapter 543, Session Laws of Minnesota for 1961, whereunder and whereby,' among other things, said City of Saint Paul agreed to under- take and complete the construction of said Storm Water Belief Sewer Project and to pay the total cost therefor subject to reimbursement to be made and thereby agreed to be made by said City of West Saint Paul to said City of Saint Paul, to the extent of the proportionate share of said Storm Water Relief Sewer Project total cost thereby allocated to and provided to be borne by said City of West Saint.Paul. That the proceeds of the issuance and sale of said bonds hereby are appropriated and shall be used only in payment of the aforesaid Storm Water Relief Sewer Project costs and expenses as incurred by said City of Saint Paul under said written agreement by and between said Cities, subject to said partial 'reimbursement provided by said written agreement, as aforesaid, to be made and thereby agreed to be made to said City of Saint Paul by said City of West Saint Paul. That said bonds of said City of Saint Paul shall-.be payable in lawful money of the United States of America. ,, SECT ION 3 That each of said bonds shall be sealed by the facsimile of the Official Seal of said City lithographed thereon and signed by the lithographed facsimile signature of its Mayor, attested by the lithographed facsimile signature of its City'Clerk, and countwsigned manually by the City Comptroller, and each interest coupon thereto attached shall be signed by the lithographed facsimile signatures of its said Officers. SECTION 4 That said City's proper officers hereby are au- thorized, directed and required to set aside annually from the bevenues of said City an amount sufficient for the payment' of the interest on said hereby authorized bonds and the princi- pal of any "such bonds maturing in such.,year and hereby are authorized, directed and required to make a sufficient tax levy for the payment of the same under and'pu.rsuant to the provisions ` of Chapter 4759 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, together with estimated collec- tions of other revenues pledged for the payment of said obli- gations, 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 Original to City Clerk Qn ORDINANCE'S COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.- 1,27Z fy resolution of he Council of said City, which shall, among o er 1ngs, irrevocably appropriate the taxes thereby . levied together with estimated collections of other reve- nues in the nature of those to be represented by reimburse- ments to said City of Saint Paul, by said City of West Saint Paul, on account of the latter's proportionate share of the total costs of said Storm Water Relief Sewer Construc- tion Project allocated to said City of West Saint.Paul and provided to be borne by the latter under and in accordance with the provision_ s, terms and conditions of .;the�:Af oresaid pertinent written agreement and between said Cities, to the Sinking Fund or said Special Fund of said City of Saint Paul, such latter Fund being designated,as "aforesaid, "Riverview Storm Sewer Bond Fund No. 460011, for payment, when due, of the principal and interest of said bonds. That such provisions 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 a duly certi- fied copy of said written agreement, by and between said City of Saint Paul and said City of West Saint Paul is filed here - wilfi 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 were set forth herein verbatim. That all money 2 E✓Pa?_,. to said City of Saint Paul "by said City of West Saint Paul, as and for such reimbursement, under and pursuant to'said written agreement by and between them shall be placed by said City of Saint Paul in a separate account of said Sinking Fund or in said Special Fund and shall be used by said City of Saint Paul solely to reduce by an equivalent amount the tax levy fior the payment of principal and "interest on such authorized bonds of said "City of Saint Paul, made pursuant "to Minnesota Statutes 1957, Section 4.75.61 or Section 475.64, -as amended. R SECTION 5 This Qrdinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. SECTION 6 This ordinance shall take effect and be in force from and after its passage, approval, and publication. Yeas Councilmen Nays DeCourcy Holland Loss T Mortinsan (•J Peterson -Rro r Mr. President (Vavoulis) Attest: r t ltil. l tcaiuciato k r a,vvuai0'r r Attest:C� , ( (/ City Clerk IM 11-6 zz t Passed by the Council �J In Favor qq ��++ i q(� Against ��) j 3 d n Approv Mayor u '1 1 i r MOTION BY COMMISSIONER 2 0�7�0 I move that the Rules be suspended as necessary therefor and that the Council's approval as to form and final adoption of Council File 206780, be reconsidered. I further move that said Council File 206780 be amended in the following particulars, to -wit: that the first whereas clause of the same be amended so that the same shall read as follows: WHEREAS, Chapter 543, Session Laws of Minnesota for 1961, according to its pertinent terms, became operative upon its approval by a majority vote of the City Council of the City of Saint Paul and by a majority vote of the City Council of the City of West Saint Paul and upon due compliance with all pertinent provisions of Statutes of the State of Minnesota, in such cases made and provided, as evidenced by the Resolution of the City Council of the City of Saint Paul, Council File No. 202234, approving the same, adopted and approved the 19th day of May, 1961, and the Certificate of the City Clerk, as the Chief Clerical Officer of the City of Saint Paul, incorporating a certified copy of said Resolution, the Printer's Affidavit of its official publica- tion and all other requisite data filed with the Secretary of State on the 31st day of May, 1961, and as further evidenced by Ordinance No. 558 of the City of West Saint Paul, approving the same, adopted and approved July 26, 1961, and the Certi- ficate of the City Clerk of the City of West Saint Paul, as the Chief Clerical Officer of the City of West Saint Paul, incorporating a' certified copy of said Ordinance No. 558, the'Printer's Af- fidavit of its official publication, and all other requisite data filed with the Secretary of State heretofore and in accordance with all provisions of the Statutes of the State of Minnesota in such cases made and provided; and" I further move that said pending Council File 206780, Ordinance No. 12188, as amended, be approved as to form. �s ?S' MOTION BY COMMIS SIONER I move that the Rules be suspended as necessary therefor and that the Council's approval as to form and final adoption of Council File 2067809 be reconsidered. I further move that said Council File 206780 be amended in the following particulars, to -wit: that the first whereas clause of the same be amended so that the same shall read as follows: WHEREAS, Chapter 5439 Session-Laws of Minnesota for 1961, according to its pertinent terms, became operative upon its approval by a majority vote of the City Council of the City of Saint Paul and by a majority vote of the City Council of the City of [lest Saint Paul and upon due compliance with all pertinent provisions of Statutes of the State of Minnesota, in such cases made and provided, as evidenced by the Resolution of the City Council of the City of Saint Paul, Council File No. 202234, approving the same, adopted and approved the 19th day of Ma and the Certificate of the City Clerk, as the 1� Chief Clerical Officer of the City of Saint Paul, incorporating a certified copy of said Resolution, the Printer's Affidavit of its official publica- tion and all other requisite data filed with the Secretary of State on the 31st day of May, 1961, and as further evidenced by Ordinance No. 558 of the City Of West Saint Paul, approving the same, adopted and approved July 269 19619 and the Certi ficate of the City Clerk of the City of West Saint Paul, as the Chief Clerical Officer of the City Of West Saint Paul, incorporating a certified COPY of said Ordinance No. 5589 the Printer's Af- fidavit of its official publication, and all other requisite data filed with the Secretary of State heretofore and in accordance with all provisions of the Statutes of the State of Minnesota in such cases made and provided; and" I further move that said pending Council File 206780, Ordinance I.lo. 121889 as amended, be approved as to form. i!!� noeus ;uapisaad •iyQ uasog uosialad u ssoZ PuulioH SoanoaaQ U Uo6 sllnoeuA ;uapisaid -JR 0 f, v uasog uosialad uosuI; ON ssoZ PllBIIoH SainoaaQ sSsH suaa seuH suaJL 5 a;dopv ddu puu pig o; JOAO plsZ —pug � 1 • � �, si Y �