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199604Original to City Clark PRESENTED BY-/ q, I'X+ i \ ORDI Council File No. 199604— Ordinance No. 11862 —By Bernard. T. Holland — Robert F. Peterson — An Ordinance providing therefor and ; authorizing the issuance and "sale by the City of Saint Paul of the bonds of E NO said City in the par value amount of ` Seven Hundred Thousand Dollars ($700,000.00), authorized by Chapter t/i 685, Session Laws of Minnesota for ,E NO. 1957, for the_ V \ ^� 1 An Ordinance providing therefor and authorizing the issuance and sale by the City of Saint Paul of the bonds of said City in the par value amount of Seven Hundred Thousand Dollars ($700,000.00), authorized by Chapter 685, Session Laws of Minnesota for 1957, for the procurement of the necessary funds, in the amount of Seven Hundred Thousand Dollars ($700,000.00), for payment on account of said City's share of the cost and expense of flood control in said City, and for the purpose of matching funds - allocated by the United States Government for that purpose, thereunder, and in accordance with the provisions, terms and conditions of said Chapter 685, Session Laws of Minnesota for 1957.. This is an emergency ordinance rendered necessary for the preservation of the public peaces health and safety. WHEREAS, pursuant to the Resolution of the Flood Control Committee of the United States House of Representatives, the District Engineer, Corps of Engineers, U. S. Army, Saint Paul District, heretofore instituted, conducted and completed an in- vestigation for the purpose of making a determination as to the advisability of providing flood control along the Mississippi River above the mouth of the Missouri River, which involved an interim survey of flood and related problems at and in the vicinity of said City of Saint Paul; and WHEREAS, it is demonstrable from said investigation and the drawings and descriptions of the proposed Flood Control Project Plan based thereon and on surveys connected therewith, as developed by said District Engineer, that the construction, maintenance and operation of such proposed Flood Control Project is essential to the proper protection of the public peace, health, safety and general welfare of said City of Saint Maul and its inhabitants and essential to the proper protection of life, limb and property within the corporate limitp of said City of Saint Paul; and WHEREAS, said Council of said City of Saint Paul, by its Resolution, Council File No. 176049, approved December 9, 1955, has approved said proposed Flood Control Project, for said City of Saint Paul, as outlined and proposed by said District Engineer, and declared its intention and willingness to cooperate with the Federal Government in the construction, maintenance and operation of said proposed Flood Control Project, and in such connection as conditions precedent to the construction of said proposed Flood Control Project, taid City of Saint Paul will be required to give assurances to the Secretary of the Army that said City of Saint Paul will: Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk im 5 -60 8 Passed by the Council Approved: Favor Against s • Mayor Original to City Clerk ..:,4 ORDINANCE COUNCIL FILE NO. 199604 PRESENTED BY ORDINANCE NO. i Page 4. 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 sufficient tax levy for the payment of the same under and pursuant to the provisions of Chapter 475, iMinnesota Statutes 1957, as amended. That such tax levies for all years shall be specified and shall be such that if collected they will produce at least 5 per cent in excess of the amount needed to meet, when due, the principal and interest on said bonds. That each such tax levy shall be by resolution of the Council of said City which shall, among other things, irrevocably appropriate the taxes thereby levied to said City's sinking fund or special sinking fund or account for the payment, when due, of the principal and interest on 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. Section 5. This ordinance 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 0 Loss Mortinson Peterson Fewpoff- Mr. President (Vavoulis)� Attest : . 1�2� X ej3W--ZW City Clerk im a -so s Kov 2 5196® Passed by the Council Tn Favor O Against Approved:. aV 2 5 1 DuDucat. to Printar b � � PRESENTED BY ORDINANCE �,K/10 �L k A d D 1199604 COUNCIL FILE NO. 6) ��e 4/• ORDINANCE NO. An Ordinance providing therefor and authorizing the issuance and sale by the City of Saint haul of the bonds of said City in the par value amount of Seven Hundred Thousand Dollars ($700,000.00), authorized by Chapter 685, Session Laws of Minnesota for 1957, for the procurement of the necessary funds, in the amount of Seven Hundred Thousand Dollars ($700,000 +00), for payment on account of said City's share of the cost and expense of flood control in said City, and for the purpose of matching funds allocated by the United States Government for that purpose, thereunder, and in accordance with the provisions, terms and conditions of said Chapter 683, Session Laws of Minnesota for 1957. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety WHEREAS, pursuant to the Resolution of the Flood C�bntrol Committee of the United States House of Representatives, /the District Engineer, Corps of Engineers, U. S. Army, Saint "Paul District, heretofore instituted, conducted and completed an in- vestigation for the purpose of making a determination as to the advisability of providing flood control along the Mississippi River above the mouth of the Missouri Rivar, which involved an interim survey of flood and related problems at and in the vicinity of said City of Saint Paul; and WHEREAS, it is demonstrable from said investigation and the drawings and descriptions of the proposed Flood Control Project Plan based thereon and on surveys connected therewith, as developed by said District Engineer, that the construction, maintenance and operation of such proposed Flood Control Project is essential to the proper protection of the public peace, health, safety and general welfare of said City of Saint Paul and its inhabitants and essential to the proper protection of life, limb and property within the corporate limits of said City of Saint Paul; and WHEREAS, said Council of said City of Saint Paul, by its Resolution, Council File No. 176049, approved December 9, 1955, has approved said proposed Flood Control Project, for said City of Saint Paul, as outlined and proposed by said District Engineer, and declared its intention and willingness to cooperate with the Federal Government in the construction, maintenance and operation of said proposed Flood Control Project, and in such connection as conditions precedent to the construction of said proposed Flood Control Project, Wd City of Saint Paul will be required to give assurances to the Secretary of the Army that said City of Saint Paul wills Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk Ina 6-so s Passed by the Council Approved: Mayor rn Favor Against Page 2. (a) Provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project. (b) Hold and save the United States free-from damages due to the conr struction works. (c) Maintain and opera "te the improvements after completion in accordance with regulations prescribed by the Secretary of the Army. (d) Make at its own expense all necessary changes to utilities, highways, and highway bridges including approaches. (e) Furnish, in cash or equivalent construction, a contribution equal to 14.3 per cent of the first cost of the project, exclusive of lands and rights-of-way and necessary road and bridge changes, the contribution being currently esti- rn mated at approximately $700,000; and WHEREAS, it is deemed necessary that said City of Saint Paul issue and sell the bonds of said City of Saint. Paul, in the par value amount of Seven Hundred Thousand Dollars ($700,000.00), authorized by Chapter 6859 Session Laws of Minnesota for 1957, for the purpose of the procurement, by said City of Saint Paul, of funds in the amount of Seven Hundred Thousand Dollars ($700,000.00) necessary for payment on account of said City's share of the cost and expense of flood control in said City and for the purpose of matching funds .allocated by the United States Government for that purpose under said proposed Flood Control Project Plan as the same is now constituted and as the same shall be amended or extended; THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the City of Saint Paul issue and sell, from time to time, the bonds of said City, in the ar value amount of Seven Hundred Thousand Dollars ($7009000.00 authorized by Chapter 685, Session Laws of Minnesota for 1967, for the purpose of the pro - ,curement, by said City, of funds in the amount of Seven Hundred Thousand Dollars ($700,000.00), for the payment thereof on account of said City's share of the cost and expense of flood control in said City and for the purpose of matching funds allocated by the United States Government for the purpose of flood control therein under said proposed Flood Codrol Project Plan as the same is now constituted and as the same shall be amended or extended, thereunder, and in accordance with the provisions, terms and conditions of said Chapter 685, Session Laws of Minnesota for 1957. Section 2. That each issue of said bonds shall be authorized by resolution of the Council and shall be in the form of serial bonds 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 4 � Page 3. 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 issue 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 t1ree (3) years or more after the date of issue of the same; and that said bonds shall be issued and sold by said Cityf in the manner provided by law. That said bonds shall be in the denomination of $10 0 .0 each and shall bear interest not in excess of six per cent (6%) per annum payable semi- annually 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 interest as said City Council shall prescribe, and shall be J sold.,,,by said City Council for not. less than par value plus accrued interest, to the highest bidder therefor, after two weeks' published notice of the time and place for receiving bids thereon. That the proceeds from the.issuance and sale of said bonds,as received by said City, shall be deposited by it in a fund of said City designated as "Flood Control Project Fund" allocated thereto and subjecttto disbursement only for the purpose'af oresaid# in payment on account of said City's share of the cost and expense of flood control in said City and in matching of funds allocated by the United States Government for that purpose, under said proposed Flood CoArol Project Plan as now--constituted-,and as the same ,shall be amended or extended; in the manner `and f©rithe- purpos,ec- -prescribed by said Chapter 685; Session °Laws of Minnesota for 1957. That the proceeds of the issuance and sale of said bonds hereby are appropriated thereto and shall be used only in psym,ent of said City's share of the cost and expense of flood 'control in the City of Saint Maul and in matching of €unds.allocated by the United States Government for that purpose, under said proposed, Flood Control project Plan as now constituted and. as the same _shall be amended or extent ed, in the. manner and, for the .'purpose:, ,prescribed by Chapter, 685, Session Laws of Minnesota for 1957. That said bonds shall be i payable in .1awf ul money of the .,United States of America, at the Office of said City's Commissioner of Finance, in, said City of Saint Paul, or at the Office of the Fiscal Agent of said City in either.Saint Paul, Minnesota, or New York. New York, at the optiop of the .holder, and the full faith and credit of said City hereby are irrevocably pledged, for the prompt and faithful payment of both principal and interest,of said bonds.. Section 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 33& Mayor, attested by the'lithographed facsimile signature of.its City Clerk, and countersigned 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 propene officers hereby are authorized# directed and required to set aside annually from the revenues of Duplicate to Printer ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 4. 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 sufficient 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 they will produce at least 5 per cent in excess of the amount needed to meet, when due, the principal and interest on said bonds. That each such tax levy shall be by resolution of the Council of said City which shall, among other things, irrevocably appropriate the taxes thereby levied to said City's sinking fund or special sinking fund or account for the payment, when due, of the principal and interest on 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. Section 5. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and saf ety. Section 6. This ordinance shall take effect and be in force from and after its passage, approval and publication. Yeas Councilmen DeCourcy Holland Loss Mortinson Peterson Nays Passed by the Council id ✓eP%Q��Z /9�0 L� In Favor O Against Mr. President (Vavoulis) r Attest: e s ILI _ City Clerk iM s -so 8 � .I� - 0 /�1� Approved: - e v/? & e (-f �¢ ✓orJ// S Mayor v Page l P ge 2. (a) Provide without cost to the United States all lands, easements, and rights -of -way necessary for the construction of the project. (b) Hold and save the United States free from damages due to the construction works. (c) Maintain and operate the improvements after completion in accordance with regulations prescribed by the Secretary of the Army. (d) Make at its own expense all necessary changes to utilities, highways, and highway bridges including approaches. (e) Furnish, in cash or equivalent construction, a contribution equal to 14.3 per cent of the first cost of the project, exclusive of lands and rights -of -way and necessary road and bridge changes, the contribution being currently esti- mated at approximately $700,000; and WHEREAS, it is deemed necessary that said City of Saint Paul issue and sell the bonds of said City of Saint Paul, in the par value amount of Seven Hundred Thousand Dollars ($700,000.00), authorized by Chapter 685, Session Laws of Minnesota for 1957, for the purpose of the procurement, by said City of Saint Paul, of funds in the amount of Seven Hundred Thousand Dollars ($700,000.00) necessary for payment on account of said City's share of the cost and expense of flood control in said City and for the purpose of matching funds allocated by the United States Government for that purpose under said proposed Flood Control Project Plan as the same is now constituted and as the same shall be amended or extended; THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the City of Saint Paul issue and sell, from time to time, the bonds of said City, in the ar value amount of Seven Hundred Thousand Dollars ($700,000.00 authorized by Chapter 685, Session Laws of Minnesota for 1957, for the purpose of the pro- curement, by said City, of funds in the amount of Seven Hundred Thousand Dollars ($700,000.00), for the payment thereof on account of said City's share of the cost and expense of flood control in said City and for the purpose of matching funds allocated by the United States Government for the purpose of flood control therein under said proposed Flood Cortrrol Project Plan as the same is now constituted and as the same shall be amended or extended, thereunder, and in accordance with the provisions, terms and conditions of said Chapter 685, Session Laws of Minnesota for 1957. Section 2. That each issue of said bonds shall b resolution of the Council and shall be in the and the same shall bear such date and mature resolution shall prescribe, provided that the of each issue of said bonds shall mature not years from and after the date of the same and e authorized by form of serial bonds at such times as such first installment later than three,(3) the last installment F Page 3. 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 issue 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 ttrne (3) years or more after the date of issue of the same; and that said bonds shall be issued and sold by said City, in the manner provided by law. That said bonds shall be in the denomination of $1000.00 each and shall bear interest not in excess of six per cent (6%) per annum payable semi - annually 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 interest as said City Council shall prescribe, and shall be sold by said City Council for not less than par value plus accrued interest, to the highest bidder therefor, after two weeks' published notice of the time and place for receiving bids thereon. That the proceeds from the issuance and sale of said bonds,as received by said City, shall be deposited by it in a fund of said City designated as "Flood Control Project Fund" allocated thereto and subject-to disbursement only for the purpose:- aforesaid, in payment on account of said City's share of the cost and expense of flood control in said City and in matching of funds allocated by the United States Government for that purpose, under said proposed Flood Cori-trol Project Plan as now constituted and as the same shall be amended or extended, .in the manner and for the purpose`, prescribed by said Chapter 685, Session Laws of Minnesota for 1957. That the proceeds of the issuance and sale of said bonds hereby are appropriated thereto and shall be used only in payment of said City's share of the cost and expense of flood control in the City of Saint maul and in matching of funds allocated by the United States Government for that purpose, under said proposed Flood Control Project Plan as now constituted and as the same shall be amended or extended, in the manner and for the purpose; prescribed by Chapter 685, Session Laws of Minnesota for 1957. That said bonds shall be payable in lawful money of the United States of America, at the Of Lice of said City's Commissioner of Finance, in said City of Saint Paul, or at the Office of the Fiscal Agent of said City in either Saint Paul, Minnesota, or New York, New York, at the option of the holder, and the full faith and credit of said City hereby are irrevocably pledged for the prompt and faithful payment of both principal and interest of said bonds. Section 3. That each of said bonds shall be sealed by the facsimile of the Official Seal of said City lithograpY� thereon and signed by the lithographed facsimile signature of Mayor, attested by the lithographed facsimile signature of its City Clerk, and countersigned 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 authorized, directed and required to set aside annually from the revenues of GEORGE—M: SHEPARD �`° F. ` ° • E�1GE1 STREET AND HJGAWAY _ C I T Y O F` S A I N T PA U MLA ~ 9 N d 'CHIEF �ENGINEERIISG COORDINATOR - ;/ Ti is jl �Capii�al bf Minnesota _ _ c g i a; ; - ~ j'.� M1 DEPARTMENL�QF- �PUBLIC .WORKS " - = w 234 City_Hal &- CourtHouse � (2) ` 9 - - r ' g ;l RP _ , sA E V. AVERY ENGINEER c� M ILT O' N R O S E-N; ai iii i i1 1'>i ' I Commissioner�+i;n� ii►i on V W ILL -LkM -? EHRENS LP Deputy Commissioner..... -. November 16, 1960 Mrs. Agnes O'Connel] City Clerk 386 City Nall Saint Paul, Minnesota Dear Mrs. O'Connell: Pursuant to the discussion in the Council Chamber on November 15th, an emergency exists wherein the City must very shortly complete certain actions lest serious delay occur in the Federal appropriation and construction schedule of the Riverview Flood Wall. This required City action consists of furnishing the Corps of Engineers with certain standard assurances of local cooperation on which the Corporation Counsel's office has been working.' We are advised that these must be in the hands of the District Corps office by December 1st. Mr. Swords is aware of this deadline and is working on this basis. My purpose in writing is to call your attention to the pending ordinance pertaining to the $700,000.00 bond issue, a copy of which ordinance is to be part of the material furnished the Corps. We are advised that the final read- ing will be on November 25, 1960, and that six votes will be necessary. It was determined on November 15th that six members of the Council will be present on November 25th so this element seems assured. A special request of the printer should definitely be made, however, so that publication of the ordinance can be made on November 26th. The Corporation Counsel's office has been working on two resolutions which are also necessary, namely one confirming the City's understanding and agreement to certain conditions and one setting up certain funds over and above the $700,000.00 bond issue. Mr. Swords advises that these will be ready within a few days for consideration by the Council and that he will be in a position to transmit all necessary material to the Corps by November 30th. We have the necessary property descriptions assembled and are prepared to begin immediately with condemnation of necessary lands and easements under the terms of agreement with the Corps. We are awaiting only the authorization from them to proceed. This authorization can be forthcoming only after they - receive the assurances of local cooperation previously described. EVA /jv Yo s very truly, cc: Mayor Vavoulis •' Members of the City Council - R. Swords Eugene V. Avery G. M. Shepard Chief Engineer Is 2n // 6 Laid over to 3rd and app Adopte Yeas Nays Yeas Nays DeCourcy Holland Loss Mortinson Y�rPreident ortiI Peterson eterson Rosen Mr. President Vavoulis Vavoulis a 199604