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HomeMy WebLinkAbout80-108 CITY OF LAKEVILLE RESOLUTION Date September 30, 1980 Resolution No. 80-108 Motion by Zaun Seconded. by Nelson RESOLUTION PRESCRIBING FORM FOR CERTIFICATES OF INDEBTEDNESS AND MAKING TAX LEVY WHEREAS, Minnesota Statutes 475.61 requires the council of any municipality issuing obligations to levy by resolution prior to delivery of the obligations a general tax for the payment when due of the principal and interest on the obligations. BE IT RESOLVED BY THE CITY COUNCIL OF LAKEVILLE, MINNESOTA: 1. The City shall forthwith issue its negotiable general obligation street and fire equipment certificates of indebtedness in the amount of $134,600 dated October 1 1980. 2. Such certificates shall be in substantially the following form: CITY OF LAKEVLLLE CERTIFICATE5 OF INDEBTEDNESS OF 1980 DATED OCTOBER 1, 1980 The City of Lakeville, in,the County of Dakota and the State of Minnesota for value received promises to pay to First. Lakville State Bank the principal amounts shown below opposite. the respective stated maturity dates. The interest shall be paid quarterly on January 1, April 1, July 1 and October 31 based on the unpaid balance at the rate of interest opposite the year of maturity as shown below. Maturity Principal'.. Rate of Date Amount Interest October 1, 1981 $26,920..: 7.500" October 1, 1982 $26,920 7.50% October 1, 1983 $26,920 7.500 October 1, 1984 $26,920 7.50 October 1, 1985 $26,920' 7.50 This certificate of indebtedness is issued by authority of a res- olution passed by the City Council of .Lakeville on September 30, 1980. pursuant to Minnesota Sfatutes Section 412.301. The principal and interest of-.this certificate are payable out of the money in the treasury of the City and the full faith and credit of the City are irrevocably pledged for the redemption of this certificate. In testimony whereof the City of Lakeville has caused this cer- tificate to be signed by its mayor and clerk and its corporate seal affixed this 30th day of September, 1980. f Go on Lekson Mayor {SEAL) atrick E. McGarvey Clerk -1- 3. The certificate shall be prepared under the direction of the city clerk and shall be executed on behalf of the City by the sig- nature of the mayor and ctg clerk. When the certificates have been. properly executed, they shall be delivered by the city treasurer to the purchaser on receipt of the purchase price .theretofore agreed upon, and the purchaser shall not be required to see to the application thereof. 4. There is hereby created a special account in the debt service fund which shall be used only for. paying principal and interest on certificates of indebtedness issued pursuant to this resolution. Into this fund. shall be paid all receipts from the taxes levied in this resolution and any. other money appropriated to the fund from any other source. If any principal or interest on the certificates becomes due when there is not sufficient money in the fund to pay it, the city treasurer shall make up the deficit from the general fund of the city and the general fund shall be reimbursed for such advances from the proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. 5. There is hereby created street and fire capital outlay accounts in the General Fund.. Into this fund shall be paid the proceeds of the sale of the certificates authorized by this resolution and from this .fund shall be paid all expenses incurred for the purchase of the street and fire equipment to be financed by such proceeds. 6. For the prompt and full payment of the principal and interest on such certificates of indebtedness when due, the full faith, credit and taxing powers of the city are hereby irrevocably pledged. To provide moneys for such payment, there is hereby levied ,upon all the taxable property in the city a direct, annual, irrepealable, ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of the other general property taxes in the city in the years and amounts as follows: Year Tax Levy 1980 $38,866 1981 $36,746 1982 $34,620 1983 $32,506 1984 $30,386 Such tax levy shall be irrepealable until all of the principal and interest on such certificates are paid. The treasurer is directed to certify to the county auditor of Dakota County om or before October 10 in each year the amount on hand and available from"any source and: which has been appropriated to the sinking fund to be used to pay the principal and interest on these certificates and to direct the .county to reduce the levy for such year by that amount. 7. The city clerk is hereby authorized and directed to file a certified copy of this resolution with the county auditor of Dakota County together with such .information as he shall require and to obtain .from the county auditor a certificate that these certificates of indebted- ness have been entered on his bond register and. the tax has been levied as-required by law. 8. The mayor, city clerk and city treasurer as the officers of the City charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certificate sufficient to meet the requirements of the Internal Revenue Code Section 103(4) and the rules and regulations promulgated under that section. Such certificates shall estate that the proceeds of the certificates of indebtedness will not be used in such a manner as would cause the certificates to be arbitrage bonds. The certificates shall further state that to the. best of the knowledge and belief of the certified officers there are no other facts, estimates or circumstances that would materially change such expectation. -2- y ADOPTED by the City Council this 30th day of September, 1980. CITY OF LAKEVILLE BY Gordon Lekson, ayor ATTEST: / l~~"~ trick E. McGarvey, City Cl -3-