HomeMy WebLinkAbout03-31-19584
Record of Official Proceedings of the Common Council
of the City of Rochester, .Minn., March 31, 1958
OSWALD PU93LISHIN13 CO., NEW UL.. MIN.. 5195
Minutes of an adjourned regular meeting of the Common Council of the
City of Rochester, Minnesota, held. in the Council Chambers, in the City Hall -in
said City, on March 31, 1958.
President Schroeder called the meeting to order at 7:30 o'clock P. M.,
the, following members being present: President Schroeder, Aldermen Briese,
DeWitz, Haas, Kamm, Morris, Tingley. Absent: none.
The City Clerk presented affidavits 'showing publication► of notice of
sale of the $1,500,000 General Obligation Bonds, Series A, and the $1,000,000
Improvement Bonds, Series C, both to be dated as of April 1, 1958, in accordance -
with the resolution providing for such sale at this time and place, adopted
February 3, 1958. Said affidavits were examined and found satisfactory and
directed to be placed on file in the office of the Clerk,
The Clerk then -reported that twelve (12) sealed bids for the purchase
of said bonds had been received at her office prior to the time of this meeting,
which bids were thereupon opened and publicly read and considered, Upon:motio,n:by,:
Moorris,, ; sbcondf by._. Haab ,the same'vere referred Jto? the --Finance Committee, City Clerk
and Attorney who considered and verified same as complying with the -published
advertisement for bids and the highest and best_bid of each bidder was found to be
as follows:
Name and Address of Bidder
or
Interest Rate
Manager of Bidding Account
or Rates
J. P. Morgan & Co. Incorporated
and Associates
2.7575
The Northern Trust Company
and Associates
2. s653o4
Guaranty Trust Company of
New York and Associates
2.746648
The First National Bank of Chicago
and Associates 2.9778125
Phelps, Penn & Co.
Harold E. Wood & Company
and Associates 2.7818
Halsey, Stuart & Co. Inc.
and Associates 2.77764
Kidder Peabody & Co. 2.7890925
Glore, Forgan & Company, Manager
American National Bank, St. Paul, Minn. 2.94103
Harris Trust and Savings Bank
and Associates 2.77014
Continental Illinois National Bank
and Trust Company of Chicago 2.86418
Harriman Ripley & Co., Incorporated
and Associates 2.8328
Premium
1,850.00
602.00
997.50
1
•
11
1
1,162.00
132..50 •
7 55.00
1, 250.00
883.00
16650.63
1,190.00
100.00
White, Weld & Associates 2.73168 none
Alderman Morris then introduced the following resolution which was
reads
1
•
1
1
n
U
1
Record of Official Proceedings of.the Common Council 3:
of the City_. of.Rochester,.Minn.,- March 31, 1958
.M, MINN. Si95
RESOLUTION AWARDING SALE OF
$1, 500,000 'GENERAL OBLIGATION BONDS,
SERIES A, AND $100009000 IMPROVEMENT
BONDS, SERIES C
BE IT RESOLVED by the Common Council of the City of Rochester,
Minnesota:
1. Pursuant to notice of sale .heretofore duly published the
Council has received and considered all bids submitted for the purchase
of $1, 5.00,000 General Obligation Bonds, Series A, ,and $1,000,000
Improvement Bonde, Series C,-of the City of Rochester, both to be dated
as of Ajril 1, 1958, and does hereby find and determine that the highest
and best bid so received is that of White, Weld & Company, of Chicago,
Illinois,,and the associates named therein, to purchase each and all
of said bonds at an aggregate price of par plus accrued interest, ,plus a
premium of $ none , the bonds of each -series maturing in the
respective years set forth below to bear interest at the -annual rates
indicated opposite their maturity years:
A. General Obligation Bonds, Series A;
Maturity Years Interest Rates
19 61 thru 1966 2$
1967 thru 1969 2j%
1970 2.70%
1971 2. 90%
1972 thru 1977 3y�
B. Improvement Bonds. Series C:
196o
1961 thru 1966 2
197o thru 1969 2. %
1971 2.80%
2. Said bonds shall be forthwith issued, sold and delivered upon
the terms specified in said bid, and the Mayor and City Clerk are
hereby authorized and directed to endorse the City's acceptance upon
duplicate copies of. said bid, to file one copy in the office of the
City Clerk, and to return the other to said bidder.
3. The City Treasurer is directed to retain the good faith check
in the amount of $50,000 submitted by said bidder until delivery of
the bonds and payment of the purchase price in full, and to return
o the checks of other bidders to them forthwith.
A motion wgs then made by Alderman Morris that the said resolution be adopted as
read. Alderman Briese seconded the motion and all voting in favor thereof,
President Schroeder declared the said resolution duly passed.and adopted.
A letter signed by Ernest H. Maass, Jr., Chairman of the Program
Committee for the Veterans of Foreign Wars, requesting that the Council take some
advertising space in their convention program booklet, their state.convention
being held in"Rochester the third week in Jun:e;,was read. Upon motion by Haas,
second by Tingley, the matter was referred to the Mayor with authority to act.
All voted in favor thereof.
A letter from the United States Department of the Interior, Fish and
Wildlife Service, requesting an appointment with the Park Superintendent to
discuss certain Federal requirements that must be complied with when handling
migratory waterfowl was read. Upon motion by DeWitz, second by Briese, and all
voting in favor thereof, the same was referred to the Park Board.
A summons and complaint of Minnie A. Rommel, Plaintiff vs. City of
Rochester. Minnesota, defendant, in the amount of $10,000.00 was read and upon
0
motion by Haas, second by Kamm, the same was referred to the City Attorney. All
voted in favor thereof.
�41 Record of Official Proceedings of the' Common ' Council
of the City of Rochester, Minn., March 31, 1959
The resignation of L. G. Schroeder as Justice of the Peace, styled "City
Justice", effective April 1, 1959, to enable him to take over the -duties as
Justice of Peace of the Second Ward, was read and upon motion by DeWitz, second
by Briese, the resignation was accepted.
A letter signed by James J. Macken, Jr. Chief of Police -and C. A.
Armstrong, City Eagiaeer,.recommending approval of the request of. C.C. Pagenhart
to occupy and close part of lot Street Southeast during construction of the
Penney Company store�ln accordance with the following provisibno, was read;
1.. Close the north walk and the entire roadway on lot Street
S. E. between Broadway and the alley during working hours
Monday thru Priday.for a two week period beginning
March 31, 1959-
2. Close the north walk and the north 20 feet of the roadway
for storage of equipment for the balance of the day and
nite during the same period, without providing temporary
sidewalk.
3. Close and occupy the north walk and the north 20 feet of the
roadway for a period of 4 months beginning April .loth and
provide a temporary board sidewalk 4 feet wide with a
railing within the said 20 foot width.
A motion was made by Kamm, second by DeWitz., that the recommendation be approved.
All voted in favor thereof.
The request of John E. Verby, Jr. M.D. to cancel his request for
annexation of the Verby property located just north of the Northwood Addition of
the City of Rochester, as previously described and requested was read. A motion
was made by Kamm that the withdrawal of the application of Dr. Verby be accepted.
DeWitz seconded the motion and all voted in favor thereof.
The -following recommendation of the Airport Commission was read and upon
motion by Haas, second by Tingley, the recommendation was accepted:
"Honorable Members of the
Common Council
City of Rochester
Rochester, Minnesota
Gentlemen:
At a meeting of the Rochester Airport Commission held on March
25, 1959, the following report was submitted by Mr. R. V. Shriek.
Mr. Shriek advised the Commission that Mr. & Mrs. Albert Dahlke
were abandoning further appeal in the Airport Commission proceed-
ings and have requested payment of the jury verdict. Mr. Ehrick
further state& that while the Dahlke's were entitled to interest at
the rate of 6% to March 19, 1957 date of payment, the city was
entitled to a set off of the reasonable rental value �of the premises
farmed by the Dahlke's. After negotiating the matter with Mr.
Dahlke's Attorney, Mr. Shriek reommended that the sum of $1,000.00
as the reasonable rental value of the farm house and the small
acreage farmed by the Dahlke's in 1957-
Mr. Swenson moved the Commission recommend to the Common Council
that the sum of $1,000.00 be accepted as the reasonalbe rental value
of farm property occupied by the Dahlke's in 1957 and that the sum
be deducted in paying the jury's award plus interest. Motion second
by Mr. Schuster with a unanimous vote by the Commission.
Respectfully,
�s 'RED W. SCHUSTER, Chairman
Airport Commission"
The following letter from the Airport Commission was read and upon
1
•
1
1
1
motion by DeWitz, second by Kamm, the same was approved:
r-
Record of Official. Proceedings of the'Common'Council�:
of _the_ City. of. Rochester, Minn.,__ March 31, 19 58
OSWALD PUBLIBHINO CO., NEW ULM, MINN. 5195
"Honorable Members of the
Common Council
City .of Rochester
Rochester, Minnesota
Gentlemen:
At a meeting of the Rochester Airport Commission held. on March 25,
1959, the following report was submitted by Mr. R. Y. Ehrick, ' A motion
iy C. A. Armstrong, second by Ray Schroeder recommending that the
Common Council accept said report.
Mr. Ehrick, Mr. Swenson and Mr. McGhie after consultation with
CeS
Mr. G. F. Thorkelson of the :Thorkelson Farm Management Service gave
the following report on lands that the New Municipal Airport not ,
needed for construction purposes during the year 1958 and available
for farming purposes. ' After a thorough discussion of the *,parcels of
land involved and recommended rates, Armstrong.moved the report be
approved and the Airport Commission recommend to the Common'Council
•
that the various parcels, except parcels #3 and_46 be offered'to the
former owners for a term beginning April 1, 1958 .,and ending December 31,
1958 for cash rent payable one half upon execution of lease and one
half on or before September 1, 1958. Armstrong further moved that
parcel #3 , be offered to Mr. Ray Ringey and that .parcel #6 ;;be offered
to Mr. Edwin Doty.
Attached herewith is a list of the farms, description, total acres
available, acres tillab]D and recommended total rent.
0
Respectfully,
fs Fred Schuster, Chairman
Airport Commission"
A letter from Rochester. West Company submitting two suggested plans for
storm sewer disposal from Country Club Manor was read and upon motion by Haas,
second by Kamm, the same were referred to the Sewer Committee and the City
Engineer. All voted in favor thereof.
The following resolution. adopted by the. Public Utility Board was read
and President Schroeder ordered the same placed on file:
"WHEREAS, the Public Utility Board, on February 25th, 1943 did
adopt an "EMPLOYEE'S PENSION PLAN", subsequently approved by the
Common Council, and
WHEREAS, benefits under this plan are described in "THE EMPLOYEE'S
RETIREMENT REGULATIONS" and such regulations provide that "The Public
Utility Board shall pay such retirement pensions out of their
operating accounts, and, if and when they deem it necessary they may
establish a Sinking Fund to provide for the payment of pensions; and
WHEREAS, the Public Utility Board has deemed it advisable and in
the beat interest of the Department to pay pensions out of operating
accounts up to this time, and
WHEREAS, Local Union No. 949 has requested "that action be taken
•
to place the Pension Plan on an insured or.funded basis, with
provisions to amortize the accrued liability, and
WHEREAS, the Public Utility Board is agreeable to this praceedure,
subject to the limitations of it's current financial position.
THEREFORE, be it and it is hereby resolved by the Public Utility
Board that the Common Council and the Sinking Fund Commission be and
are hereby requested to establish a "SINKING FUND FOR EMPLOYEE'S
PENSIONS -PUBLIC UTILITY DEPARTMENT" and that disbursements from such
fund be limited to pension payments to employees and their dependents
of the Public Utility Department as stipulated in "The Employee's
Retirement Regulations", and
Be it and it is further resolved that the amount of $25,000.00
be and is hereby transferred from the Public Utility Fund to 'the
"Sinking Fund for Employee's Pensions" and that it be the policy
of the Public Utility Board to transfer a like amount annually to
the said Fund until the Fund equals the accrued liability for
pensioners and survivors, and
Be it and it is further resolved that current pension payments
be paid out of operating accounts as heretofore."
The recommendation of the Survey Committee that the petition to vacate
5th Street Southeast from loth Avenue Southeast to llth Avenue Southeast be
I `
6. Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., Marsh 31, 1959 •
OSWALD PUBLIBHINO CO.. NEW ULM, MfNN. 5195
denied was again read. Mrs. Frank W. .Ewert of 431 - llth Avenue S. E. was present
and opposed the vacation of this street. Mr. Joseph Mackey, the petitioner, was
also present and urged that the Council vacate this street. After hearing those
present a motion was*.made by Haas, that the recommendation of the Survey Committee,
that the petition be denied, be approved. Alderman Briese seconded the motion and
all voted in favor thereof.
The following resolution adopted by the Board of Park Commissioners was
read:
"WHEREAS, the City of Rochester, acting through it's Common Council
on the recommendation of the Board of Park Commissioners, has agreed
by resolution adopted on November 4, 1957, to exchange certain lands
•
owned by the City in Silver Lake Park for certain lands owned by Grace..
Lutheran Church, adjacent to andabutting upon Silver Lake Park, and
WHEREAS, as a part of said agreement and in.order to enable the
Grace Lutheran Church to have access -to its' property, it is necessary
that the City grant an Easement for driveway and sidewalk purposes
f rom.the present.park drive in Silver Lake Park to the church property.
NOW THEREFORE, be it resolved by the Board of Park Commissioners
that the following described permanent easement for driveway and side"walk
purposes is hereby approved, and the Common Council is requested to
authorize and direct the Mayor and City Clerk of the City of Rochester
to grant the said easement to the said Grace Lutheran Church as a part
of the consideration for the exchange. The requested easement is
described more particularly as follows:
A permanent easement for driveway and sidewalk purposes over
that part of Lot Thirty-eight (30), State Plat of Section
Thirty-six (36), Township One Hundred seven (107) north of
Range Fourteen (14) west, Olmsted County, Minnesota.
That part of Lot Thirty-eight (38), commencin at a place of
beginning which is Three Hundred Sixty One (31) feet West and
Two hundred Sixty-five and nineteen Hundreds (265,19) feet north
of the southeast corner of Lot Thirty-eight (39), thence West
Two Hundred and Eleven (211) feet to the new park drive, plus
Ten (10) foot radius turn to join to the new park drive, then
from the straight east and west line, north, a distance of
Forty-six (46) feet, plus a Ten (10) foot radius connection
to the park drive and -thence straight east a distance of
Two Hundred Eleven (211)•feet and thence Forty-six (46) feet
south to place of beginning. The South Six (6) feet of described
property to be used for an area to deposit snowat snow plowing
time, and the north Six (6) feet for a sidewalk area. The inter-
mediate Thirty-four (34) feet to be the drive.
BE IT FURTHER RESOLVED that .the Common Council, as a condition to
granting this easement, require the Grace Lutheran Church to enter into an
Agreement with the City to maintain the driveway and 's idewalk in a reason-
able and safe condition for vehicular or pedestrian travel and in the event,
the Church fails to do so, authorizing the .City, or the Park Department,
to repair and maintain the same and charge the costs 'to the Grace Lutheran
Church; and further, requiring the Church to hold the City hartless from
•
any loss for injury -or damage which may result from the use or condition
of said driveway and sidewalk, and requiring the Church to file with the
City Clerk, and maintain in force, a policy of public liability insurance
with the City as a named insured, having bodily injury limits of at least
$50,000/$100,000 and property damage limits of at least $10,000.00.0
Mr. Oscar Ronken, representing the Grace Lutheran Church, was present and stated
that they were certain conditions in the above resolution which they did not agree
with. A motion was made by Haas, second by Briese, that this matter be referred
to the Public Grounds Committee and City Attorney to meet with Mr. Ronken and dis-
cuss same. All voted in favor thereof.
The recommendation of the Street & Alley Committee City Engineer
and the
that the request of Mr. Richard Watson to salvage paper and scrap material at the
City Dump for one month trial upon payment of $135.00 per month be granted subject
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn.,.
OSWALD PUBLISHING CO., NEW ULM. MINN. 9195 -
.to the following regulations was read:
1. That all salvaging will be done below the bank of the dumpSng area.
2. All of the salvager's equipment will be placed not less than
50 feet out from the toe of the dump,
3. The salvager shall conduct his operations so that they interfere
in no way with the normal packing and covering of the dump.
Z7
4. The salvager will save the City free of all liability connection
C�
-in
with his operations.
Upon motion by Haas, second by DeWitt, and all voting in favor thereof, the
recommendation was approved.
The recommendation of the Sewer Committee that the East Center Street
Market at 204 East Center Street be granted the reduced rate of 5 cents per 100
•
cubic feet for clear water from.3 compressors which is discharged into the san-
itary sewer as provided in Ordinance No. 762 was read and upon motion by Haas,
second by Briese, the _recommendation'was approved. All voted in f'avor thereof.
The following recommendation was read and upon'motion by Haas, second
by DeWitt, the same was approved and the City Clerk was instructed to prepare a
resolution ordering the.sald bids:
Honorable Mayor & Common Council
City of Rochester, Minnesota
Gentlemen:
We, the undersigned, recommend that the plans be approved and bids
be advertised for the first meeting in May for the following described
sanitary sewer project:
Construction of a sanitary sewer on 6th St. S.W. from a point
190 feet west to 450 feet west of 15th Ave. S.W.; and in Block
2 Dresbach's Addition, in 14th Ave. S. W., 15th Ave.-S.W.,
8th St. S, W', and along T, H. 52.
This project is known as the "Southwest Trunk Line and Sanitary
Sewer Project". Hearings were held in August, 1951•
. We further recommend that the lots on 6th St. S.W. and Sth St.
S.W. be assessed the same as the average cost for lots in Block 1
and 2 Dresbach's Addition.. It has been previously recommended that
all lots in the project` be assessed $40 per lot as their share of the
trunk line section along the highway.
Respectfully,
( /s H. J.- Briese
Sewer Committee ( /s J. C. Haas
( /s Harold Kamm
The following recommendation of the Street & Alley Committee and City
•
Engineer was read and upon motion by Kamm, second by Tingley, the same was oredered
tabled until the meeting of April 7, 1958:
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Gentlemen:
We, the undersigned, recommend that -the request of -Bert Leitzen
to construct the local improvements in Leitzen's 3rd Subdivision at
his own expense be approved.
We further recommend that the City Engineer be authorized 'to
prepare plans and specifications for these improvements and that a
contract agreement be drawn upon their completion providing for Mr.
Leitzen to do the work at his expense.
The contract shall atipulate,that no houses are to be built until
sewer and water•mainsare installed and the street construction is ad-
vanced to the point that they will be surfaced before the house is
occupied.
The description of the project ,will be "Sanitary Sewer, Storm Sewer,
Water Main,'Service Connections, Street Grading and Bituminous
Surfacing on 13th St. Northeast in Leit.zen's 3rd Subdivision.
Respectfully,
/ s J. C. Haas
•
S & A Committee /s Harold Kamm
/s H.J.Brie8e
24 .' Record of Official Proceedings of the' Common' Council
of the City of Rochester, Minn., March 31, 19 58
The recommendation following of the Water Committee was read and upon
motion by Haas, second by Kamm, the same was accepted, all voted in favor thereof.
"Honorable Mayor & Common Council
City of Rochester, Minnesota
Job 5603
N. E. Service Area
Water Supply
Gentlemen:
In the matter of financial arrangements and assessments against
beaef ited property for the proposed water supply reservoir, and
Trunk Line Water Mains to serve the High District of the Northeast
Service Area, we have met with Messrs. Krofchalk, Pierce and Hodge.
We recommend that the project be deemed feasibel and the pro-
ceedings continued, with the assessments to be made on the following
basis:
1. The Northern Heights area on which the preliminary plat
Is drawn,(approximately, 100 acres) and the Mohn and Hodge
area, (approximately 50 acres) pay in advance of the
construction contract an amount equal to 25% of the
estimated assessments on these tracts.
2. The otJaer 75% of each tract °s respective assessment to be
assessed against the property and spread over a: 10 year
period.
3. All other lands in the benefited area be assessed on the
same basis.
Itespectfully,
( /s H. J. Briese
Water Committee ( Zs J. C. Haas
( /s Harold Kamm"
The recommendation of the Police Committee that a full time man be
employed to assist the city painter was read and upon motion by Tingley, second by
DeWitz, the recommendation was approved. All voted in favor thereof.
A letter.fr.om .the Rochester Police Civil Service Commission recommending
that 13 men be added to the Rochester P-oli-ce Department•, -in"easing the department
by eleven patrolmen, -one new police captain and one new assistant superintendent
of the Juvenile Division was read together with the recommendation of the Police
Committee making the same recommendations. Upon motion by Tingley, second by
Briese, the recommendation was approved and the City Attorney was instructed to
prepare an ordinance making the requested changes. All voted in favor thereof.
A report from the Planning and Zoning Commission on the final plat of
Sunset Terrace 2nd Addition listing the following information and stating that
when these conditions have been met, they will submit another recommendation, was
read and upon motion by DeWitz, second by Tingley, the same was tabled:
1. The. name of the plat should be changed to read .Sunset Terrace
2nd Addition.
2. The street called 20th Avenue N. W. on this plat, shall be
made to extend from 18* Street N. W. to 19th Street N. W.
3. The street numbering shall be changed as follows:
a. 20th Avenue N. W. shall be numbered 21st Avenue N. W.
b. 16th Street N. W. shall be called.Valleyhigh Drive.
4. The Board of Education has requested that an option be taken to
pruchase a school site in this addition. After further consu]tation!
with the Sutp. of Schools it was decided that the school site
should contain the following described lands:
a. All of Blocks 4.and 5 of Sunset Terrace 2nd Addition
including the proposed street right-of-way for 17th Street
N. W. from 19th Ave. N.W. to 21st Ave. N.W. (shown as 20th
Avenue N. W. on preliminary plat)
b. Also Lots 1 and 2 Block 11 and Lots 1 and 2 Block 12
of Sunset Terrace Addition.
5. The alignment of 16J Street N.-W. shall be revised to conform to
the approved preliminary plan.
1
•
1
•
1
1
U".)
CC?
•
1
11
•
1
Record of. Official Proceedings of the Common Council.
of the City of Rochester, .Minn., - March 31, 1959
.M. MINN. 5195 -
The report_ of the Planning & Zoning Commission regarding the petition
to annex the Hall property N. W. and requesting the following requirements to be
made before the same be annexed was read and President Schroeder ordered the same
placed on.file:
1. The following described lands should be acquired for street
right-of-way purposes.
a. A strip of land 17 f t. wide on the south side of
14th -St. N. W. from 19 th Ave. N. W. to V. S. 52,
This land involves the Gas Co. but is necessary to
complete the street plan.
b. A strip of land 50 ft. side on the east side of
19th Avenue N. W. from 7th Street N. W. to 14th
Street N. W.
2. A plat should be submitted of this parcel of land'.
A report from the Planning and Zoning Commission -calling -to the atten-
tion of the Council that Mr. Bert:Leitzen.had appeared at a meeting;:of the
Commission to discuss a problem concerning zoning and future street needs in the
area where he is planning to moire his concrete block business and that the City
Planning Director had been instructed to prepare a layout map of this area for
consideration, was read and President Schroeder -ordered the same placed on file.
A motion was then made by Tingley; second by DeWitz, that the matter of
Mr. Leltzen moving his concrete block business, which was to have been done by
Apr UM 1, 1958, be referred to the City Attorney for investigation; All voted in
favor of the motion.
A letter from the Planning and Zoning Commission calling attention to
the two following resolutions adopted by Cascade Township, and recommending that
the Common Council work with the town boards in establishing a City=Township
Planning -Commission was read:
1. Cascade Township agreed that the road from highway 14 to highway
63 as shown on planning map is necessary and should follow
property lines if possible, also recommends that the County_
Commissioners and City Officials take steps necessary for
laying out said road.
2. Motion passed and adopted that the Cascade Planning'Committee
arrange to meet with the City Planning Commissionand all
townships interested in joint planning."
A motion was then made by Alderman Kamm that the Mayor, together -with Mr. Grue
President of the Planning and Zoning Commission, send a letter of recognition to
the -Cascade Township -on the two above motions and express the desire to cooperate
with them on all mutual problems. Alderman Briese seconded the motion and all
voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the
proposed replat of the area from 5th Avenue Southeast to 9th Avenue Southeast
and Bear Creek to 6th Street Southeast be approved and the owners involved be
Invited to meet with the Planning Director to work out the replatting details was
read and upon motion by Haas, second by Briese, the same was referred to the
Survey Committee. All voted in favor thereof.
The recommendation of the Planning and Zoning Commission that the
Record of Official Proceedings of the Common Council
of the..City of Rochester, Minn., March 31, 1958
OSWALD PUBLIBNINO CO., NEW ULM, MINN. 5195
petition to vacate 5th Street Southeast from Sth Avenue S.. E. to 9th Avenue S-E.
be denied for the following reasons (1) that part• of- 5th Street lying east of
Bear Creek is being used as a drainageway for Mayo Run and (2) that part of 5th
Street lying west of Bear Creek is presently vacant, but will be needed for public
purposes under a proposed replatting, was read and upon motion by Haas, second by
Morris. the .same was referred -to the Survey Committee. All voted in favor thereof.
The recommendation of the Survey Committee that they had reviewed the
need for acquiring additional lands for street purposes in Edgewood Addition and
recommend that .(1) the lands shown on the attached map, which- are owned by Mr.
Bowers and Mr. Nelson, shall be condemened for street purposes and (2) the cost
for acquiring said lands shall be assessed against the properties benefited, namely
Edgewood Addition, Mr. Bower's property and Mr. Nelson's property, was read and upon
motion by Tingley, second by Kamm, the recommendation was approved and the City
Attorney was instructed to prepare a resolution starting the condemnation proceed-
ings. All voted in favor thereof.
Vice
A letter signed by Andrew E. Towey,/President of Rochester West Company,
filing the original plat of Country Club Manor Second Addition was read and upon
motio3h by Haas, second by Tingley, the plat was referred to the Planning and Zoning
Commission. All voted in favor thereof.
The following applications for 00n Sale" License to sell intoxicating
liquors.were each read and upon motion by Tingley, second by Kamm, the licenses
were grantedt Harry H- Drosos and Harry R. Drosos dba Harry's Bar; Erwin A.
Glasenapp-Normandy Bar; Edna M. Rubenstein dba Tropic Lounge; William J. yoriarity
dba Alibi Ina; Evert J. Meyers - Roxy Bar; The Kahler Corporation-Hemiephele Room;
Harold A. and Walton E. Witzke dba The Town House; George M. Pappas dba Michael's
Supper Club, Inc.; Edward S. Webster dba Morey's Bar & Cafe Inc.; Donald G. Witzke
dba Heidelberg Bar; Joseph W. Hamm dba Jerry's Bar; Joe P. Grubb dba North Star
Bar; Arthur A. Rudloff dba Louis's Bar; Gertrude John dba Hollywood Bar; Paul A.
Laura A. and Carlton D. Grassle dba Carlton Hotel; Wm. T. McCoy Post #92 American
Legion; V. F. W. Whitlock Sonnenberg Post #1215; A. F. of L. Union Club, Inc.;
Fraternal Order of Pagles, Zumbro Aerie #2228 and B. P. 0. Elks Lodge #1091 Inc.
The following on sale liquor license bonds were -each read and upon motion
by Tingley, second by Morris, the same were approved, the surety thereon accepted
and the same were ordered placed on filet Harry H. and Harry R. Drosos, Edward
Webster, The Kahler Corporation, Edna M. Rubenstein, Fraternal Order of Eagles,
and B. P. 0. Elks Lodge #1091 each in the amount of $3, 000.00 with the Western
Surety Company as surety; Gertrude John, Arthur Rudloff, Joseph W. Hamm, Donald
Witzke and Everett J. Meyers each in the amount of $3,000,00 with the Standard
Accident Insurance Company of Detroit as surety; Whitlock Sonnenberg Post 1215
1
1
1
C1
i Record of Official Proceedings of the Common Council
of the City of Rochester, .Minn., March 31, 19W
1
•
1
1
Veterans of Foreign Wars Inc., A. F. of L. Union Club, Michael's Supper Club, Inc.l
and Harold A. and Walton E. Witzke each in the amount of $3,000,00 with the
Hartford Accident and Indemnity Company as surety; Hotel Carlton and Joe P. Grubb
each in the amount of $3,000.00 with the American Surety Company of New York as
surety; William J. Moriarity in the amount of $3,000..00 with the St. Paul Fire
and Marine Insurance Company as surety; Erwin A. Glasenapp in the amount of
$3,000.00 with the National Indemnity Company as surety and Wm. T.'McCoy Post #92
American Legion in the amount of ,$3,000.00 with the Travelers Indemnity Company
as surety,
The followffing resolutions were each introduced and read and all voting
In favor thereof, President Schroeder declared the same duly passed and adopted:
Resolution authorizing and directing the Mayor and City Clerk to
execute_ leases on various parcels of land for New Municipal Alprort not needed for
construction.purposes during the growing season of 1958. Upon motion by Briese,
second .by DeWitz, resolution adopted.
Resolution appropriating $55,243.33 from the General.Fund and ordering
payment made to Albert P. Dahlke, Nora Dahlke and Foley and Foley their Attorneys.
Upon motion by DeWitz, second by Haas, resolution adopted.
Resolution granting one public &a.nce permit to Gener Thompson. Upon
motion by Haas., second by Kamm, resolution adopted,.
Resolution approving the resolution adopted by the Public Utility Board
on March 25, 1958 re Employees Pension Plan. Upon motion by Kamm, second by
Morris, resolution adopted.
Resolution appropriating $2,662.47 from the Park Improvement Fund and
$878.40 from the F. E. Williams Estate Fund and ordering payment made to Mayo
Civic Auditorium Revolving Fund $1,906.4; City of Rochester, P. U., $756.00; and
Mayo Civic Auditorium $878.40. Upon motion by Morris, second by Tingley,
resolution adopted. -
Resolution appropriating $84,713*49 from the Sinking Fund and ordering
payment made to the Sewer Fund. Upon motion by,Tingley, second by Briese,
resolution adopted.
Alderman Tingley introduced the following resolution which was read:
"Be it resolved by the Common Council of the City of Rochester,
Minnesota that this meeting at which bids are being opened for the
sale of the first installment of the City's General Improvement
Bond Issue, is a fitting occasion to remember and acknowledge the
indebtedness which this ,Council and the people of the City of
Rochester owe to former Alderman A. G. Whiting, whose tireless
efforts were in a large measure responsible for bringing to fruition
this Bond Issue and the many worthwhile projects the construction,
of which it will finance.
Mr. Whiting ably served the City as Alderman from the Second Ward
from December, 1952 through September, 1957 when personal reasons
compelled him to resign shortly after the beginning of his third term.
In addition to his service as Alderman, he served as a member of the
•
25Z Record of Official Proceedings of. the Common Council
of the City,of Rochester, .Minn., March 31, 1959
Public Utility Board and was-instrumental•in negotiating and
establishing the City's first electric power interconnection with
the Dalryland Power Cooperative.
Mr. Whiting will always be remembered as an outspoken and
forthright representative of the people: His painstaking develop-
ment of the factual foundation for thoughtful and' intelligent
dondsideration of the many tasks and problems .confronting the
Council proved invaluable and resulted in high standards of
legislative action.
Perhaps the qualities which most typified Mr. Whiting's service
as an Alderman are his integrity on the one hand and on the other
hand his tenacity in following every project assigned or assumed
by him to a final conclusion. His persistence and energy in seeing
a matter through to the finish resulted in the accomplishment in
many worthwhile projects for the City, among which the following
will be recalled:.
1. Widening and paving Third Avenue Southeast.
2. Paving of First Avenue Southwest.
3. Negotiation of contracts with the City services with
International Business Machines.
4. Work toward establishment of equitable assessments
on local'improvemgnt projects.
5. Bridge and new road work on 7th Street Northeast from
Second to Eleventh Avenue Northeast.
6. Improvement of job classification and salary structure.
The people of Rochester sustained a great loss when Mr. Whiting
found it necessary to resign. But the recollection of the Common
Council at this time and undoubtedly the recollection of the many
city employees with whom he became closely associated is that of a
selfless public servant who devoted many years of his life in*
improving Rmhester and its City Government. The Common Council is
proud to express its gratitude to Mr. Whiting in behalf of the
people of the City of Rochester.
Be it further resolved that a.copy of this resolution be spread
on the minutes of this meeting and that a copy be sent to Mr. A. Go
Whiting."
by Alderman Morris
A motion was then made/that the.above resolution be.adopted as read, Alderman
(Tingley seconded the motion and all voting in favor thereof, 'President Schroeder
declared the said resolution duly passed and adopted.
An Ordinance providing for the formation and.government of the' Police
Department of the City of Rochester, Minnesota, was given its first reading.
An Ordinance annexing to the City of Rochester, Minnesota, a part of
the North one-half • of -the Northwest one -quarter; Section Twenty-five, Township One
Hundred Seven North, Range Fourteen West, in Olmsted -County, Minnesota, was given
its first reading.
✓ An Ordinance granting to Rochester Video, Inc. a non-exclusive franchise
to erect, maintain and operate transmission cables and distribution facilities
along the streets of the City of Rochester for the purpose of transmitting, dis-
tributing and selling television impulses and televesion energy to the people of
the City of Rochester, and prescribing the terms and conditions of such franchise,
was given its first reading.
{ Opon motion by Haas, second by DeWitz, and upon roll call and all voting
in favor thereof, the rules.were suspended and the ordinance was given its second
reading.
`/ A letter from Clarence Peterson requesting permission to connect to the
sewer on 7th St. No W. which goes past the Hall property where he is going to park
1
CJ
1
1
U
1
Is, trailer was read and upon motion by Kamm, second by Hass, the same was referre&
• Record of. Official Proceedings of the Common Council
of the ..City . of Rochester, Minn., March 31, 1959
1
1
•
1
to the Sewer Committee and the City Engineer. All voted in favor thereof...
Alderman Tingley introduced the following resolution which was read:
RESOLUTION ESTABLISHING FORM AND
DETAILS OF $1,500,000 GENERAL
OBLIGATION BONDS, SERIES A, AND
LEVYING TARES FOR THE PAYMENT
THEREOF.
BE IT RESOLVED by the Common Council of the City of Rochester, Minn-
esota:
1. It is hereby found and determined:
(a) That the electors of the City, at the special election called and
held July 16, 19 57, by the requisite majority of votes cast upon each pro-
position, authorized the -issuance of negotiable coupon general obligation
bonds of the City in the amounts and for the purposes, and to mature in the
respective years and amounts set forth below:
•Street
Sewage Dis-
Storm
Swimming
Maturity
System
posal Plant
Sewer
Pool
Years
Bonds
Bonds
Bonds
Bonds
Total
196o
$ L- s2, 600
$ 19, 600
$ - 24, goo
$ 5,000
$ 132,000
1961
1962
95,000
20,000
20,000
25,000
5, Ooo
135, 000 �-
1963
90,000
25,000
5,000
140,000.
1964
90,000
100,000
20,000
25,0002
MOO
1401000
1965
25,000,
25,000
5,000
155,000
.100,000
25,000
30,000
5,000
160,000
1966
1967
l00;000
110,000
25,000
30,000
5,000
16o,000
196s
110,000
30,000
30,000
10.000
180,000
1969
120,000
30,000
30,000
1.0,000
lgo,000
30,000
35,000
10,000
195,000
1970
120,000
30,000
35,000
15,000
200,000
1971
1972
130,000-
130,000
35,000
35,000
,000
,000
15,000
10,000
215,000
215,000.
1973
14o,000
35,000
40,000
10,000,
225,000
19 74
14o; 000 :
4o, 000
4o, 000
15,000
23 5, 000
5
197150:000
4o,000
45,000
15,000
250,000
6
150, 000
45,000
45,000
15,000
255,000
1977
160, 000
45.000
50,000
15,000
270,000
Total
$2,107, 600
$549,, 600
.
%6o9, goo
$175, 000
$3,'442.000
(b) For the purpose of paying expenses incurred and to. be incurred in the
near future on the projects for which said. bonds were authorized, it is
necessary at this time.for the City to issue bonds in the aggregate amount of
$1,500,000, pursuant to said authorization, including $300,400 for the street
system, $75,000 for storm sewers, and the entire amounts of $549,600-author-
ized for the sewage disposal plant and $175,000 authorized for the municipal
swimming pool., and it is deemed in the best.interest of the City -and it has
been deemed in the best interest of the City to combine said bonds in a single
issue in the amount of $1,500,000, designate.as the "General Obligation Bonds;
Series "A", and said bonds have been duly advertised at public sale and sold
In accordance with the most favorable bid received therefor, and it is now
necessary to establish the exact form and details thereof in accordance with
the authorization by the electors and the contract of sale.
(c) That the sewage disposal plant of the City of Rochester is now and
will continue to be owned and operated by it as a revenue -producing public
utility and convenience; that by the provisions of Minnesota Statutes 19-57,
Section 475*51, Subdivision 4 (3), the bonds authorized for the improvement
of said plant are excluded f ro.m the "net debt" of the City, for the purpose
of determining the application of limitations upon its indebtedness; that
the remaining amount of bonds authorized at said election -with all outatand-
ing.indebtedness, does not exceed any such limitation; and that from and
afterthe issuance of said General Obligation Bonds, Series A, so much of the
amount thereof maturing in each year as shall equal the amount authorized by
the electors to mature in such year, for the purpose of the sewage disposal
Plant, and no more, shall be excluded from "net debt" for the purpose of
said limitations.
2. Said General Obligation Bonds, Series A, shall be dated as of
Bpril 1, 1959, shall be 1500 in number and numbered from 1 to 1500, Inclusive
shall bear interest at the respective annual rates set forth opposite their
maturity years below, payable January 1, 1959, and semiannually thereafter on
July 1 and January l of each year:until paid, and shall mature serially,
without option of prior payment, on January 1, in the years and amounts
as follows:
0
40 a Record of Official Proceedings of the -Common Council
of the City -of Rochester, Minn., March 31, 1959
OSWALD PUBLISHING CO., NEW ULM, MINN. 5195
Maturity Years
Amounts
Int. Rates
Maturity
Years Amounts
Int. Rates
1960
$132,000
5
1969
$ $0,000
2.1d
1961
5g, 000
24
1970
0,000
2.70%
1962
60,o00
2 %
1971
$06000
2.80 %
1963
TO',000
2 %
1972
90,000
3%
1964
70,000
%
197
90.000
3%
196 5
70,000
2
19T4
90.000
3%
1966
70,000
2 I
1975
100,000
3%
1967
80,000
2 %
1976
100,000
3%
196s
30,000
21%
19TT
100,000
3%
The principal thereof and the interest thereon shall be payable at The
Guaranty Trust Company of Hew.York in New York City, New Yor, or, at -the option
of the holder, at the Northwestern National Bank of Rochester, in Rochester,
Minnesota, and the City Hereby agrees to pay the reasonable and customary
charges of said paying agent for the receipt and disbursement of the principal
and interest moneys. -The City Clerk and her successors in office are hereby
authorized and directed to procure, establish and maintain a register suitable
for the registration of any of said bonds, as to principal only, upon request
therefor by the holder of any bond, and each and all of said bonds shall be
registrable, as to the ownership of principal only in the manner set forth in
the form of bond provided below.
3. Said bonds and the interest coupons to be attached thereto and
the registration forms to appear on the backs thereof shall be in substantially
the following form, with suitable insertions of dates, numbers and interest
rates:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OLMSTED
CITY OF ROCHESTER
GENERAL OBLIGATION BOND,
SERIES A
No. $1, 000
KNOW ALL MEN BY THESE PRESENTS, that the City of Rochester, in the
County of Olmsted and -State of Minnesota, acknowledges itself indebted and
for value received promises to pay -to bearer or,' if this bond is registered,
to the registered holder hereof, the principal sum of ONE THOUSAND DOLLARS
on the- lst day of January, 19 , without option of prior payment, and
promises to pay interest on said principal sum from the date hereof until
said principal sum is paid, at the rate of per cent
%) per annum, payable January 1, 1959, and semiannually thereafter on
July 1 and January 1 of each year, interest to maturity being payable in
accordance with, and on presentation and surrender of, the interest coupons
appurtenant hereto. Both principal and interest are payable at
in ,
and are payable in any coin or currency of the United
States of America which on the date of payment is legal tender for public and
private debts. For the prompt and full payment of such principal and inter-
est, the full faith, credit and unlimited taxing powers of the City of Roches-
ter have been and are hereby irrevocably pledged. -
This bond•is one of a series in the total principal amount of
$1,500,0.00, all of like'date and tenor except as to serial number, interest
rate and maturity -date, issued by said City for the purpose of providing the
sum of $300,400 for the improvement �of streets; $549,600 for the enlargement
of the municipal sewage dis oral plant, a public convenience and utility from
which revenue is derived; $475,000 for the improvement and extension of the
storm sewer system; and $175,000 for the acquisition and equipment of a muni-
cipal swimming pool. The bonds of this series are issued pursuant to due
authorization of bonds for each of said purposes by the Common Council of the
City and'by the favorable vote of more than the requisite majority of the
qualified electors -of the City voting on each of said propositions at an elec-
tion duly and legally called and held therein, and pursuant to and in full
conformity with -the provisions of the'Constitution and laws of the State of
Minnesota and the Charter of the City thereupto enabling.. The aggregate
principal amount of bonds authorized at said election is $3,442,000.
This bond is transferable by delivery, except while registered as
to principal in the name of a holder on the bond register of the City kept
for that purpose at the office of Its -City Clerk with such registration
noted hereon by said Clerk. While so registered, no transfer hereof'shall
be valid unless made on such register by the registered holder in person or
by his attorney duly authorized in writing and similarly noted hereon; but
this bond may be discharged from registration by being in like manner trans-
ferred to bearer, and thereupon transferability by delivery shall.be restored;
but the bond may again and from time to time be registered.in the name of a
holder or transferred to bearer as before. Such registration shall not af-
1
•
1
1
•
1
0
Record of Official Proceedings of the Common Council
of the City of Rochester,. Minn., March 31,, 1958
i
•
1
feet the negotiability of the interest coupons appurtenant hereto, which
shall always continue to be payable to bearer and transferable by delivery.
IT IS HEREBY CERTIFIED ARID RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota and
the Charter of the City to be done, to happen, to exist and be performed
precedent to and in the issuance of this bond, in order to make it a valid
general obligation of the City according to its terms, have been done, have
happened, do .exist, and'have been performed in regular and due form, time
and manner so required; that the issuance of this bond did not cause the
indebtedness of said City to exceed any constitutional, statutory or charter
limitation; that, prior to the issuance hereof, a direct, annual, ad valorem
tax has been duly levied upon all taxable property in said City for the years
and in amounts at least 5% in excess of sums sufficient to pay the interest
hereon and the principal hereof as'they respectively become due, and addi-
tional taxes, if needed,. will.be levied upon all of such.property, wihtout
limitations as to rate or amount; that the City has by ordinance established
rates and charges to be imposed and collected for the services and facilities
to be provided by said sewage disposal plant, and net revenues th-ereof may
be appropriated from time to time to the payment of said bonds, to be used
for cancellation and reduction of said levies; and that said tax levies are
irrevocable, save and except'to the extent that moneys are provided by said
net reveneues or from other sources and irrevocably appropriated and paid
into the special Sinking Fund Account heretofore created within the.'municipal
Sinking Fund for the payment of said bonds and interest thereon.
IN WITNESS VMREOF the City of Rochester, Minnesota, has caus'e'd this
bond to be executed in its behalf by the facsimile signature of its Mayor
and by the manual signature of its City Clerk and its official seal to be
affixed, and the interest coupons appurtenant hereto to be executed and
authenticated by the facsimile signatures of the said Mayor and City Clerk,
and this bond to be dated as of April 1, 1959.
(Facsimile of Mayor's signature)
_ (Place for signature of City Clerk) Mayor
City Clerk
( SEAL)
(Form of Coupon)
No.
On the 1st day of January (July), 19 , the City of Rochester,
Minnesota, will pay to bearer at
in -
the sum of DOLLARS
for interest then due on its General Obligation Bond, Series A, dated April
1, 1959, No.
(Facsimile signature)
(Facsimile signature) Mayor
Clerk
(Form of text and -.-grill for registration
to appear -on the back of each bond)
The within bond has been registered, as to ownership of principal
only, on the bond -register kept at the office.of the City Clerk in Rochester,
Minnesota,
NO WRITING HEREON EXCEPT
Date Registered Owner
BY THE CITY CLERK
Signature of Clerk
4. Said bonds shall be prepared for execution under the direction
Of the City Clerk and attorneys, and when so prepared shall be executed in
behalf of the City by the facsimile signature of the Mayor being engraved
printed or lithographed thereon and by the manual signature of the City Clerk,
who shall affix the official seal to eacll .of said bonds; and the interest; cou-
pons shall be executed and authenticated by the; printed, engraved or litho-
graphed facsimile signature of the Mayor and City Clerk. When the' bonds have
been so executed,'they shall be delivered by the City Treasurer to the
purchaser upon receipt of the purchase price heretof are agreed upon, and the
purchaser shall not be required to see to the application thereof.
5 - Record of Official .Proceedings of the ' Common Council
of the City of Rochester, Minn., March 31, 1958
OHWALD P118 L18 HIND CD., NEW 11LM. MIN N. 5f95
5. There is hereby created within the municipal Sinking Fund a
separate and special account to be designated as the "General Obligation Bond
Account", to be used solely for the payment of the principal of and interest
on the bonds herein authorized, and on any additional generl obligation bonds
hereafter designated by the Common Council; provided that if any payment of
principal or interest on said bonds shall become due -when there is not suf-
ficient money in said account therefor, the Treasurer shall pay the same from
moneys in any other fund of City, and such other funds may be reimbursed for
such advances out of the proceeds of the taxes herein levied which are -there-
after received. There are hereby irrevocably appropriated to said account
(a) all accrued interest and any premium received by the City upon the
delivery of said bonds to the purchaser thereof, and (b) all sums collected
on the taxes .herein levied. The City reserves the right to appropriate
additional moneys f rom any other source, from time to time, including net
revenues of the sewage disposal plant in excess of those required and
appropriated for the payment of the Sewage Disposal Plant Bonds dated
July 1, 1950.
For the prompt and full payment of the principal of and interest
on said onds as suc payments respectively fall due, the full faith, credit
and unlimited taxing powers of the City shall be and are hereby irrevocably
pledged. To'provide moneys for such payments,'there is hereby levied upon
all the taxable properties within the territorial limits of the City a direct,
annual, ad valasm tax which shall be spread upon the tax rolls and collected
as a part of other general taxes of the City for the years (collectible in the
respective -ensuing years) and in the amounts as follows:
Year
Amount,
Year
_ Amount
1959
$ 217,700
1967
$ 108,700
1959
99,200
1968,
106,6600
196o
99,900
1969
1o4,300
3L961
109,000_
1970
112,450
1962
107, 300
1971
ion -3,94, 6 o o
1963
105,700
1972
lo6,80o
1964
lo4,000
1973
114946o
�99665
112,900
1974
111,300
6
110,S00
1975
1099200
Said levies are hereby made and declared to be irrevocable as long as any of
said bonds are outstanding, save and except that the City hereby expressly
reserves the right and power to reduce any of the above levies at the time and
in the manner and to the extent permitted by Minnesota Statutes 1947, Section
475. 61.
7. The City. Clerk is hereby authorized and directed to file with the
County Audtior of Olmsted County, Minnesota, a certified copy of this resolu-
tion, together with such other information as the County Auditor may require,
and to obtain from the County Auditor a certificate that the tax required by
law for the payment of said bonds has been levied and that said bonds have
been entere& upon his bond register.
89 The officers of the City and the County Auditor of Olmsted
County are hereby authorized and directed to prepare and furnish to the pur-
chaser of said bonds, and to the attorneys approving the legality of the issu-
ance thereof, certified copies of all proceedings and records of the City
relating to said bonds and to the financial condition and affairs of the City
and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality -and marketability of the bonds as
the same appear from the books and records under their custody and control
or as otherwise known to them, and all such certified copies, certificates,
and affidavits, including any heretofore furnished, shall be deemed representa-
tions of the City as to the truth of the facts purported to be shown therein.
A motion was then made by Alderman Haas that the above resolution be adopted as
read. Alderman Kamm seconded the motion and upon roll call and all voting in
favor thereof, President Schroeder declared the said resolution duly passed and
adopted.
Alderman Tingley introduced the following resolution which was
read:
•
0
Record of Official:- Proceedings of the. Common Council
of the City of Rochester, Minn., March 31,. 1958
1
•
1
1
•
1
RESOLUTION AUTHORIZING AND DIRECTING
THE ISSUANCE OF IMPROVEMENT BONDS,
SERIES C, PAYABLE FROM THE IMPROVEMENT
BOND ACCOUNT OF THE SINKING FUND, AND
APPROPRIATING SPECIAL ASSESSMENTS AND
TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the Common Council of the City of Rochester,
Minnesota:
1. It is hereby found and determined that the City has heretofore
ordered and contracted for the construction of various local improvements and
has determined the area proposed to be assessed therefor, after proper hear-
ing and advertisement for bids, in accordance with the provisions of Minnesota
Statutes 1957, Chapter 429; that the total benefits resulting from each of
said improvements to the properties within the area assessable therefor is
not less than the cost thereof, and the City now has full power and authority
to finance the same by the levy of special assessments upon such properties
and, to the extent to be determined by the Council, by the levy of ad valorem
taxes on all taxable property within its corporate limits, for the payment of
such portions of the cost as should be borne by the City at large, or such
portions of the cost of water and sewer improvements as should be deferred for
assessment at a later date; that it is necessary and expedient for the City at
this time to issue its negotiable coupon general obligation improvement bonds
Pursuant to said Chapter 429 in the principal amount of $1,000,000•, to pay
expenses necessarily incurred and to be incurred in connection with said im-
provements, which bonds have been duly advertised and sold at public sale;
that it is necessary to establish the precise form and details of said bonds
as hereinafter provided, in accordance with the contract of sale heretofore
made; and that the general nature of each of said improvements, the project
number heretofore assigned thereto and the total cost thereof as presently
estimated are as.follows:
A. Improvements Proposed to be Assessed in
Ten Installments.
Nature Project Number
Water main, sanitary sewer, storm 5702
sewer, service connections and 5703
grading 5709
Water main, sanitary sewer and 570
grading 570Z
Sanitary Sewer,grading and surfacing 5422
Water tower, site, foundation, con-
necting piping and trunk line 5717
Water main and sanitary sewer 5615
Sanitary sewer 5208
B. Improvements Proposed to be Assessed in
Five` Installments.
Nature
Grading and surfacing
Water storage standpipe
Sanitary Sewers
Pro ject . Number
5715
5632
5801
5710
5316
5 50 2A
5015
5208A
5619A
5209
.Estimated
Cost
$ 3 55, 5o 6, o4
7b,807.s6
253.36o.36
189, 337- 46
17.33 5.30
6. 512• 97
180,347.58
149276.69
104'.641. So
Estimated
Cost
100207.80
3, 900.15
52,900.00
135, 772.44
957.32
5,17 3.. 3 8
17, 886.41
5,6oO.25
13, 603-. 57
3,317.00
2. Said bonds shall be designated as °Improvement Bonds, Series 00,
shall be 1000 in number and numbered from 1 to 100o, inclusive, each is the
denomination of $1,000 and in the aggregate principal amount of $1,000,000.
and shall be dated as of April 1, 1958. Said bonds shall bear interest at the
respective annual rates set forth opposite their maturity years below, payalbe
January 1, 1959, and semiannually thereafter on July 1 and January 1 of each
year, and shall mature serially, without option.of prior payment, on January
1 in the years and amounts as follows:
0
Record of Official Proceedings of the Common Council
of the City.of Rochester, Minn., March. 31, 1958
Maturity Interest Maturity Interest
Years Amounts Rates Years Amounts Rates
1960 $ 95,000 5 % 1966 $ 95.000 21%
1961 95,000 2 % 1967 95,000 21%
1962 95,000 2 % 1969 95,000 2 %
1963 8 5, 000 2 % 1969 9 5, 000 2 %
,
1964 85,000 2 % 1970 7 5, 000 2. 70%
1965 95,000 2$% 1971 75.000 2.80%
The principal thereof and the interest thereon shall be payalbe at The Guaranty
Trust Company of New York in New York City, New York or, at the option of the
holder, at the Northwestern National Bank of Rochester, in Rochester, Minnesota,
and the City hereby agrees to pay the reasonable.and customary charges of said
paying agent for the receipt and disbursement of the -principal and interest
moneys. The City Clerk and her successors in office are hereby authorised and
directed to procure, establish and maintain a register suitable for the
registration of any of said bonds, as to principal only, upon request therefor
•
by the holder of any bond, and each and all of said bonds shall be registrable,
as to the ownership of principal only in the manner set forth in the form of bond
provided below.
3. Said bonds and the interest coupons to be attached thereto and the
registration forms to appear on the backs thereof shall be in substantially the
following form, with suitable insertions of dates, numbers and interest rates%
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF OLMSTED
CITY OF ROCHESTER
IMPROVEMENT BOND, SERIES C
No. $1, 000
KNOW ALL MEN BY THESE PRESENTS that the City of Rochester, in the
County of Olmsted and State of Minnesota, acknowledges itself indebted and
for value received promises to pay to bearer or, if this bond is registered,
to the registered holder hereof, the principal sum of ONE THOUSAND DOLLARS
on the let day of January, 19 , without option of prior payment, and
promisee.to pay interest on said principal sum from the date hereof until
said principal sum is paid, at the rate of per cent
( %),per annum, payable January 1, 1959, and semiannually thereafter on
July 1 and January 1 of each year, interest to maturity being payable in
accordance with, and on presentation and surrender of, the interest coupons
appurtenant hereto. Both principal and interest are payable at
in
and are payable in any coin or currency of the United
States of America which on the date of payment is legal tender for public and
private debts. For the prompt and full payment of such principal and inter-
est, the -full faith, credit and unlimited taxing powers of the City of Rochester
have been and are hereby irrevocably pledged,
This bond is o-ne of a series in the total principal amount of
$1,000,000, all of likedate and -tenor except as to serial number, interest rate
and maturity date, issued by said City.for the purpose of defraying expenses
incurred and to be incurred in the construction of. local impoovements hereto-
fore duly ordered and directed to be made in and for said City, in anticipation
of the levy and collection of special assessments with respect to said
•
Improvements and of taxes for the payment of the portion of the cost thereof
devolving upon the City, and is issued pursuant to and in full conformity with
resolutions duly adopted by the Common Council after hearing as required by law,
and pursiant'to and in full conformity with the provisions of the Constitution
and laws of the State of Minnesota end the Charter of said City thereunto
enabling, including Minnesota Statutes, Chapter 429. This bond is payable
primarily from the Improvement Bond Account of the Sinking Fund of the City of
Rochester, to which said taxes and assessments have been appropriated, but
the Council is required to pay the principal and interest thereon out of any
funds in the treasury in the event that the moneys on hand in said account
should at any time be insufficient to meet the payment of maturing principal
and interest.
This bond is transferable by delivery, except while registered as to
principal in the name of a holder on the bond register of the City kept for
that purpose at the office of its City Clerk with such registration noted hereon
by said Clerk. While so registered, no transfer hereof shall be valid unless
made on such register by the registered holder in person or by his attorney
duly authorized in writing and similarly noted hereon;*but this bond may be
discharged from registration by being in like manner transferred to bearer,
and thereupan transferability by delivery shall be restored; but the bond may
again and from time to time be registered in the name of a holder or trans-
ferred to bearer as before. Such registration shall not affect the negotiability
Record of Official. Proceedings of the Common Council
of the City of Rochester, Minn., Marc h 31, 1959
1
LJ
i
r�
U
of the interest coupons appurtenant hereto, which shall always continue to
be payable to bearer and transferable by delivery..
IT IS HEREBY CERTIFIED AND RECITED that all acts,•conditions and
things required by the Constitution and laws of the State of Minnesota and
the Charter of the City to be done, to happen, to exist and be Performed
precedent to and in the issuance of this bond, in order to make it a valid
general obligation of the City according to its terms, have been done, have
happened, do exist, and have been performed in regular and due form, time 'and
manner as so required; that the issuance of this bond did not cause the
indebtedness of said City to exceed any constitutional, statutory or charter
limitation; that it is estimated that said special assessments and taxes will
be collected in the years and amounts required to produce sums not less than
5% in excess of sums sufficient to pay, the interest hereon and the principal
hereof as they respectively become due; and that additional taxes, if needed
for said purpose, may be levied upon all taxable property in the City,
without limitation as to rate or amount.
IN WITNESS WHEREOF the City of Rochester, Minnesota has caused this
bond to be executed in its behalf by the facsimile signature of its Mayor
and by the manual signature of its City Clerk afld its official seal to. -be
affixed, and the interest coupons appurtenant hereto to be executed and
authenticated by the facsimile signatures of said. Mayor and City Clerk, and
thisbond to be dated as of April 1, 1959.
(Facsimile of Mayorls signature)
(Place for signature of City Clerk) Mayor
City Clerk
( SEAL)
(Form of Coupon)
No.
On the lst day of January (July), 19
Minnesota, will pay to bearer at
, the City of Rochester,
in
the sum of DOLLARS
f:or interest then.due on its Improvement Bond, .Series C, dated April 1, 1959,
No.
(Facsimile signature)
Clerk
(Facsimile signature)
Mayor
(Form of text and grill for registration
..to appear on the back of each bond)
The within bond has been registered, as to.ownerhsip of principal only,
on the bond register kept at the office of the City Clerk in -Rochester,
Minnesota.
Date
NO WRITING HEREON EXCEPT BY THE CITY CLERK
Registered Owner
Signature of Clerk
4. Said bonds shall be prepared for execution under the direction of the
City Clerk and attorneys, and when so prepared shall be executed in behalf of
the City by the -facsimile signature of the Mayor being engraved, printed or
lithographed thereon and by the manual signature of the City Clerk, who shall
affix the official seal to each of said bonds; and the interest coupons shall
be executed and authenticated by the printed, engraved or lithographed
facsimile signatures of the Mayor and City Clerk. When the bonds have been so
executed, they shall be delivered by the City Treasurer to the purchaser upon
receipt of the purchase price heretofore -agreed upon, and the purchaser shall
not,be required•to see to the application thereof.
5. In accordance with said Chapter 429 there shall continue to be
maintained (as a subfund or account within the Permanent Improvement Revolving
Fund) a separate fund for each of the improvements listed in paragraph 1 here-
of, and the proceeds of sale of the bonds herein authrorized, except accrued in-
terest and premium, shall be paid into said respective funds in th-e amounts
required for the payment of the expenses of said improvements, and used solely
0
Record of Official Proceedings. of the Common ' Council
of the City of Rochester, Minn., March 31, 1955
for such purpose. After completion of each of said improvements, and payment
of the cost thereof in full,. any unexpended portion of the bond proceeds then
held in the fund may, if directed by the Council, be transferred to the fund
of any other improvement to be financed by the issuance of bonds under'`said
Chapter 429; and all other moneys remaining therein, and all subsequent col-
lections of special assessments levied for said improvement, shall be credited
and paid into the Improvement Bond Account heretofore created within the
municipal Sinking Fund.`
6. Said Improvement Bond Account shall continue -to be maintained
within the Sinking Fund as long as any of the bonds herein authorized are out-
standing, and shall be.used solely for the payment of the principal and inter-
est when due on said bonds, and on the Improvement Bonds, Series A, and on any
additional bonds hereafter authorized to finance improvements instituted pur-
suant to Chapter 429 and any acts amendatory thereof and supplemental thereto,
or to repay and redeem such bonds when and as they become prepayable according
to their terms. It is contemplated that the special assessments to be levied
for the imrprovements listed in paragraph 1 hereof, and herein appropriated to
said Improvement Bond Account, will be in an aggregate principal amount not
less than $975,000.00, and will be collected with and as a part of the general
taxes levied by the City on the tax rolls for 1955 and each subsequent year,
in equal annual installments of principal extending over the number of years
stated in paragraph 1 hereof, with interest at the rate of 5% per annum on
the installmenst of said assessments from time to time remaining unpaid. For
the purpose of paying that portion of the cost of said improvements to be
assumed by the City or to be carried by the City pending the future levy of
special assessments on benefited property, and for the purpose of providing,
together with estimated collections of the special assessments to be levied
initially, sums not less than 5%in excess of the annual principal and interest
payments required to be made on said bonds, there ishereby levied upon all
taxable property within the City of Rochester a direct, annual, ad valorem tax
to be spread on the tax rolls for the years and in the amounts as follows, and
collected in the respective ensuing years:
f566r
Amount
Year
Amount
1959
$ 10,000
1964
$ lo,000
1959
10,000
1965
10,000
1960
10,000
1966
10,000
1961
10,000
1967
10,000
1962
.10,000
1965
10,000
1963
10,000
1969
10,000
Said taxes when collected shall be credited and paind into the Improvement
Bond Account of the Sinking Fund and shall be irrevocable as long as any bonds
payable from said account are outstanding, provided that the City reserves the
right and power to reduce said levies by the amount of any moneys hereafter
irrevocably appropriated to and actually paid into said Improvement Bond
Account, other than Special assessments and taxes levied for the bonds of this
series and other series made pa=cable from said account. The full faith and
credit of the City shall be and is hereby irrevocably pledged for the.prompt
and full payment of the principal and interest on ail of the bonds herein
authorized, and if at any time the moneys in said Improvement Bond Account::
should be insufficient to pay all principal and interest due, the Common
Council shall provide sufficient moneys therefor from any other -funds in the
City Treasury, and such funds may be reimbursed from the proceeds of said
special assessments and taxes when collected. The City further covenants and
agrees that it will levy additional taxes to any extent required to restore
any deficiency in said Improvement Bond Account for the payment of bonds and
interest chargeable thereto, which levies may be made without limitation as
to rate or amount.
7. The City Clerk is hereby authorized and directed to file with the
County Auditor of Olmsted County, Minnesota, a certified copy of this'
resolution, together with such other information as the County Auditcr may
require, and to obtain from the County Auditor a certificate tbrat the tax
required by law for the payment of said bonds has been levied and that said
bonds have been entered upon his*bond register.
S. The officers of the City and the County Auditor of Olmsted County
are hereby authorized and directed to prepare and furnish to the purchaser
of said bonds, and to the attorneys approving the legality of the issuance
thereof, certified copies of -all proceedings and records of the City relating
to said bonds and to the financial condition and affairs of the City and such
other affidavits, certificates, and information as may be required to -show
the facts relating to,the legality and marketability of the bonds as the same
appear from the books and records under their custody and control or as
at=herwise known to them, and all such certified copies, certificates, and
affidavits, including any heretofore'furnished, shall be deemed representations
of the City as to the truth of the facts purported to be shown therein.
1
1
•
L
is
Record of Official Proceedings of the Common Council
of the_ City. of Rochester, Minn., March 31, 1959
OSWALD FUBLIBMING CO.. NEW ULM, MINN.
A motion was then made by Alderman Kamm that the above resolution be adopted as
read. Alderman Morris, seconded the motion and upon roll call and all voting in
favor thereof, President Schroeder declared the said resolution duly passed and
7
*' adopted.
'
CJ
Presideat Schroeder state& that he,had met with the Sheriff, the Chief
�
of Police the Count Attorney and the, City Health Officer to try to
. y y y y get a uniform
*ethod in which to handle the situation of the quarantine order for dogs. A
motion was made by Kamm, second.by Briese, that this matter be referred to the
•
Mayor and he be authorized to do what in his judgment is necessary and work
together with the Police Department. All voted in favor of the motion.
President Schroeder then stated that this was the last meeting, that he
would attend and he wished to express his appreciation to the members of this
Council and the Councils and the heads
past also department for their cooperation
with him during his terms of office.
Upon motion by Haas, second by DeWitz, the meeting was adjourned..
Ci Clerk