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HomeMy WebLinkAbout06-08-1942V"` 1 6 1 5• RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL :: f OF THE CITY OF ROCHESTER, MINN., Jun e 3, 1942 Minutes of a special meeting of the Common Council of the City of Roch- ester, Minnesota, held in the Council Chambers, in ,the City Hall, in said City, on June 8, 1942. President L-emmon called the meeting to order at 10:00 o'clock A.M., thee, following members being present: Lemmon, RXjxF-a;c Hanson, Mrachek, Nass, and Yae- ger. 'Absent: Fryer, Williams. The call of the special meeting was- read and President Lemmon ordered that same be placed on file; said meeting having been called for the purpose of considering the repair of flood damage to certain streets and sewers caused by recent storms, and any other business the said Common Council may deem proper. Mayor Grassle introduced Dr. G.P. Sheridan, Chairman of the Olmsted County Chapter of the Red Cross, who in turn presented Mr. Robert Shea, Field Director of the American National Red Cross. Mr. Shea explained in detail,the assistance the Red Cross could provide for damage caused by the recent floods, and stated that up to the present time they had received 57 applications for assistance. Dr. F. M. Feldman, Health Officer; s-tated that from a health standpoint, there was very little danger except v4here residents in the flood area were using water from wells which might be contaminated from the flood waters. The following resolution introduced by Alderman Mrachek, was read: 11WHEREAS, The Common Council of the City of Rochester, Minnesota, deem it expedient and necessary that repairs be made to certain streets and avenues' within the City, -which have been damaged by the storms of June 3rd and 4th, 1942,' and sho-uld be filled, graded, and re -surfaced immediately, namely: Thirteenth Street Northwest from Broadway to Sixth Avenue Northwest; Eighth Avenue Northwest from Third Street to Fifth Street Northwest; Eleventh Avenue Northwest from Second Street to Fifth Street Northwest; Eleventh Avenue Southeast from Twelfth Street to Thirteenth Street Southeast; Tenth Avenue Southeast from Twelfth Street to Thirteenth Street Southeast; Seventh Avenue Northwest from Seventh Street to Tenth Street Northwest; Seventh Street Northwest from Fifth Avenue to Sixth Avenue Northwest; Tenth Street Northwest from Seventh Avenue to Sixth Avenue Northwest; Sixth Avenue Northwest from Seventh Street to Ninth Street Northwest. The cost and expense of repairs to said -streets and avenues is estimate by the City Engineer -.to be $ 14.000.00 WHEREAS, There is not sufficient funds in'the City Treasury of the City of Rochester, Minnesota, for the payment of the cost and expense of the repairs of the above described streets and avenues, and it is consequently necessary to issue fourteen thousand dollars ($14,000.00) City of Rochester, Minnesota, 1% Street Repair Bonds, and WHEREAS, Chanter- 168 of the laws of -Minnesota, for 1927, provides authority for the issuance of Street Repair Bonds to realize funds for the pay- ment of the cost and expense of repairing streets, and WHEREAS; It is deemed necessary and expedient that the form of the said fourteen thousand dollars ($14,000.00) Street Repair Bonds be prescribed and adopted by this Common Council, and it is necessary to sell -and issue at this time fourteen thousand dollars ($14,000.00) par value of said Street Repair Bonds under and by authority of the said Chapter 168 of the laws of Minnesota for 1927. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., June 9. 1942 SO THERE&ORE,"Be .it resolved by the Common Council of the City of Rochester, Minnesota: That said bonds shall be dated July lst, 1942, shall be payable at the office of the City Treasurer in the City of Rochester, Minnesota, shall be fourteen (14) in number, and numbered one (1) to fourteen (14), both numbers in- clusive, in the denomination of One Thousand Dollars ($1,000.00)'each, shall bear interest at the rate of one per cent (lp) per annum,. payable semi-annually, on the First days of July and January,.and shall -mature Seven Thousand Dollars i{i ($.7,000._00) on July 1st, 1943, and Seven Thousand Dollars ($7,000.00) on July lstl 1944, provided that such Bonds as mature after July 1st, 1943, shall be optional j as to payment on any interest date on or after July 1st, 1943 and prior to maturilty. Be it further resolved: That said bonds shall be in substantially the following form: UNITED STATES OF AMERICA*. STATE OF MINNESOTA COUNTY OF OLMSTED CITY OF ROCHESTER No. Street Repair Bond $1,000.00 KNOW ALL MEN BY THESE PRESENTS that the City of Rochester, in the County of Olmsted, and State of Minnesota, acknowledges itself to be indebted, and for value received, hereby promises to pay to the bearer the sum of ONE THOUSAND DOLLARS on the first of July, 1943, the first of July, 1944, together with interest thereon'from the date hereof until paid -at the rate of one percent (l.o) per annum payable semi-annually on the first days of July and January in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal and interest of this bond are payable at the office of the City Treasurer in the.City of Rochester, Minnes- ota, in lawful money of the United States of America, and to provide money for the prompt and full payment of the principal and interest as the same become due, the full faith, credit and resources of said City have been and are hereby irrevocably piedged. This bond is one of a series of bonds of like date and tenor issued by the City pursuant to Chapter 169 laws of Minnesota for 1927. and in conformity with the city charter and the Constitution and the laws.of the State of Minnesotc thereunto enabling, for the purpose of reconstructing streets in the said City. IT IS.HEREBY'CERTIFIED AND RECITED that all acts, conditions, and things required by the Charter of the City of Rochester, Minnesota, and the Con- stitution and laws of the State of Minnesota to have been done, to have happened, and to have been performed precedent to and in the issuance of this bond have been done," have.happened, and have been performed in regular and due form, time and manner as required by law, that prior to the issuance of this bond a direct, annual irrepealable tax has been levied on all of the taxable property in said City in an amount sufficient to pay the principal and interest of this bond as the same become due; and this bond, together with all other debts of said City outstanding on the date hereof, does not exceed any charter, statutory, or constitutional limitation of indebtedness. IN'WITNESS WHEREOF, The City of Rochester, Minnesota, has caused this bond to be signed by its Mayor, attested by its City Clerk, and sealed with the official seal of said City, and the interest. coupons attached to be executed and authenticated by the facsimile signature of said City Clerk, and has caused this bond to be dated.as of the first day of July, 1942. Attest: (Form of Coupon) City of Rochester, Minnesota Mayor City Clerk. No. " $ 5. 00 On the first day of July (January), 19 , the City of Rochester, Minnesota, will. -pay to bearer at the office of the City Treasurer in the City of' Rochester, Minnesota,,the sum of Five Dollars, being the installment of interest then due on its Street Repair Bond dated July 1, 1942, No. City Clerk. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., June 9, 1942 • CJ Be it further resolved: That said bonds shall be executed in behalf of said City by the Mayor and attested by the City Clerk, and the seal of said City affixed thereto, and the coupons shall be executed and authenticated by.the printed, engraved, or lithographed facsimile signature of said City Clerk; and that full faith, credit, and resources of said City. shall be, and they are hereby, irrevocably pledged to the prompt and full payment.of the principal and interest thereon. ^ Be it further resolved: That the City Clerk is hereby authorized and directed to prepare and furnish to the purchasers of said bonds, and their attorney, certified Copies of all proceedings and records relating to said bonds and the financial affairs ,of said City, and such other, certificates as may be required to show other facts within his'knowledge.or as shown by the books and records under his custody or control relating to the issuande of said .bonds, and to the right, power, and authority of the municipality to issue the same, and sai certified copies and certificates shall be deemed the representations of the City as to the facts stated therein: Be it further resolved: That it is deemed to be necessary that there shall be, at this time, issued and sold fourteen (14) bonds of One Thousand Dollars ($1,000.00) each, all dated July lst, 1942 and to become due and payable $7,000.00 thereof on July ist, 1943,- and_ $7,000.00 thereof on July ist, 1944. Be �it further resolved by the said Common Council: That the City Cler of said City be and he is hereby directed to publish notice of - the meeting of th Common Council of said City, which is hereby fixed to be held in the Council Cha ers, in the City Hall in said City, on the 6th day of July, 1.942, at 2LOO o' cloc PM. for the purpose of opening and considering bids for the said bonds, in'the Rochester Post -Bulletin, a,local newspaper printed and published in said City, and the official newspaper thereof, in,which said.notice shall be published as required by law.; the said advertisement for bids for the sale of said bonds to-b substantially as follows: NOTICE OF SALE OF $14,000.00 CITY OF ROCHESTER, MINNESOTA, 1% STREET REPAIR BONDS The Common Council of the City of Rochester, its Council Chambers, in the City Hall, in said City, at 2:0.0 o'clock P.M. to ou_en and consider sealed bids Dollars ( $14, 000,.00) City of Rochester, Minnesota, one Bonds, or such part thereof the bidder desires to make and sold, being an issue authorized by Chapter 169 of 1927 for_the purpose of securing funds for the payment repairing the following described streets and avenues: Minnesota, will meet in on the 6th day of July, 194 for Fourteen Thousand percent (1%) Street Repair bid for, then to be issued the Laws of Minnesota for of the cost and expense of Thirteenth Street Northwest from Broadway to. Eighth Avenue Northwest from Third Street to Eleventh Avenue Northwest from Second Street Eleventh Avenue Southeast from Twelfth Street Sou.theas t; Tenth Avenue Southeast from %welf th Street to Southeast; Seventh Avenue Northwest from Seventh Street Seventh Street Northwest from Fif th Avenue to Tenth Street Northwest from Seventh Avenue to Sixth Avenue Northwest from Seventh Street to Sixth Avenue Northwest; Fifth Street Northwest; to Fif th Street Northwest;'', to Thirteenth Street Thirteenth Street to Tenth Street Northwest; Sixth Avenue Northwest; Sixth Avenue Northwest; Ninth Street Northwest. .All of said bonds shall be of the denomination of one thousand dollars ($1,000.00) each, dated July 1st, 1942, and to mature $7,000.00 thereof July lst, 1943, and $7,000.00 thereof July 1st, 1944, with interest until paid at the rate of one percent (1%) per annum, payable semi-annually on the first day of July and January of each year. Both principal and interest on the said bonds will be payable at the office of the City Treasurer of the City of Rochester, Minnesota. All bids must be addressed to the undersigned City Clerk of Rochester, Minnesota, and accompanied by a certified check for two percent (2%) of the principal of the bonds bid for, payable, without any condition, to the order of the City Treasurer of Rochester, Minnesota, which two percent (2%) will, if the bid is accepted, be applied to the purchase price of the bonds, otherwise to be returned to the un- successful bidder or bidders, and such successful bidder will be required to accept delivery and pay for the said bonds July 15th, 1942, with accrued interest '`from July 1st, 1942. No bids will be considered for less than par value. The City Clerk is authorized and directed to prepare and furnish to the n7- 618 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINN., - June 9, 1942 purchasers of said bonds, and their attorneys, certified copies of all proceeding and records relating to said bonds and the financial affairs of said City, and such other certificates as may be required to show other facts within his know- ledge or as shown by the books and records under -his custody or,control relating to the issuance of said bonds, and to the right, power, and authority of the municipality to issue the same,.' the said certified copies and certificates shall be deemed the representations of the City as to the facts stated therein. - The Common Council of said City reserves the right to reject any and all bids. By order of the Common Council of said City of Rochester, Minnesota. Dated at Rochester, Minnesota, this day of 1942. City Clerk of the City of Rochester, Minnesota Be it further resolved by the said Common Council, that this r-esol-ution shall take effect and be in force from and after its passage and 'approval. 11 Upon motion by Mrachek, second by Hanson that the said resolution be adopted as read, and all voting in favor thereof, President Lemmon declared the said resolution duly passed and adopted. The resignation of Frank E. Roth as City Justice was received, and upon I'I ,emotion by Mrachek, second by Yaeger, same was 'accepted. Upon motion by Nass, second by Hanson, Mr. Ralph Sanders was appointed to serve as City Justice until the next annual election. Upon motion by Mrachek, second by Yaeger, the meeting was adjourned. City Clerk I t