80-033 RES RESOLUTION 80-33 14.
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
111 ELK RIVER, MINNESOTA
HELD: OCTOBER 6, 1980
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Elk River, Sherburne
County, Minnesota, was duly held at the City Hall in said City
on the 6th day of October, 1980, at 7 : 30 P.M.
The following members were present:
Mayor Madsen, Councilmembers Toth, Duitsman, Otto
Councilman Engstrom arrived at 8 :45 p.m.
and the following were absent:
None
The Administrator presented a Surety Bond received
from Elsa Mullin as a request for a duplicate of a General
Obligation Improvement Bond of 1979 of the City which was
lost by said Elsa Mullin. The Council then proceeded to
• consider said request.
Member Engstrom introduced the following
resolution and moved its adoption:
WHEREAS, Bond number 54 , due February 1, 1992, in
the amount of $5 , 000 with coupons numbered 1 through 24 , both
inclusive, of the City of Elk River' s $380, 000 General Obligation
Improvement Bond of 1979, dated October 1, 1979 , has been
represented to be lost; and
WHEREAS, the City of Elk River has been furnished a
satisfactory Bond of Indemnity, Bond No. 4098414 of the Safeco
Insurance Companies in the sum of $17, 646 . 66 to save it
harmless from damages; Now, Therefore,
BE IT RESOLVED, by the Council of the City of Elk
River, Minnesota, that:
1. The Mayor, Franklin Madsen, and the City Admin-
istrator, R. C. Middaugh, of the City of Elk River be author-
ized to prepare a duplicate of said bond and coupons in
substantially the form attached hereto and made a part hereof
and to sign said bonds and coupons and to have the bonds and
• coupons also manually signed by the Administrator in his
capacity as Treasurer of the City, and to deliver said dupli-
cate bond and coupons to Elsa Mullin; and
2 . The First National Bank of Minneapolis, in
• Minneapolis, Minnesota, as paying agent for said issue, is
hereby authorized to pay said duplicate bond and coupons
when due and upon presentation; and
3. The City of Elk River shall hold said paying
agent harmless from any and all damages it may incur by
reason of said payment.
The motion for the adoption of the foregoing
resolution was duly seconded by member Toth
and upon vote being taken thereon, the following voted in
favor thereof:
Councilmembers Toth, Duitsman, Otto, Engstrom
and the following voted against the same:
None
Whereupon said resolution was declared duly
passed and adopted.
•
DUPLICATE
UNITED STATES OF AMERICA
•
111 STATE OF MINNESOTA
SHERBURNE COUNTY
CITY OF ELK RIVER
No. $5 ,000 •
•
GENERAL OBLIGATION IMPROVEMENT
BOND OF 1979
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Elk River, Sherburne County, Minnesota, certifies that it is
indebted and for value received promises to pay to bearer the
principal sum of
FIVE THOUSAND DOLLARS
on the first day of February, 19 and to pay interest thereon
from the date hereof until the p ncipal is paid at the rate of
percent ( %) per
annum, payable on the first day of August, 1980 and
semiannually thereafter on the first day of February and the
first day of August in each year, interest to maturity being
represented by and payable in accordance with and upon
• presentation and surrender of the interest coupons hereto
attached, as the same severally become due. Both principal and
interest are payable at
, or any successor paying agent duly
appointed by the City, in any coin or currency of the United
States of America which at the time of payment is legal tender
for public and private debts.
All bonds of this issue maturing in the years 1991 to
1997, both inclusive (bonds numbered 49 to 76, both inclusive) ,
are subject to redemption and prepayment at the option of the
City in inverse order of serial numbers, on February 1, 1990
and on any interest payment date thereafter at par and accrued
interest. Published notice of redemption shall in each case be
given in accordance with law, and mailed notice of redemption
shall be given to the bank where said bonds are payable.
This bond is one of an issue in the total principal
amount of $380,000 all of like date and tenor, except as; to
_ serial number, maturity, interest rate and redemption privi-
- leye, which bond has been issued pursuant to and in full
_conformity with the Constitution and laws of the State of
Minnesota for the purpose of providing money for various
•
• improvements in the City, and is payable out of the Improvement
Bonds Common Fund of the City. This bond constitutes a general
• obligation of the City, and to provide moneys for the prompt
and full payment of said principal and interest when the same
become due, the full faith and credit and taxing powers of said
City have been and are hereby irrevocably pledged.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by the Constitution and laws of
the State of Minnesota to be done, to happen and to be
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, and this
bond, together with all other debts of the City outstanding on
the date hereof and the date of its actual issuance and
delivery does not exceed any constitutional or statutory
limitation of indebtedness.
IN WITNESS WHEREOF, the City of Elk River, Sherburne
County, Minnesota, by its City Council has caused this bond to
be executed in its behalf by the facsimile signatures of the
Mayor and the City Administrator and the manual signature of
one of said officers, the corporate seal of said City having
been intentionally omitted as permitted by law, and has caused
the interest coupons to be executed and authenticated by the
facsimile signatures of said officers, all as of October 1,
• 1979. Issued as of October 7, 1980 .
(Facsimile) (Facsimile)
City Administrator Mayor
City Administre or-Treas rer
•
•
(Form of Coupon)
No. $
• DUPLICATE
On the first day of August (February) , 19 , unless
the bond described below is called for earlier redemption, the
City of Elk River, Sherburne County, Minnesota, will pay to
bearer at
or any successor paying agent duly appointed by the City, the •
sum shown hereon for interest then due on its General
Obligation Improvement Bond of 1979 No. dated October
1, 1979. Issued as of October 7, 1980 .
/s/ Facsimile 0 /s/ Facsimile
City Administrator Mayor
•�' - 1Ei/ - ►�
City A.m nistrator- leasurer
•
•
• STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and
acting Administrator of the City of Elk River, Minnesota, DO
HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my
office, and that the same is a full, true and complete
transcript of the minutes of the meeting of the City Council
held October 6, 1980, insofar as such minutes relate to the
issuing of a duplicate bond for the City' s $380, 000 General
Obligation Improvement Bond of 1979 .
WITNESS my hand and the seal of said City this
day of October, 1980.
City Administrator
(SEAL)