05-13-1941 VCM
VILLAGE OF ELK RIVER COUNCIL MEETING
May 13, 1941
A special meeting was held at the Municipal Bldg on April 21, 1941 at 7:30 P.M.
Members present:
M.C. Tesch, Pres; Frank Nickerson, E.L. Shadick, and G.A. Bailey, Trustees; J.
Clinton Walker, Clerk
Trustee Shadick introduced the following resolution and moved its adoption:
Resolution
Resolution Directing Calculation of Assessment for Sewer District No. 1
Whereas, the Village Council of the Village of Elk River, Sherburne County, Minnesota, has
determined to proceed with the construction of a sanitary sewer in Sewer District No. 1 and a
contract therefor has been let,
Now, therefore, be it resolved by the Village Council of the Village of Elk River as follows:
1. It is hereby determined that the total estimated cost of constructing sewers in said District,
including all incidental expenses, is $28,126.92, of which among $8,438.07 is the cost of
constructing the district sewer and $19,688.85 is the cost of constructing lateral sewers.
2. The cost of constructing the district sewer, if used solely as a lateral, would be $4,000.00, and
said amount shall be assessed against the abutting property in the manner provided for
assessing lateral sewers, and the amount of cost over and above the cost of such lateral
sewers as a district sewer is $4,438.07 and said cost shall be assessed against lands in the
sewer district according to special benefits.
3. Toltz, King and Day are hereby designated as engineer selected by the Council to forthwith
calculate the proper amount to be specially assessed against every assessable lot, piece or
parcel of land within the sewer district in accordance with the provisions of law.
4. When the said engineer shall have finished the calculation of the proper amount to be
specially assessed he shall prepare and file with the village Clerk tabulated statements in
duplicate showing the proper discretion of each and every lot, piece or parcel of land to be
specially assessed and the amount he has calculated against the same. Which shall be laid
before the Village Council for approval at the next regular meeting to be held not less than
ten days thereafter and the Clerk shall cause notice of the time and place of said meeting to
be published as required by law.
Attest: J Clinton Walker Village Clerk
M.C. Tesch Pres of Village Council
Trustee Bailey seconded the motion to adopt said resolution and upon vote being taken thereon
the following voted Ayes: Shadick, Nickerson, Bailey, Walker and Tesch. Nay: None.
Whereupon said resolution was declared unanimously adopted.
Trustee Nickerson introduced the following resolution and moved its adoption.
Resolution
Resolution Providing for Sale of fewer Warrants and Fixing the ___Thereof
Be it resolved by the Village Council of the Village of Elk River as follows:
1. The Village shall forthwith issue and sell $28,000 sewer warrants on account of Sewer
District No. 1 of said Village, said warrants to the 56 in number and numbered 1 to 56 both
inclusive and in the denomination of $500 each to bear date June 1, 1941 to bear interest
payable annually and the mature serially on June 1 in the amount of $2000 in 1942, $2500 in
each of the years 1943 to 1950 both inclusive and $3000 in 1957 and 1952 all warrants
maturing after June 1, 1948 to the subject to redemption and prior payment at the option of
the Village June 1, 1943 or any interest payment date thereafter at par and accrued interest.
2. The warrants to be issued hereunder shall be in substantially the following form:
United States of America
State of Minnesota
County of Sherburne
Village of Elk River
Sewer District No. 1 Warrant
No. $500
The Treasurer of the village of Elk River, Sherburne County, Minnesota, will pay to the
bearer hereof from the Sewer District No. 1 Fund of the Village the sum of Five Hundred
st
Dollars on the 1 Day of June, 19___, and will pay interest hereon from said fund from the
date hereof until paid at the rate of two and one half (2 ½) per cent per annum, payable
st
annually on the 1 day of June in each year, interest to maturity being payable in accordance
with and upon presentation and surrender of the attached in intrest coupons as they
severally become due and both principal and interest shall be payable in any coin or currency
of the United States of American which on the date of payment is legal tender for public and
private debts, at the main office of Northwestern National Bank and Trust Company of
Minneapolis, in the City of Minneapolis, Minnesota.
The warrants of this issue maturing June 1, 1948 and thereafter are subject to redemption
and prior payment at the option of the Village on June 1, 1943 and any interest payment
thereafter at par and accrued interest upon thirty (30) days prior notice to the Bank where
said warrants are payable.
This warrant is one of a series of warrants in the aggregate principal amount of $28,000
issued by the Village pursuant to and in full conformity with the Constitution and Laws of
the State of Minnesota thereunto enabling, including Chapter 35, Laws of Minnesota of 1915
and acts amendatory thereof and supplemental thereto for the purpose of defraying the
expenses incurred and to be insured in laying sewers in said District in anticipation of the
collection of special assessments levied again the benefited property of said District and is
payable out of a fund designated as Fund of Sewer District No. 1 into which fund all
proceeds of said assessment are required to be paid, but the full faith and credit of the
Village has been pledged to the payment of the principal of or interest on such warrants
when the moneys on hand in the appropriate sewer district fund are insufficient for such
purpose.
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 preformed
precedent to and in the issuance of this warrant, have been done, have happened and have
been performed in regular and due form, time and manner as required by law and that this
warrant together is all other indebtedness of said Village outstanding on the date named
herein and on the date of the actual issuance and delivery hereof, does not exceed and
statutory or constitutional limitation of indebtedness.
In Witness Whereof, the Village of Elk River, Sherburne County, Minnesota, by its Village
Council has caused this warrant to be signed by the President of the Village Council and
counters signed by the Village Clerk, and sealed with the seal of said Village and the interest
coupons hereto attached to be executed and authenticated by the facsimile signatures of said
officers as of June 1, 1941.
Pres of Village Council
Countersigned Village Clerk (Form of Coupon)
No. $
st
On the 1 day of June 19__, the Village Elk River, Sherburne County Minnesota will pay to
bearer at the main office of Northwestern National Bank and Trust Company of
Minneapolis, Minneapolis, Minnesota., ___Dollars being the installment of interest then due
ion its Sewer District No. 1 Warrant dated June 1, 1941, No.
Pres of Village Council
Countersigned: Village Clerk
3. Said warrants shall be printed under the direction of the village Clerk, and the President of
the Village Council and Village Clerk are hereby authorized and directed to execute said
warrants and to affix the Village seal, and the interest coupon to be attached thereto shall be
executed and authenticated by the printed, engraved, or lithographed facsimile signatures of
said offices.
4. When said warrants have been fully executed as required by law and by this resolution they
shall be delivered to the purchaser thereof upon receipt of the purchase price and said
purchaser shall not be obliged to see to the application of said purchase price.
5. Said warrants shall be payable primarily from money collected from special assessments, but
the full faith and credit of the Village is hereby pledged to the payment of said warrants and
interest thereon an and when the same shall become due, and the Clerk and Treasure are
authorized and directed to cause said warrants and interests theron to be paid out of any
moneys of the Village available thereof in event there is insufficient money in the special
fund, but such moneys from other funds shall be restored when the special assessments are
collected.
M.C. Tesch Pres of Village Council
Attest: J. Clinton Walker Village Clerk
Mr. Walker seconded the motion to adopt said resolution and upon vote being taken
thereon the following voted Aye: Shadick, Nickerson, Bailey, Walker and Tesch and the
following voted Nay: non. Whereupon said resolution was declared unanimously adopted.
A motion was made by G.A. Bailey to pay the State of Minnesota the sum of $144.25 for
0.92 acre, more or less, in Government Lot 4 of section 3, township 32 north, range 26 west.
The land to be used as the site of the sewage treatment plant. The motion was seconded by
Frank Nickerson and carried.
No further business. Meeting adjourned.
J.C. Walker M.C. Tesch
Clerk Pres