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CC 09-06-1972
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CC 09-06-1972
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5/8/2007 1:11:36 PM
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<br />. <br /> <br />.--4-. ... <br /> <br />. <br /> <br />. <br /> <br />I <br /> <br />Page 2- <br /> <br />be issued for at least ten days after publication in the official nm-Jspapcr <br />of a Council resolution determining to issue said certific~tes..lf before <br />the end of that time ~ a petition ror an election on the proposition signed. <br />by voters equal to ten percent of the voters at the last m~nicipal electiOl: <br />is filed ~Jith the clerk, a referendum is necessary prior to issuance ef <br />the certificates. '[.'lUS it is possible that a 1,,"Cfere;1uum would be ncccss(:o.ry <br />even if certificates of indebte~1ess are used to obtain funds to purchas~ <br />fire equipment. <br /> <br />The amount of such certificates vloald be included. in. tho if11ct debtH <br />of the Village, as defined in "llnn. Stat. Section 475.51, subd. 4. <br />Therefore ~ the prohibition of incurring 'a net debt' in excess of twenty <br />percent of the assessed valuation of tho Village would apply, as set forth <br />in Minn. Stat. Section 475.53. <br /> <br />Minn. Stat. Section 275.51, subd.. 1, provides that llspeciul levies'; <br />are not subject to the tax le\"/ limitation. "Special levies" includes <br />Ilthose portions of ad valorem taxes levied by govern:acntal subdivisions <br />to: (h) pay the costs of principal and interest on bonded indebtedness." <br />111US, it appears that the certificates issued would fall within the <br />meaning of "bonded indcbtednessil and would be excluded from the 1971 <br />levy limitations. <br /> <br />If the Village vlCTe to purchase the fire equipment by this method <br />otherl.<lise, it should be possible to negotiate an appropriate lease arrar"ge- <br />mcnt with the Lake Johanna Fire Department. Please review this matter m.d <br />submit the sanle to the Council for their consideration. If you have any <br />other questions please contact the undersigned. <br /> <br />Yours very truly, <br /> <br />DOUGLASS, BELL, DONLIN, <br />SHULTZ & PETERSEN <br /> <br />J2-- A ~.. <br /> <br />Thomas M. Sweeney ~ <br /> <br />TMS : spd <br /> <br />~--"-'---- <br />
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