80-2826 CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 80-2826
RESOLUTION GIVING PRELIMINARY APPROVAL
TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT
BY EDWARD J. WARRINGTON UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING
SUBMISSION OF AN APPLICATION TO THE
COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF
Be It Resolved by the City Council of the City of
Hopkins, Minnesota, as follows:
1. There has been presented to this Council a proposal
by Edward J. Warrington (the "Borrower") that the City undertake
a project pursuant to the Minnesota Municipal Industrial Develop-
' ment Act (Minnesota Statutes, Chapter 474) for the acquisition,
construction and equipping of an office building to be leased to
Warrington Associates, Inc. (the "Project") . Under the proposal,
the Project will be owned by the Borrower, and the Borrower will
enter into a Loan Agreement with the City upon such terms and
conditions as are necessary to produce income and revenues suffi-
cient to pay when due the principal of and interest on up to
approximately $2, 500, 000 Industrial Development Revenue Bonds of
the City to be issued pursuant to said Chapter 474, Minnesota
Statutes, to provide monies for the acquisition, construction and
equipping of the Project, the City will pledge its interest in
the Loan Agreement to the bondholder, and the Borrower will
mortgage the Project and assign the Lease to secure the bonds.
2. As required by said Chapter 474, Minnesota Statutes,
this Council conducted a public hearing on February 19 , 1980 on
the proposal to undertake and finance the Project, after publica-
tion in the official newspaper and a newspaper of general circula-
tion in the City of a notice of the time and place of hearing,
stating the general nature of the Project and an estimate of the
principal amount of bonds or other obligations to be issued to
finance the Project and stating that a draft copy of the proposed
Application to the Commissioner of Securities, together with all
attachments and exhibits thereto, shall be available for public
inspection at the office of the City Clerk, in the City Hall,
Hopkins, Minnesota, at all times between the hours of 8: 00 a.m.
and4 : 30 p.m. each day except Saturdays, Sundays and holidays
111 to and including the day of hearing; and all parties who appeared
at the public hearing were given an opportunity to express their
views with respect to the proposal.
3. It is hereby found, determined and declared that
the purpose of the Project is and the effect thereof will be to
promote the public welfare by the attraction, encouragement and
development of economically sound industry, agriculture and
commerce so as to prevent, so far as possible, the emergence of
blighted and marginal lands and areas of chronic unemployment;
the retention and development of industry to use the available
J11/ resources of the community, in order to retain the benefit of its
existing investment in educational and public service facilities,
by halting the movement of talented, educated personnel of mature
age to other areas and thus preserving the economic and human
resources needed as a base for providing governmental services
and facilities; and the more intensive development of land avail-
able in the area to provide a more adequate tax base to finance
the cost of governmental services in the City, County and School
District where the Project is located.
4. The Borrower has entered into preliminary discussions
with the Steinberg Financial Corporation, as Underwriter, and the
Underwriter has reported that the Project and the sale of bonds
therefor are feasible.
5. The Project is hereby given preliminary approval
by the City subject to approval of the Project by the Commissioner
of Securities and subject to final approval by this Council and
by the purchasers of any bonds to be issued and as to the ultimate
details of the Project.
• 6. In accordance with Section 474. 01 , Subd. 7, Minnesota
Statutes, the Mayor, the City Clerk, and such other officers and
representatives of the City as may from time to time be designated
are hereby authorized and directed to submit the proposal for the
Project to the Commissioner of Securities and request her approval
thereof, and the Mayor, the City Clerk, and other officers,
employees and agents of the City are hereby authorized to provide
the Commissioner with such preliminary information as she may
require. The Borrower, Messrs. Faegre & Benson as bond counsel,
the Underwriter, the City Attorney, and other City officials are
also authorized to initiate the preparation of a proposed loan
agreement, lease agreement, mortgage, and such other documents as
may be necessary or appropriate to the Project so that, when and
if the proposed Project is approved by the Commissioner and this
Council gives its final approval thereto, the Project may be
carried forward expeditiously.
7. The Borrower has agreed to pay any and all costs
incurred by the City in connection with the Project whether or
not the Project is approved by the Commissioner and whether or
not the Project is carried to completion.
8. The Borrower is hereby authorized to enter into
such contracts, in his own name and not as agent for the City, as
may be necessary for the construction of the Project by any means
available to him and in the manner he determines without advertise-
ment for bids as may be required for the acquisition or construc-
tion of other municipal facilities, but the City shall not be
liable on such contracts.
11/
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN ) S
I, the undersigned, being the duly qualified and acting
City Clerk of the City of Hopkins, Minnesota, do hereby certify
that the attached extract of minutes of a Council meeting
of the City Council of the City held February 19 , 1980, is a
full, true and correct transcript therefrom as approved by the
Mayor insofar as the same relates to the $2, 500, 000 Industrial
• Development Revenue Bonds of the City.
WITNESS My hand officially and seal officially as said
City Clerk this 22nd day of February , 1980.
City Clerk H. E. ichardson
(Seal)