Loading...
78-2649 & 78-2650 CITY OF HOPKINS Hennepin County, Minnesota O il RESOLUTION NO. 78 -2649 RESOLUTION AUTHORIZING PURCHASE OF CERTAIN RAILROAD RIGHT-OF-WAY LAND IN GOVERNMENT LOTS 5 & 6, SECTION 26, TOWNSHIP 117, RANGE 22 WHEREAS, the City of Hopkins is in critical need of soil fill material in connection with the repair of roads and the maintanance of the City sanitary landfill and other public purposes, and WHEREAS, a desirable and useful quantity of such material for such purposes is present and available upon the premises hereinafter more fully described, which premises are presently owned by Chicago, Milwaukee, St. Paul and Pacific Railroad Company, and WHEREAS, said owner is willing to sell said premises, and WHEREAS, said premises are useful and needed by the City of Hopkins for other public purposes in addition to the above. • NOW, THEREFORE, it is hereby resolved by the City Council of the City of Hopkins as follows: 1. That the City of Hopkins purchase title in fee simple from Chicago, Milwaukee, St. Paul and Pacific Railroad Company, the following described premises situated in Hennepin County, Minnesota, viz: All that part of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company right-of -way in Government Lots 5 and 6, Section 26, Township 117 north, Range 22 west, which lies southeasterly of a line drawn parallel to and distant 50 feet southeasterly at right angles fran the center line of the most southerly or easter =y bound main railroad track, and which lies easterly of the center line of Hennepin County Road No. 61, except road, for the sum of $22,000.00 payable in cash upon delivery of such title by appropriate deed accompanied by evidence of ownership from said owner. BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized and empowered to take all necessary steps and sign and execute for and in behalf of the City of Hopkins all necessary documents in connection with said sale. Passed and adopted by the Counci_ of the City of Hopkins, Minnesota, at a regular meeting held this 17th day of January 1978. (Note: This resolution replaces Resolution No. 77-2637, passed and adopted on October 18, 1977) H. E. RICHARDSON, JERRE A. MILLER, City Clerk Mayor JOSEPH C. VESELY, City Attorney IIP INTER-OFFICE EMO ENGINEERING DEPART. TO: /1 & SAT : O / — / 9 7 7 FROM :d-7n GE�<.G(- SUBJECT : jdfrA H E D : Pivvz,e4,e-e7 4 W °` �,� ca'"� 4z.0.,4 �( /1 _mac 4___.„.: .. ...1.:: .... ��_> / / � - ,, . 101 i - ice ..x-L I g / i '- - - . � .:... ■I.t,! 1 • . .7. 7 '7 .../7/6/ , -- - e-/e--el4e4 f .*1$ P il II i '� • CITY OF HOPKINS Hennepin County, Mipn 0ta RESOLUTION NO. �7 �� • RESOLUTION AUTHORIZING PURCHAS: OF CERTAIN RAILROAD RIGHT -OF -WAY LAND IN •VERNMENT LOTS 5 & 6, SECTION 26, TOWNSHIP 1 7, RANGE 22 WHEREAS, the City of Hopkins is 'n critical need of soil fill material in connection with the repair of i•ads and the maintanance of the City sanitary landfill and other public pu ■ •ores, and WHEREAS, a desirable and useful quantity of such material for such purposes is present and available upon the 'remises hereinafter more fully described, which premises are presently • ed by Chicago, Milwaukee, St. Paul and Pacific Railroad Company, and WHEREAS, said owner is willing t• sell said premises, and WHEREAS, said premises are usef and needed by the City of Hopkins for other public purposes in addition to t - above. NOW, THEREFORE, it is hereby res•lved by the City Council of the City of Hopkins as follows: 1. That the City of Hopkins purc .se title in fee simple from Chicago, Milwaukee, St. Paul - Pacific Railroad Company, the following described premiss Situated in Hennepin County, Minnesota, viz: A11 that part of the Chicago, 'lwaukee, St. Paul and Pacific Railroad Company right -of -way i Government Lots 5 and 6, Section 26, Township 117 nort , Range 22 west, which lies southeasterly of a line drawn •arallel to and distant 50 feet h southeasterly at right angles . roi► the center line of the Sovt�ER y► most riy or terly -bo d main railroad track, and w ith Iles easterly of the cen er line of Hennepin County Road No. 61, except road, IP for the sum of $22,000.00 payable in cash 4•n delivery of such title by appropriate deed accompanied by evidence o ownership from said owner. BE IT FURTHER RESOLVED that the IvIyo and the City Manager are hereby authorized and empowered to take all ne essary steps and sign and execute for and in behalf of the City of Ho•ki s all necessary documents in connection with said sale. JERRE A. MILLER Mayor H.E. RICHARDSON, City Clerk JOSEPH C. VESELY, City Attorney . CERTIFICATE OF MINUTES RELATI TO ' $500,000 Commerical Development Revenue Note (Hopkins Medical Building Associates Project) Issuer: City of Hopkins, Minnesota Governing Body: City Council Kind, date, time and place of meetinggl A regular meeting, held on January_ 17th,. , 1978, at 7:30 o' c Iodk p '. M . , at the Hopkins City Hall . Members present: Mayor Miller, Councilmen McDonald, Milbert, Slaton and La Bann. Members absent: None Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 78 -2650 RESOLUTION AUTHORIZING THE ACQUIISITION AND LEASING OF A PROJECT UNDER MINNESOTA STIATUTES, CHAPTER 474, AND THE SALE AND ISSUANCE OF A $500,000 COMMERCIAL DEVELOPMENT REVENUE NOTE TO FINANCE THE PROJECT, SECURED BY A PLEDGE AND ASSIGNMENT OF THE REVENUES THEREOF AND A MORTGAGE OF THE PROJECT I, the undersigned, being the duly qualified and acting recording officer of the public corpora ion issuing the obligations referred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully compared with the original records of said, corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate 0 to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 17thday of January , 197 8. _44/ Signature (SEAL) H. E. Richardson , City Clerk Name and Title r , Council Member Slaton introduc;-d the following resolution ,4 and moved its adoption: RESOLUTION NO. 7:-2650 RESOLUTION AUTHORIZING THE AIQUISITION AND LEASING OF A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474, AND THE SALE AND ISSUANCE OF1 A $500,000 CON'JERCIAL DEVELOPMENT REVENUE NOTE TO'INANCE THE PROJECT, SECURED BY A PLEDGE AND ASSI',NMENT OF THE REVENUES THEREOF AND A MORTGAGE OF TH PROJECT BE IT RESOLVED by the City C4uncil of the City of Hopkins, Minnesota, as follows: Section 1. Definitions 1.01. In this resolution the fol owing terms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: Minnesota Statutes, Ch.:pter 474, as amended; City: the City of Hopkins, otinnesota, its successors • and assigns; Commitment: the commitment letter of the Lender issued in favor of the Partnershi,•; Improvments: the medical cl nic and office building of approximately 10,155 square fe-t as constructed by the Partnership on the Land; Land: the real estate descr bed in Exhibit A to the Lease: Lease: the Lease to be exec ted by and between the City and the Partnership; Lender: Northwestern Nation.1 Bank of Hopkins, in Hopkins, Minnesota, its successor-. and assigns; Mortgage: the Mortgage and 'ecurity Agreement to be executed by the City in favor if the Lender; • Note: the $500,000 Coflmerci.1 Development Revenue Note (Hopkins Medical Building As Project) to be issued by the City pursuant to th's resolution; • Partnership: Hopkins Medical Building Associates, 41/ its successors and assigns, and a y surviving, resulting or transferee entity which may as.ume its obligations in accordance with the provisions of the Lease; Project: the Land and the I provements as they may at any time exist; Project Costs: those costs iefined in Section 1.01 of the Lease; and Resolution: this resolution of the City, adopted January 1978, authorizing the ssUance of the Note. Section 2. Authorization an4 Sale 2.01. Authorization. The City i. authorized by the Act to issue revenue bonds and use the procee4s thereof to finance the acquisition and construction of "proje as defined in the Act, and to make all contracts, execute all instruments, and do all things necessary or convenient in the -xercise of such authority. • 2.02. Preliminary City Approval. By preliminary resolution duly adopted by the Council on April 5 1977, the Council approved the sale of a revenue note pursuant to the Act to finance the acquisition within the City of the Lan' and the construction thereon of the Improvements suitable a d designed for use as a medical clinic and office building, an4 authorized the prepara- tion of such documents as may be appro riate to the Project. 2.03. Approval of Documents. Pu suant to the above, there have been prepared and presented to ti“scouncil copies of the following documents, all of which are owl, or shall be, placed on file in the office of the City Cler., and are approved sub - stantially in the form presented, subj-ct to such modifications as are acceptable to the parties and t e City Attorney: (a) Lease, together with a , orm of assignment thereof; (b) Commitment; (c) Mortgage; and (d) Form of Note. -2- d i Section 3. The Note 3.01. Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and City Clerk, and shall be sealed with its corporate seal; provided that one such signature and the seal may be facsimiles. In care any officer whose signature shall appear on the Note shall cease tb be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 3.02. Delivery and Use of Proceeds. Prior to the delivery of the Note, the documents referred to in Section 2.03 shall be com- pleted and executed in form and substance as approved by the City Attorney. Upon delivery of the Note, the Lender shall, on behalf of the City, advance funds for payment of the Project Costs upon compliance with the provisions of the Lease. The Lender or Part- nership shall provide. the City with a full accounting of all funds disbursed for Project Costs. The Note shall be payable at the time and in the manner, shall bear interest at the rate, and shall be subject to such other terms and condit =ons as are set forth therein. 111 3.03. Redemption. The Note shat= be subject to prepayment by the City from funds supplied by the Partnjership at the times and prices set forth in the Note. The redemption price having been so deposited and notice of redemption having been given if required under the provisions of the Note the principal amounts prepaid shall, after such date, cease to bear interest. 3.04. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new note of like outstanding prin- cipal amount, number and tenor in exchange and substitution for and upon cancellation of the mutilated note, or in lieu of and in sub- stitution for such note destroyed or lost, upon the holder's paying the reasonable expenses and charges of the City in connection there- with, and, in case the note is destroyed Or lost, its filing with the City evidence satisfactory to it. If' the mutilated, destroyed or lost note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new note prior to payment. 3.05. Registration of Transfer. Th City will cause to be 0 kept at the office of the Clerk a Note Re ister in which, subject to such reasonable regulations a's it may rescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the N to Register by the holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instrument of I -3- r . transfer satisfactory to the Clerk, duly executed by the holder or its duly authorized attorney. Upon such transfer the Clerk shall note the date of registration and the -lame and address of the new 111 holder in the registration blank appearing on the Note. Alterna- tively, the City shall, at the request and expense of the holder issue new notes, in aggregate outstanding principal amount equal to that of the note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the holder or such trans- feree as may be designated by the holder.' The City may deem and treat the person in whose name each no-e lis last registered in the Note Register and by notation on the note as the absolute owner thereof, whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes. I Section 4. Approvals and Authorizations 4.01. Upon the completion of the Lease and other documents approved in Section 2.03 hereof, the Mayor and the City Clerk shall execute the same on behalf of the City, and deliver them to • the Lender, and shall also execute such other certifications, docu- ments or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certifications, recitals and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute, and shall be deemed the conclusive evidence of, the approval and authorization by the City and the Council of the instrument or document so executed. 4.02. In the absence of the Mayor or the City Clerk the acting Mayor or the acting City Clerk are authorized to execute the docu- ments referred to above with the same force and effect as if signed by the Mayor or the City Clerk. Section 5. Limitation of the City's Obligations 5.01. Notwithstanding anything ccntained in the Note, the Lease, the Mortgage or any other documents referred to in Section 3.03, the Note shall not constitute a deb of the City within the meaning of any constitutional or,statutor limitation, and shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, and the C_ty shall not be subject to any liability thereon, and no holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, onto enforce payment thereof -4- 1 • • against any property of the City, and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Project. The agreement of the City to per- form the covenants and other provisions' contained in the Note, the Lease, the Mortgage and the other documents listed in Section 2.03 shall be subject at all times to the atiailability of revenues fur- nished by the Partnership sufficient to pay all costs of such per- formance or the enforcement thereof, and' the City shall not be subject to any personal or pecuniary liability thereon. (I hU ( u Mayor Jerre A. Miller Attest: 0444,1, _ City Clerk H. E. Richardson The motion for the • adoption of the foregoing resolution was duly seconded by Member Lohman , and the following voted in favor thereof; Councilmen Lohman, Slaton, Milbert, McDonald & Mayor Miller and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor which was attested by the City Clerk. -5-