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2013-059 Transferring Excess Fee RevenuesCITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA TRANSFERRING EXCESS FEE REVENUES WHEREAS, by Ordinance No. 95-759 adopted March 21, 1995, the City Council established Housing Improvement Area No. 1 in order to facilitate certain improvements to property known as the Meadow Creek Condominiums, and WHEREAS, Minnesota State Statutes authorized the City to issue Housing Improvement Bonds (the "Bonds") in the amount necessary to defray the expense to be incurred in making the housing improvements; and WHEREAS, the City of Hopkins, in May 1995, entered into a Development Agreement (the "Agreement") with Westbrooke Condominium Association, D.B.A. Meadow Creek Condominiums (the "Association"); and WHEREAS, Bonds were issued and fees were charged to each housing unit in Housing Improvement Area No. 1 in order to finance certain improvements as defined in Ordinance No. 95-759; and WHEREAS, the Housing Improvements that were funded by the Bonds have been completed and paid for; and WHEREAS, the Bonds have been paid in full and the City has determined that it has excess Fee Revenues as defined in the Agreement; and WHEREAS, the City Council may, by resolution, specify additional housing improvements (as defined in Ordinance No. 95-759) and transfer all or any portion of such excess Fee Revenues into a project fund (the "Supplemental Project Fund"); and WHEREAS, amounts in the Supplemental Project Fund shall be disbursed to the Association to pay the cost of the housing improvements specified by the City; and WHEREAS, City staff specified in Resolution 2012-049 specific Housing Improvements at Meadow Creek Condominiums that should be completed; WHEREAS, the projects specified in Resolution 2012-049 have been completed and excess fee revenue remains; NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota hereby resolves as follows: Resolution No. 2013-059 -2- The City of Hopkins shall transfer all such excess Fee Revenues that remain following the projects specified in Resolution 2012-049 to the Meadow Creek Condo Association to be used for projects specified by Ordinance No. 95-759 adopted March 21, 1995. All remaining funds shall be disbursed in accordance with the provisions of the Agreement. Adopted by the City Council of Hopkins, Minnesota, this 1St day of October, 2013. CITY OF HOPKINS, MINNESOTA By: ` Eugene J. axwell, Mayor ATTEST: Kristine A. Luedke, City Clerk