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78-2667 • RESOLUTION NO. 78 26I§7 RESOLUTION GIVING PRELI:MINArY APPROVAL TO A PROJECT UNDER THE MUNICIPAL IN DEVELOPMENT ACT, REFERRING HE PROPOSAL TO THE COMMISSIONER OF SECURIT ESI FOR APPROVAL, AND AUTHORIZING EXECUTION Or AI MEMORANDUM OF AGREEMENT AND PREPARATION 0 NECESSARY DOCU- MENTS BE IT RESOLVED by the City louncil of the City of Hopkins, Minnesota, as follows: Section 1. Recitals. 1.01. The Legislature of t e1State of Minnesota in Minnesota Statutes, Chapter 474, as a ended (the Act) has found and declared that the welfare of the Stat- requires active promotion, attraction, encouragement and develop exit of economically sound industry and commerce through govern -ntal acts to prevent, so far as possible, emergence of blighted la' ds and areas of chronic unem- ployment; has authorized municipaliti -s to. issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construc- tion, reconstruction, improvement and betterment of projects, includ- ing any properties, real or personal, used or useful in connection with a revenue producing enterprise - ngaged in any business; and has authorized municipalities to enter i to "revenue agreements" as defined in the Act with any person, :ir, , or public or private cor- poration or federal or state governm =nta1 subdivision - or agency (the "Contracting Party ") providing for t e tayment by the Contracting Party of amounts sufficient to provide or the prompt payment of principal of and interest on the rev -nue bonds. 1.02. Pursuant to the aut or.ty of the Act, it has been proposed that the City issue its rev =nue bonds in an amount sufficient to pay costs of the acquisition, con-truction, improvement and better - ment of certain real and personal properties in the City to be used by Super Valu Stores, Inc., a Delawa'e 4orporation (the Company), as a freezer addition to its current waiehpuse facility (the Project) and to make the proceeds of the sale of 'hose revenue bonds available to the Company, which will agree to pay thp City amounts sufficient to • pay promptly the principal of and in erest on the revenue bonds, and to cause the Project to be construct :d.l The Project is presently estimated to cost approximately $1,01 1.03. The existence of th :• I? oject would add to the tax base of the City, County and School i"istrict in which the City is located and would provide increased opPortunities for employment for residents of the City and surrounding, area. 1.04. The City has been advi that conventional . commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project is economically more feasible. 1.05. This Council has been Edvised that revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.06. There has been presented to this Council a form of Memorandum of Agreement relating to the issuance of revenue bonds of the City to finance costs of the Project. Section 2. Approvals and Authorizations. 2.01. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue nds under the provisions of the Act to finance costs of the Projec • 2.02. The Project is hereby given preliminary approval by the City and the issuance of revenue bonds for such purpose and in an amount not to exceed $1,000,000 approved, subject to approval of the Project by the Commissioner of S curities and of the purchas- ers of the bonds as to the details of the bond issue and provisions for their payment. 2.03. The form of Memorandum of Agreement is approved and the Mayor and City Clerk are authorized to execute the Memorandum of Agreement, with such changes as the City Attorney may approve, on behalf of the City. 2.04. In accordance with law, the Mayor' is hereby autho- rized and directed to submit the proposal for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, City Clerk, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate • to the Project, if it is approved by the Commissioner. Section 3. Special Obligations. In all events, it is understood, however, that the bonds of the City shall not constitute a chE.rg , lien or encumbrance legal or equitable upon any property of the City except the Project, -2- • • • if it becomes the property of the Ci.y, and each' bond, when, as, and if issued, is payable solely fro the revenue received from the Project and property pledged to she 'payment thereof, and shall not constitute a debt of the C t . t ,u 6 ,t,. . — Mayor Attest: . 4 _/ — ��. City C erk III STATE OF M NNE SOP N/ 55. 111 COUNTY OF HENN CITY OF H • 'KIN$ CLERK OF THE i, TH UN[1ERSIGNED ••;- <.nTA, AND CUSTODIAN NEP►N ('OUNTY ERTIFY THAT ' E k s Y C CITY OF HO'KIN HE g ,�,, : r . r TRF ,s'' -RIPT OF THE SE L A RE CORDS 01= OREGOING r p THEREOF PRESERVED THE ABOV • OR THE WHOLE C" CLERK. AND COPY OF y ,,. C AND ON LEI ' T E OF I CE OF iiir / "' - CITY CLERK OF T CITY OF HOPKIN 1 -3--