Loading...
RES 1981-83 - 00006290166 ;dam �. 1/ y �. • :[ 1 I' l i / /: i •. • l i A "In 1: 1 I :d' :1" 1. Q I' Y 1'IR V' 1' i l' li l 1. H 1' "r 111 •,. •� ".1 '1' �:I' �1 M' 1' 1'111 �' 1' :A • li i 1' • / • •• 1 I• •' YDr1l' 1:. •' Va; Y •' 1 I I: �• Y :I/ WHEREAS, the purpose of Chapter 474, Minn co a statutes known as the Minnesota Municipal Industrial Development Act ( the "Act), as found and determined by the legislature, is to promote the welfare of the State of Minnesota (the "State ") by the active attraction and encouragement and development of economically sound industry and cclmlerce to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; and WHEREAS, factors necessitating the active promotion and development of economically sound industtry and commerce are the increasing concentration of population in the metropolitan areas, the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which shall provide an adequate tax base to finance these increased costs and access to unemployment opportunities for such population; and WHEREAS, the City Council (the "Council ") of the City of Fridley, Minnesota (the "City "), has received from Winfield Developments, Inc. a Minnesota corporation (the "Borrower "), a proposal that the City undertake to finance a Project (as hereinafter described ) through the issuance of revenue bonds (the "bonds ") pursuant to the Act; and WHEREAS, the City desires to facilitate the selective development of the community, retain and improve its tax base and help provide the range of services and employment opportunities required by its population, and the Project shall assist the City in achieving those objectives. The Project shall help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the City; and WHEREAS, the Project to be financed by the bonds is the acquisition of land and constructing and equipping of two office/warehouse /service centers to be used as office /warehouse /service centers (the "Project ") and shall result in the employment of additional persons to work within the new facilities; and WHEREAS, the City has been advised by representatives of the Borrower 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 the borrower has also advised this Council that with the aid of municipal financing and its resluting low borrowing cost the Project is economically more feasible. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley? Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of the Borrower that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act "), pursuant to the Borrower's specifications suitable for the operations described above and to a revenue agreement between the City and the Borrower upon such terms and conditions, with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the proposed bonds in the total principal amount of $4,000,000, to be issued pursuant to the Act to finance the costs of the Project, and the agreement may also provide for the entire interest of the Borrower therein to be mortgaged to the purchaser of the bonds; the City hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions. i i i i 3 Page 2 — RESOLUTION NO. 83 - 1981 1 Wi 2. On the basis of information available to this Council, it appears and the Council hereby finds that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue - producing enterprises engaged in any business within the meaning of Subdivision la of Section 477.02 of the Act, that the availability of the financing under the Act and willingness of the City to furnish such financing shall be a substantial inducement to the Borrower to undertake the Project and that the effect of the Project, if undertaken, shall be to encourage the development of econimically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve its tax base and provide to the range of service and employment opportunities required by its population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and to eventually increase the City's tax base. 3. The Project is hereby given preliminary approval by the City, subject to the approval of the Project by the Commissioner of Securities and subject to final approval by this Council, the Borrower and the purchaser or purchasers of the bonds as to the ultimate details of the financing of the Project. 4. In accordance with Subdivision 7a of Section 474.01, Minnesota statutes, the Clerk-Treasurer of the City is hereby authorized and directed to submit the proposal for the above - described Project to the Commissioner of Securities, requesting the Commisssioner's approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as the Commissioner may require. Representatives of the City and Linquist & Vennum, as bond counsel, are hereby authorized, in cooperation with the Borrower and the Borrower's counsel, to initiate the preparation of a proposed loan agreement, mortagage 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. 5. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City inconnection with the financing of the Project, whether or not approved by the Commissioner, shall be paid by the Borrower. b. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expediture of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder or holders from time to time of the bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the bonds or the interest thereon or to enforce paymet thereof against any property of the City. The bonds shall recite in substance that the bonds, including interest theron, are payable soely form the revenue and proceeds pledged to the payment thereof. The bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. In anticipation of the approval of the Commissioner of Securities and the issuace of the bonds to finance all or a portion of the Project and in order that completion of the Project shall not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the bonds as the Borrower considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the bonds is and when delivered but otherwise without liabiltiy on the part of the City. PASSED AND ADMYTED BY WE CITY ODDS OF THE CITY OF FRIDLFY THIS 10TH DRAY OF ADMSrs 1981. NEE ATDW: �a c ., cI'lY CLEM - C. IH4la 3