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RES 1983-76 - 00005780161 RESOLUTION NO. 76 — 1983 RESCLUFION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. (FRANK SHEAR ASSOCIATES) BE IT RESOLVED by the City Council (THE "Council") of the City of Fridley, Anoka County, Minnesota, (the "City "), as follows: 1. It is hereby found, determined and declared as follows: A. The welfare of the State of Minnesota (the "State ") requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. B. Technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. C. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finances these costs. D. Frank Shear Associates, a Minnesota general partnership (the "Company "), has advised the Council that it desires to acquire land and construct a building at 40 77th Way N.E., Fridley, Minnesota, and to acquire and install equipment therefore (the "Project "), all to be used as a commercial printing facilit. Page 2 — Resolution No. 76 - 1983 162 E. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City. F. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such 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 cost the Project is economically more feasible. G. This Council has been advised by Piper, Jaffray & Hopwood, Minneapolis, Minnesota, of its intention to purchase commercial development revenue bonds, notes or other obligations of the City to finance the Project. H. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement, betterment or extension of capital projects consisting of properties used and useful in connection with a revenue producing enterprise, including the Project; the issuance of such bonds, notes or other obligations by the City would be substantial inducement to the Company to construct its facility in the City. 2. 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 commercial development revenue bonds, notes or other obligations under the provisions of Minnesota Statutes, Chapter 474, to finance the Project of the Company at a cost presently estimated not to exceed $4,300,000. 3. The Project is hereby given preliminary approval by the City and the issuance of bonds, notes or other obligations for such purpose and in such ' amount is hereby approved, subject to approval of the Project by the Minnesota Energy and Economic Development Authority (the "Authority ") and to the mutual agreement of this body, the Company and the initial purchasers of the bonds, notes or other obligations as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds, notes or other obligations of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Project and each bond, note or other obligation when, as and if issued shall recite in substance that the bond, note or other obligation, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City. Page 3 — Resolution No. 76 - 1983 163 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Authority for approval of the Project. The Mayor, the City Clerk - Treasurer, the City Manager and other officers, employees and agents of the City are hereby authorized to provide the Authority with any preliminary information needed for this purpose and are further authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project and the financing thereof, if it is approved by the Authority. ' 5. The adoption of this resolution by the Council does not constitute a guarantee or a firm commitment that the City will issue the bonds, notes or other obligations as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the bonds, notes or other obligations should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds, notes or other obligations or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF SEPTEMBER, 1983. WILLIAM J. - MAYOR