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HomeMy WebLinkAboutCity Council Resolution 1981-499CITY OF PLYMOM Pursuant to due call and notice thereof, a _fey lar meeting of the City Council of the City of Plymouth, Minnesota, was held on the 17th day of Auaust , 19 81 The following members were present: Uavenport, Cniinrilmemb rs Hoyt, Neils, Schneider and Threinen were absent: none Qnij0CJ1mPmhPr Hoyt introduced the following Resolution and moved its adoption: RESOLUTION NO. 81-499 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES AND REAL ESTATE FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED By the City Council of the City of Plymouth, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: 10 1.1 The welfare of the State of Minnesota requires active promo- tion, attraction', encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergency of blighted lands and areas of chronic unemploy- ment, and the state has encouraged local government units to act to prevent such economic deterioration. 1.2 Linhen, a Minnesota limited partnership (hereinafter the "Company"), has advised this Council of its desire to construct and equip a new office and plant facility in the City to be leased to Big Bear Construction, Inc. ("Tenant"), for use in Tenant's business of the restoration of residential and commercial prc.perty after casualty (the "Project"). 1.3 The existence of the Project within the City would signifi- cantly increase the tax base of the City, County and school district in which the City is located, and would provide opportunities for employment for residents of the City and surrounding area. 1.4 The City has been advised by the Company that conventional, commercial financing to pay the capital cost of the Project is avail- able only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be signif- icantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feas- ible. 1.5 This Council has been advised by Summit State Bank of Bloomington, Minnesota, that, on the basis of information submitted to it and the discussions with representatives of the Company, bonds o; notes to finance all or part of the cost of the Project can be successfully sold, and that it will purchase such bonds or notes. Resolution f 81-499 Page 2 1.6 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds or other obligations (the "Bonds") to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Company, and the issuance of such Bonds by the City would be a sub- stantial inducement to the Company to construct the Project within the City. 2. On the basis of information given the City to date, it presently appears that it would be in the best interest of the City to issue its industrial development revenue Bonds in an amount of not to exceed $350,000 under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated to be approxi- mately $425,000. 3. The Council declares that it is its present intent to issue the Bonds, and the Project above referred to is hereby given prelim- inary approval by the City and the issuance of Bonds for such purpose and in such amount approved, subject to approval of the Proj:act by the Commissioner of Securities and Real Estate of the State of Minnesota and to the mutual agreement of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and pro- visions for its payment. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and each Bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and properly pledged to the payment thereof, and shall not constitute a debt of the City within the mean- ing of any constitutional or statutory limitation thereon. 4. The form of Memorandum of Agreement relating to the issuance of the Bonds to finance the cost of the Project is hereby approved, and the Mayor and City Manager are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. S. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7A, the Mayor and City Manager are authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate for approval. The Mayor, City Manager, City Attorney and other officers, employees, and agents of the City and Messrs. LeFevere, Lefler, Kennedy, O'Brien & Drawz, A Professional Association, as bond counsel, are hereby authorized to provide the Commissioner with any preliminary information needed 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. The motion for the adoption of the foregoing Resolution was duly seconded by ilmember Neils , and upon vote being taken thereon, the fol owIng votea in favor thereo,: pyor Davenaort, Councilmembers Hoyt, ils Schneider and Threine The following voted against or a stain Whereupon the Resolution was declared duly passed and adiopted. AAA AAA AAA