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78-60 ~ e CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES, MINNESOTA RESOLUTION Date October 2, 1978 Resolution No. 78-60 Motion by Councilman Neveaux Seconded by Councilman Pearson RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT, REFERRING THE PROPOSAL TO THE COM- MISSIONER OF SECURITIES 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 Chanhassen, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: e 1.1. The welfare of the State of Minnesota 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 the state has encouraged local government units to act to prevent such economic deterioration. 1.2. Lyman Lumber Company, a Minnesota corporation (hereinafter, the Company), has advised this Council of its desire to construct and equip on certain land within the City, one or more buildings (such land, buildings and equipment being herein- after referred to as the Project), for use by the Company as a storage and distribution facility and component plant for lumber products and other building materials. 1.3. The existence of the Project within the City would increase the tax base of the City, and would provide opportunities for employment for residents of the City and surrounding area. 1.4. The City has been advised that conventional com- mercial 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 signifi- cantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. e 1.5. This Council has been advised by a representative of Allison-Williams Company of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of infor- mation submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. . e e r, . 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue 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 substantial inducement to the Company to construct its facility within the City. 2. On the basis of information given to the City to date, it appears that it would be in the best interest of the City to issue its revenue bonds under the provisions of Chapter 474 to finance the Project of the Company at a cost presently estimated to be approximately $1,550,000. 3. The Project above referred to and the issuance of bonds for such purpose and in such amount are hereby given preli- minary approval by the City, subject to approval of the Project by the Commissioner of Securities 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 provisions for their payment, and subject, further, to the reservation of the right by the City to deny the application of the Company at any stage of the proceedings prior to the adoption of the final resolution authorizing issuance of the bonds. 4. In all events, it is understood, however, that the bonds of the City 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 property pledged to the payment thereof, and shall not constitute a debt of the City. 5. In accordance with the Minnesota Statutes, Section 474.01, Subdivision 7, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, City Manager, City Attorney and other officers, employees and agents of 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. Passed and adopted by this 2nd day of October the Council of the City of Chanhassen '~ Mayor ~ ~ ATTEj /1 J /\ /l ---1- ~LL CJjL,u~ City Manager YES NO Mqyor lIobb~ Councilman Waritz CounciJ.Jman Neveaux councilman Pearson CounclLman GeVlng -2-