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82-26 r " - e . '1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE:____MayllL_~~l___________ RE SOLUT ION NO. 82-26 MOTION BY COUNCILMAN: Geving SECONDED BY COUNCILMAN Neveaux A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE DEPARTMENT OF ENERGY, PLANNING AND DEVELOPMENT FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. BE IT RESOLVED By the City Council of the City of Chanhassen, Minnesota, as follows: l. follows: It is hereby found, determined and declared as 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 local government units to act to prevent such econo- mic deterioration. 1.2 Landco, a Minnesota general partnership (hereinafter the "Company"), has advised this Council of its desire to acquire and improve land and to construct and equip thereon a one story multi-tenant building of approximately 19,552 square feet for commercial rental purposes (the "Project"). 1.3 The existence of the Project within the City would significantly 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 con- ventional, 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 aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. , . " e e . ol, .. 1.5 This Council has been advised by First National Bank of Wayzata, Wayzata, Minnesota, that on the basis of information submitted to it and the discussions with represen- tatives of the Company that bonds or 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. 1.6 The City is authorized by Minnesota Statutes, Chapter 474 (the "Act"), to issue its revenue bonds or other obligations (the "Bonds") to finance capital projects con- sisting 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 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 under the provisions of the Act to finance the Project of the Company in an amount not to exceed $650,000. 3. The Council declares that it is its present intent to issue the Bonds, and the Project above referred to is hereby given preliminary approval by the City and the issuance of Bonds for such purpose and in such amount approved, subject to approval of the Project by the Department of Energy, Planning and Development ("Department") of the State of Minnesota and to the mutual aagreement of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and provisions 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 property pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional, charter 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 1n behalf of the City. 5. This Agreement may be terminated by mutual consent of the parties at any time, provided, however, that the City reserves the right, at its sole discretion, to withdraw its approval of the Project if at any time the City Council deter- mines that the public interest and the purpose of the Act will not be served by the Project. .. .... e e e .. . 6. 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 Department for approval. The Mayor, City Manager, City Attorney and other officers, employees, and agents of the City and Messrs. Lefevere, Lefler, Kennedy, OlBrien & Drawz, a Professional Association, of Minneapolis, Minnesota, as bond counsel, are hereby authorized to provide the Department with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the pre- paration of such documents as may be appropriate to the Project, if it is approved by the Department. Passed and adopted by the City Council of the City of Chanhassen this 17th day of May, 1982. ATTEST: ~IUL- Thomas L. Hamilton, Mayor k Don Ashworth, City Clerk/Manager YES NO ABSENT Mayor Hamilton Councilman Geving Councilwoman Swenson Councilman Neveaux Councilman Horn None None