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85-66 e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 18, 1985 RESOLUTION NO: 85-66 MOTION BY: Swenson SECONDED BY: Horn RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota (the City) as follows: e SECTION 1. Recitals and Findings. 1.1. This Council has received a proposal that the City finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition and installation of equipment (the Project) at the plant in the City owned by M. A. Gedney Company (the Borrower). The Plant is located at 2100 Stoughton Avenue in the City. The Project is described in greater detail in Exhibit A attached hereto. 1.2. At a public hearing, duly noticed and held on November 18, 1985, in accordance with the Act, on the proposal to under- take and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on the public hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, deter- mines and declares as follows: a. The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economi- cally 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 of Minnesota has encouraged local government units to act to prevent such economic deterioration. b. The Project would further the general purposes con- templated and described in Section 474.01 of the Act. e c. The existence of the Project would add to the tax base of the City, the County and School District in which the project is located and would provide increased opportunities for employment for residents of the City and surrounding area. e e e ~. d. This Council has been advised by the Borrower that con- ventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the Project would not be presently undertaken without the aid of revenue bond financing. e. This Council has also been advised by the Borrower that on the basis of its discussions with potential buyers of tax- exempt bonds, revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. SECTION 2. Approvals and Authorizations. 2.1. On the basis of the information given the City to date, it appears that it would be desirable for the City to issue its revenue bonds under the provisions of the Act, in one or more series, to finance the project in the estimated total amount of $1,300,000. 2.2. The Council hereby determines to proceed with the Project and its financing, and hereby declares its present intent to have the City issue its revenue bonds under the Act to finance the Project, subject to the approval of the Project by the Minnesota Department of Energy and Economic Development. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or this Council to issue or to cause the issuance of such revenue bonds. All details of such revenue bond issue and the provisions for payment thereof shall be subject to the mutual agreement of this Council, the Borrower and the purchaser or purchasers of the revenue bonds and such further conditions as the City may specify, such agreement and specifica- tion on the part of the City to be evidenced by a resolution of this Council authorizing the issuance of the revenue bonds on the terms and conditions agreed upon and authorizing the execution of necessary documents. In all events, it is understood that the revenue bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the revenues pledged to payment of such revenue bonds, 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 any property pledged to the payment thereof and shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation. 2.3. The Application to the Minnesota Department of Energy and Economic Development, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents on behalf of the City. e e e 2.4. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Project, whether or not the Project is carried to completion, and whether or not approved by the Department of Energy and Economic Development, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request. Adopted this 18th day of November, 1985. ATTEST: Don ;{2, Gfl,YJb <:/l Ashworth, City Clerk/Manager Tqbmas L. YES NO Hamilton Horn Watson Swenson Gevinq None ABSENT None