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13-1146r HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA HRA RESOLUTION NO. 1146 RESOLUTION AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH PROPERTY LOCATED WITHIN CEDAR AVENUE TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED By the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield,Minnesota(the"Authority")as follows: Section 1. Background. 1.01. The City of Richfield (the "City") has ordered the Richfield Parkway Phase II Project (Improvement Project No. CP-41007 (North Richfield Parkway)), which includes reconstruction and widening of Richfield Parkway from 66th Street to Bloomington Avenue (the "Richfield Parkway Project"). 1.02. Due to the significant amount of right-of-way that is needed for the Richfield Parkway Project, the City has determined it necessary to acquire all or portions of 14 properties located on 17th Avenue (the "Assembled Properties"), because once the right-of-way is provided to the City, the remainder of the lots will not be usable for residential purposes. 1.03. The Authority previously purchased two parcels (the "HRA Parcels") of the Assembled Properties needed for the Richfield Parkway Project, and proposes to convey to the City the easements necessary for the construction of the Richfield Parkway Project over those parcels. 1.04. The City intends to purchase the remaining 12 parcels (the "City Parcels") of the Assembled Properties needed for the Richfield Parkway Project. 1.05. Following the completion of the Richfield Parkway Project, the City intends to levy special assessments against the Assembled Properties and convey to the Authority the City Parcels, reserving to the City an easement for the Richfield Parkway Project. 1.06. Pursuant to a Cooperative Agreement to be entered into by the Authority and the City (the"Cooperative Agreement"), it is proposed that the Authority take ownership and responsibility for the Assembled Properties and the Authority shall pay the special assessments levied against the Assembled Properties,which are estimated to be in the amount of$780,000. 1.07. In order to lessen the economic burden on the Authority, the City has proposed to loan funds to the Authority (the "Interfund Loan") from its Permanent Improvement Revolving Fund in order to prepay the special assessments levied against the Assembled Properties. 1.08. The Assembled Properties are located within the Cedar Avenue Tax Increment Financing District (a redevelopment district) (the "TIF District") within the Richfield Redevelopment Project Area (the "Redevelopment Project"), both established by the Authority pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "TIF Act"), Sections 469.001 to 469.047, as amended (the "HRA Act"), and Laws of Minnesota 2005, Chapter 152, Article 2, Section 25 (the"Special Law"). 1 1.09. Under Section 469.178, subdivision 7 of the TIF Act, the City is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.10. The Authority intends to use tax increment revenues derived from the TIF District to repay all or a portion of the Interfund Loan in accordance with the terms of this resolution. Section 2. Terms of Interfund Loan. 2.01. The Authority hereby authorizes the advance of up to $780,000 from the City's Permanent Improvement Revolving Fund. The Authority will reimburse the City's Permanent Improvement Revolving Fund for such advance, together with interest at the rate per annum described below. Interest accrues on the principal amount of the Interfund Loan from the date the special assessments are prepaid by the Authority, which is expected to occur in the fall of 2014 (hereafter, the "Advance Date"). The Interfund Loan shall bear interest at the rate of 0.0% per annum for the first 24 months following the Advance Date. On the first day of the 25th month following the Advance Date, the Interfund Loan shall begin bearing interest at the rate of 1.0%. 2.02. Principal and interest (the "Payments') on the Interfund Loan shall be amortized over twenty (20) years from the Advance Date and paid annually on December 31 (a "Payment Date"). Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the Advance Date will be simple interest and shall not be compounded annually. 2.03. Payments on the Interfund Loan may be made from Available Tax Increment, defined as tax increment from the TIF District received by the Authority from Hennepin County in the six-month period before any Payment Date (less any amounts determined by the Authority to be applied toward administrative expenses in accordance with the TIF Act or other senior obligations of the TIF District) or any other sources of funds the Authority may legally use to pay the Payments (including but not limited to proceeds of the sale of all or a portion of the Assembled Properties). With the consent of the City, the Interfund Loan may be subordinated to any future bonds, notes or contracts secured in whole or in part with tax increment revenues from the TIF District. This Interfund Loan is made on a parity basis with all outstanding obligations of the Authority with respect to the TIF District. Tax increments cannot be used to reimburse the City or the Authority for the acquisition costs related to the HRA Parcels or any of the City Parcels purchased prior to the Authority's adoption of this resolution. 2.04. The Authority hereby pledges the following revenues to the repayment of the principal of and interest on the Interfund Loan in the following order of priority: (i) all proceeds of the sale of all or any portion of the City Parcels; (ii) tax increment revenues derived from the TIF District and legally available to pay the principal of and interest on the Interfund Loan as described in Section 2.03; and (iii) any other funds of the Authority that are legally available to pay the principal of and interest on the Interfund Loan. 2.05. The principal sum and all accrued interest payable under this resolution is pre-payable in whole or in part at any time by the Authority without premium or penalty. 2.06. This resolution is evidence of an internal borrowing by the Authority in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable from Available Tax Increment pledged to the payment hereof under this resolution or any other sources of funds the Authority may use to pay the Payments. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority 2 and the City. 2.07. The Authority, with the cooperation of the City, may from time to time amend the terms of this resolution to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided that the interest rate may not be increased above the maximum specified in Section 469.178. subdivision 7 of the TIF Act. Section 3. Effective Date. This resolution is effective upon approval. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 19th day of February, 2013. fit. >/ St} ne M. Sandahl, Chair ATTEST: ' 4,00 - Doris Rubenstein, Secretary 3