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85-7061RRESOLUTION N0. 7061 RESOLUTION GI9x,*tG PBELIMINABY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOP*NT ACT: REFER,RI<!iG THE PROPOSAL TO THE DEPARZ~NT OF ENERGY, PLANNING AND DEVELOPMENT FOB APPROVAL; AN'D AUTHORIZING EXECQTION OF A MEMORANDUM OP AGREEMENT AND PREPARATION OF NECESSARY DOCUMEZiTS BE IT RESOLVED $y the City Council of the City of Richfield, Minnesota (City), as follows: 1. It is hereby found, determined and declared as follows: I.I 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- meat, and the state has 2acouraged local goverment units to act to prevent such economic deteriaratioa. 1.2 Michael •Oreck and Susan Orec~C, individuals residing is Hennepin County (Company), have advised this Council of its desire to rehabilitate certain commercial property in the City located at 6401 - 6435 Lyadale Avenue South is the City for lease to various commercial tenants (Project). I.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 caaveational, commercial financing to pay the capital cast of the Project is avail- able only on a limited basis and at each high casts 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 cast, the Project is economically more fens- ib1e. 1.5 This Council has been advised by First Minneapolis, Minneapolis, Minnesota, investment bar basis of information submitted to it and the representatives of the Company that bonds or notes part of the cost of the Project can be successfullq will undertake to purchase such bonds or -notes. National Bank of ikers, that on the discussions with to finance all or sold, and that it I.6 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations (Bonds) to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Compaaq, and the issuance of such Bonds by the City would be a sub- stantial inducement to the Compaay•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 Minnesota Statutes Chapter 474 (Act) to finance the Project of the Company at a cost presently estimated to be agproaimatelq $400,000. 3. The Couacii declares (that it is its present intent to issue the Bonds. The Project above ~eferred to is hereby given preliminary approval by the City and the is~uance of Bonds for such purpose and in such amount approved, subject) to approval of the Project by the Minnesota Energy and Economic Development Authority (Authority) and to the mutual agreement of this body, the Company and the initial pur- chasers of the bonds as to the details of the Bonds and provisions for- their 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 fxom the Project and properly pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of nay constitutional, charter or statutory limitation thereon. 4. The form of-Memorandum of Agreement relating to the issuance of the Bonds to finance the cbst 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. 5. Ia 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 Authority for approval. The Mayor, City Manager, City Clerk, City Attorney and other. officers, employees, and agents of thee, City and LeFevere, Lefler, Rennedy, O'Brien ~ Drawz, a Professional. Association, as bond counsel and City Attorney, are hereby authorized to provide the Authority 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 Authority. ', Passed by the City Council of~'the City of Richfield, Minnesota this 9th day of September, 19$5 ATTEST: '~ ~L` / l Thomas P. rerber, City Clerk