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80-6281R37 RESOLUTION N0. 6281 RESOLUTION GIVING PRELI;IIpLgRY APPROVAL TO A PROJECT UYDER THE PNNICIPAL INDUSTRIAL DEVELOPPIENT ACT: REFERRING THE PROPOSAL TO THE COMPIISSIONER OF SECURITIES FOR APPROVAL; AND AUTlIORIZING EYECUTION OF A 1`IEMORANDU;~1 OF AGREEMENT AND. PREPy~TION OF NECESSARY DOCL'iIENTS PlinnesotalT SOLVED By the City Council of the Cit as follows: Y of Richfield, 1• It is hereb Y found, determined and declared as follows: 1.1 Ttre welfare of the State of "' _ tion, attraction Minnesota requires active industr ~ encouragement and development of economical) promo- y and commerce through governmental acts to possible, emergency' of bli titecl Y sound ment g lands and areas of pchronic unemploys and the state has encouraged-local prevent such economic deterioration.. government u nits to act to 1.2 The S & hi Com pan "Com an 1 Y, a Minnesota corporation P Y ), has advised this Council of its improve land and to (hereinafter the for and the expansioncofsaruct and e ui desire to acquire and q p thereon additional facilities to Lyndale Hardware retail hardware store facilit hardware and related for use in its business of Y to be leased products (the "project„)- the retail sale of 1.3 The existence cantly increase the tax in which the City is employment for residents 1.4 The City has been advised b commercial financing to pay the ca italthe Coinpan~, that conventional, able only on a limited basis and aP cost of the Project is avail- the economic feasibilit such high costs of borrowin icantly reduced Y °f operating the Project would g that resultin ~ but that with the aid of munici al be si g low borrowin P financin gnif- ible. g cost, the Project is ecanomicall g' and its Y more feas- 1•5 This Council has pals, Inc. been advised by Miller & Schroeder Munici- investment bankers submitted to them and the ' that on the Company that bonds discussions basis of information or notes with representatives of .the Project can be to finance all or successfully sold Part of tiiP cost of the or notes. and that it will purchase such bonds of the Project within the City would sigriifi- base of the City, County and school located, and would provide o district of the City and surroundin PP°rtunities for g area. 1.6 The City is authorized to issue its revenue bonds or finance capital projects consisti. connection .with a revenue product Company, and the issuance of suct stantial inducement to the Company City. 2. On the basis of inforn presently appears that it would be issue its industrial development r Chapter 474 to finance the Projec estimated to be approximately $1,5 ~y Minnesota Statutes, Chapter 474, ther obligations (the "Bonds") to g of properties used and useful in ng .enterprise, such as that of the Bonds by the City would be a sub- to construct the Project within the ition given the City to date', it in the best interest of the City to venue Bonds under the provisions of of the Company at a cost presently 0,000. 3. The Council declares that it is its present intent to issue the Bonds, and the Project 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 Commissioner of Securities of the State of Minnesota and to the mutual agreement of this body, the Company and the initial purchasers. of the bonds as to the details of the bocid issue and provisions for its payment. In all events, ~it is understood, however.,ithat 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 .properly pledged to the payment debt of the City within the meani ......statutory limitation thereon. ereof, and shall not constitute a of any constitutional, charter or 4. The form of Memorandum of of the Bonds to finance the cost and the Mayor and City Clerk are execute the Memorandum of Agreement 5. In accordance with P1in Subdivision 7A, the rlayor and City to submit the proposal for the Pro ities for approval: The Mayor, Attorney and other officers, emplc Messrs. LeFevere, Lefler, Pearson, are hereby authorized to provide the information needed for this purpose ized to initiate and assist in thi may be appropriate to the Project, signer. Passed by the City Council of of August, 1980, ATTEST: Sy1vi~K. Bergh Ac `ting City s~ Agreement relating to the issuance ~f the Project is hereby approved, hereby authorized and directed to in behalf of the City. iesota Statutes, Section 474.01, Clerk are authorized and directed ject to the Commissioner of Secur- City Clerk, City Manager, City yees, and agents of the City and O'Brien & Drawz, as bond counsel, Commissioner with any preliminary and the City Attorney its author- preparation of such documents as if it is approved by the Commis- the City of Richfi`eYd this 25th day ~> ~~ onald J. Priebe y