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1977-3235 RESOLUTION NO. 32 A RESOLUTION DETERMINING NEED FOR FINANCING: REQUESTING THE CITY COUNCIL TO AUTHORIZE THE ISSUADICE OF GENERAL OBLIGATION REDEVELOPMENT BONDS TO • FINANCE PROJECTS IN THE LYNDALE-HUB- NICOLLET REDEVELOPMENT AREA WHEREAS, pursuant to the requirements of rlinnesota Statutes, Sections 462.411 to 462.716, the Municipal Housing and Redevelopment Act (the "Act") this Authority has applied to the City Council of the City of Richfield (the "City") for approval of a redevelopment project described as the Lyndale-Hub-iJicoilet Redevelopment Area Project (the "Project Area"), and WHEREAS, the City Council has held a public hearing after public notice and has approved the Project Area by resolution duly adopted on November 24, 1975, pursuant to Section 462.521 of the Act, including approval of the financing of part or all of the Project tires costs by the issuance of bonds of the City payable in whole or in part by tax increments derived from the Project Area (the "Tax Increments"), and WHEREAS, this Authority has, pursuant to Section 462.585, Subdivision 2, of the Act, duly requested the County Auditor of Hennepin County. to certify the original taxable value of the Project Area and to return the resulting Tax Increments to the Authority to finance the redevelopment of the Project Area, and • WHEREAS, it is the intent of the Authority to utilize the authority granted by Sections 462.545 and 462.585 of the Act by requesting the City to issue its General Obligation Redevelopment Bonds in one or more series (the "Bonds") to finance various developments within the Project Area, and to pledge the Tax Increments from the Project Area, together with revenues from the Project Area, for the retirement of the Bonds, and WHEREAS, this Authority has approved the development plan and site plan, has authorized the execution of a develop:r,.:nt agree- ment (the "Agreement") and the acquisition of Land for the Promotional Department Store Parcels within the Project Area, and taken all other actions required by the Act for the undertaking of the sale of said Parcels for the construction of a department store by Financial Properties Developers, Inc. (the "Developer") for operation as a K-Mart department store (collectively, the "Project") and' WHEREAS, it is hereby found and determined that funds are needed at this time to finance the cost of acquisition, site • improvements, demolition and related costs (the "Redevelopment Costs") 36 .for the Project and other Redevelopment Costs in: the Project Area which are presently estimated to be as follows: K-Mart Project Costs Acquisition $ .1,746,765 Relocation 321,000 Dez~olition 134, 500 Appraisals 12,000 Legal Services 25,000 Engineering Services (City) 20 ,75 Accts. Services (City) 10,000. ~ •..~ Consulting Fees ~ 15,000 Misc. Expenses 5,000 Administration ],6.0,Q0Q Contingency (.10°s) 244,944 Other Project Area Costs Anticipated taxes 323,000 Repay to City - BRW contract 70,000 Wood Lake School Special Assessments 113,000 Right--of-6Vay Acquisition 1, 009, 200 Additional Related Acquisition ~ 130,000 $ 4,478,584 Capitalized Interest 1,991,434 TOTAL 6,270,018 and WhEREAS, the City is authorized by Section 462.585, Subdivision 4, of the Act, to issue General Obligation Redevelopment °Bonds if this Authority pledges tax increments received from the Project Area for the payment of the principal of and interest on bonds issued in aid of the ProjE~~t pursuant to Sections 462.551 or 462.581 of the Act, and • W1iEILAS, the pledge of tax increments must be made by written agreement executed by the Authority and-the City and filed with the County Auditor, and when such an agreement is made and filed, the City may issue general obligation bonds as provided in Minnesota Statutes, Chapter 475 subject only to the conditions required for bonds financing improvement costs reimbursable from special assessments; ;q~:: Resolution No. 32 . -2- NOW, THEREFORE, BE IT RESOLVED BY THE HRA OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLL06dS: 1. This Authority hereby, and by the Tax Increment Agreement attached hereto as Exhibit A, pledges and appropriates all of the Tax increments from the Project. Area and all revenues received from lands in the Project Area while okmed by this Authority-for the payment of the principal of and interest on Bonds when and if issued by the City in aid of developments in the Project Area. 2.. The form of the Tax Increment Agreement attached hereto is approved and the Chairman and Executive Director are authorized and directed to execute the Tax Increment Agreement and to forward it to the City Council with this Resolution. 3. The Authority hereby requests .the City Council of the City to authorize the issuance and sale of its General Obligation. Redevelopment Bonds of 1977 Series A) in the aggregate principal amount of not to exceed $6,340,OOQ to finance the Redevelopment Costs of the Project and other Project Area costs. 4. The Authority further. respectfully informs the City Council that it intends, and for the reasons set forth in this Resolution, to request additional series of Bonds in the future to finance-the Redevelopment Costs of other developments within the Project Area, all in conformance with the Redevelopment Plan for the Project Area. The Authority, therefore, requests that each series of Hondas issued in aid of the Project Area, and pursuant to the Tax Increment Agreement, be on a parity • with each other series of Sonds so issued and be equally and ratably secured by the pledge. of the Tax Increment Agreement-and this Resolution. Passed by the Housing and Redevelopment Auth ity of the City of Richfield this 9th day of May, 1977. °~~ Loren L. Law Chairman 9 Ivan Lu man Secretary • 37 _ -. ' Attachment to HRA Resolution No. 32 ' TAX INCREMEATT AGREEMENT EXHIBIT "A" THIS AGREEMENT, made and entered into this 9th day of ~Y •, 1977, by and between the City of Richfield, Minnesota, a municipal 'corporation organized and existing under and by virtue of the Laws of the State of Minnesota (the "City") and the Housing and Redevelopment Authority of Richfield, Minnesota, a governmental agency formed and existing under the Laws of the United States of America and the State of Minnesota, (the "Authority").. WITNESSETH: WHEREAS, the Authority has approved a certain redevelopment project described in the attached exhibit entitled "the Lyndale- Hub-Nicollet Project Area (the "Project") and has, 'by appropriate action, applied to~the City Council for approval of-the Project and WHEREAS, the City has by resolution approved the Project and WHEREAS, Minnesota Statutes, Section 462.585 authorizes tax increment agreements between a Housing and P.edevelopment Authority and the Municipality within which such redevelopment projects are situated: NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is hereby agreed,: by and between the parties hereto as follows: 1. The Authority hereby expressly pledges 'that any and~all tax increment payments made to the Authority by the Hennepin County Auditor from the Project described in the attached Exhibit, and all revenues from land within the Project Area while owned by the Authority, shall be pledged and assigned to the City, for the purpose of paying principal of, interest on and redemption premium, if any, of any and all bonds of the City which may hereafter be issued by the City for the financing of the Project described in said Exhibit. 2. The City expressly .agrees that it will from time to time and at the request of the Authority issue its General Obligation Redevelopment Bonds in separate series of Bonds to finance the public redevelopment costs of the Project. 3. The City hereby acknowledges the request of the Authority by its Resolution of P4ay 9, 1977, to authorize and issue General Obligation Redevelopment Bonds, Series 1977, in the aggregate principal amount of not to exceed $6,300,000, and agrees that it will authorize and issue such Bonds. 4. All series of Bonds issued pursuant to this Agreement shall be on _a parity one with the other, and the tax increments and other revenues pledged hereby shall be used solely for the purpose of payment. of principal and interest on all series of Bonds. 5. The parties hereto do hereby mutually agree that it is the express intent purpose of this agreement to utilize the provisions of Minnesota Statutes, Section 462.585,. commonly referred ,; .. -• to as the authorisation.for tax increment financing, for the Project described in the attached Exhibit, and that~all tax increments received with respect to the Project shall be segregated by the Authority in a special .account on its official books until the public redevelopment cost of the project, including interest on all money borrowed therefor, has been fully paid and the City has been fully reimbursed from the tax increments or .revenues of lands within the Project Area for any principal and interest on general obligation bonds which the City has issued for the Project or has paid from taxes levied on other property within the City's corporate limits. IN WITNESS WHEREOF, the parties hereto have caused this I ~~ agreement to be executed the day and year first above written. C Attest.: . .e ~~. City erk (SEAL) E HOUSSNG AND REDEVELOPMENT AUTHORITY OF RxCHFSELI~, MINNESOTA ~i~ Attest: Secreta y ~!~ By ~ J . Execute Direc or (SEAL ) By .S'. Ca.ty Klan er