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and moved its adoption:
introduced the following resolution
RESOLUTION #77-73
RESOLUTION GIVING PRELIMINARY APPROVAL
TO A PROJECT UNDER THE MUNICIPAL INDUS-
TRIAL DEVELOPMENT ACT, REFERRING THE
PROPOSAL TO THE COMMISSIONER OF SECURI-
TIES FOR APPROVAL, AND AUTHORIZING
EXECUTION OF A MEMORANDUM OF AGREEMENT
AND PREPARATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council of the City of
Lakeville, Minnesota (the City), as follows:
1.1. The welfare of the State of Minnesota requires
active promotion, attraction, encouragement and development of
ecomically 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 has encouraged
local government units to act to prevent such economic deterio-
ration.
1.2. Merillat Industries, Inc., a Michigan corporation
(hereinafter, the Company), has advised this Council of its desire
to acquire certain properties in the City, consisting of land and
an existing building thereon and the construction of improvements
to and the acquisition and installation of personal property and
equipment in said building (collectively, the Project), for use
by the Company in its business of assembly and distribution of
kitchen cabinets and bathroom vanities.
1.3. The land and existing building included within the
Project is owned by Fredrick -Willy, Incorporated, which has dis-
continued its business operations thereat.
1.4. The acquisition and improvement by the Company
of the Project would significantly increase the tax base of the
City and the county and school district in which the City is
located, and would provide opportunities for employment for
residents of the City and surrounding area.
1.5. The City has been advised that conventional,
commercial financing to pay the capital cost of the Project is
available only on a limited basis and at such high costs of
borrowing that the economic feasiblity of acquiring and oper-
ating the Project would be significantly reduced and that the
availability of municipal financing, and its resulting low
borrowing cost, will be a substantial inducement for the Com-
pany to acquire the Project.
_,.,.a,.. },v ?iron, seconded by %,uLLI
it
1.6. This Council li'-ui bv(tt a(lvi.:t(.rl 1>y n
Live of The Ohio Company, of Toledo, Ohio, investment bankers
and dealers in municipal bonds, that on the basis of information
submitted to them and their discussions with representatives of
the Company and potential buyers of tax-exempt bonds, industrial
development revenue bonds of the City could be issued and sold
upon favorable rates and terms to finance the Project.
1.6. The City is authorized by Minnesota Statutes,
Chapter 474, to issue its revenue bonds to finance capital
projects consisting of properties used and useful in connection
with a revenue producing enterprise, such as that of the Com-
pany, and the issuance of such bonds by the City would be a
su:)stantial inducement to the Company to construct its facility
within the City.
2. On the basis of information given the City to date,
it appears that it would be in the best interest of the City to
issue its industrial development revenue bonds under the provi-
sions of Chapter 474 to finance the Project of the Company at a
cost presently estimated to be approximately $3,000,000.
3. The Project above referred to is hereby given pre-
liminary 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 and to the mutual
agreement of this body, the Company and the initial purchasers
of the bonds as to the details of the bond issue and provisions
for their payment. In all events it is understood, however,
that the bonds of the City 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 property pledged to the payment thereof, and shall
not constitute a debt of the City.
4. The form of Memorandum of Agreement relating to
the issuance of revenue bonds of the City to finance the cost
of the Project is hereby approved and the Mayor is hereby au-
thorized and directed to execute the Memorandum of Agreement in
behalf of the City.
5. In accordance with Minnesota Statutes, Section
474.01, Subdivision 7, the Mayor is hereby authorized and directed
to submit the proposal for the Project to the Commissioner of
Securities for his approval of the Project. The Mayor, City
Administrator, City Clerk, City Attorney and other officers,
employees and agents of the City are hereby authorized to pro-
vide the Commissioner with any preliminary information he may
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need for this purpose, and the City Attorney is hereby authorized
to initiate and assist in the preparation of such documents as may
be appropriate to the Project, if it is approved by the Commissioner.
Mayor
City Clerk
The motion for the adoption of the foregoing resolution
was duly seconded by Curry , and upon vote being taken
thereon, the following voted in favor thereof • Curry, zaun and Mako
and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted and
was presented to the Mayor who approved and signed the same, which
was attested by the City Clerk.
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