HomeMy WebLinkAbout83-062
~ CERTIFICATION OF MINUTES RELATING TO
' $ 2 , 6 0 0 , 0.0 0 COMMERCIAL DEVELOPD~IENT REVEiiUE OBLTGATI'Oi1S
' {CEDAR 70 BUSIIESS PARK PROJECT)
Issuer: City of Lakeville, Minnesota
~ Governing. Body: City Council
I:ind, date, tirae anti place of meeting: A council meeting held
on June 20, 1983, at 7:00 o'clock P.M., at the City Hall.
Members present: Nelson, Sindt, Zaun, Enright, Harvey
Members absent: None
Documents Attached: Minutes of said meeting (pages):
~ RESOLUTION N0. 83-62
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPI-1ENT ACT, AUTHORIZING THE SUBMISSION OF
AN APPLICATION FOR APPROVAL OF SAID PROJECT TO
THE COIv1MISSIOrIER OF ENERGY, PLANNING AND
DEVELOPi~ZENT, AND AUTHORIZING THE PREPARATION
OF NECESSARY DOCUMENTS AND r1ATERIALS IN
CONNECTION WITH SAID PP.OJECT
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the bonds
referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been care-
fully compared with the original records of said corporation in
~ my legal custody, from which they have been transcribed; that
said documents are a correct and complete transcript of the minutes
of a meeting of the governing body of said corporation,. and correct
and complete copies of all resolutions and other actions taken and
of all documents approved by the governing body at said meeting,. so
far as they relate to said bonds; and that said meeting was duly
~ held by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
tvITI1ESS my hand officially as such recording officer this
20th day o f June , 19 8 3 .
Signature
Patrick i~IcGarvey, City Administrator
~ Name and Title
• ~ Councilperson .Enright introduced the following
resolution anc~ moved its adoption:
RESOLUTION N0. 83-62
RESOLU'T'ION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MINIvTESOTA l1UNICIPAL INDtiSTRIAL
DEVELOPTIENT ACT, AUTHORIZING THE SUBMISSION OF
AN APPLICATION FOR APPROVAL OF SAID PROJECT TO
THE CCI~IMISSIONER OF ENERGY, PLANNIIJG AND
~ DEVELOPI.1E:yT, AND AUTHORIZING THE PREPARATION
OF NECESSARY DOCUMENTS AND A'IATERIALS IN'
CONNECTION ti4ITH-SAID PROJECT
BE IT RESOLVED by the City Council of the City of
. Lakeville, Minnesota as follows:
Section 1. Recitals.
1.01. The City Council has received from Cedar 70
Business Park (the "Borrower"), a proposal that the City issue
~ its revenue obligations pursuant to the Minnesota Municipal
Industrial. Development Act, Minnesota Statutes, Chapter 474, to
finance the cost of a Project as defined in Chapter 474 to be
undertaken by the Borrower;
1.02 The Project consists generally of the acquisition
~ of land and construction of 4 office-warehouse buildings in the
City;
1.03. The total capital cost of acquisition, design,
construction, equipping and financing the Project is estimated
to be $2,600,000;
1.04. The City has been advised by the Borrower that
conventional, commercial financing to pay the capital cost of
undertaking the Project is available only at such costs of bor-
rowing that the economic feasibility of undertaking the Project
would be reduced, but the Borrower has also advised this Council
~ that with the aid of municipal financing and its resulting low
borrowing cost, the Project is economically enhanced; and
1.05. The Council held a public hearing on the proposed
financing of the Project by the City on June 20, 1983, at
which hearing all residents and interested persons were afforded
~ an opportunity to express their views and to be heard by the
Council.
Section 2. Policy and Purpose. On the basis of infor-
mation provided to this Council by the Borrower it appears, and
the Council hereby finds, determines and declares that the effect
of the Project, if undertaken, will be to increase the general
~ level of economic activity in the City, to increase the property
tax base in the City, and to increase curzent employment oppor-
tunities for residents of the City, all to the benefit of the
residents of the City and the State of Minnesota,
Section 3. Authorization.
3.01 The Council hereby approves the proposal of the
Borrower that the City undertake to issue its revenue obligations
pursuant to Chapter 47~ to finance all or such portion of the cost
of the Project as the City shall determine, and upon such terms and
conditions as are hereafter mutually agreed upon by the City, the
~ Borrower and the purchaser of the revenue obligations, with provi-
sions for revision from time to time as necessary, so as to produce
income and. revenues sufficient to pay, when due, the principal of
and interest on the revenue obligations.
3.02 The Project is hereby given preliminary approval
~ by the City. The City hereby undertakes preliminarily to issue
its revenue obligations in one or more series, in an aggregate
amount not exceeding the cost of the Project, to finance the cost
of the Project.
~ 3.03. The Mayor and City Administrator are hereby
authorized and directed to submit the proposal for the above-
. described Project to the Commissioner of Commerce requesting
his approval. '
Section 4. No Liability of City. Nothing in this reso-
~ lution or in the documents prepared pursuant hereto shall authorize
the expenditure of any moneys of the City on the Project other than
the revenues derived from the Project or the proceeds of the reve-
nue obligations authorized by the City herein. The revenue obliga-
tions shall not constitute a charge, .lien or encumbrance, legal or
equitable, upon any property or moneys of the City and the revenue
~ pledged to the payment thereof, nor shall the City be subject to
any liability thereon. No holder of any of the obligations shall
ever have the right to compel any exercise of the taxing power of
the City to pay any such: obligations or the interest thereon, nor
to enforce payment thereof against any property of the City. Each
revenue obligation shall recite in substance that the revenue ob-
~ ligation, including interest thereon, is payable solely from the
revenue pledged to the payment thereof.
Section 5. Project Exr~enditures. In anticipation of
the approval by the Commissioner of Commerce and the issuance of
revenue obligations to finance the cost of the Project, and in
~ order that completion of the Project will not be unduly delayed
when approved, the Borrower is hereby authorized to make such
expenditures and advances toward payment of costs of the Project
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as it considers necessary, including the use of interim, short-
~ term financing, subject to reimbursement from the proceeds of
the revenue obligations when delivered, but otherwise without
liability on the part of the City.
Approved:
,r° Mayor
Attest:
City A ministrator
~ Motion for the adoption of the foregoing resolution
was duly seconded by Councilperson Nelson and upon
vote being taken, the following voted in favor:
Sindt, Enright, Harvey, Nelson, Zaun
and the following were opposed: None
whereupon said resolution was declared duly passed and adopted.
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