HomeMy WebLinkAbout1979-207 CCRMember Celia Scott introduced the following resolution
and moved its adoption:
RESOLUTION NO. 79 -207
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED
INDUSTRIAL DEVELOPMENT PROJECT BY WILLIAM J. DALE
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND
AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT
WHEREAS, there has been presented to this Council a proposal by
William J. Dale, an individual residing in the City of Minneapolis, Minnesota
(the "Owner that the City undertake a project pursuant to the Minnesota
Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to
provide financing for the construction in the City, adjacent to an existing
facility used in the business of Dale Tile Company (the "Company of a
building to be used as an office, showroom and warehouse facility, and the
acquisition and installation of equipment therefor, together with any site
improvements required in relation thereto (hereinafter called the "Project
Under the proposal, the Project will be called by the Owner and leased to the
Company. The Owner will enter into a loan agreement with the City upon such
terms and conditions as are necessary to produce income and revenues suffi-
cient to pay, when due, the principal of and interest on up to approximately
$1,400,000 Industrial Development Revenue Bonds of the City to be issued
pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the
Project, and the City will pledge its interest in the loan agreement to
secure the bonds; and
WHEREAS, the Brooklyn Center City Council conducted a public hearing
on September 10, 1979, as required by Chapter 474, Minnesota Statutes, on the
proposal to undertake and finance the Project, after publication in the official
newspaper and a newspaper of general circulation in the City of a notice of the
time and place of hearing, stating the general nature of the Project and an
estimate of the principal amount of bonds or other obligations to be issued to
finance the Project and stating that a draft copy of the proposed Application
to the Commissioner of Securities, together with all attachments and exhibits
thereto, shall be available for public inspection at the office of the City
Clerk, Monday through Friday, from 8:00 a.m. to 5:00 p.m. to and including the
day of hearing; and all parties who appeared at the public hearing were given
an opportunity to express their views with respect to the proposal; and
WHEREAS, the Owner and the Company have agreed to pay any and all
costs incurred by the City in connection with the Project whether or not the
Project is approved by the Commissioner and whether or not the Project is
carried to completion and to indemnify the City, its officers and employees
from all liability which the City and any officers and employees may incur in
connection with the Project or the issuance and the sale of the bonds.
NOW, THEREFORE, BE IT RESOLVED that:
1. It is hereby found, determined and declared that the purpose
of the Project is and the effect thereof will be to promote
the public welfare by the attraction, encouragement and
development of economically sound industry, agriculture and
commerce so as to prevent, so far as possible, the emergence
of blighted and marginal lands and areas of chronic unemploy-
ment; the retention and development of industry to use the
RESOLUTION N0. 79 -207
available resources of the community in order to retain the
benefit of its existing investment in educational and public
service facilities, by halting the movement of talented,
educated personnel of mature age to other areas and thus
preserving the economic and human resources needed as a base
for providing governmental services and facilities; and the
more intensive development of land available in the area to
provide a more adequate tax base to finance the cost of
governmental services in the City, County and School District
where the Project is located.
2. The Project is hereby given preliminary approval by the City
subject to approval of the Project by the Commissioner of
Securities and subject to final approval by this Council and
by the purchasers of any bonds to be issued as to the ultimate
details of the bonds and the Project.
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3. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes,
the Mayor, the City Manager, the City Clerk, and such other
officers and members of the City as may from time to time be
designated are hereby authorized and directed to submit an
Application for approval of the Project to the Commissioner of
Securities and request his approval thereof, and the Mayor,
the City Manager, the City Clerk, and other officers, employees
and agents of the City are hereby authorized to provide the
Commissioner with such preliminary information as he may require.
The Owner, the Company, Messrs. Faegre Benson as bond counsel,
the City Attorney, and other City officials are also authorized
to initiate the preparation of a proposed loan agreement and
such other documents as may be necessary or appropriate to the
Project so that, when and if the proposed Project is approved
by the Commissioner and this Council gives its final approval
thereto, the Project may be carried forward expeditiously.
4. The Owner and the Company are hereby authorized to enter into
such contracts, in their own names and not as agents for the
City, as may be necessary for the acquisition and construction
of the Project by any means available to them and in the manner
they determine without advertisement for bids as may be required
for the acquisition or construction of other municipal facilities,
but the City shall not be liable on any such contracts.
September 10, 1979
Date
ATTEST:'.. T
v /Clerk
Mayor
RESOLUTION NO. 79 -207
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar and upon vote being taken thereon, the
following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka,
and Celia Scott;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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