HomeMy WebLinkAbout1983-178 CCRMember Bill Hawes introduced the following resolution and moved
its adoption:
RESOLUTION NO. 83 -178
RESOLUTION RELATING TO A PROJECT UNDER THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC
HEARING THEREON
BE IT RESOLVED by the City Council of the City of Brooklyn Center,
Minnesota (the City), as follows:
Section 1. Recitals.
1.01. The welfare of the State of Minnesota requires active promotion,
attraction, encouragement and development of economically sound industry and commerce
through governmental acts to prevent, insofar as possible, the emergence of blighted
lands and areas of chronic unemployment, and the State has encouraged local
governmental units to act to prevent such economic deterioration.
1.02. Brookdale Two Limited Partnership (the Borrower), a Minnesota
limited partnership whose general partner is Ryan Construction Company of Minnesota,
Inc. or an affiliate, has advised this Council of its desire to acquire land and
construct thereon an approximately 116,000 square foot office building in the
City (such acquisition and construction hereinafter is referred to as the Project).
The estimated total cost of the Project is $9,885,000.
1.03. The City is authorized by the Minnesota Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), to issue
revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) to finance
capital projects consisting of properties used or useful in connection with a
revenue producing enterprise. The Borrower has requested that the City issue its
revenue bonds, to be issued in one or more series, in the approximate principal
amount of $9,885,000 to finance the cost of the Project.
Section 2. Public Hearing.
2.01. Section 474.01, Subdivision 7b of the Act requires that prior to
submission of an application to the Minnesota Energy and Economic Development
Authority requesting approval of the Project as required by Section 474.01,
Subdivision 7a of the Act, this Council shall conduct a public hearing on the
proposal to undertake and finance the Project. Pursuant to that provision, a
public hearing on the proposal to undertake and finance the Project is called
and shall be held on December 19 1983, at 7 :30 o'clock p.m., at
the City Hall.
RESOLUTION NO. 83 -178
2.02. The City:. Manager shall- cau -se notice of the public fearing' to
be published once in the official newspaper of the City and once in the Minneapolis
Star and Tribune, a newspaper of general circulation throughout the City, at least
once not less than fifteen (15) nor more than thirty (30) days prior to the date
fixed for the hearing, such notice to be in substantially the following form:
NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER
THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
MINNESOTA STATUTES, CHAPTER 474, AS AMENDED
CITY OF BROOKLYN CENTER, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the
City of Brooklyn Center, Minnesota, will meet on December 19
1983, at 7:30 o'clock p.m., at the City Hall, in Brooklyn
Center, Minnesota, for the purpose of conducting a public
hearing on a proposal that the City issue revenue bonds or
notes (whether bonds or notes, hereinafter, the Bonds) under
the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Chapter 474, as amended, in order to finance the cost
of a project on behalf of Brookdale Two Limited Partnership
(the Borrower), a Minnesota limited partnership whose general
partner is Ryan Construction Company of Minnesota, Inc. or an
affiliate. The proposed project (the Project) will consist of
the acquistion of land and the construction and equipping
thereon of an approximately 116,000 square foot office building
in the City. The Project will be located at Shingle Creek
Parkway and Summit Drive in the City. The estimated total
amount of the proposed bond issue is $9,885,000. The Bonds may
be issued in one or more series, as deemed appropriate by the
Borrower and the City. The Bonds shall be limited obligations
of the City and the Bonds and interest thereon shall be payable
solely from the revenue pledged to the payment thereof, except
that the Bonds may be secured by a mortgage or other
encumbrance on the Project or property of the Borrower. No
holder of any Bond shall ever have the right to compel any
exercise of the taxing power of the City to pay the Bonds, or
the interest thereon, nor'to enforce payment against any
property of the City except the revenues pledged to the payment
thereof.
A draft copy of the proposed application to the
Minnesota Energy and Economic Development Authority for
approval of the Project, together with all attachments and
exhibits thereto, is available for public inspection at the
office of the City Manager, weekdays, during normal business
hours.
All persons interested may appear and express their
views with respect to the proposal to undertake and finance the
RESOLUTION NO. 83 -178
proposed Project, or may file written comments with the undersigned, which
comments will be considered at the hearing.
Dated: November 1983.
BY ORDER OF THE CITY COUNCIL
Gerald Splinter
City Manager
2.03. A draft copy of the proposed application to the Minnesota
Energy and Economic Development Authority, together with all attachments and
exhibits thereto, are hereby ordered placed on file in the office of the City
Manager, and shall be available for public inspection, following the publication
of the notice of public hearing, weekdays, during normal business hours.
Section 3. Special Obligation.
1
In all events, it is understood, however, that any bonds issued by
the City pursuant to the Act to assist in the financing of the Project shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any property
of the City except the revenues pledged to the payment of the Bonds; that each
bond, when, as and if issued, shall be 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 within the meaning of any constitutional, statutory
or charter limitation; and that the Borrower shall save and hold the City harmless
with respect to any and all liabilities and expenses incurred by the City with
respect to the Project and the Bonds.
November 21, 1983 xL 1
Date Mayor��
ATTEST:
S X"
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis and upon vote being taken thereon, the
following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes,
and Rich Theis;
and the following voted against the same: Gene Lhotka,
whereupon said resolution was declared duly passed and adopted.