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HomeMy WebLinkAbout1990.06.18 RESO 1990-0018k. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA HELD: June 18, 1990 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Hugo, Minnesota was duly called and held at the City Hall in said City on the 6th day of June, 1990 at 7 o'clock P.M. The following members were present: George Atkinson, Mike McAllister, Tom Jesinski, Robert Olson, Deane Vail and the following were absent: NONE Member George Atkinson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO UNDERTAKE A REDEVELOPMENT PROJECT WITHIN THE CITY OF HUGO AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED AND INSTALLMENT PURCHASE CONTRACT AND APPROVING THE REDEVELOPMENT PROJECT AND REDEVELOPMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Robert Olson , and upon vote being taken thereon the following voted in favor thereof: George Atkinson, Mike McAllister, Tom Jesinski, Robert Olson, Deane Vail and the following voted against the same: NONE whereupon said resolution was declared duly passed and adopted. 27% RESOLUTION 1990-18 RESOLUTION AUTHORIZING THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO UNDERTAKE A REDEVELOPMENT PROJECT WITHIN THE CITY OF HUGO AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED AND INSTALLMENT PURCHASE CONTRACT AND APPROVING THE REDEVELOPMENT PROJECT AND REDEVELOPMENT PLAN WHEREAS, the Washington County Housing and Redevelopment Authority (the "HRA") has transmitted a Redevelopment Plan (the "Plan") and, by resolution, has applied to the City Council, for approval of the Plan; and WHEREAS, it is desireable and in the public interest that the Authority undertake and carry out the Plan pursuant to Minnesota Statutes, Section 469.001 to 469.047, and Sections 469.124 to 469.134, encompassing the area which is indicated in the Plan which area is herein called the "Project Area"; and WHEREAS, the City on the date hereof, after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan and received public comments on the same. NOW THEREFORE BE IT RESOLVED by the Council of the City of Hugo, Minnesota (the "City"), as follows: 1. Authority. The City, pursuant to Minnesota Statutes, Section 469.005, Subdivision 1, does hereby empower the Washington County Housing and Redevelopment Authority (the "HRA") to undertake a redevelopment project within boundaries of the City. The project is described in the Redevelopment Plan which has been submitted to the City Council for its approval after the public hearing on June 18, 1990. The City is authorized pursuant to Minnesota Statutes, Section 465.71, to enter into an install- ment purchase contract with the Washington County Housing and Redevelopment Authority, Minnesota (the "Authority"), a body corporate and politic organized under the laws of the State of Minnesota, to finance the costs of acquisition of park land in the City (the "Project"). .2. Authorization of Bonds: Documents Presented. The Authority proposes to issue its $245,000 Public Project Revenue Bonds, Series 1990 (City of Hugo Installment Contract Obligations) (the "Bonds") payable from installment payments to be made under the Contract. Forms of the following documents relating to the Bonds and the Project have been submitted to the City Council and are now on file in the office of the Clerk - Treasurer: (a) a Quit Claim Deed dated as of the date of delivery (the "Quit Claim Deed") to be executed by the City pursuant to which the City will transfer the premises on which the Project to the Authority; (b) an Installment Purchase Contract dated as of June 1, 1990 (the "Contract"), between the Authority and the City which, among other things, provides for the acquisition of the Project and pursuant to which the City is required to pay installment payments sufficient to pay the principal and interest on the Bonds when due; and (c) a Trust Indenture dated as of June 1, 1990 (the "Indenture") between the Authority and American National Bank and Trust Company as Trustee, setting forth the form and details of the Bonds and their issuance, and pledging the installment payments derived from the Contract to the payment of the Bonds. 3. Approval and Execution of Quit Claim Deed and Installment Purchase Contract. The Mayor and the Clerk -Treasurer are hereby authorized and directed to execute, and deliver the Quit Claim Deed and Contract in substantially the forms on file with the Clerk -Treasurer. All of the provisions of the Quit Claim Deed and Contract when executed and delivered as authorized herein shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein and shall be in full force and effect from the date of execution and delivery thereof. 4. Approval of Indenture. The City hereby approves the form of the Indenture and the terms of the Bonds described therein. The Bonds shall not be delivered to the purchaser until the City holds the public hearing on June 18, 1990 and thereafter approves the Redevelopment Project and the Redevelopment Plan. 5. Authorized City Representative. The City Administrator is hereby designated and authorized to act on behalf of the City as the Authorized City Representative, as defined in the Contract. 6. Furnishing of Certificates and Proceedings. The Mayor and Clerk -Treasurer and other officers of the City are authorized and directed to prepare and furnish to the Purchaser and Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and 27% 3 4 records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 7. Project Covenants. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 8. Modifications to Documents. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents. Said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or 27% 4 Clerk -Treasurer, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the Acting Clerk -Treasurer respectively. 9. Redevelopment Plan. That the area described as the Project Area in the Plan is a Redevelopment Project within the meaning of Minnesota Statutes, Section 469.002, Subd. 14. The Plan and project described in the Plan will carry out the purpose and policy of Minnesota Statutes, Chapter 469. The land in the Project Area would not be made available for redevelopment without the financial aid to be sought. The Redevelopment Plan for the Project Area will afford maximum opportunity, consistent with sound needs of the City as a whole, for the redevelopment of such area by private enterprise. It is hereby found and determined that the Redevelopment Plan for the Project Area conforms to the general plan for the development of the City as a whole. The City Council of the City of Hugo, Minnesota, does hereby approve the Plan. Attest: F4071 5