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HomeMy WebLinkAbout1990.07.16 RESO 1990-0020RESOLUTION 1990-20 RESOLUTION AUTHORIZING MUNICIPAL SERVICE CHARGE AGREEMENT THIS AGREEMENT, made on or as of the 16th day of July , 1990, by and between the City of Hugo (the "City"), a statutory city of the State of Minnesota, and the Washington County Housing and Redevelopment Authority (the "Authority"), a public body corporate and politic of the State of Minnesota. WITNESSETH: WHEREAS, the Authority is authorized to transact business and exercise its powers within the corporate boundaries of the City by a resolution of the City Council adopted on July 16 , 1990, pursuant to Minnesota Statutes, Section 469.005; and WHEREAS, the Authority has undertaken a housing project (the "Project"), pursuant to Minnesota Statutes, Sections 459.026 on certain property (the "Property") located within the City (described in Exhibit A to this Agreement); and WHEREAS, pursuant to Minnesota Statutes, Section 469.040, the Authority shall pay a service charge for the services and facilities furnished to the Project; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Statement Filed with Assessor. On or before May 1 of each year after the project has became wholly or partially occupied, the Authority shall file with the Washington County Assessor a statement of the aggregate shelter rentals of the Project collected during the preceding calendar year. For purposes of this Agreement, "shelter rental" means the total rentals of the Project, exclusive of any charge for utilities and special services such as heat, water, electricity, gas, sewage disposal, or garbage removal. 2. Service Charge. Five percent 0%) of the aggregate shelter rentals of the Project shall be charged to the Authority as a service charge (the "Service Charge"). The Service Charge shall be collected from the Authority in the same manner as the collection of taxes and assessments. 3. Maximum Service Charyg. Pursuant to Minnesota Statutes, Section 469.040, subdivision 3, the Service Charge shall not exceed the taxes which would be payable were the Project not exempt from real estate taxes. 4. Special Assessment Service Charge. The Authority shall also pay to the City a special service charge (the "Special Assessment Service Charge") in addition to the Service Charge in an amount in the same manner and at the same time as any special assessments that would be applicable to the Property were it not owned by the Authority. The Authority may prepay any Special Assessment Service Charge at any time in accordance with the provisions of Minnesota Statutes, Chapter 429. 5. Reimbursement of City's Consultants' Fees. The Authority shall reimburse the City for all reasonable and necessary consulting fees Incurred by the City in conjunction with the Project for financial, planning, engineering and similar consultant services and legal services. The Authority shall pay said charges within sixty (60) days of the date on which the City invoices the cost to the Authority. 6. Hooks and Records. The books and records of the Authority in regard to the Project shall be open to inspection by the Washington County Assessor and the office of the Finance Director of the City. 12. Amendments, Changes, and Modifications. This Agreement may be amended, or any of its terms modified, only by written agreement authorized and.executed by the City and the Authority. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Authority has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OFAUGO THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By ,2-7 .� and B ,r Y Upon roll call, Council members voting AYE: McAllister, Jesinski, Olson, Vail, Atkinson Voting NAY: None Whereupon said resolution was declared passed and adopted this 16th day of July, 1990. PIP_- THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By ,2-7 .� and B ,r Y Upon roll call, Council members voting AYE: McAllister, Jesinski, Olson, Vail, Atkinson Voting NAY: None Whereupon said resolution was declared passed and adopted this 16th day of July, 1990.