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HomeMy WebLinkAboutResolution - 78-111 - IDRB's for Eaton-CharLynn - 06/20/1978 RESOLUTION NO. 78-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA WHEREAS, The City Council of the City of Eden Prairie, Minnesota has been informed by officials of Eaton Corporation that the Company proposes the acquisition and installation of additional machinery and equipment in its Char-Lynn plant located in the City and, in addition, to expand such plant and to add thereto machinery and equipment not included within the project; WHEREAS, the City has been further informed that the Company desires to finance an amount not in excess of $1 ,000,000 of the total cost of the Project through issuance by the City of industrial development revenue bonds under the Minnesota Industrial Development Act, chapter 474 of the Minnesota Statutes and that the availability of such financing is an important factor in the Company's determination as to the ultimate feasibility • of the Project and its location; WHEREAS, after appropriate study and investigation of the nature of the proposed Project, the Council has determined the the Project will result in the promotion, attraction, encouragement, and development of economically sound industry and commerce and will thereby assist in the prevention of the emergence of blighted and marginal lands and areas of chronic unemployment within the City and the State of Minnesota and that the City, in assisting with the financing of the Project, will be acting in furtherance of a Public purpose of the City and the State; WHEREAS, the Company has requested the City to issue its industrial development revenue bonds pursuant to the Act for the purpose of defraying all or a portion of the cost of the acquisition and installation of the machinery and equipment which will constitute the Project and to lease the same to the Company for rent in an amount sufficient to pay the principal of, premium, if any, and interest on such bonds; WHEREAS, the Company has requested that the City indicate its willingness to issue such bonds pursuant to the Act to finance the Project so that acquisition and installation with respect to the Project can proceed; and WHEREAS, the Council has determined that it is in the best interest of the City and its inhabitants that the acquisition and installation with respect to the Project proceed without delay; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that: 1 . Pursuant to the powers of the City under Section 474.03(6) of the Minnesota Statutes and in order to indicate its willingness to issue industrial development revenue bonds pursuant to the Act to finance the Project in an amount not in excess of $1 ,000,000, the execution by the City and delivery to the Company of an inducement letter is hereby authorized. • 2. In order to facilitate the commencement of the acquisition and installation of the Project, the Mayor and the City Manager are hereby authorized to accept the assignment of contracts therefor subject to the receipt of appropriate guarantees of payment by the Company. 3. In order to secure the approval of the Project by the Commissioner of Securities of the Securities Division of the Minnesota Department of Commerce pursuant to Section 474.01 , subdivision 7a, of the Minnesota Statutes, the Mayor, the City Manager and the City Clerk are hereby authorized to execute and deliver to the Commissioner on behalf of the City an Application for Approval of Municipal Industrial Revenue Bond Project such Application to be substantially in the form attached hereto as Attachment II, subject to such minor changes, insertions and omissions as may be approved by the Mayor, the City Manager and the City Clerk and the execution of such Application by the Mayor, the City Manager and the City Clerk as herewith authorized shall be conclusive evidence of any such approval . 4. Subject to due compliance with all requirement of law, the obtaining of all necessary consents and approvals, and the negotiation, execution and delivery of mutually agreeable definitive documentation, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, hereby authorizes the Mayor, the City Manager and the City Clerk to take any and all further action and execute and deliver any and all other documents as may be necessary to issue and deliver such proposed industrial development revenue bonds of the City and to effect the undertaking for which such bonds are to be issued. Adopted this 20th day of June, 1978. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA 7�BY: tle: ayor (SEAL) • Attest: Titl Cit Clerk