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HomeMy WebLinkAboutOrdinance 1238CITY OF COLUMBIA HEIGHTS, MINNESOTA ORDINANCE NO. 1238 ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469, SECTIONS 469. 152-469. 165 AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS WHEREAS, pursuant to and in accordance with the provisions of the Municipal Industrial Development Act, Minnesota Statutes., Sections 469.152 to 469.1651 (including its predecessor, the "Act"), by appropriate action duly taken by the City Council of the City of Columbia Heights (the "Issuer"), and in furtherance of the purposes of the Act, the Issuer has issued its $5,000,000 Commercial Development Revenue Bonds (Columbia Park Properties Project), Series 1985 (the "Series 1985 Bonds") to finance the cost of acquisition, construction, improving, and equipping of certain facilities located within the corporate boundaries of the Issuer (which facilities together with the land on which they are located, are hereinafter referred to as the "Project"), owned by Columbia Park Properties, a Minnesota general partnership (the "Company"); and WHEREAS, the Company has requested that the Issuer issue refunding revenue bonds for the purpose of paying the Series 1985 Bonds in advance of their maturity, thereby reducing debt service costs to the Company; and WHEREAS, pursuant to the Act, the Issuer is authorized to issue its revenue bonds to refund bonds previously issued by it under authority of the Act; THE CITY OF COLUMBIA HEIGHTS DOES HEREBY ORDAIN: 1. The issuance of refunding revenue bonds in the approximate principal amount of $4,785,000 is hereby given preliminary approval by the Issuer, subject to the mutual agreement of this body, the Company and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds of the Issuer shall not constitute a charge, lien or encumbrance legal or equitable upon.any property of the Issuer except the Project, and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the Issuer. 2. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the bonds. The Mayor and other officers, employees and agents of the City are hereby authorized to assist Bond Council in the preparation of such documents. 3. The adoption of this Ordinance does not constitute a guarantee or £irm commitment that the Issuer will issue the bonds as requested by the Company. The Issuer retains the right in its sole discretion to withdraw from participation and aeeordingiy not to issue the bonds, or issue the bonds in an amount less that the amount referred to in paragraph 1 hereof~ should the Issuer at any time prior to issuance thereof determine that it is in the best interest of the Issuer not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. First Reading: February 24, 1992 Second Reading: March 9, 1992 Motion: Second: Ruettimann Peterson Roll Call: Ayes: C]erkin, Nawrocki Nays: None Ruettimann, Peterson, Murzyn - absent