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Res 78 - 31 Extract of Minutes of Meeting of the City Council of MH (4/4/1978)Extract of Minutes of Meeting of the City Council of the City of Mendota Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Minnesota was duly held at in said City on , the yt�h day of April, 1978, at 7: 30 O'clock —.M. The following Councilmen were present: and the following were absent: Councilman introduced and read the following written resolution and moved its adoption: RESOLUTION SUPPLEMENTING RESOLUTION NO. 77-39 GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilman and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION SUPPLEMENTING RESOLUTION NO. 77-39 GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. On June 7, 1977, there was presented to this Council a proposal that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act"), consisting of the construction of a corporate headquarters and certain other facilities in the City to be used by Cray Research, Inc., a Delaware corporation (the "Company"), all as more fully de.-.rik--d in Resolution No. 77-39 adopted by this Council on said date which gave approval to the financing of such facilities under the Act. The proposal has been revised in certain respects and, as presently planned, the facilities to be constructed and financed under the Act will consist of a building of approximately 25,000 square feet to serve as the Company's corporate headquarters and as a facility for programming operations (the "Project"). Under the proposal, the Company will enter into a loan agreement whereby the Company agrees to construct the Project and the City agrees to issue up to approximately $1,000,000 Industrial Development Revenue Bonds of the City pursuant to the Act to finance the Project. The Company will retain title to the Project and the site thereof and the loan agreement will require the Company to pay amounts suffi- cient to pay the principal of and interest on any Bonds issued. The City will assign its interest in the loan agreement to a Trustee for the bondholders to secure the Bonds. The Bonds and the Company's obligations under the loan agreement will be secured by a mortgage of the Project and site thereof to the Trustee. The Bonds shall be issued'i.n accordance with the Act, and shall provide that the Bonds are payable solely from amounts received by the City pursuant to the loan agreement and other property pledged to their payment. The Bonds shall not be a general obligation of the City or be payable from any other property or funds of the City. 2. There has been presented to this meeting a form of Application to Commissioner of Securities for approval of the Project setting forth the estimated costs of the Project and the increased employment and payrolls to result therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible; the emergence of blighted and marginal lands and -2- areas of chronic unemployment; the development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas -and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land available in the area to provide an adequate _ tax base to finance the increase in the amount and cost of govern- mental services provided by the City, the County and the School District in which the City is located. 3. Preliminary approval of the Project is hereby reaffirmed by the City, subject to (i) approval of the Project by the Minnesota Commissioner of Securities and (ii) approval of this Council, the Company and Dougherty, Dawkins, Strand & Ekstrom, Incorporated, as Underwriter, of the ultimate details of the Project and the terms of the Bonds. 4. The underwriter has furnished this Council with a letter that the Project is feasible and indicating an intent to purchase the Bonds. The Mayor and City Clerk are hereby authorized and directed to submit to the Commissioner of Securities an Application for approval of the Project, substantially in the form presented to this meeting, together with the letter of intent necessary to complete such Application. The Mayor and City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may request. 5. Messrs. Faegre & Benson, as bond counsel for this issue, are authorized to prepare drafts of documents relating to the Bonds for review by the City Attorney and consideration by this Council. Attest: 11 City Clerk -3- Mayor STATE OF MINNESOTA ) SS. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Mendota Heights, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of the City held April 4, 1978, is a full, true and correct transcript therefrom insofar as the same relates to the $1,000,000 Industrial Development Revenue Bonds of the City. WITNESS My hand officially and seal officially as said City Clerk this 4th day of April, 1978. (Seal) s -4- City Clerk