1979 RES HRA RESOLUTION RELATING TO $125,000 GENERAL
OBLIGATION DEVELOPMENT BONDS OF THE
NEW HOPE HRA; AUTHORIZING THE SALE THEREOF
BE IT RESOLVED by the Housing and Redevelopment Authority of the
City of New Hope, Minnesota, as follows:
Pursuant to the provisions of Minnesota Statutes, Sections §§ 462.581 and
462. 581, and Chapter 475, the Housing and Redevelopment Authority of the City
of New Hope does hereby request that the City Council of the City of New Hope
authorize the issuance and sale of an issue of general obligation Redevelopment
Bonds (hereinafter, the Bonds) of the City in the principal amount of up to
$125,000 for the purpose of providing funds for the payment of the public re-
development costs needed for the redevelopment of a Project Area designated
as Project 1, Plan I, all in accordance with a redevelopment plan of the Housing
and Redevelopment Authority in and for the City of New Hope. The HRA finds
that the assistance of the City is needed to complete the Project, for the orderly
and economic development of the City and for the development of additional real
estate tax base.
Adopted by the Housing and Redevelopment Authority of the City of
New Hope this 9th day of April, 1979.
Attest:.
W .w Peter~ ~n~k, S~cretary
BY-LAWS OF
NEW HOPE 'HOUSING AND REDEVELOPMENT AUTHORITY
1. OFFICERS. The Housing and Redevelopment Authority shall elect
a Chairman, a Vice Chairman, and a Secretary-Treasurer from among the
commissioners of the Housing and Redevelopment Authority for each calendar
year, and officers so elected shall serve until their successors are elected
and duly qualified.
2. .SE. AL. The Housing and Redevelopment Authority shall have a
seal which shall be judicially noticed.
3. CONTRACTS. Every contract, conveyance, or other written
instruments shall be executed on behalf of the Housing and Redevelopment
Authority by the Chairman, the Executive Director, and the Secretary, with'
the corporate seal affixed, but only pursuant to authority from the Housing
and Redevelopment Authority.
4. REGULAR MEETINGS. Regular meetings shall be held at 6:50 p.m.
on the 2nd Monday of January of each year, commencing in 1979, and on such
additional dates as shall be designated by the Authority by resolution.
5. SPECIAL MEETINGS. Special meetings may be called by the Chair-
man or by any two commissioners by writing filed with the Clerk who shall
then mail a notice to all the members of the time and place of meeting at least
one day before the meeting. The Chairman or, in his absence, the Vice
Chairman shall preside at all meetings. Ail meetings of the Housing and
Redevelopment Authority shall be open to the public. The Housing and Re-
development Authority shall preserve order at its meetings, compel the
attendance of members and punish non-attendance, and shall be the judge
of the election and qualification of its members.
5. DIRECTOR. The Housing and Redevelopment Authority shall
annually appoint an Executive Director, who shall serve at the pleasure of
the Housing and Redevelopment Authority.
6. LEGAL COUNSEL. The Housing and Redevelopment Authority
shall annually appoint legal counsel, to serve at the pleasure of the Housing
and Redevelopment Authority.
7. QUORUM. A majority of the Housing and Redevelopment Authority -
shall constitute a quorum for all purposes.
8. MEETING PROCEDURE. Robent's Rules of Order shall govern ~11
proceedings of the Housing and Redevelopment Authority.
9. MILEAGE. Reimbursement for mileage expenses shall 'be as deter-
mined periodically by the Housing and Redevelopment Authority.
Dated the ].4th day of :~ May,---1979 ./'
ATTEST:
Secretary
Chairman
May 1i, 1979
TO:
FROM:
SUBJECT:
HRA
Harlyn G. Larson
Special Meeting at 6:30 p.m. Monday
Please accept this as notice for a special meeting of
the HRA and the assumption that Mr. Erickson is calling
it. I could not get ahold of him as I write this, but
assume he will agree with the need.
The development at 42nd~Gettysburg is running into some
real problems because of the soil conditions. As they
complete the tests the condition becomes worse and worse.
From a fairly good plat that combined the Gordon property,
they are now back to a reduced plat that excludes the
Gordon property. The change is to avoid the soil prob-
lems, but even with the change I understand they will be
asking for some $31,0~0 more in the tax increment portion
to make the plat work.
In any case, the developers want to outline the problems
to you to see if there is any interest in continuing and
to what extent the Council will commit to additional
concessions. Mr. Corrick will also outline the changes
that would be needed in the purchase contract if the new
proposal is acceptable.
Please note the comments from the Planning Commission
meeting. The Commission felt very strongly that all
standard platting and zoning requirements should be ap-
plied.
Also attached is a copy of the By-Laws drafted as a re-
sult of the first HRA meeting. These should be accepted
for th7 record
Citg Manager
COOPERATION AGREEMENT
This Agreement entered into this 29th day of May, 1979, bR and
between New Hope Housing and Redevelopment Authority (herein called the
"Local Authority") and City of New Hope, Minnesota (herein called the
"Municipality"), witnesseth:
In consideration of the mutual covenants hereinafter set forth, the
parties hereto do agree as follows:
1. Whenever used in this Agreement:
(a)
The term "Project" shall mean any Iow-rent housing here-
after developed or acquired ~y the Local Authority with
financial assistance of the United States of America act-
lng through the Secretary of Housing and Urban Development
(herein called the "Government"); excluding, however, any
iow-rent housing project covered by any contract for loans
and annual contributions entered into between the Local
Authority and the Government, or its predecessor agencies,
prior to the date of this Agreement.
The term "Taxing Body: shall mean the State or any politi-
cal subdivision or taxing unit thereof in which a Project
is situated and which would have authority to assess or levy
real or personal property taxes or to certify such taxes to
a taxing body or public officer to be levied for its use and
benefit with respect to a Project if it were not exempt from
taxation.
The term "Shelter Rent" shall mean the total of all charges
to all tenants of a Project for dwelling rents and non-
dwelling rents (excluding all other income of such Project),
less the cost to the Local Authority of all dwelling and
nondwelling utilities.
(~)
The term "Slum" shall mean any area where dwellings pre-
dominate which, by reason of dilapidation, overcrowding,
faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors,
are detrimental to safety, health or morals.
2. The Local Authority shall endeavor (a) to secure a contract, or
contracts with the Government for loans and annual contributions covering
one or more Projects comprising approximately 92 units of low-rent housing
and (b) to develop or acquire and administer such Project or Projects, each
of which shall be located within the corporate limits of the Municipality.
The obligations of the parties hereto shall aBply to each such Project.
3. (a)
Under the constitution and statutes of the State of
Minnesota all projects are exempt from all real and personal
property taxes levied or imposed by any Taxing Body. With
respect to any project, so long as either (i) such Project
is owned by a public body or governmental agency and is used
for iow-rent housing purposes, or (ii) any contract between
the Local Authority and the Government for loans or annual
contributions, or both, in connection with such Project re-
mains in force and effect, or (iii) any bonds issued in con-
nection with such Project remain unpaid, whichever period
mo
~a)
is the longest, the Municipality agrees that it will not levy
or impose any real or personal property taxes upon such Pro-
ject or upon the Local Authority with respect thereto. During
s~ch period, the Local Authority shall make annual payments
(herein called "Payments in Lieu of Taxes") in lieu of such
taxes and in payment for the public services and facilities
furnished from time to time without other cost or charge for
or with respect to such Project.
(b)
Each s~ch annual Payment in Lieu of Taxes shall be made after
the end of the fiscal year established for such Project, and
shall be in an amount equal to either (i) ten percent ~0%)
of the Shelter Rent actually collected but in no event to
exceed ten percent (10%) of the Shelter Rent charged by the
Local Authority in respect to such Project during such fis-
cal year, or (ii) the amount permitted to be paid by applica-
ble State Law in effect on.the date such payment is made,
whichever amount is the lower.
(c)' The Municipality shall distribute the Payments in Lieu of
Taxes among the Taxing Bodies in the proportion which the
real property taxes which would have been paid to each Tax-
ing Body for such year if the Project were not exempt from
taxation bears to the total real property taxes which would
have been [aid to all of the Taxing Bodies for such year if
the Project were not exempt from taxation; Provided, however,
that no payment for any year shall be made to any Taxing Body
in excess of the amount of the real. property taxes which would
'have been paid to such Taxing Body for such year if the Project
were not exempt from taxation.
~)
Upon failure of the Local Authority to make any Payment in
Lieu of Taxes, no lien against any Project or assets of the
Local Authority shall attach, nor shall any interest.or pen-
alties accrue or attach on account thereof.
5. During the period commencing with the date of the acquisition of any
part of the site or sites of any Project and continuing so long as either (i)
such Project is owned by a public body or governmental agency and is used for
low-rent housing purposes, or (ii) any contract between the Local Authority
and the Government for loans or annual contributions, or both, in connection
with such Project remains in force and effect, or (iii) any bonds issued in
connection with such Project or any monies due to the Government in connec-
tion with such Project remain unpaid, whichever period is the longest, the
Municipality without cost or charge to the Local Authority or the ~enants of
such Project (other than the Payments in Lieu of Taxes) shall:
(a)
Furnish or cause to be furnished to the Local Authority and the
tehants of such Project public services and facilities of the
same character and to the same extent as are furnished from time
to time without cost or charge 'to other dwellings and inhabitants
in the Municipality:
Vacate such streets, roads and alleys within the area of such
Project as may be necessary in the development thereof, and
convey without charge to the Local Authority such interest as
the Municipality may have in such vacated areas; and, in so far
as it is lawfully able to do so without cost or expense to the
Local Authority or to the Municipality, cause to be removed from
such vacated areas, in so far as it may be necessary, all public
or private utility lines and equipment;
In so far as the Municipality may lawfully do so, (i)
'grant such deviations from the building code of the
Mumicipality as are reasonable and necessary to promote
economy and efficiency in 'the development and administra-
tion of such Project, and at the same time safeguard
health and safety, and (ii) make such changes in any zon-
ing of the site and surrounding territor~ of such Project
as are reasonable and necessary for' the development and
protection, of such Project and the surrounding territory;
Accept grants of easements necessary for the development
of such Project; and
Cooperate with the Local Authority by such other lawful
action or ways as the Munici~pality and the Local Authority
may find~necessary in connection with the development and
administration of such project.
6~ In .respect to any Project the Municipality further agrees that
within a reasonable time after receipt.of a written request therefore from
the Local Authority:
(a) 'It will accept the dedication of all interior streets,
roads, alleys, and adjacent sidewalks within the area of
such Project, together with all storm and sanitary sewer
mains in such dedicated areas, after the Local Authority,
at its own expense, has completed the grading, improvement,
paving, and installation thereof in accordance with speci-
fications acceptable to the Municipality;
It will accept necessary dedications of land for, and will
grade, improve, pave and provide sidewalks for, all streets-
bounding such Project or necessary to provide adequat~
access thereto (in consideration whereof the Local Authority
shall pay to the Municipality such amount as would, be as-
sessed against the Project site for such work if such site
were privately owned); and
It will provide, or cause to be provided, water mains, and
storm sewer mains, leading to such Project and serving the
bounding streets thereof (in consideration whereof the Lo-
cal Authority shall pay to the Municipality such amount as
would be assessed against the Project site for such work if
such site were privately owned).
7. If by reason of the Municipality's failure or refusal to furnish
or cause to be furnished any public services or facilities which it has
agreed hereunder to furnish or to cause to be furnished to the Local Au-
thority or to the tenants of any Project, the Local Authority incurs any
expense to obtain such services or facilities then the Local Authority may
deduct the amount of such expense from any Payments in Lieu of Taxes due
or to'become due to the Municipality in respect to any Project or any other
Iow-rent housing projects owned or operated by the Local Authority.
8. NO cooperation Agreement heretofore entered into between the Muni-
oipality and the Local Authority shall be construed to apply to any Project
covered by this Agreement.
9. No member of the governing body of the Municipality or any other
public official of the Municipality who exercises any responsibilities or
functions with respect to any Project during h~s tenure or for one year
therafter shall have any interest, direct or indirect, in any Project or any
· property included or.planned to be included in any project, or any contracts
in con~ection with such Projects or property. If any such governing body
member or such other public official of the Municipality involuntarily ac-
quires or had acquired prior to the beginning o£ his tenure any such'interest,
he shall immediately disclose such interest to the Local Authority.
10.~' So long as any contract between the Local Authority and the
Government for loans (including preliminary loans) or annual contribu-
tions, or both, in connection with any Project remains in force and ef-
fect, or as long as any bonds issued in connection with any Project or
any monies due to the Government in connection with any Project remain
unpaid, this Agreement shall not be abrogated, changed, or modified with-
out the consent of the Government. The privileges and obligations of the
municipality hereunder shall remain in full force and effect with respect
to each Project so long as the beneficial title to such Project is held
by the Local Authority or by any other public body or governmental agency,
including the Government, authorized by law to engage in the development
or administration of low-rent housing projects. If at any time the bene-
ficial title to, or possession of, any Project is held by such other publi.c~
body or governmental agency, including the Government, the provisions here-
of shall inure to the benefit of and may be enfokced by~ such other public
body or governmental agency, including the Government.
IN WITNESS WHEREOF the Municipality and the Local Authorit~ hav~
respectively signed this Agreement and caused their seals to be affixe~
and attested as of the da~ and year first above written.
ATTEST:
CITY OF NEW HOPE, MINNESOTA
F City' ~fian~ger '
NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITI~
/
Secretary-Treasurer
RESOLUTION
AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION
FOR A LOW-RENT HOUSING PROGRAM
WHEREAS, the United States Housing Act of 1937 provides that there shall
be a local determination of the need for low-rent housing to meet
needs not being adequately met by private enterprise; and
WHEREAS, under the provisions of the United States Housing Act of 1937,
the Secretary of Housing and Urban Development is authorized to
provide financial assistance to public housing agencies for low-
rent housing;
NOW, THEREFORE, BE IT RESOLVED BY THE Members of the New Hope Housing and
Redevelopment Authority as follows:
1. That the New Hope Housing and Redevelopment Authority hereby
determines that within its area of operation there is a need
for low-rent housing to meet needs not adequately met by
private enterprise.
2. That the Director of the Housing and Redevelopment Authority
shall cause to be prepared and the Chairman shall sign and
send to the Secretary of Housing and Urban Development an
application for financial assistance for
(a)
Ninety-two (92) dwelling units of low-rent
public housing to be provided by new construc-
tion, or by acquisition, or by acquisition and
rehabilitation of existing housing and for a
preliminary loan in the amount of $
In connection with the development and operation of any pro-
gram or activity receiving Federal financial assistance under
the United States Housing Act of 1937, regardless of when such
program or activity or any portion thereof was or is initially
covered by any contract, the New Hope Housing and Redevelop-
ment Authority will comply with all requirements imposed by
Title VI of the Civil Rights Act of 1964, Public Law 88-352,
78 Stat. 241; the regulations of the Department of Housing
and Urban Development issued thereunder, 24 CFR, Subtitle A,
Part 1; and the requirements of said Department thereunder.
~airman
Executive Dir tor
1
RESOLUTION
APPROVING APPLICATION FOR PRELIMINARY LOAN
FOR LOW-RENT PUBLIC HOUSING
WHEREAS, it is the poliCy of this locality to eliminate substandard
and other inadequate housing, to prevent the spread of
slums and blight, and to realize as soon as feasible the
goal of a decent home in a suitable living environment for
all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of
1937, as amended, the United States of America, acting
through the Secretary of Housing and Urban Development
(herein called the "Government"), is authorized to provide
financial assistance to local public housing agencies for
undertaking and carrying out preliminary planning of low-
rent housing projects that will assist in meeting this goal;
and
WHEREAS, the Act provides that there shall be local determination of
need for low-rent housing to meet needs not being adequately
met by private enterprise and that the Government shall not
make any contract with a public housing agency for prelimi-
nary loans for surveys and planning in respect to any low-rent
housing projects unless the governing body of the locality
involved has by resolution approved the application of the
public housing agency for such preliminary loan; and
WHEREAS, the City of New Hope Housing Authority (herein called the
"Local Authority") is a public housing agency and is apply-
ing to the Government for a preliminary loan to cover the
costs of surveys and planning in connection with the develop-
ment of low-rent housing;
NOW, THEREFORE, be it resolved by the City Council of the City of New
Hope as follows:
me
me
That there exists in the City of New Hope a need for
such low-rent housing which is not being met by private
enterprise;
That the application of the Local Authority to the Go-
vernment for a preliminary loan in an amount not to ex-
ceed $ 18,400 for surveys and planning in connection with
low-rent housing projects of not to exceed approximately
92 dwelling units is hereby approved.
~hairman// ~
AMENDMENT TO PURCHASE AGREEMENT
DATED APRIL 9, 1979
The undersigned VILLAGE BUILDERS, INC. and CURRY COMPANY,
INC., Joint Venturers, Buyers under that certain Purchase Agreement dated
April 9, 1979, and NEW HOPE HRA, Seller, pertaining to premises situated at
the Southeast corner of CSAH 9 and 18, in consideration of the mutual covenants
contained herein, do hereby modify and amend the said Purchase Agreement
of April 9, 1979, in the following manner:
1. The location of the premises as described in general terms on the
front page of the contract is hereby changed to "Southeast corner of County
State Aid Highways 9 and 18".
2. In paragraph 21 of the Sales Agreement, attached to the above
referenced PUrchase Agreement, the figure $28,000 is changed to $59,850.
3. Paragraph 4, DENSITY OF DEVELOPMENT, is modified by the
addition of the following wording at the end thereof:
"Soil tests have shown that the original density and mix are
not feasible. The parties understand and agree that five lots
less than proposed above will in all likelihood be all that can
be obtained from the parcel of land, and that this reduced
number of lots, together with an as yet undetermined change
in the mix between single family and two-family units will
satisfy the requirements of this paragraph 4, as hereby
amended."
4. Paragraph 12 i, HRA PERFORMANCE BOND, is amended to read:
"i. Such bond shall be in the principal sum of $131,850."
Dated the ltth day of Jtlne, 1979.
Edw .z~I~_._. Ericks on
Its C~airman
By.
W. Peter Enck
Its Secretary-Treasurer
BY~~D~S ictor
VILLAGE BUILDERS, INC,
Edwin E. Kauffmann//
Its President ~' ~
· /(ichard 1~. durry Its President
AGREEMENT
WHEREAS, the New Hope HRA ("HRA") has entered into an
agreement with Village Builders, Inc. and Curry Company, Inc.
("Buyers"), whereby the HRA has agreed to sell approximately
12 acres of land situated on the Southeast corner of CSAH 9
and 18 legally described on the attached Exhibit A, and
WHEREAS, the Buyers have requested that they be permitted
to enter upon the premises prior to the closing of the purchase
for the purpose of grading and earth moving in accordance with
an approved preliminary plat, and
WHEREAS, the HRA is agreeable to such action, provided
it has assurance that (1) there will be no mechanic's liens on
the premises as a result of the actions of the Buyers, and (2)
if the proposed sale should not take place for any reason, the
grades of the land will be restored to a condition comparable
to its condition prior to acceptance of the preliminary plat by
the New Hope City Council on May 29, 1979.
NOW, THEREFORE, in consideration of the mutual agreements
contained herein, the parties covenant and warrant as follows:
1. Buyers agree to grade the premises in accordance with
the grading plan approved by the New Hope City Engineers.
2. Buyers agree to restore the grades to a condition com-
parable to its condition prior to acceptance of the preliminary
plat by the New Hope City Council on May 29, 1979, if for any
reason the Buyers fail to complete the purchase of the premises
in question.
3. The buyers agree to furnish to the HRA an irrevocable
letter of credit in the amount of $ 76,000.00 to guarantee
the HRA that its grading activities shall not result in any
mechanic's liens against the premises.
Dated the 6th day of June, 1979.
Execut i've Di ~ector
NEW HOPE HOUSING AND
REDEVELOPMENT AUTHORITY
3~/~rick~on, Its Chairman
W. Peter Enck,-~t~s- Secretary
Treasurer
VILLAGE BUILDERS, INC.
'n E. Kauffma~ ~Its .~
Pre_gsi~nt r ~ / '~
Ri~d C. Kafif/fm
It/Vice Pr ~e~
CURRI~ COMPANY, ~
- 2 -
EXHIBIT A
T~CTA
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
Ail that part of the North Half of the Southwest Quarter of the Northwest
Quarter and the South Half of the Northwest Quarter of the Northwest Quarter
of Section 18, Township 118, Range 21, described as follows:
Beginning at a point in the south line of said North Half of the Southwest
Quarter of the Northwest Quarter distant 155.02 feet west of the southeast
corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel
with the east line of said North Half (assumed basis for bearings), 384.48 feet;
thence northerly on a tangential curve concave to the east (central angle 27
degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line
of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31
seconds West, along said south line, 54.86 feet, to a point 170 feet west of the
east line of said North Half; thence North 01 degree 03 minutes 29 seconds East,
30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet;
thence northeasterly on a curve concave to the southeast (central ~ngle 01 degrees
12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees
47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein
described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet;
thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south-
easterly right-of-way line of Hennepin County State Aid Highway No. 18,
according to recorded highway plat no. 32; thence easterly along said right-of-
way line and southerly along the westerly line of property acquired by the
County of Hennepin as described in warranty deed document no. 3802514 to the
point of beginning.
TRACT B
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter
of the Northwest Quarter and the South Half of the Northwest Quarter of the
Northwest Quarter of Section 18, Township 118, Range 21, described as follows:
Beginning at a point in the south line of said North Half of the Southwest Quarter
of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof;
thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of
said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a
tangential curve concave to the east, (central angle 27 degrees 22 minutes 56
seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said
North Half; thence North 88 degrees 56 minutes 31 seconds west along said south
line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence
North 01 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees
56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave
to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90
feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet; thence
North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees
03 minutes 29 seconds East, 197.86 feet, to the southerly right-of-way line of
Hennepin County Road State Aid Highway No. 18, according to recorded highway
plat No. 32; thence southwesterly along said right-of-way line to the north line of
Gordon's Lakeview Terrace, according to the recorded plat thereof; thence South
88 degrees 51 minutes 25 seconds East, along said north line 371.95 feet; thence
South along the east line of said Gordon's Lakeview Terrace, 143.30 feet; thence
South 88 degrees 59 minutes 04 seconds East, along the north line of said Gordon's
Lakeview Terrace, 512.03 feet to the point of beginning.
TRACT A
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
All that part of the North Half of the Southwest Quarter of the Northwest
Quarter and the South Half of the Northwest Quarter of the Northwest Quarter
of Section 18, Township 118, Range 21, described as follows:
Beginning at a point in the south line of said North Half of the Southwest
Quarter of the Northwest Quarter distant 155.02 feet west of the southeast
corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel
with the east line of said North Half (assumed basis for bearings), 384.48 feet;
thence northerly on a tangential curve concave to the east (central angle 27
degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line
of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31
seconds West, along said south line, 54.86 feet, to a point 170 feet west of the
east line of said North Half; thence North 01 degree 03 minutes 29 seconds East,
30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet;
thence northeasterly on a curve concave to the southeast (central angle 01 degrees
12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees
47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein
described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet;
thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south-
easterly right-of-way line of Hennepin County State Aid Highway No. 18,
according to recorded highway plat no. 32; thence easterly along said right-of-
way line and southerly along the westerly line of property acquired by the
County of Hennepin as described in warranty deed document no. 3802514 to the
point of beginning.
RESOLUTION AUTHORIZING EMINENT
DOMAIN PROCEEDINGS FOR PROJECT 1,
PLAN I, NEW HOPE HRA
WHEREAS, the New Hope HRA did on December 26, 1978 approve a
housing project identified as Project I of Plan I of the New Hope Housing and
Redevelopment Authority pursuant to the provisions of Minnesota Statute
§ 462, and
WHEREAS, the New Hope City Council approved said Plan at a public
hearing held February 12, 1979, and
WHEREAS, construction of this project will require the use of certain
private lands for the construction of one and two family residences (see
Exhibit A, attached and incorporated hereby by this reference for legal
descriptions), and
WHEREAS, said Project i of Plan I is a "redevelopment project" within
the meaning of Minnesota Statutes § 462.421, Subd. (13), and 462~445,
Subd. (6) in that it will prevent blighting factors and make the land useful
and valuable for contributing to the public health, safety and welfare, and
the acquisition of the land is necessary to carry out the redevelopment plan,
and
WHEREAS, the New Hope HRA has not acquired fee title and the right
to use such property on a voluntary basis, and
WHEREAS, it is in the public interest that such lands be acquired by
the New Hope HRA at the earliest possible time in order to facilitate construction
of Project i of Plan I of the New Hope HRA, and subsequent protection of the
public health, safety and welfare, and
WHEREAS, the New Hope HRA is authorized by the provisions of
Minnesota Statutes § 462.445 and 117 to acquire said premises under the
right of eminent domain,
NOW, THEREFORE, BE IT RESOLVED that the New Hope HRA proceed
to acquire title to the property described in the attached Exhibit A, under its
right of eminent domain, and the attorney for the Authority be and hereby is
instructed and directed to file the necessary papers therefor and to prosecute
such action to a successful conclusion until it is abandoned, dismissed or
terminated by the HRA or the Court; that the HRA Attorney, the Chairman,
the Executive Director, and the Clerk do all things necessary to be done in
the commencement, prosecution and successful termination of such action,
including the employment of expert witnesses, independent fee appraisers,
and other personnel necessary to conclude the matter.
Attest:
Adopted by the City HRA
W. Peter Er~ck,
this 11th day of June, 1979.
// Edw. J/FErickson,
' Chairman
Secretary. Treasurer
By
· · rs6I,
Executive Director
-2-
EXHIBIT A
T~CTA
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
Ail that part of the North Half of the Southwest Quarter of the Northwest
Quarter and the South Half of the Northwest Quarter of the Northwest Quarter
of Section 18, Township 118, Range 21, described as follows:
Beginning at a point in the south line of said North Half of the Southwest
Quarter of the Northwest Quarter distant 155.02 feet west of the southeast
corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel
with the east line of said North Half (assumed basis for bearings), 384.48 feet;
thence northerly on a tangential curve concave to the east (central angle 27
degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line
of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31
seconds West, along said south line, 54.86 feet, to a point 170 feet west of the
east line of said North Half; thence North 01 degree 03 minutes 29 seconds East,
30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet;
thence northeasterly on a curve concave to the southeast (central angle 01 degrees
12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees
47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein
described; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet;
thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south-
easterly right-of-way line of Hennepin County State Aid Highway No. 18,
according to recorded highway plat no. 32; thence easterly along said right-of-
way line and southerly along the westerly line of property acquired by the
County of Hennepin as described in warranty deed document no. 3802514 to the
point of beginning.
TRACT B
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter
of the Northwest Quarter and the South Half of the Northwest Quarter of the
Northwest Quarter of Section 18, Township 118, Range 21, described as follows:
Beginning at a point in the south line of said North Half of the Southwest Quarter
of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof;
thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of
said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a
tangential curve concave to the east, (central angle 27 degrees 22 minutes 56
seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said
North Half; thence North 88 degrees 56 minutes 31 seconds west along said south
line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence
North 01 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees
56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave
to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90
feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet; thence
North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees
03 minutes 29 seconds East, 197.86 feet, to the southerly right-of-way line of
Hennepin County Road State Aid Highway No. 18, according to recorded highway
plat No. 32; thence southwesterly along said right-of-way line to the north line of
Gordon's Lakeview Terrace, according to the recorded plat thereof; thence South
88 degrees 51 minutes 25 seconds East, along said north line 371.95 feet; thence
South along the east line of said Gordon's Lakeview Terrace, 143.30 feet; thence
South 88 degrees 59 minutes 04 seconds East, along the north line of said Gordon's
Lakeview Terrace, 512.03 feet to the point of beginning.
TRACT C
A tract of land lying and being in the County of Hennepin, State of Minnesota,
described as follows, to wit:
Ail that part of the North 7 rods of the North Half of the Southwest Quarter of the
Northwest Quarter and the South Half of the Northwest Quarter of the Northwest
Quarter of Section 18, Township 118, Range 21, described as follows:
Beginning at the southeast corner of said North 7 rods; thence North 88 degrees
56 minutes 31 seconds West (assumed basis for bearing) along the south line of
said north 7 rods 81.28 feet to the easterly line of property acquired by the County
of Hennepin as described in Warranty Deed document no. 3802514; thence north-
easterly along said easterly line to the east line of said Northwest Quarter of the
Northwest Quarter; thence south along the east line of said Northwest Quarter
and Southwest Quarter of the Northwest Quarter to the point of beginning.
RESOLUTION
APPROVING SU~.IISSION OF COOPERATION AGREEMENT BETWEEN
THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY
AND THE NEW HOPE CITY COUNCIL
WHEREAS, the City of New Hope is applying for Public
Housing Rehabilitation funds to purchase and
rehabilitate 92 apartment units, and
WHEREAS, the New Hope Housing and Redevelopment Authority
agrees to abide to the Cooperation Agreement
with the City Council,
NOW, THEREFORE, BE IT RESOLVED by the New Hope Housing
and Redevelopment Authority that the City Mana-
ger is authorized to submit to the Department
of Housing and Urban Development the signed
Cooperation Agreement.
~' ~/E~ecu~ive Director
ATTEST:
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
I, the undersigned, being the duly qualified and acting
Secretary of the New Hope Housing and Redevelopment Authority,
hereby attest and certify that:
~s such officer, I have the legal custody of the
original record from which the attached and fore-
going extract was transcribed;
(2) I have carefully compared said extract with said
original record;
(3)
I find said extract to be a true, correct and
complete transcript from the original minutes of
a meeting of the New Hope HRA held on the date
indicated in said extract, including "RESOLUTION
APPROVING SUBMISSION OF COOPERATION AGREEMENT
BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT
AUTHORITY AND THE NEW HOPE CITY COUNCIL."
(4) said meeting was duly held, pursuant to call and
-notice thereof as required by law.
jtnes$ my hand offically as such HRA Secretary this
day of -~-v~ , 1979.
Secretary
CERTIFICATE
I, Betty P0uli0t , %he duly appointed, qualified
and acting City Clerk-Treasurer of the City of New Hope,
Hennepin County, Minnesota, do hereby certify that I have com-
pared the attached copy of the
TAX INCREMENT PLEDGE AGREEMENT BET~%~EN
THE NEW HOPE HOUSING AND REDE%~LOPMENT
AUTHORITY AND THE CITY OF NEW HOPE,
MINNESOTA
with the original of such Agreement on file in my office and
that the same is a true and correct copy of such agreement
which was duly adopted at a regular meeting of the City
Council, duly held on the 9th day of July , 1979.
"~ u~r
.(SEAL~
TAX INCREMENT PLEDGE AGREEMENT
BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY,
AND THE CITY OF NEW HOPE, MINNESOTA
THIS AGREEMENT, made and entered into this ]6thday of
July , 1979, by and between the Housing and Redevelopment Auth-
Ority in and for the City of New Hope, a public corporation
organiZed under the laws of the State of Minnesota (the Authority)
and the City of New Hope, County of Hennepin, State of Minnesota,
a municipal organization organized under the laws of the State of
Minnesota (the City).
WHEREAS, under and pursuant to the provisions of Minnesota
Statutes, Chapter 462, the Authority applied to the City Council
of the City for the approval of the undertaking of a redevelopment
project designated as New Hope Redevelopment Project 1 (the Project)
to facilitate the development of land within the area included in
the Project (the Project Area), accompanied by a redevelopment
plan, financing plan and the opinion of the City Planning Board
thereon; and by a Resolution of the City Council of the City,
adopted on May 14, 1979, after published notice and public hearing
as required by law. The City Council found that the land in the
project area for the Project would not be made available without
the financial aid to be sought, that the redevelopment plan will
afford maximum opportunity, consistent with the sound needs of the
locality as a whole, for the redevelopment of such areas by private
enterprise, and that the redevelopment plan conforms to the general
plan for the development of the locality as a whole, and the City
Council approved the redevelopment plan and the Project; and
WHEREAS, the Authority has determined that it is neces-
sary and desirable for the City to assist in completing the Project,
and the City has determined that such assistance is needed to com-
plete the Project, for the orderly and economic development of the
City and for the development of additional real estate tax base;
and
WHEREAS, in order to pay the public redevelopment cost of
the Project, the Authority has requested the City Council to issue
general obligation bonds of the City pursuant to the provisions of
Minnesota Statutes, Chapters 462 and 475, and the City Council has
authorized the issuance and sale of $200,000 General Obligatioh
Redevelopment Bonds of the City, dated as of July 1, 1979 (the Bonds);
and
WHEREAS, under and pursuant to Minnesota Statutes, Sec-
tion 462.585, Subdivision 4, the Authority is authorized to pledge
and appropriate any part or all of the tax increments received
from the Project and any part or all of the revenues received from
lands in the project area of the Project while owned by the Autho-
rity, for the payment of the principal of and interest on the Bonds
and any additional series of bonds issued by the City upon request
of the Authority in aid of the Project, and to enter into this
Agreement with the City Council respecting such pledge;
NOW, THEREFORE, the City and the Authority mutually cove-
nant and agree as follows:
1. The Authority will proceed expeditiously with the
acquisition and redevelopment of such lands and the construction of
such public improvements within the project area of the Project as
are needed for the effectuation of the redevelopment plan, and with
the disposal of lands so acquired and redeveloped in conformity
with the plan, as provided in the Municipal Housing and Redevelop-
ment Act,. Minnesota Statutes, Sections 462.411 to 462.711.
2. The City will proceed forthwith to issue and sell the
Bonds for the payment of the public redevelopment cost of the Pro-
ject and additional series of bonds in such additional amount or
amounts as the Authority shall request and the City Council shall
determine. In support of each such request, the Authority shall
submit a current statement, as of the date of the request, as to
costs incurred and estimated to be incurred and tax increments and
revenues received and estimated to be received from the inception
to the completion of the Project.
3. Ail proceeds of the Bonds and any. additional series
of bonds issued by the City in aid of the Project, all revenues and
tax increments with respect to the Project, which are received by
the City from the Authority, and all income from the investment
thereof, shall be segregated b3 the City in a special fund, which
shall be ~by~the' City so-lely f~r t e ~yment of~ principal
of and interest on the Bonds and any additional series of bonds and,
upon requisition from and certification by the Authority, for the
payment of the public redevelopment costs of the Project.
4. The Authority pledges and appropriates all tax incre-
ments to be received from the Project, and revenues received from
lands in the Project Area while owned by the Authority, for the pay-
ment of principal of and interest on the Bonds and any additional
series of bonds issued by the City in aid of the Project, and agrees
to se re ~ - __. ta~ements and revenues in a s~al
account O~__its official bo~and records and ~ cause them to be
credited and remitted as received to said special fund of the City.
On or prior to the date of certification of City taxes in each year
for collection by the County, the City Clerk-Treasurer shall trans-
fer from said special fund to the bond fund maintained for the pay-
ment of the Bonds, under the provision of Minnesota Statutes, Section
475.61, an amount sufficient to_pay all principal and interest then
due or to become due thereon in the following year. Subject to this
requirement, the City Clerk-Treasurer shall disburse moneys in the
-2-
bond fund upon requisition and certification by the Authority in
payment or reimbursement of the public redevelopment cost of the
Project.
5. When the entire public redevelopment costs have been
paid, including payment of all principal and interest on the Bonds
and an~ additional series of bonds issued by the City in aid of
the Project, the Authority shall report such fact to the City Coun-
cil and submit a final statement of the public redevelopment cost,
tax increments and revenues. Upon audit of this statement and
approval thereof by the City Council, the payment of the public re-
development cost shall be reported to the County Auditor. There-
after the entire assessed valuation of the project area for the
Project will be included in the assessed valuations upon which the
tax mill rates are computed and extended and taxes are remitted to
all taxing districts.
6. An executed copy of this Agreement shall be filed with
the Finance Manager of Hennepin County, and shall constitute the
request and authorization of the Authority and the City to the
Finance Manager and Treasurer to compute, collect and segregate said
tax increments in accordance with the provisions of this Agreement
and of Minnesota Statutes, Section 462.585, Subdivisions 2 - 4,
inclusive.
IN WITNESS WHEREOF, the City and the Authority have caused
this Agreement to be duly executed on their behalf and their seals
to be hereunto affixed and such signatures and seals to be attested,
as of the date and year first written above.
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF NEW HOPE, MINNESOTA
(SEAL)
Attest:
Attest:
CITY OF
SOTA
By
( SEAL )
Attest:
ger
~rk-Treasurer
-3-
CERTIFICATION OF APPOINTMENT
This is to certify that on December 26, 1975, as Mayor of the City of
New Hope, pursuant to Minnesota Statutes §462.425, Subd. 5, and to New
Hope Ordinance 77-24, I appointed the following members of the New Hope
Housing and Redevelopment Authority.
On this 27th day of July, 1979, I hereby confirm the said appoint-
ments of December 26, 1978, and for the record, do hereby reappoint the
following members of the New Hope Housing and RedeveloPment Authority:
Edward J. Erickson
W. Peter Enck
Dorothy Hokr
Gerald H. Otten
Richard Plufka
Dated the 27th day of July, 1979.
/Edw. J. ~¥~r~ickson
ayor (~-t~New Hope, Minnesota
RESOLUTION RATIFYING ~ND ADOPTING
THE ACTIONS OF THE NEW HOPE HR.&
PRIOR TO PUBLICATION OF RESOLUTION
DETERMINING THE NEED FOR AN HRA IN
THE CITY OF NEW HOPE, MINNESOTA
PURSUANT TO MINNESOTA STATUTE 462.425
WHEREAS, on December 12, 1977, pursuant to duly published notice in
the New Hope-Plymouth Post, the official newspaper of the City, a public hearing
was held by the New Hope City Council on the question of whether or not a
resolution determining the need for a Housing and Redevelopment Authority in
the City of New Hope should be passed, and
WHEREAS, at the conclusion of said hearing, the City Council adopted
a resolution entitled "RESOLUTION DETERMINING THE NEED FOR A HOUSING
AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA",
and
WHEREAS, on December 12, 1977 the New Hope City Council enacted
Ordinance 77-24 entitled "AN ORDINANCE ADDING-SECTION 2. 610 TO THE CITY
CODE ESTABLISHING REQUIREMENTS FOR A HOUSING AND REDEVELOPMENT
AUTHORITY FOR THE CITY OF NEW HOPE, MINNESOTA", and
WHEREAS ,.the Mayor of the City of New Hope, did, on December 26,
1978, appoint the following members of the New Hope City Council to be
Commissioners of the New Hope Housing and Redevelopment Authority:
Edward J. Erickson'
W. Peter Enck
Dorothy Hokr
Gerald H. Otten
Richard G.-Plufka
and
WHEREAS, on the same date, th'e following officers were elected by the
members of the HRA:
Chairman:
Vice Chairman:
$ecr etary- Treasurer:
Executive Director:
Edward J. Erickson
Richard G. Plufka
W. Peter Enck
Harlyn G. Larson (appointed)
WHEREAS, on December 26, 1978 the HRA adopted temporary by-laws,
which by-laws were amended May 14, 1979, and
WHEREAS, the duly appointed Commissioners of.the New Hope Housing
and Redevelopment Authority were recently sworn in as commissioners, and
WHEREAS, the "RESOLUTION DETERMINING THE I~rEED FOR A HOUSING
AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA"
was published in the official newspaper of the City' on the 26th day of July, 1979,
and ,
WHEREAS, the duly appointed Commissioners and officers of the New Hope
Housing and Redevelopment Authority have taken various actions in the name of
the New Hope Housing and Redevelopment Authority since appointment on
December 26', 1978, and it is desirable that all actions of the New Hope HRA, its
Commissioners, its officers and agents be adopted and ratified at this time,
NOW THEREFOR BE IT RESOLVED by the New Hope Housing and Rede-
velopment Authority:
1. Ail of the duly appointed Commissioners of the New Hope Housing
and Redevelopment Authority have been duly sworn in, and
2. By-laws of the Authority dated May 14, 1979 are hereby confirmed,
ratified and adopted as the by-laws of the Authority.
3. The election of officers and appointment of the Executive Director on
December 26, 1978 are specifically adopted and confirmed as the act of the New
Hope Housing and Redevelopment Autho'rity.
Attest:
W.
4. All actions of the New Hope Housing and Redevelopment Authority
Commissioners, officers and its Executive Director are hereby accepted, adopted,
ratified and confirmed as the actions, acts and decisions of the New Hope Housing
and Redevelopment Authority, and are hereby determined to constitute the
actions of the New Hope Housing and Redevelopment Authority, nunc pro tunc.
Dated the 30th day of July, 1979. f_~/~ff~ .....
/ Ri char~ G~_/~jlufka, Acti~ Mayor
~l~rlJ~yn~)~~ ExeCutive Director
Pei~- EnCk~,' Secretary-Treasurer
RESOLUTION AUTHORIZING RELEASE
OF LETTER OF CREDIT
At a time described hereinafter, the New Hope Housing and Redevelop-
ment Authority hereby authorizes the Executive Director, Harlyn G. Larson,
to release the Letter of Credit running in its favor from Camden Northwestern
State Bank in the amount of $76,000 which was given on June 16, 1979 to
secure the performance of an Agreement between the Housing and Redevelop-
ment Authority and Village Builders, Inc. and Curry Company, Inc. (Buyers).
The Buyers have satisfied the conditions of said Agreement in that
the premises referred to in said Agreement have been graded according to
the grading plan approved by the New Hope City Engineers, and have agreed
to all monies and documents necessary to close the purchase being placed in
e s er ow.
At such time as the Executive Director determines that all necessary
monies and documents necessary to transfer title are in escrow, this
authorization to release said Letter of Credit shall become effective.
Dated the 13th day of August, 1979.
ricks'on
Chairman
W. l~et~r~Enck r ~
Attest: /I~arlyn~G~ Lar~on
Executive Director
RESOLUTION AUTHORIZING ESCROW FOR
HRA PURCHASE AND SALE OF FLETCHER-
HARRINGTON PROPERTY AT CSAH 9 AND 18
BE IT RESOLVED by the New Hope Housing and Redevelopment
AUTHORITY:
1. The Chairman or Vice Chairman, Secretary, and the Executive
Director of the New Hope Housing and RedeveloPment Authority are hereby
authorized to close the purchase of the premises described in Project i of the
Housing and RedeveloPment Authority by placing the necessary funds in
escrow with North Star Abstract & Title Guaranty, Inc., to be delivered by
the escrow agent when the terms of the Purchase Agreement with the Owners
of the premises have been complied with, and the said officers and the
Housing and RedeveloPment Authority attorney are authorized and directed
to do all things necessary and to ~execute all necessary documents to accomplish
said purchase in accordance with the terms heretofore agreed upon.
2. The Chairman or Vice Chairman, Secretary, and the Executive
Director of the New Hope Housing and RedeveloPment Authority are hereby
authorized to close the sale of the s'ame premises by executing and delivering
to the Same escrow agent a warranty deed to the premises to be delivered
upon compliance with all of the terms of sale hereafter agreed to.
3. The appropriate officers of the Housing and RedeveloPment Authority
and the attorney are :authorized and directed to .execute all documents and to do
all things necessary to accomplish the intent of the purchase and sale of the
property involved in HRA Project 1.
Dated the 13th day of August, 1979.
W. Pe~ EnVy/
/ /S Teasurer
Attest://~//~-~ ~ ~
Executive Director
RESOLUTION AUTHORIZING INTERIM
ESCROW AGENT ~ FLETCHER-HARRINGTON-
HRA LAND TRANSACTION
BE IT RESOLVED by the New Hope Housing and Redevelopment Authority
as follows:
The law firm of Corrick & Wood, Chartered is hereby authorized to be
added as Interim Escrow Agent to the Escrow Agreement heretofore approved
with North Star Abstract & Title Guaranty, Inc. relating to the purchase and
sale of the property at the southeast quadrant of the intersections of CSAH 9
and 18.
Said Interim Escrow Agent shall have all of the responsibilities, duties
and powers of the Escrow Agent, until the Escrow Agent assumes same.
Dated the 27th day of August, 1979.
~-Iarlyn G, Larson ~
Its Executive Director
/' ~/~itds~'h~rEmr~ks°n