79-005 RES RESOLUTION 79-5
RESOLUTION SETTING FORTH CRITERIA AND PROCEDURES FOR THE ISSUANCE OF
INDUSTRIAL REVENUE BONDS
WHEREAS, The City of Elk River is a growing and expanding community, and;
WHEREAS, Chapter 474 of the Minnesota Statutes permits municipalities to
assist enterprises wishing to locate in the City through the issuance
of Industrial Revenue Bonds, and;
WHEREAS, It has been deemed desirable by the Elk River City Council to issue
Industrial Revenue Bonds in attempts to encourage the development
of sound business and industrial interests in the City.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Elk River
that the following criteria and/or procedures shall hereby be followed
in the issuance of Industrial Revenue Bonds:
I. The project shall be compatible with the zoning and land
use ordinances of the City of Elk River.
II. The project shall be of a nature that the City wishes to
attract or an existing business the City wishes to have
expand within the City, considering potential for employ-
ment, incentive for future development, impact on City
• service needs and support for industrial or commercial
operations currently located in the City. As to the impact
on City service needs, the applicant shall furnish a written
statement as to its proposed needs for municipal services,
including but not limited to water, sewage, and possible
highway improvements.
III. Any proposed facility must be of a type so as to be readily
adaptable to a successor tenant.
IV. Tax exempt mortgage financing will be allowed as an alternative
to bond financing, but will be subject to the same policy rules
and regulations.
V. The applicant's proposed facility or expansion of an existing
one shall provide additional new jobs within the City.
VI. The applicant shall be required to furnish eight copies of
the following materials:
a) Certified annual audits for the last two fiscal
years.
b) The most recent quarterly financial figures.
c) Most current rating report of Dunn and Bradstreet.
RESOLUTION 79-5
pg. 2
d) Applicant's realistic financial forecast for a
period of not less than three years.
e) Such other information as be required by the City
to properly review the application.
Publicly held applicants shall submit the most recent annual form 10-K
and quarterly form 106.41 Securities and Exchange Commission Reports in
leu of items a-e above. The Council may submit this data to financial
analysts of its choice. Financial analysts will review the data and
make such written comments to the Council as to the current and projected
financial position of the applicant in order that the Council will be
in a position to reasonably evaluate the applicant's ability to assume
costs which are occured by the City conducting this fiscal review.
In addition to the above, the following information will be required
on commercial and industrial issues.
COMMERCIAL DEVELOPMENT ISSUES
a) What is the specific proposed use of the facility?
b) What is the project's estimated minimum and maximum size
and or capacity?
c) What is the estimated range of costs for the facility:
1) Building construction
2) Furnishings
3) Property development
4) Land acqusition
5) Professional fees
a) Architectural engineering
b) Legal
c) Fiscal
6) Other (detail)
d) What is the applicant's legal interest in the land?
e) A list of all members of any corporation, partnership or
other organizations which will have a legal and fiscal interest
• in the ownership and management of the project and identification
of that interest and a listing of credit and professional refer-
ences for all interested parties (if applicable).
RESOLUTION 79.-5
pg. 3
• f) Resume of any person, partnership, or corporation which will
own or manage any portion of the facility.
g) If any of the project is to be leased to other parties, an
identification of those parties and a showing of commitment
for that interest.
h) If interim financing is required, a showing of a binding
commitment for that financing from a reputable lender.
i) Statement as to the fiscal financing method to be used, such
as bonds, mortgage revenue notes, or unsecured debt.
j) Statement as to whether the financing instruments will be sold
to individuals, insurance companies, saving institutions, or
other.
k) If considered appropriate by the City, a financing feasibility
report may be required, which will detail those physical service
and financial factors which will indicate possible success or
failure of the proposed facility.
1) Method of payment of all public cost to be incurred in develop-
ment of the property.
• m) Name of the underwriter or investment banker who will be
selected to place the final financing. A list of at least
five other issues which have been completed by the underwriter
or banker shall be provided.
n) Name of the proposed trustee to be designated.
It is the intent of the Elk River City Council not to approve commercial develop-
ment issues unless the following criteria are met:
1) The loan is secured by a real estate mortgage and there is a
determination that the real estate value shall be equal to at
least 90% of the total bond or note issue.
2) The type of financing is a mortgage revenue note which will be
sold only to institutional, not individual, investors.
3) The proposed underwriter is known to the City or has satisfied the
City as to the history and reliability of the firm.
INDUSTRIAL REVENUE BONDS
a) Specific proposed use of the facility
b) A list of all the facility's owned or operated by the applicant
A
RESOLUTION 79- 5-
pg. 4
• c) The estimated costs of the facility classified by:
1) Building construction
2) Furnishings or nonfixed equipment
3) Land acquisition
4) Property developement
5) Professional fees
a) Architectural engineering
b) Legal
c) Fiscal
6) Other (detail)
d) Applicant's legal interest in the land
e) Description of the corporation including a resume of owners, if
privately held, or a resume of major officers of a board of directors
of publicly held corporations
• f) If interim construciton financing is required, a commitment for
such financing from a reputable lender
g) A statement as to the final financing vehicle indicating whether
the instrument should be bonds, mortgage revenue notes, or unsecured
debt
h) Method of payment to the City of all public cost
i) A resume of the underwriters, including a listing of five other
comparible offerings which have been placed with that underwriter
j) A listing of all other corporate debt by amount, date of obligation,
annual required payments, obligee, and type of security
It is the intent of the City Council not to approve industrial revenue issues unless
the following criteria are met:
1) Financial instruments are to be secured by a mortgage and no senior
unsecured debt would be approved.
2) A debt service schedule shall be fixed to coincide with the useful
life of any equipment or furnishings which are not considered an
intergral part of the building.
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' ' 1 OLUTION 79-5
page 5
3) A certificate is furnished which indicates that the building
and the furnishings value shall be equal to at least 90% of
ipthe total amount of the issue.
4) Net earnings statements for the last three years must show that
net earnings exceed the total anticipated annual cost of debt
service on the issue by two times.
VII. All data required herein shall be furnished by the applicant to the
City of Elk River at least thirty days prior to the meeting at which
the City Council is to consider the resolution for the prelims
approval of the project.
VIII. The applicant shall select qualified financial consultants and/or
underwriters to prepare all necessary documents and materials required
a Municipal Industrial Development Bond sale, who will submit a
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letter of intent which establishes the favorable feasibility of the project.
IX. The applicant must not commence any part of the construction of the
project until there has been preliminary approval by the Council of the
application for financing.
X. The City Council reserves the right to deny any application for
financing at any stage of the proceedings prior to adopting the final
resolution authorizing issuance of industrial development bonds.
XI. The City is to be reimbursed and held harmless for and from any out-of—
pocket cost related to the actual or proposed issuance of the bonds,
including, but not limited to, legal fees and financial analysts fees.
In addition thereto, the applicant shall pay a filing fee of $100.00 upon
submission of the application, and post a cash deposit, bond, or letter
of credit in the amount of of 1% of the total amount of the proposed
bond amount.
XII. The City's goal will be to approve applications meeting all the above
policy criteria and, further, that applicants be well established
companies with good performance records and good future prospects and/or
new companies whose performance indicates a sound future in, terms of
earnings prospects and product acceptance.
Adopted this 16th day of April, 1979 by the Elk River City Council.
Fa
ATTEST: Franklin Madsen, Mayor
Robert C. Midd=ugh, City�•a nistrator