85-076 RES
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RESOLUTION 85-76
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RESOLUTION AUTHORIZING PUBLICATION OF
A NOTICE OF HEARING ON A SOLID WASTE DISPOSAL FACILITY
WHEREAS:
A. The County of Anoka, Minnesota proposes to issue
up to $53,185,000 of its resource recovery revenue bonds pursuant
to Minnesota Statutes, Chapters 473 and 474 to finance the costs
of a solid waste processing facility and related facility for
the combustion of the refuse derived fuel produced by the solid
waste processing facility;
B. Anoka County has proposed to select either of two
sites within the city limits of the City of Elk River for the
solid waste processing facility, and further proposes that the
facility for combustion of the product of the solid waste proces-
sing facility should also be located within the city limits
of the City of Elk River, Minnesota;
C. Section 103(k) of the Internal Revenue Code of 1954,
as amended, requires that certain public approval requirements
must be satisfied prior to issuance of industrial development
bonds prior, and further requires that if such bonds are issued
to finance a facility located outside the geographic boundaries
of the issuer of the bonds, the political subdivision within
whose jurisdiction the facilities will be located must approve
the ~acility;
D. Anoka County has requested the City of Elk River
to give the approvals required by Section 103(k) of the Internal
Revenue Code with respect to the solid waste processing facility
and related combustion facility and such approval can be given
only after a duly held public hearing with respect to such facili-
ties;
and
E. The City of Elk River has been advised by Briggs
and Morgan, Professional Association, acting as bond counsel
to Anoka County, that by giving its approval to the solid waste
processing facility and related combustion facility and to the
issuance of bonds to finance such facilities, the City of Elk
River will not be deemed to be the issuer of the bonds or incur
any liability with respect thereto;
NOW THEREFORE, BE IT RESOLVED that the City of Elk River
hereby agrees to consider approval of the Anoka County solid
waste processing facility and related combustion facility on
sites located within the City of Elk River and to conduct a
public hearing thereon and thereafter consider a resolution
expressing such approval.
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BE IT FURTHER RESOLVED, that the City Administrator of
the City of Elk River is hereby directed and authorized to cause
the publication of a notice of public hearing in the form attached
to this resolution, and to schedule said public hearing for
the City Council meeting to be held on December 16, 1985, commencing
at 8:30 o'clock p.m.
Adopted this 25th day of November, 1985.
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Mayor
Atte~.t... .
~d~12-.~/
/ Clty Administrator .