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88-14 WH17E - CITV CLERK , COUQCII PSNK -FINANCE GITY OF SAINT PAUL � - ��— /� . CANARV - DEPARTMENT BLUE � - MAVOR File NO. _ � Council Resolution Presented By . �Referred To Committee: Date Out of Committee By Date WHEREAS, the Board is authorized to exercise the powers conferred on the City, Minneapolis, the HRA and the MCDA relating to housing or housing finance, sub�ect to the terms of the Agreement; and WHEREAS, the Minnesota Housing Finance Agency has available certain EXXON oil overcharge funds which it has agreed to allocate for use in the cities of Minneapolis and Saint Paul; and WHEREAS, the Minnesota Housing Finance Agency has agreed to enter into a Grant Agreement (Exxon Funds) (the "Grant Agreement") with the Minneapolis/Saint Paul Housing Finance Board to provide for a grant of certain funds to the Board for the purposes specified therein; NOW THEREFORE, BE IT RESOLVED By the City Council of the City of Saint Paul, Minnesota, as follows: 1. Execution by the Minneapolis/Saint Paul Housing Finance Board of the Grant Agreement is hereby approved. 2. The allocation and use of proceeds of the Grant Agreement shall be determined as provided by the Minneapolis/Saint Paul Housing Finance Board, and no further approval shall be required for the expenditure of such funds. 3. The Mayor, City Clerk, officers of the City, attorneys, engineers and other agents or employees of the City are hereby suthorized to do all acts and things required of them by or in connection with this Resolution for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Board's authorizing resolutions and in this resolution. 4. This resolution shall be in full force and effect from and after its passage. COUNCILMEN Reques � partment of: Yeas D1mOAd Nays GOSW1tZ ���g In Favor � Scheibel � Against BY � Sonnen wilson JAN -6 �p 1�0� Form Approved by City Attorne Adopted by Council: Date Certified Ya_ e ouncil Se r BY By ` A►pprove 1Aavor• D e �JAN � 7 1988 Appr by Mayor for Subm' ion Council By PUBLISHED JAlV 16 1988 � �EO - wous�� � ���� N° 062�4 � �9 DEPARTMENT _ _ Nancy West , � CONTACT , 3350 , PHONE December 16, 1987 DATE ��� ` e e SIGN NU ER FOR ROUTING Cli All locations for Si nature : �i�• �'� _�___ D�partment Director 3 Director of Mana ent/Mayor l'2� � Finance and Managemen Services Director � 5 City Clerk Budget Director 4 Councilmember Scheibel ��' i-ty Attornex� -..��. V�HAT WILL BE ACHIEVED BY TRKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : By signing the attached resolution, you will be preparing, for Council consideration, an item which authorizes and ratifie� execution of a Grant Agreement between the Minnesota Housing Finance Agency and the Minneapolis/Saint Paul Housing Finance Board for EXXON oil overcharge funds. OST BENEFIT BUDGETARY AND PERSONNE ANTICIPATED: U Approximately $3 million will b��'��u�sed by MHFA �o the Housing Finance Board to use in new energy rehab loan p�y�a�s o ov�� of rental and homesteaded proper . ' �! qTT4R � N�r D - U�� � 8 �988 . FINANCING SOURCE AND BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's sigr�UN���MAN Total Amount of `Transaction: tuired�ifrunder EL $3,000,000 (approx.) q S�HE�B � �10,000)- Funding Source; N�A Activity Number: N/A • ATTACHMENTS (List and Number All Attachments) : RECEIVED 1. Ci ty Counci 1 Resol uti on �,��j`r��,��� �, ���0�0`1�1����� � DEC 2 21987 AM�YOR'S OFFfCE pEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? ' Resolution Required? �Yes No Yes X No Insurance Required? Insurance Sufficient? ,�Yes No Yes No Insurance Attached: N/A (SEE •RE�IERSE SIDE FOR IN�TRUCTIONS) � Revised 12/84 - ! 1: ���-• HOW TO USE THE GR�FrN SHEET . . ' ' • . The GREEN SHEET has several PURPOSES: � � � � � 1, to assist in routinq-8ocuments and in securinq required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supportinc� materials are prepared, and, if . required, attach�d. � • � � Providing complete inforn►a'tion under the listed headings enables xeniewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. � The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain � the cost/benefit as,pects of the decision. Ccsts and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . T3�e personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positians. � If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. � Below is the prefer�ed ROUTING for the five most frequent types of dxwnents: . CONTRACTS (assumes authorized budget exists) ' � 1. Outside Aqency 4. Mayor , 2. Initiati�ng Department S. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activitg Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director - 3. Director of Manaqement/Mayor 4. Budget Director 4. City Clerk ' 5. City Clerk � 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Departznent Director - 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk � 7. City Council 8. Chief Accountant, F'&MS SUPPORTING MATERIALS. In the ATTACHI�NTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires eviderice of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governanental unit. 2.. Collective barqaining contracts. • 3. Purchase, sale or lease of'land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnific�tion. . 7. Agreements with State or Feder8l Govermaent under which they are providinq funding. 8. Budget amendments. . . � `� ��. � : �' �- �''�7 RFSOLIITION NO. �� �� /D — � A RffiOLIITION OF THE MIIINEAPOI.I�jSAINT PAIIL � HOIISIl�IG PINANCE BOABD PRESCRIBING THB FORM OF AND AIITHORIT.,II1G THE E%ECII'I'ION OF AN AGENCY AGREEMENT AND A GRANT AGREEIV�ENT RELATING TO EX%ON OIL OYERCHARGE FIINDS. WHEREAS, pursuant to the laws of the State of Minnesota, particularly, 1975 Laws of Minnesota, Chepter 188, 1980 Lews of Minnesota, Chapter 595, 1981 Laws of Minnesota, Chapter 222, Minnesota Statutes, Section 462.411, et �eq. as amended, and iViinnesota Statutes, Chapter 462C, as amended, and Chapter 469 (the "Acts"), the City of Minneapolis and the City of Saint Paul (the "Cities") are authorized to carry out the public purposes described therein and contemplated thereby in the financing of energy conse:vation related improvements to housing units located within its bound�ries, by making or purchasing loans (the '�Energy Loans"); and WHEREAS, the Minneapolis/Saint Paul Housing Finance Board, a joint powers board organized under the laws of the State of Minnesota (the "Board"), is authorized to exercise certain powers of the Cities and the Minneapolis Community Development Agency (the "Agency"); and WHEREAS, the ?Vliru�esota Housing and Finance 4gency ("MHFA") has available certain Fxxon Oil overcharge funds which it has agreed to allocate for use in the cities of ;Vlinneapolis and Saint Paul; and V1'HEREAS, the MHFA has agreed to enter into a Grant Agreement (F.�cxon Funds) (the "Grant Agreement") with the Minneapolis/Saint Paul Housin; Finance Board (the "BoardTM) to provide for a grant of certain funds to the Board for the purposes specified therein; and � WHEREAS, the Board proposes to desi�nate the Agency as its agent for the purpose of managing and allocating funds on behalf of the Board; and WHEREAS, the Board proposes to enter into that certain Agency Agreement (the "Agreement") as hereinafter defined, with the Agency. NOW, THEREFORE, BE TT RESOLVED BY THE BOARD OF CO'VI'vIISSIONERS OF THE MINNEAPOLLS/SAINT PAUL HOUSING FINANCE BOARD: . Section 1. That the Commissioners of the Board acknowledge, find, determine and declere that the Cities of �4inneapolis and Saint Paul, Minnesota � (the "Cities") face potential serious shortages in energy resources and that implementing energy conservation measures requires expanded authority and technical capability in order to minimize the use of trsditional eneroy sourees in the housing sector, that accomplishing energy conservation is a public purpose; and that it is in the public interest of the Cities to authorize the Agency to provide or participate in the making of loans for energy conservation and rehabilitation � improvements to existing housino units in the Cities. 1 r_.. . , , • � i' _ Section 2. That the Commissioners of the Board further find, determine and ' declare thT at the purpose of the Energy Loan Program is to purchase Energy Loans made to • finance the installation of energy conservation and rehabilitation improvements in dwellings located anywhere within the boundaries of the Cities. Section 3. That the Chair and the Treasurer are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest _ the Agency Agreement (the "Agency Agreement") between the Agency and the Board. All of the provisions of the Agency Agreement, when executed and delivered as suthorized herein, shall be deemed ta be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Agreement shall be substantially in the form on f�e with the Secretary which is hereby approved, with such omissions and insertions as do. not change the substance thereof, or as the Chair, in his discretion, shall determine, and the execution thereof by the Chair shall be conclusive evidence of such determination.. Section 4. That the Ct�air and the 'h�easurer are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest, the Grant Agreement. All of the provisions of the Grant Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effeet from the date of execution and delivery thereof. The Grant Agreement shall be in substantially the form on file with the Secretary which is hereby approved, with such omissions and insertions as do not change the substance thereof, or as the Chai*, in his discretion, shall determine, and the execution thereof by the Chair shall be conclusive evidence of such determination. Szction 5. That the Board is hereby authorized to provide for the servicing � of the Energy Loans pursvant to� the Energy Loan Program under servicing provisions of the Agency Agreement. Section 6. That the Board is authorized to provide for investment of proceeds of the Grant Agreement and other amounts to be held under the Agency Agreement as provided in the Agency Agreement. Section 7. That all covenants, stipulations, obligations and agreements of the Board contained in this resolution and contained in the Agency Agreement shall be deemed to be the covenants, stipulations, obligations and agreements of the Board to the full extent authorized or permitted by law, and all such covenants, � stipulations, obligations and agreements shall be binding upon the Board. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Board or the Commissioners thereof by the provisions of this resolution or of the Agency Agreement or Grant Agreement shall be exercised or performed by the Board or by such Commissioners, officers, board, body or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Agency Agreement or Grant Ao eement shall be deemed to be a covenant, stipulation, obligation or agreement of any Commissioner, or any officer, • agent or employee of the Board in that person's individual capacity. , 2 /R / � /�/ ,` . -� �/.�`. r�_� . �� Seetion 8. That except as herein otherwise expressly provided, nothing in this resolution or in the Agency Agreement or Grant Agreement expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation other than the Agency and the BoErd and the MHFA, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Agency Agreement or Grant Agreement; this resolution, the Agency Agreement and Grant Agreement and all of their provisions being intended to be and being for the sole and exclusive benefit of the Agency and the Board and the MHFA. Section 9. That in case any one or more of the provisions of this resolution or of the Agency Agreement or Grant Agreement shall for any reason be held to be illegal or invalid, such illegality or invelidity shall not affect any other provision of this resolution or of the Agency Agreement or Grant Agreement, but this resolution and the Agency Agreement and the Grant Agreement shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Agency Agreement and the Grant Agreement, the creation of the funds provided for in the Agency Agreement and the Grant Agreement, the provisions relating to the handling of advances of the proceeds derived from the Grant Agreement pursuant to and under the Agency Agreement and the handling of said revenues, colleteral and other moneys are all commitments, obligations and agreements on the part of the Board and the Agency contained in the Agency Agreement, and the invalidity of the Agency Agreement or Grant Agreement shall not affect the commitments, obligations and agreements an the part of the Board or Agency to create such func}s and to handle said revenues, other monies and proceeds of the Grant A�reement for the purposes, in the manner and according to the terms and conditions fixed in the Agency Agreement and Grant Agreement, it being the intention hereof that such commit:nents on the part of the Board and the Agency are as binding as if contained in this resolution separate and apart from the Agency Agreement and Grant Agreement. Section 10. That all acts, conditions and thin�s required by the laws of the State o innesota, relating to the adoption of this resolution and to the execution of the Agency Agreement and Grant Agreement and to the implementation of the Loan Program to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to the execution of the Agency Agreement and rrant A�reement have happened, exist and have been performed as so requir�d by law. Section 11. That the Commissioners, officers of the Board, attorneys, engineers and other agents or employees of the Board are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Agency Agreement and Grant Agreement for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Agency Agreement and Grant Agreement and this resolution. Section 12. That each of the Executive Directors of the Board are hereby designated and authorized to act on behalf of the Board, as its Authorized Agents, as defined in the Agency Agreement or Grant Agreement. Section 13. That the Chair, 'h�easurer and Secretary of the Board and officers of the Board, its attorneys and other agents or employees of the Board are � 3 *� � ' � J herebp authorized to do all acts and things required of them by or in connection with this resolution, the Agency Agreement, the Grant Agreement and other documents referred to above for the full, punetual and complete performance of all the terms, covenants and agreements contained in this resolution, the Agency Agreement, the Grant Agreement and the other documents referred to above. Section 14. That if for any reason the Chair, T�easurer or Secretary of the Board is unable to execute and deliver those documents referred to in this �Zesolution any member of the Board of Commissioners of the Baard or any officer of the Board may execute and deliver such documents with the same force and effect as if such documents were executed by such party. Section 15. That all costs incurred by the Board in connection with the execution of the documents described herein shall be paid by the Agency. Section 16. Thst this resolution shall be in full force and effect from and af ter its passage. � � 4 �,� �,�. • �A-'�-a ��f , PASSED AND APPROVED this day of , 198 . MINNEAPOLIS/SAINT PAUL HOUSING FINANCE BOARD . Chair ATTEST: Secretary , 5 . , • � ��� �� ________________________________ AGENDA ITEMS =_______________________________ ID#: 87-[607 ] DATE REC: [12/29/87] AGENDA DATE: [00/00/007 ITEM #: f. 1 SUBJECT: [GRANT AGREEMENT RE: EXXON OIL OVERCHARGE FUNDS � C.R. STAFF: [N/A ] SIG:[5CHEIBEL ] OUT-[ ] CLERK [12/29/87] ORIGINATOR:[PED-HOUSING ] CONTACT:[NANCY WEST - 3350 ] ACTION:[ ] [ ] C.F.# [ ] ORD.# [ ] G.S. RETURNED [00/00/00] FILE CLOSED [ ] � � � � � � � � � � � � FILE INFO: [RESOLUTION <2PGS)/MPLS-ST. PAUL HOUSING FINANCE BD. RESOLUTION ] C ] [ �