The URL can be used to link to this page

242005 ORf61NAL TO CITY CL6RK • ` � F CITY OF ST. PAUL couNC�� 24�U0� OFFICE OF THE CITY CLERK FILE NO. �, COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY �� ` �'1� � �(� _ 1 � DATF COMMISSIONER �(� WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, (herein called the "Local Public Agency") , proposes to enter into an Early Land Acquisition Loan Contract (herein called the "Contract"� , for financial assistance under Title I of the Housing Act of 1949, as amended, (herein called "Title I" with the United States of America (herein called the "Government" , acting by and through the Secretary of Houaing and Urban Development (herein called the "Secretary") , pursuant to which Federal funds would be provided for Early Land Acquisi- tion an.d other related activities in connection with an Urban Renewal Redevelopment Project (herein called the "Project") identified as the "Auditorium Renewal Project, Minn. R-53" , situated in the Auditorium Renewal Area, located in the City of Saint Paul , Minnesota, described in the exhibit hereto attached, marked MExhibit A" , and made a part hereo� by reference (and called the "Urban Renewal Area"� and WHEREAS, the Council of the City of Saint Paul , Minnesota (hereinafter referred to as the "Council" ) upon application of the Local Public Agency for approval of a Redevelopment Plan for Auditorium Renewal Area Minn. R-53, which application included a copy of the Redevelopment Plan, an application to undertake proj- ect activities during project planning stage, embodied in an instrument entitled "Application for Early Land Acquisition Loan Auditorium Minn. R-53" together with a relocation pla,n and finan- cial plan and a certified copy of the minutes of the City Planning Board regarding the said Redevelopment Plan and a certified copy of the Resolution of the Local Public Agency approving the afore- said Plan, and after public hearing in the manner required by law, did approve the Redeve3opment Plan for Auditorium Renewal Project, dated September 9, 1968, and determined upon the feasibility of relocation and financing of the aforesaid Project; and COUNCILMEN Adopted by the Counci� 19— Yeas Nays Carlson Dalglish Approved 19�_ Meredith �n Favor Peteraon Sprafka ' Mayor Tedesco A gainst ��"' PPROVE Mr. President, Byrne '— Asst. Corporation Cou � � � } c��;f,�� 2 . WHEREAS, the financial plan submitted by the Local Public Agency, with its aforesaid application for approval of the Redevelopment Plan, as a means of interim financing of the under- takings under said Redevelopment Plan, did propose entry by said Agency with the United States of America into a contract provid- ing financial assistance for Early Land Acquisition Loan under Section 102 (a) of Title I , and the applicable provisions of said Title I provide that "No loan for such purpose shall be made unless �� the governing body of the Locality �� shall have approved, by resolution, the acquisition of real property in the urban renewal area" ; and WHEREAS, said Title I also provides that the "Administrator may �� permit any structure so acquired to be demolished and removed, and may include in any Early Land Acquisition Loan the cost of such demolition and removal , together with �he administra- tive , relocation, and other related costs and payments , if the approval of the local governing body extends to such demolition and removal'; and WHEREAS, said Title I also provides that , "The loan contract shall provide that the Local Public Agency shall not dispose of any real property (except in lieu of foreclosure) until the local _ governing body of the Locality involved shall have either approved the Urban Renewal Plan for the Project or consented to the dis- posal of such real property" ; and WHEREAS, in connection with the application of the Local Public Agency for Redevelopment Plan approval and the approval thereof by this Council , proposals for relocation and information and data respecting said proposals prepared by the Local Public Agency, as a result of studies , surveys , and inspections , and upon the general knowledge of the members of the Council , and after careful consideration of the foregoing, approval was given to the feasibility of the relocation plan in said application presented; and WHEREAS, said Title I further prohibits any loans from being made for the purposes of early land acquisition unless either: (1 ) "The administrator shall have determined that such loan is reasonably secured by a first mortgage or other prior lien upon such real property or is other- wise reasonably secured, " or (2 ) "A governing body of the Locality shall have assumed the responsibility to bear any loss that may arise as the result of such acquisition in the event ��i�;U� at� 3 . that the property so acquired is not used for urban renewal purposes because the urban renewal Plan for the project is not approved, or is amended to omit any of the acquired property, or is abandoned for any reason. " NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Saint Paul , Minnesota, as follows : l . That it hereby approves the acquisition of real property in the urban renewal redevelopment area covered by the Redevelop- ment Plan for Auditorium Renewal Project Minn. R-53, dated September 9, 1968, and by the application of the Local Public Agency for Early Land Acquisition Loan Contract . _ 2 . That it also approves the demolition and removal of any structure acquired with the financial assistance provided under the Contract , and the inclusion in the Early Land Acquisition Loan of funds sufficient to cover any costs of such demolition or removal , together with the administrative , relocation and other related costs and payments . 3. That the disposition of real property acquired with the financial assistance provided under the Contract , in accordance with the provisions of the Redevelopment Plan for Auditorium Renewal Project , Minn. R-53, is hereby approved and consented to by this Council . 4. That it is hereby found and determined and redeter-mined that the objectives of the Redevelopment Plan, as heretofore approved, cannot be achieved through rehabilitation of the prop- erties in the project area to be acquired under the proposed contract for early land acquisition loan, and that such acquisition is necessary to remove conditions of blight and deterioration within the Project Area and to accomplish other Redevelopment Plan objectives . 5 . That it is hereby found and determined and redetermined that the proposals of the Local Public Agency for proper reloca- tion of individuals who may be displaced in carrying out the early land acquisition and related activities in connection with the project in decent , safe , and sanitary dwelling units are feasible and can be reasonably and timely effected to permit the proper carrying out of such activities ; and that such dwelling units , . . 2�`��`U"� 4. available , or to be made available , to such individuals are at least equal in number to the number of individuals that may be displaced, are not generally less desirable in regard to public utilities , and public and commercial facilities , and that the dwelling units are available at rents or prices within the financial means o� said individuals and are readily accessible to their pl�ces of employment . 6. That it agrees, upon behalf of the City, to assume , and does hereby assume , the responsibility to bear any loss that may arise as the result of the acquisition of land and the undertak- ing of related activities with financial assistance provided under the Contract in the event the property so acquired is not used for Urban Renewal purposes , because either the Redevelopment Plan for the project is amended to omit any of the acquired property or is abandoned for any reason; that this Council further represents that it will enter into a formal Agreement with the Local Public Agency, in form and substance satisfactory to the Secretary, a copy of which Agreement , entitled, "Cooperation Agreement Respecting Loan Un�er Section 102 (a) of Title I of the �='"" Housing Act of 194g , as amended, to Undertake Redevelopment Project Activities in Auditorium Renewal Project , Minn. R-53" , between the Local Public Agency and the City of Saint Paul , having been presented to and considered at this meeting, and is hereto attached, under which Agreement the Council specifically assumes the obligation to pay to the government upon demand any loss sustained by the government under its cantract with the Local Public Agency, and which Agreement by its terms is assignable to the Government upon request ; and it does hereby further authorize and direct the execution of the aforesaid Agreement for and in behalf of the City of Saint Paul by the proper officers of the locality as authorized by law; and that the Clerk is hereby authorized and directed to file a copy of said Agreement as executed with the minutes of this meeting and in the office of the Comptroller. ' '7 . That it agrees pursuant to the aforesaid Cooperation Agreement that an expression of the undertaking by the City to assume said loss , if any, shall appear on the face o� any Project Temporary Loan Note and Notes issued by the Authority payable to the United States of America respecting the loan under Section 102 (a� (e� (b) of Title I , Housing Act of lg4g , as amended, which expression shall be in the following language: , � .. . - ��[''�``` ORI6INAL�TO CITY CL6RK �;�t��!� '� CITY OF ST. PAUL FOENCIL N�,. j� -+ '� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF 5. "Undertakin� of the City of Saint Paul, Minnesota" "As additional security for the payment of principal of and interest on this Note and all other Notes, which are issued in accordance with the terms of said Note , the City of Saint Paul , Minnesota, for good and valuable consideration, hereby agrees to pay said ' principal and interest in the event the funds on deposit to the credit of the Project Temporary Loan Repayment _ _ Fund, referred to in said Note, are insufficient to pay the same when due and the City of Saint Paul , Minnesota, hereby pledges its full faith and credit for such pay- ment. This Undertaking is made in accordance with and pursuant to the provisions of Section 305 of the Temporary Loan Contract (Early Land Ac�}uisition) dated - between the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, and the United States of America, identified as Contract No. Minn. R-53 (TL) for Project Min.n. R-53. " JAN 3 0 196�1 COUNCILMEN Adopted by the Council 19— Yeas Nays Car�son yAIV 3 C� Y9�9 Dalgliah A proveci 19__ Meredith � _��___ln Favor Peterson ' Sprafka V Mayor A gainst Tedesco Mr. Preaident, Byrne RIJ$LISHfs� FEB 1 19� O �� . �� .� Area Coda 612 �LTY o.e PAUL J. KELLY 223-5I21 �a� g, THOMAS J. STEARNS o ' � JON R. DUCKSTAD �� : _ • ,,5 ARTHUR M. NELSON �s "` ° �� JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY First Assistant CITY OF SAINT PAUL AUL FT McCL SKEYRICK DANIEL A. KLAS LOUIS E.TORINUS Special Assistant LEGAL DEPARTMENT JOSEPH E. CARTWRIGHT 316 City Hall, St. Paul, Minnesota 5510Z JOSEPN P. SUMMERS Corporation Counsel January 31, 1969 Honorable Mayor and Members of the Council of the City of Saint Paul Gentlemen: Re: Auditorium Renewal Project Minn. R-53, Saint Paul, Minnesota As counsel for the City of Saint Paul (herein called the "Locality"), I have examined the certified records of the proceedings, inclurling, particularly, those certain resolutions adopted on January 23, 1969, and January 30, 1969, by the Council of the City of Saint Paul, State of Minnesota, approving the undertaking and ca.rrying out of Early Land Acquisition, demolition and removal, relocation, disposition, and related activities by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (herein called the "Local Public Agency") with the assistance of a Temporary Loan frora the United States of America, Department of Housing and Urban Development, under provisions of Title I of the Housing Act of 1949, as amended (herein called "Title I"), and authorizing the execut�a�n of an agreement with the Local Public Agency, pursuant to which the Locality assumes the responsibility to bear any loss that might arise as a result of such acquisition in the event that the property so acquired is not used for urban renewal purposes, because the urban renewal plan for the project is not approved, or is amended to omit any of the acquired property, or is abandoned for any reason. I have also exaa�ined said agreement. It is my opinion that: 1. The Locality has full, adequate, and lawful authority and power pursuant to the City Charter and the Statutes of the State of Minnesota to approve the undertaking and carrying out by the Local Public Agency of the Early Acquisition of real property, demolition and removal, relocation, disposition, and related activities to the above identified Urban Renewal Project pursuant �tova� �aontract between the Local Public Agency and the Government for an Early Land Acquisition Loan under the provisions of Title I. Mayo� and Council 2. January 31, 1969 2. The Locality has full, adequate, and lawful authority and power to enter into a valid and le�ally binding agreement with the Local Public Agency, £or the benefit of the Government, under which the Locality assumes the responsibility to bear any loss that raay arise as a result of such Early Land Acquisition and related activi�ies recited in such resolutions. 3. Said proceedings have been taken and said resolutions adopted in form, manner, and otherwise as authorized by law; and further, that the agreement has been duly and legally made and executed within the authority prescribed by law. None of the proceedings and no suthority for the execution of said a�reement for the Locality's compliance with the provisions, terms, and conditians thereof, upon demand of the Govermaent, have or has been repealed, rescinded, or revoked and said resolutions are in full force and effect. No Iitigation of any nature is now pending ar threatened, either in State or Federal courts, restraining or enjoining the Locality's execution of said agreement or affectinR the validity thereof of the proceedings aforesaid. Respectfully submit , OSEPH . SUMM S ��ation Co nsel i a�u:.� � � � P�C1.L J. KEL Assistant Corporation Counsel ! a QUADRUPLICAT!TO D�ARTMENT 24�Up� CITY OF 5T. PAUL OOENCIL N�, OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONEQ DAT� ��i�s t� ��` � ��ry�0�t ��r�$��i� �� C�ty ot Saiat la�l�, �am�rr�ta, ��►sr+�rta +��iis� #�rr "L�,at i�lie �i��'J"�s ��►«ts t�► rr�#�r ltt#� �a ��rl� I.�o� Ao�i.alt�+to� 't�s�at Gos�ra�a#� �Itsrs�r�i�a �iltd �wr """�oa��s°��at�' , f�r �i�u►ei�►1 �ii� a .�.r titi. � o� #�. �r�s �o� �►: i , .. � t�►ia. s�l�d *"!`it�� T'�� wi'��i t�!► �#�s� �+��i►tsflF ot A��'#oli! �$s�'Mr�Ullt �ttl+lplt t.�r "�o'rt�s�tt" , aati� #� ,ei� t�� th�t i�� of �I'�a�i� a�d � I��Ir�o�t ��rlt�'afia ��Yid �r �!�ls��a�r�r"�: �'��ri to t�t:D 8'��1 t�i� rr�l+d be �1� �� La�tl�► � ��f��+* �is� e� ot�r ��sted �#��.t�� aar�rotf� ftiti� aact t�►�a► �C�w1 8�t��lo�M�t� P�o,�s+�':� (�+M�ra►#,a �a11�1 tht "Ps1►,��It"� iA�►tili�►d as t�r► "A�rti#.�►ria� ��r�sr�►2 �ro�a+ot, M��. �-�3*# silwt� ia the Aaditas�i� '��ri11 Arfa� ��attd �� r +Cit�r at Salat Ps�l, 1�[i�t�ta�, d�rsari�A ia� �lat �iDtt h+s�t� att�+d, N�c+1�d �tbi t l��`r i� a�t�+�► 1i �#rt #M►!'i0�� 1M� r's!�'�4i ��i1t s�l�,i� E�ir "Qa�rs �I�wrorl A�+ra"� �L �'�t�sAS, th� Co�il ot t�t Cit�r a►t �si�tt !'aal! �tia�sota (h�r�i�t�r r�tsrta+t tt► as t�e *�G�Qaacil") nrp�a �►BPlie��oie o#" tlal L�oal Publi+� t��Y far a�►pr�►�ra1 oi s ��rnl�rprr�� Plaa� !or J1�rd��ri�t �1 A�; '�p�. �••�;, �i� a�li�riio�t il�!�rr�►t a so�r v� t�ur P�rrrs�lo��t Plaa, � �pplioatios io tard+�rt�►1ts l�w,� •Q� �'�1r1t1r• +�1ix'� p�"'0,1iR4t plll�A�tj i'�i�i� !�!@d1.� � 8p; la�t�et �at3t�a►d *A�rpli�aSiars iar �a�si� Laarrd �sq�r#aiti�sa 3�a�t I►�iior�o� l�i�n. �.-�� te��rtl�r �r1t� a r�i��iar p1aa. a�rd tl�� eital �la�t �t a eysriixis4 ��r a� t�r ria�i�s �►t t� �it�r Fl� �l+�r�l ae��ard�t� t3�+� raid R��sla►�t Pla� add a ��rtif#i+�d oA�r ai t8� Rssol�t�� ai t�b� L��cl �►1►1tc �t�o�r �Yix� 't�har rr#�w�• �id Pia�� a�rd +a��r �bl�� r�.r3� ia t� ��c s+�re� �r ls�r, tii a�rr+� '� ��di�►ielop�t�t �+�nt i+�r A��i iasittr �t�rtn�t. ls�►�l+r��, iat�+i �pta�wr�" 4, l�, a�d dat+�=u� �tp+� t� t�a�r�At�l�t�' at s�+�lov�ti� aa�i #i��#a� �rt �tA�r �tto:f�rald �i�c+,�ret t �p+4 COUNCILMEN Adopted by the Council 19— Yeag Nays Carlson Dalglish . Approved 19�_ Meredith Tn Favor Peterson Sprafka. Mayor Tedesco A Sainst Mr. President, Byrne � ��i��u V 4� 2 . W��EREAS, the financial plan submitted by the Local Public Agency, witri its aforesaid application for approval of the Redevelopment Plan, as a means of interim financing of the under- takings urider said Redevelopment Plan, did propose entr'y by said Agency titi�ith the United States of �lmerica into a contract provid- ing financial assistance for Early Land Acquisition Loan under Section 102 (a) of Title I , and the applicable provisions of said . � Title I provide that "No loan for such purpose shall be made unless �� the governing body of the Locality �� shall have � approved, by resolution, the acquisition of real property in the urban renewal area" ; and WHEREAS, said Title I also provides that the "Administrator may �� permit any structure so acquired to be demolished and removed, and may include in any Ear�ly Land Acquisition Loan the cost of such demolition and removal , together with the �administra- tive , relocation, and other related costs and payments, if the approval of the local governing body extends to such demolition and removal '; and WHEREAS, said Title I also provides that , "The loan contract shall provide that the Local Public Agency shall not dispose of � any real property (except in lieu of foreclosure) until the local . governing body of the Locality involved shall have either approved the Urban Renewal Plan for the Project or consented to the dis- posal of such real property" ; and WHEftEAS, in connection with the application�of the Local Public Agency for Redevelopment Plan approval and the approval thereof by this Council , pr-oposals for relocation and information and data respecting said proposals prepared by the Lacal Publie Agency, as a result of stud'ies, surveys , and inspections, and upon the general knowledge of the members of the Council , and after careful consideration of the foregoing, approval was given to �he feasibility of the relocation .plan in said application presented; and WHEREAS, said Title I further prohibits any loans from being made for the purposes of early land acquisition. unless either: (1) "The administrator shall� have determined that such loan is reasonably secured by a first mortgage or � � other prior lien upon such real property or is other- wise reasonably secured, " or � (2) "A governing body of the . Locality shall have assumed the responsibility to bear any loss that may arise as the result of such acquisition in the event 2 ��,00� . 3• that the praperty so acquired is not used �or urban renewal purposes because the urUan renewal Plan for the project is not approved, or is amencled to omit any of the acquired pr. operty, or is abandonecl for any � reason. " NOW, THEftEFORE, BE IT . RESOLVED, by the Council of the City of Saint Paul , Minnesota, as follows: 1 . That it hereby approves the acquisition of real property in the urban renewal redevelopment area covered by the Redevelop- ment Plan for Auditorium Renewal Project Minn. R-53, dated September 9 , 1968, and by the application of the Local Public Agency for Ear1y Lanci Acquisition Loan Contract . 2 . That it also approves the demolition and removal of any structure acquired with the financial assistance provided under the Contract , and the inclusion in the Early Land Acquisition Loan of funds sufficient to cover any costs of such demolition or removal , together with the administrative , relocation and other related costs and payments . 3. That the disposition of real property acquired with the financial assistance provided under the Contract , in accordance with the provisions of the Redevelopment Plan for Auditorium Renewal Project , Minn. R-53, is hereby approvec��and consented to by this Council . . 4. That it is hereby found and determined and redetermined that the objectives of the Redevelopment Plan, as heretofore approved, cannot be achieved through rehabilitation of the prop- erties in the project area to be acquired under the proposed contract for early land acquisition loan, and that such acquisition is necessary to remove conditions of blight and deterioration within the Project Area and to accomplish other Redevelopment Plan� objectives. • 5 . That it is hereby found and determined �and redetermined that the proposals of the Local Public •Agency for proper reloca- tion of individuals who may be displaced in carrying out the early land acquisition and related activities in conn.ection with the project in decent , safe , and sanitary d•we•lling units are feasible and •can be reasonably and timely effected to permit the proper carrying out of such activities; and that s�ch dwelling units . . ��'�� , . 1�� . ... available , or to be made available , to such indivicluals are at least equal in number to tYie number of individuals that may be displaced, are not generally less clesirable ir� regard �o public utilities , and public and couiniercial facilities, and that the dwelling units are available at rents or prices within the financial means of said individuals and are readily accessible to their places of employment . 6. That it agrees, upon behalf of the City, to assume , and does hereby assume , the responsibility to bear any loss that may arise as the result of the acquisition of land and the undertak- ing of related activities S�llt}1 financial assistance provided under the Contract in the event the property so acquired is not used for Urban Renewal purposes , because either the Redevelopment Plan for the project is amended to omit any of the acquired property or is abandoned for any reason; that this Council further represents that it will enter into a formal Agreement with the Local Public Agency, in form and substance satisfactory to the Secretary, a copy of which Agreement , entitled, "Cooperation Agreement Respecting Loan Under Section 102 (a) of Title I of the Housing Act of lg4g , as amended, to Undertake Redevelopment Project Activities in Auditorium Renewal Project , Minn. R-53" , between the Local Public Agency and the City of Saint Paul , having been presented to and considered at this meeting, and is hereto attached, under which Agreement the Council specifically assumes the obligation to pay to the government upon demand any loss sustained by the government under its contract "tirith the Local Public Agency, and which Agreement by its terms is assignable to the Government upon request ; and it does hereby further authorize and direct the execution of the aforesaid Agreement for and in behalf of the City of Saint Paul by the proper officers of the locality as authorized by law; and that the Clerk is hereby authorized and directed to file a copy of said Agreement as executed with the minutes of this meeting and in the office of the Comptroller. '] . That it agrees pursuant to the aforesaid Cooperation Agreement that an expression of the undertaking by the City to •assume said loss , if any, shall appear on the face of any Project Temporary Loan Note and Notes issued by the Authority payable to the United States of America respecting the loan under Section 102 (a) (e) (b) of Title I , Housing Act of 1g4g , as amended, which expression shall be in the following la�guage: • • - , . . qUADRUPLICAT6 TO D6PARTM6NT ��t-� CITY OF ST. PAUL FOENCIL NO.��.sL OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONEQ DATF �♦ � �� '� �� ii a�ri 1a� �i �1� 1�1+1� aM s�x +�� l�ir'�,� rrbiait +� is�t la�► a+��r� ��Ir � #�rws +�►f �i+i �is�, � Cl�� +�# �aisi f�wl, �t�, f�r � s� •�tlw�ie3� ��#��, fl�rra� a�arvn�s �► �► ��d �ar�� a�1 is�+�n�rst #►� t�M ar�r+��i t�lw #+� +�r ��r�tt �o t�4r� o�+�rtit st � tsa,�+a�f ��ta�r � �r�r�t , !!�!� �ttiT�'Mt i� is �rt� :�'#+�►�, � ��ti�il�t t�+s �r 't�D� �+�M �� M aw,t �r t�#��► �!' s�t !"a�e�„ �aMt+�rta�, ��!' !�� lis i�i �1t� +��wt +��li* frrs �t �► ��. '!i!a �rt�kLs� �r ri� �a► ar��wrr� �ri� iri �aq�'a�Mt# t�rt '� ��nr+r,i+��+o�r s� �ti�r�r � �t � l+r��si�e7► L��► ��w�R ��arli L�wt 1�l,�+�#�s� i+r�� rs1�s � �rri� � �3�t �t�i�e�ri�► �t' �s Ci'� �t �t� !�* lfi��wrf�, a�wN #� �t#� �a� a►f M�►�l+�e��, ii��i!'i��rt +as 6�ra#s'�rti Yi: 11�t. �� '!�j t� l�,��t# l�as. �••3�.# JAN 3 0 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson ,9RIRIi 3 0 1� Dalgliah Approved 19—_ Meredith �n Favor Peteraon Sprafka Mayor Tedesco A Sainst Mr.Preaident, Byrne ��