04-0784R


RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND CALLING FOR PUBLIC HEARING ON INTENTION TO ISSUE IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521.

BY COUNCILOR NESS:

     BE IT RESOLVED, by the city council of the city of Duluth, Minnesota (the city), as follows:

     Section 1. Capital improvement plan.

     1.01 (a)  Under and pursuant to Minnesota Statutes, Section 475.521 (the act), the city council has authorized preparation of a capital improvement plan for the years 2005 through 2009 which has been presented to the city council in a document entitled “Capital Improvement Budget and Five Year Plan 2005-2009,” dated November 2004 (the plan);

           (b)  The city council has caused due notice to be given and has this day held a public hearing as required by the act, to provide an opportunity for residents to express their views on the plan;

           (c)  The city council has considered the following for each project discussed in the plan and for the overall plan:

                 (1)  The condition of the city’s existing infrastructure, including the projected need for repair or replacement;

                 (2)  The likely demand for the improvement;

                 (3)  The estimated cost of the improvement;

                 (4)  The available public resources;

                 (5)  The level of overlapping debt in the city;

                 (6)  The relative benefits and costs of alternative uses of the funds;

                 (7)  Operating costs of the proposed improvements; and

                 (8)  Alternatives for providing services more efficiently through shared facilities with other cities or local government units;

     1.02 (a)  Based on the considerations set forth in the plan and Section 1.01(c) hereof, the city council finds that the plan is desirable and beneficial to the city and its residents;

           (b)  The city council finds that the proposed improvements under the plan will result in no unnecessary duplication of public facilities provided by other units of government in the region.

     1.03 The plan is approved.

     Section 2. Intent to issue bonds and reallocation of bond proceeds.

     2.01 (a)  The city council is considering the issuance of capital improvement bonds under the act and Minnesota Statutes, Chapter 475, in an amount not to exceed $1,300,000 (the bonds), for the purpose of providing funds for continuation of the restoration of the granite and brick facades of City Hall; continuation of the installation of ventilation systems in fire halls; construction of a steel framed, fabric covered storage building to store salt/sand deicing material to protect surface water quality; and construction of a police station in west Duluth (collectively, the project) and payment of discount and costs of issuance;

           (b)  The city hereby expresses its intent to issue the bonds for the project in an aggregate principal amount not to exceed $1,300,000, pursuant to the plan, the act and Minnesota Statutes, Chapter 475.

           (c)  The city will issue the bonds if no petition requesting a vote on the issuance of the bonds signed by voters equal to five percent of the votes cast in the city in the last general election is filed with the city clerk within 30 days after the date of the public hearing described in Section 2.03 of this resolution.

     2.02 (a)  The city previously issued its $800,000 general obligation capital improvement bonds, Series 2004A, dated March 1, 2004 (the 2004A bonds). The sum of $170,192 of proceeds from the 2004A bonds shall be reallocated to finance the construction of the police station in West Duluth;

           (b)  The city will reallocate the 2004A bonds if no petition requesting a vote on the reallocation of the 2004A bonds signed by voters equal to five percent of the votes cast in the city in the last general election is filed with the city clerk within 30 days after the date of the public hearing described in Section 2.03 of this resolution.

     2.03 The city council shall hold a public hearing on the issuance of the bonds and the reallocation of proceeds of the 2004A bonds at 7:00 p.m. on January 10, 2005. The city clerk is authorized and directed to cause the notice of public hearing, substantially in the form on file in the office of the city clerk as Public Document No. __________, to be published in the official newspaper of the city or a newspaper of general circulation in the jurisdiction of the city not less than 14 days nor more than 28 days prior to the date set for the public hearing.

     2.04 The administrative staff of the city and its agents are hereby authorized to take such further action necessary to carry out the intent and purpose of this resolution and the requirements of the act.


STATEMENT OF PURPOSE:  This resolution approves the 2005-2009 capital improvement plan and calls for a public hearing on the intention to issue improvement bonds and to reallocate a portion of the Series 2004A bonds to the West Duluth police station project.