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2018.10.09 CC
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2018.10.09 CC
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2 <br />537405v2 JSB NE136-263 <br />to the office of Minnesota Management and Budget only if the City has granted preliminary approval to <br />the issuance of the Bonds to finance the Project. <br /> Section 2. Preliminary Findings. Based on representations made by the Borrower to the <br />City to date, the City Council hereby makes the following preliminary findings, determinations, and <br />declarations: <br /> <br /> (a) The Project consists of the acquisition, construction, and equipping of a <br />multifamily rental housing development designed and intended to be used for rental occupancy. <br /> <br /> (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of <br />the loan will be applied to: (i) the acquisition, construction, and equipping of the Project; (ii) the <br />funding of one or more reserve funds to secure the timely payment of the Bonds , if necessary; <br />(iii) the payment of interest on the Bonds during the construction of the Project, if necessary; and <br />(iv) the payment of the costs of issuing the Bonds. The City will enter into one or more loan <br />agreements (or other revenue agreements) with the Borrower requiring loan repayments from the <br />Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all <br />costs of maintaining and insuring the Project, including taxes thereon. <br /> <br /> (c) In preliminarily authorizing the issuance of the Bonds and the financing of the <br />acquisition, construction, and equipping of the Project and related costs, the City’s purpose is to <br />further the policies of the Act. <br /> <br /> (d) The Bonds will be special, limited revenue obligations of the City payable solely <br />from the revenues pledged to the payment thereof, will not be a general or moral obligation of the <br />City, and will not be secured by or payable from revenues derived from any exercise of the taxing <br />powers of the City. <br /> <br /> Section 4. Public Hearing. The City Council will conduct a public hearing on the Housing <br />Program, the Project, and the issuance of the Bonds by the City at a regular or special meeting on a date <br />to be determined by the City Manger for which proper notice may be given as provided below. Notice of <br />such hearing (the “Public Notice”) will be published as required by Section 462C.04, subdivision 2 of the <br />Act and Section 147(f) of the Code. The City Clerk of the City is hereby authorized and directed to <br />publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, in the New Brighton - <br />Mounds View Bulletin, a newspaper of general circulation in the City, at least 15 days before t he meeting <br />of the City Council at which the public hearing will take place. At the public hearing reasonable <br />opportunity will be provided for interested individuals to express their views, both orally and in writing, <br />on the Project, the Housing Program, and the proposed issuance of the Bonds. <br /> <br /> Section 5. Housing Program. Kennedy & Graven, Chartered, acting as bond counsel with <br />respect to the Project and the Bonds (“Bond Counsel”) shall prepare and submit to the City a draft <br />Housing Program to authorize the issuance by the City of up to approximately $29,500,000 in revenue <br />bonds in one or more series to finance the acquisition, construction, and equipping of the Project by the <br />Borrower. <br /> <br /> Section 6. Submission of an Application for an Allocation of Bonding Authority. Under <br />Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of <br />Minnesota. The City Council hereby authorizes the submission of an application for allocation of <br />bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the <br />requirements of the Allocation Act. The Mayor, the City Manager, the City Clerk, and Bond Counsel are <br />hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to
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