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HomeMy WebLinkAboutCity Council Resolution 2018-189 C ITY OF P LYMOUTH R ESOLUTION N O. 2018-189 R ESOLUTION C ONSENTING TO AND P ROVIDING H OST A PPROVAL TO THE I SSUANCE BY THE C ITY OF S T. P AUL P ARK OF ITS R EVENUE B ONDS WHEREAS, the City of Plymouth, Minnesota (the “City”) is a home rule charter city and political subdivision duly organized and existing under its charter and the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance revenue-producing enterprises located within the City, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals and related medical facilities or to refund, in whole or in part, bonds previously issued under the authority of the Act; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations; and WHEREAS, on October 25, 2013, the City issued its Nursing Home Revenue Note (PHS WestHealth, Inc. Project), Series 2013A (the “Series 2013A Note”), in the original aggregate principal amount of $10,000,000, pursuant to the Act and Minnesota Statutes, Section 471.656, and loaned the proceeds thereof to PHS WestHealth, Inc., a Minnesota nonprofit corporation (“PHS WestHealth”), whose members are Allina Health System and Presbyterian Homes Housing and Assisted Living, Inc., both Minnesota nonprofit corporations, for the purpose of financing a portion of a 55-unit transitional care facility (the “Plymouth Facility”) located at 2775 Campus Drive on the WestHealth/Allina Health System campus in the City, which is owned by the Borrower; and WHEREAS, the Borrower has requested that the City of St. Paul Park, Minnesota (the “City of St. Paul Park”) issue revenue obligations, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), in an aggregate principal amount not to exceed $26,000,000, for the purposes of, among other things, refinancing the Plymouth Facility through the redemption and prepayment of the outstanding Series 2013A Note; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations promulgated thereunder require that prior to the issuance of the Bonds, the City Council of the City (the “City Council”) consent to the issuance of the Bonds by the City of St. Paul Park after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation within the City at least fourteen (14) days prior to the public hearing date; and WHEREAS, a notice of public hearing (the “Public Notice”) was published at least fourteen (14) days before the regularly scheduled meeting of the City Council on the date hereof in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code; and WHEREAS, on the date hereof, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) consent to the issuance of the Bonds by the City of St. Paul Park pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the issuance of the Bonds by the City of St. Paul Park to refund the Series 2013A Note pursuant to the requirements of Section 469.155, subdivision 12 the Act; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, AS FOLLOWS: 1. The City Council finds that it is in the best interest of the City to approve the issuance of the Bonds by the City of St. Paul Park to refinance the Plymouth Facility and consents to the issuance of the Bonds by the City of St. Paul Park for the purposes set forth above in an amount not to exceed $26,000,000. 2. The City Council approves and consents to the refunding of the City’s Series 2013A Note. 3. The Mayor and City Manager and other officers, employees, and agents of the City are authorized and directed to prepare and furnish to bond counsel and the original purchaser of the Bonds certified copies of all proceedings and records of the City relating to the approval of the issuance of the Bonds, including a certification of this resolution. 4. The Mayor and the City Manager are authorized and directed to execute and deliver any documents deemed necessary to fulfill the intentions of this resolution. 5. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. 6. This resolution shall be in full force and effect from and after its passage. APPROVED by the City Council on this 8th day of May, 2018. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 8, 2018 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of __________________, __________. ____________________________________ City Clerk 2