84-037 - 05-01 - Approval Project MN Municipal Industrial Development Energy and Economic Development Authority Unicare Homes Inc.Resolution 84-37
May 1, 1984
Member Stockman introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT
UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT; REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY
AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND
AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
BE IT RESOLVED by the City Council (the "Council") of the City of Golden
Valley, Minnesota (the "City"), as follows:
1. It is hereby found, determined and declared as follows:
1.1 It is the policy of the State of Minnesota (the "State") to
facilitate and encourage action by local government units to prevent the
economic deterioration of areas within the City to the point where the
process can be reversed only by total redevelopment through the use of
local, state and federal funds derived from taxation, with the attendant
necessity of relocating displaced persons and of duplicating public services
in other areas.
1.2 Technological change has caused a shift to a significant degree in
the area of opportunity for educated youth to processing, transporting,
marketing, service and other industries, and unless existing and related
enterprises are retained to use the available resources of the City, a
large part of the existing investment of the community and of the State as
a whole in educational and public service facilities will be lost, and the
movement of talented, educated personnel of mature age to areas where their
services may be effectively used and compensated will deprive the City and
the State of the economic and human resources needed as a base for providing
governmental services and facilities for the remaining population.
1.3 The welfare of the State and the City requires the provision of
necessary health care facilities, including nursing homes, to the end that
adequate health care services be made available to residents of the State
and the City at reasonable cost.
1.4 Unicare Homes, Inc., a Delaware corporation (the "Company"), has
advised the Council that it desires to undertake a project which consists
of the acquisition and renovation of nursing home facilities (the "Project"),
located at 7505 Country Club Drive in the City.
1.5 The Project will assist the City in maintaining the tax base and
employment opportunities in the City.
1.6 The City has been advised that conventional, commercial financing
to pay the capital cost of the Project is available at such costs of borrowing
that the economic feasibility of operating the Project would be significantly
reduced, but that with the aid of municipal financing and its resulting low
borrowing cost the Project is economically more feasible, and the Company
will thereby be better able to maintain high standards of nursing home care
at a reasonable cost.
Resolution 84-37 - Continued
May 1, 1984
1.7 This Council has been advised by Miller & Schroeder Municipals,
Inc., of the financial feasibility of the Project, as so undertaken with
the assistance of the City, or of its intention to purchase nursing hone or
other revenue obligations of the City to finance the Project.
1.8 The City is authorized by Minnesota Statutes, Chapter 474, to
issue its revenue bonds, notes or other obligations to finance the cost,
in whole or in part, of the acquisition, construction, reconstruction,
improvement, betterment or extension of capital projects consisting of
properties used and useful in connection with a revenue producing enterprise,
including nursing home facilities, whether or not now in existence or
operated for profit, as provided in Minnesota Statutes, Section 474.02,
Subdivision lc, and the issuance of such obligations by the City would be a
substantial inducement to the Company to undertake the Project.
2. On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its obligations (the "Bonds")
under the provisions of Minnesota Statutes, Chapter 474, to finance the Project
in an amount presently estimated not to exceed $10,000,000.
3. The Project and the related financing thereof by the City are hereby
given preliminary approval, and the issuance of the Bonds for such purpose and
in such estimated amount is hereby approved, subject to approval of the Project
by the Minnesota Energy and Economic Development Authority (the "Authority") and
to the mutual agreement of the Council, the Company and the initial purchasers
of the Bonds as to the details and provision for payment of the Bonds. In all
events, it is understood, however, that the Bonds shall not constitute a debt of
the City or a charge, lien or encumbrance, legal or equitable, upon any property
of the City except its interest in the Project, and each of the Bonds when, as
and if issued shall recite in substance that it is payable solely from the revenues
received from the Project and properly pledged to the payment thereof.
4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a,
the Mayor is hereby authorized and directed to submit the proposal for the
Project to the Authority for approval. The Mayor and other officers, employees
and agents of the City are hereby authorized to provide the Authority with any
preliminary information needed for this purpose and are further authorized to
initiate and assist in the preparation of such documents as may be appropriate
to the Project and the financing thereof.
5. The adoption of this resolution by the Council does not constitute a
guarantee or a firm commitment that the City will issue the Bonds as requested
by the Company. The City retains the right in its sole discretion to withdraw
from participation and accordingly not issue the Bonds should the City determine
that it is in the best interest of the City not to do so or should the parties
to the transaction be unable to reach agreement on the terms thereof.
6. The City and the Company are aware that pending federal and Minnesota
legislation, including without limitation H.R. 4170 and the Minnesota Senate
File 2100, may make it impossible to issue the Bonds on a tax exempt basis. The
legislation may propose a volume limit for the City which may be less than the
proposed amount of the Bonds and impose further restrictions with which the
Project may not comply. The City hereby advises the Company and finds and
determines that the Project is not a priority allocation of any volume limit which
may be imposed by H.R. 4170 and that the Council in its discretion may choose to
issue revenue bonds for other projects within any prescribed volume limit.
Resolution 84-37 - Continued
May 1, 1984
7. The Company hereby represents and the City, acting through its City
Council, hereby determines and finds that the Project will not be undertaken by
the Company but for the availability to the Company of the industrial development
bond financing contemplated and referenced herein.
Mary E.P
derson, Mayor
ATTEST:
Johr`- 'p
y, ity Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Bakken, Johnson, Stockman and Thompson, and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted, signed by the Mayor and her signature attested by the City
Clerk.