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08-34 - 08-06 - Issuance Revenue Bonds for Opportunity Partners, Inc Under Minnesota Statutes, Sections 469.152 thru 469.165Resolution 08-34 August 6, 2008 0 Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION CALLING A PUBLIC HEARING REGARDING THE ISSUANCE OF REVENUE BONDS FOR THE BENEFIT OF OPPORTUNITY PARTNERS, INC. UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), authorizes the City to pay, purchase, or discharge all or any part of the outstanding indebtedness of a contracting party that is an organization primarily engaged in activities for mentally or physically disabled persons, which outstanding indebtedness was previously incurred in the acquisition or betterment of its existing facilities. 1.02. Opportunity Partners, Inc., a Minnesota nonprofit corporation (the "Borrower") has requested that the Hennepin County Housing and Redevelopment Authority (the "Authority") issue revenue bonds pursuant to the Act in one or more series in the approximate principal amount not to exceed $3,100,000 (the "Bonds") in order to finance all or a portion of the following: (i) the redemption and prepayment of the outstanding principal amount of the $3,528,400 Hennepin County Housing and Redevelopment Authority Industrial Development Revenue Note (Opportunity Partners Project), Series 2001, issued by the Authority on October 4, 2001, and (ii) the refinancing of taxable indebtedness used by the Borrower to acquire two (2) group treatment residences located in the City and the City of Crystal, Minnesota ("Crystal"), each owned and operated by the Borrower (collectively, the "Project"). 1.03. The Borrower has also requested that the City grant host city approval for the issuance of the Bonds to finance the Project, pursuant to the terms of a Cooperation Agreement, dated as of September 1, 2008 between the City, the Authority and Crystal. 1.04. Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, prior to granting host city approval of the financing of the Project, the City is required to conduct a public hearing with respect to the proposed financing of the Project. Section 2. Public Hearing. 2.01. The City Council will meet at or after 7 p.m. on Tuesday, September 2, 2008, to conduct a public hearing on the Project and issuance of the Bonds therefor as requested by the Borrower. 2.02. A notice of such public hearing must be published at least once, not less than fourteen (14) days prior to the date fixed for the hearing in a newspaper of general circulation in the City. Resolution 08-34 - Continued August 6, 2008 . 2.03. The City Finance Director is authorized and directed to publish notice of the public hearing, in substantially the form attached hereto as EXHIBIT A, in the New Hope - Golden Valley Sun Post, the official newspaper of the City and a newspaper of general circulation in the City. The notice shall be published at least once, at least fourteen (14) days prior to the date of the public hearing. [w MOT 01 W. in ATTEST: I "Po' L-�' Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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. Resolution 08-34 - Continued August 6, 2008 EXHIBIT A NOTICE OF A PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Golden Valley, Minnesota (the "City"), will hold a public hearing on Tuesday, September 2, 2008, on or after 7 p.m., at City Hall, 7800 Golden Valley Road, to consider a proposal that the City approve and authorize the issuance of revenue bonds (the "Bonds"), by the Hennepin County Housing and Redevelopment Authority (the "Authority"), in one or more series, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), for the purpose of: (i) redeeming and prepaying the Hennepin County Housing and Redevelopment Authority Industrial Development Revenue Note (Opportunity Partners Project), Series 2001 (the "Prior Bonds"), and (ii) refinancing taxable indebtedness used to acquire two (2) group treatment residences for people with developmental disabilities, owned and operated by Opportunity Partners, Inc., a Minnesota nonprofit corporation (the "Borrower"), located at 1440 Maryland Avenue North in the City, and at 3812 Hampshire Avenue in the City of Crystal, Minnesota (collectively, the "Project"). The Prior Bonds were issued to finance and refinance sixteen (16) group treatment residences and a training and workplace facility owned and operated by the Borrower. The Project will be owned and operated by the Borrower. The maximum aggregate principal amount of the proposed Bonds is $3,100,000. Following the public hearing, the Council will consider a resolution to: (i) approve the issuance of the Bonds by the Authority, and (ii) approve and authorize the execution and delivery of a Cooperation Agreement, dated as of September 1, 2008 with the Authority and the City of Crystal, Minnesota with respect to the issuance of the Bonds. The Bonds will be special, limited obligations of the Authority and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No Bonds or other obligations will be issued by the City. No holder of any Bond will ever have the right to compel any exercise of the taxing power of the City to pay the Bond or the interest thereon, nor to enforce payment against any property of the City. Before issuing the Bonds, the Authority will enter into a revenue agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: August 14, 2008 CITY OF GOLDEN VALLEY, MINNESOTA • Susan M. Virnig, City Clerk