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CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION NO.8165 <br /> AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A <br /> SUBORDINATE HEALTH CARE FACILITIES REVENUE NOTE (BHS/ALLINA <br /> TCU PROJECT), SERIES 2013, IN THE AGGREGATE PRINCIPAL AMOUNT <br /> NOT TO EXCEED $3,000,000, FOR THE BENEFIT OF BENEDICTINE LIVING <br /> CENTER OF FRIDLEY, LLC, PAYABLE SOLELY FROM REVENUES <br /> PLEDGED PURSUANT TO A LOAN AGREEMENT AND A SERVICING <br /> AGREEMENT; AND APPROVING THE FORM OF AND AUTHORIZING THE <br /> EXECUTION AND DELIVERY OF RELATED DOCUMENTS <br /> BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota(the "City"), as <br /> follows: <br /> Section 1. Recitals and Findings. <br /> 1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), <br /> authorizes a city to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, <br /> construction, reconstruction, improvement, betterment, or extension of a"project," defined in the Act, in <br /> part, as any properties, real or personal,used or useful in connection with a revenue producing enterprise, <br /> whether or not operated for profit, engaged in providing health care services, including hospitals, nursing <br /> homes,and related medical facilities. <br /> 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue <br /> obligations to finance the acquisition or improvement of property located outside of the corporate <br /> boundaries of such municipality if the obligations are issued under a joint powers agreement between the <br /> municipality issuing the obligations and the municipality in which the property to be acquired or <br /> improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint <br /> powers agreement entered into through action of their governing bodies,two municipalities may jointly or <br /> cooperatively exercise any power common to the contracting parties or any similar powers, including <br /> those which are the same except for the territorial limits within which they may be exercised and the joint <br /> powers agreement may provide for the exercise of such powers by one or more of the participating <br /> governmental units on behalf of the other participating units. <br /> 1.03. Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability <br /> company (the "Borrower"), which will be controlled by Benedictine Health System, a nonprofit <br /> corporation ("BHS"), either as its sole member or as a joint member with Allina Health System, a <br /> Minnesota nonprofit corporation ("Allina"), or any affiliate of BHS or Allina, has proposed that the City <br /> issue its Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the <br /> "Subordinate Note"), in the aggregate principal amount not to exceed $3,000,000. The Borrower <br /> proposes to use the proceeds of the Subordinate Note, along with equity of the Borrower and the proceeds <br /> of the Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Series 2013 <br /> Note"), proposed to be issued by the City of Fridley, Minnesota (the "City of Fridley") in the aggregate <br /> principal amount not to exceed $10,000,000,to(i)finance the acquisition, construction, and equipping of <br /> a 50-bed transitional care facility located on the Unity Hospital/Allina campus at 550 Osborne Road, <br /> 433887v1 JAE MU210-222 <br />