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to be determined by the City staff in order to meet publication requirements in accordance with applicable <br />law. Notice of such hearing (the "Public Notice") will be published as required by Section 462C.04, <br />subdivision 2 of the Act and Section 147(f) of the Code. The City Clerk of the City is hereby authorized <br />and directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, in the <br />Shoreview Press in accordance with applicable law. The Public Notice will provide a general, functional <br />description of the Project, as well as the maximum aggregate face amount of the obligations to be issued <br />for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, <br />and the location of the Project. The Public Notice is authorized to be published in a newspaper <br />circulating generally in the City on a date at least 15 days before the meeting of the City Council at which <br />the public hearing will take place. At the public hearing reasonable opportunity will be provided for <br />interested individuals to express their views, both orally and in writing, on the Project and the proposed <br />issuance of such revenue obligations. <br />Section 4. 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 Metropolitan <br />Council for its review a draft Housing Program to authorize the issuance by the City of up to <br />approximately $11,000,000 in revenue bonds in one or more series to finance the acquisition, <br />construction, and equipping of the Project by the Borrower. City staff is hereby authorized to review, <br />approve and submit the Housing Program to the Metropolitan Council for its review on or before the date <br />of publication of the Public Notice. <br />Section 5. Submission of an Application for an Allocation of Bonding Authority. Under Section <br />146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. <br />The City Council hereby authorizes the submission of an application for allocation of bonding authority <br />pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the <br />Allocation Act. The Mayor of the City or the City Administrator and Bond Counsel are hereby <br />authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit <br />an application for an allocation of bonding authority to Minnesota Management & Budget. <br />Section 6. PreliminarApproval. The City Council hereby provides preliminary approval to the <br />issuance of the Bonds in the approximate aggregate principal amount of up to $11,000,000 to finance all <br />or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review <br />of the Housing Program by the Metropolitan Council; (ii) a public hearing as required by the Act and <br />Section 147(f) of the Code; (iii) receipt of an allocation of the bonding authority from the State of <br />Minnesota; (iv) final approval by the City Council following the preparation of bond documents; and <br />(v) final determination by the City Council that the financing of the Project and the issuance of the Bonds <br />are in the best interests of the City. <br />Section 7. Reimbursement of Costs under the Code. <br />7.01. The United States Department of the Treasury has promulgated regulations governing the <br />use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or <br />the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations <br />(Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of <br />official intent to reimburse an original expenditure not later than 60 days after payment of the original <br />expenditure. The Regulations also generally require that the bonds be issued and the reimbursement <br />allocation made from the proceeds of the bonds occur within 18 months after the later of. (i) the date the <br />expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more <br />than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of <br />capital expenditures and costs of issuance of the bonds. <br />SA130-281-810722.v2 <br />