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Section 1. Preliminary Findings. Based on representations made by the Borrower to the City to <br />date, the Council hereby makes the following preliminary findings, determinations, and declarations: <br />(a) The Project consists of the acquisition, rehabilitation, and equipping of a multifamily rental <br />housing development designed and intended to be used for rental occupancy. <br />(b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will <br />be applied to: (i) the acquisition, rehabilitation, and equipping of the Project; (ii) the funding of one or <br />more reserve funds to secure the timely payment of the Bonds, if necessary; and (iii) the payment of the <br />costs of issuing the Bonds, if necessary. The City will enter into a loan agreement (or other revenue <br />agreement) with the Borrower requiring loan repayments from the Borrower in amounts sufficient to repay <br />the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project, <br />including taxes thereon. <br />(c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, <br />rehabilitation, and equipping of the Project and related costs, the City's purpose is to further the policies of <br />the Act. <br />(d) The Bonds will be special, limited revenue obligations of the City payable solely from the <br />revenues pledged to the payment thereof by the Borrower, and will not be a general or moral obligation of <br />the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers <br />of the City. <br />Section 2. Public Hearing. The City will conduct a public hearing on a date to be determined by <br />the City Administrator in order to meet publication requirements in accordance with applicable law, on the <br />Housing Program, the Project, and the issuance of revenue Bonds by the City, notice of which hearing in <br />substantially the form attached as Exhibit A (the "Public Notice") will be published as required by <br />Minnesota Statutes, Section 462C.04, subdivision 2, of the Act, and Section 147(f) of the Code. City staff <br />is hereby authorized to cause the publication of the Public Notice in accordance with applicable law. The <br />Public Notice will provide a general, functional description of the Project, as well as the maximum <br />aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the <br />initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice is <br />authorized to be published in a newspaper circulating generally in the City on a date at least 10 days before <br />the meeting of the City Council at which the public hearing will take place. At the public hearing reasonable <br />opportunity will be provided for interested individuals to express their views, both orally and in writing, on <br />the Project and the proposed issuance of such revenue obligations. <br />Section 3. Housing Program. Bond counsel, as described below, shall prepare and submit to the <br />City a draft Housing Program to authorize the issuance by the City of up to $7,000,000 in revenue Bonds <br />to finance the acquisition, rehabilitation, and equipping of the Project by the Borrower. City staff is hereby <br />authorized to review, approve and submit the Housing Program to the Metropolitan Council for its review <br />on or before the date of publication of the Public Notice. <br />Section 4. Preliminary Approval. The City Council hereby provides preliminary approval to the <br />issuance of the Bonds in the approximate aggregate principal amount of $7,000,000 to finance all or a <br />portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review of the <br />Housing Program by the Metropolitan Council; (ii) receipt of an allocation of the bonding authority from <br />the State of Minnesota; (iii) a public hearing as required by the Act and Section 147(f) of the Code; (iv) final <br />approval following the preparation of bond documents; and (v) final determination by the City Council that <br />the financing of the Project and the issuance of the Bonds are in the best interests of the City. <br />4939-0502-6935.2 2 <br />