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HomeMy WebLinkAboutResolution No. 449-06 EXTRACT OF MINUTES OF A MEETING OF THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the Common Council of the City of Rochester, Minnesota, was duly held in the Council/Board Chambers in the Government Center on Monday, August 21, 2006, commencing at 7:00 P.M., C.T. The following Councilmembers were present: Amy Bl enker, Pat Carr Marcia Marcoux, Sandra Means, Bob Nowicki , Bruce Snyder and President Dennis Hanson and the following were absent: NONE During said meeting introduced the following Resolution, the written presentation and reading of which were waived by unanimous consent of the Council, and moved its adoption: RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH FACILITIES REVENUE OBLIGATIONS UNDER MINNESOTA STATUTES, CHAPTER 469 FOR A PROJECT LOCATED IN THE CITY OF ROCHESTER,MINNESOTA • BY CENTRAL MINNESOTA SENIOR HOUSING, LLC WHEREAS, Central Minnesota Senior Housing, LLC, a Minnesota limited liability company (the 'Borrower"), which has represented that its sole member is Wedum Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, has proposed that the City of Buffalo, Minnesota refund its $14,847,000 Health Care Revenue Note, Series 2003A and $4,800,000 Subordinate Health Care Revenue Note, Series 2003C (Central Minnesota Housing LLC Project) (the "Prior Bonds"), which financed the acquisition of certain assisted living facilities (the "Project") including a 147 unit assisted living facility known as Sunrise Cottages of Rochester (the 'Rochester Portion") located at 4220 55th Street NW in the City of Rochester, Minnesota(the "City"); and WHEREAS, the City has been advised that a public hearing and Council approval of refinancing with the obligations to be issued by the City of Buffalo, Minnesota are required under Section 147(f) of the Internal Revenue Code because the Rochester Portion of the Project financed by the Prior Bonds is located in the City; and WHEREAS, the City conducted the public hearing on this same date at which hearing all persons who appeared were given an opportunity to express their views with respect to the Project: NOW, THEREFORE, BE IT RESOLVED by the Common Council (the "Council') of • the City of Rochester,Minnesota(the "City"), as follows: 19284S9vl 1. Project. The Borrower has advised the City that the Project; including the • Rochester Portion, will be refinanced by refunding of the Prior Bonds (the "Refunding") with refunding bonds to be issued by the City of Buffalo which will have a later maturity than the maturity of the Prior Bonds. 2. Host Approval. The City hereby gives host approval to the Refunding for purposes of Section 147(f) of the Internal Revenue Code and to the issuance of the obligations for the Rochester Portion of the Project by the City of Buffalo, Minnesota. 3. Limited Liability. In no event shall the obligations ever be payable from or charged upon any funds of the City; the City is not subject to any liability thereon; no owners of the obligations shall ever have the right to compel the exercise of the taxing power of the City to pay any of the obligations or the interest thereon, nor to enforce payment thereof against any property of the City; the obligations shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the obligations do not constitute a general or moral obligation or an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. • 2 1928459vl i • PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 21ST DAY OF AUGUST, 2006. RESIDENT OF SAID COMMON COUNCIL ATTEST: CIYY�CLtkk Approved this ;11 day of August, 2006. (Seal of the City of Rochester, Minnesota) MAYOR OF SAID CITY Councilmember Marcia Marcoux moved the adoption of the foregoing resolution, which motion was duly seconded by Councilmember Amy B1 enker , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: President Dennis Hanson, Councilmembers Blenker, Carr, Marcoux,Mean, Nowicki , and Snyder and the following Councilmembers voted against the same: .NONE whereupon said resolution was declared duly passed on adopted. 3 1928459vl