Loading...
2022-007 Resolution Consenting to and Approving the Issuance by the City of Columbus of its Revenue Obligations for the Benefit of the Blake School and Taking Other Actions with Respect thereto CITY OF HOPKINS,MINNESOTA RESOLUTION NO.2022-007 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF COLUMBUS OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF THE BLAKE SCHOOL AND TAKING OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Hopkins, Minnesota (the "City") is a home rule city and political subdivision duly organized and existing under its Charter and the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance revenue-producing enterprises located within the City, whether or not operated for profit, or to refund, in whole or in part, bonds previously issued under the authority of the Act; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations; and WHEREAS, The Blake School, a Minnesota nonprofit corporation (the "Borrower"), has proposed that the City of Columbus, Minnesota (the "City of Columbus") issue one or more series of taxable or tax-exempt revenue obligations (the "Notes") in an estimated principal amount not to exceed $35,000,000, under the provisions of the Act and Minnesota Statutes, Section 471.656, as amended, and loan the proceeds thereof to the Borrower to (i) refinance the Educational Facilities Revenue Refunding Note (The Blake School Project), Series 2017 (the "Series 2017 Note"), issued by the City on December 14, 2017, in the original aggregate principal amount of $13,833,000; and (ii) finance the construction of an early learning center (the "Construction Project") to be located at the Borrower's educational facilities located at 110 Blake Road South in the City(the"Hopkins Campus"); and WHEREAS,proceeds of the Series 2017 Note were loaned to the Borrower and used to refinance improvements to the Hopkins Campus and the Borrower's educational facilities located at 301 Peavey Lane,Wayzata,Minnesota(the"Wayzata Campus");and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder require that prior to the issuance of the Bonds,the City Council of the City (the "City Council") consent to the issuance of the Bonds by the City of Columbus after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation within the City at least seven(7)days prior to the public hearing date; and WHEREAS, a notice of public hearing (the "Public Notice") was published at least seven (7) days before the regularly scheduled meeting of the City Council on the date hereof in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f)of the Code; and WHEREAS, on the date hereof, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) consent to the issuance of the Bonds by the City of Columbus pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii)approval of the issuance of the Bonds by the City of Columbus to finance the Construction Project and refinance the prior improvements to the Hopkins Campus(collectively,the"Note-Financed Projects"); and WHEREAS, the Borrower has represented to the City that it will use equity to prepay the portion of the Series 2017 Note used to refinance the improvements to the Wayzata Campus;and WHEREAS, in accordance with Section 469.155, subdivision 12 of the Act, the City Council is required to consent to the issuance of the Notes by the City of Columbus to refinance the Series 2017 Note; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS,MINNESOTA,AS FOLLOWS: 1. In accordance with Section 469.155, subdivision 12 of the Act and Minnesota Statutes, Section 471.656, as amended, the City Council finds that it is in the best interest of the City to approve the issuance of the Notes by the City of Columbus to refinance the Series 2017 Note and to finance and refinance the Note-Financed Projects and hereby consents to the issuance of the Notes by the City of Columbus for such purposes in an amount estimated not to exceed $35,000,000, subject to final approval by the governing body of the City of Columbus, following the preparation of bond documents and a determination by the City of Columbus to issue the Notes. 2. The Mayor and the City Manager are hereby authorized and directed to execute and deliver any documents or certificates deemed necessary to fulfill the intentions of this resolution. 3. The Mayor and City Manager and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the original purchaser of the Bonds certified copies of all proceedings and records of the City relating to the approval of the issuance of the Bonds, including a certification of this resolution. 4. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. 5. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Hopkins, Minnesota this 31"day of January, 2022. ,moi' . i - ---. , ayor ATTEST: (V4/Le/u,eA n Amy Domeier, City Clerk 2