1985-3223
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CITY OF HOPKINS
Hennepin County, Minnesota
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RESOLUTION NO. 85- 1?21
RESOLUTION RELATING TO THE ISSUANCE OF REVENUE
BONDS PURSUANT TO CHAPTER 462C, MINNESOTA
STATUTES, FOR THE PURPOSE OF FINANCING A
MULTIFAMILY HOUSING DEVELOPMENT; GIVING
PRELIMINARY APPROVAL TO THE DEVELOPMENT AND
CALLING FOR A PUBLIC HEARING ON A PROGP~ FOR
THE ISSUANCE OF SUCH REVENUE BONDS
BE IT RESOLVED by the City Council of the City of Hopkins,
Minnesota (the "City"), as follows:
Section 1. Recitals.
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1.01. By the provisions of Minnesota Statutes, Chapte~.
452C, as amended {the "Act"), the City is authorized to plan,
administer and make or purchase loans to finance one or more
multifamily housing development3 within its boundaries, including
a development consisting of a multifamily housing development
designed and intended to be used foe rental occupancy primarily by
elderly persons.
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1.02. Hopkins Block Partners, a Minnesota pactnership
(the "Company"), has indicated to the City its desire to acquire,
construct and equip on certain land located between 5th and 6th
Street immediately west of 7th Avenue in the City of Hopkins a
development consisting generally of five three-story, wood frame,
brick faced buildings containing ~n a9proximate total of 225
apartment units, 225 basement garage parking spaces and 206 grade
level parking spaces, and related facilities (the "Project"). The
Corn;any estimates the capital costs of the Project tc be
approximately $13,500,000. The C~n?any has proposed that the City
issue its revenue bonds in one or moce series (the "Bonds")
p~rsuant to the authority of the Act, in such amount as may be
nesessary to finance all or a portion of the costs of the Project
and make the proceeds of the Bonds available to the Company foe
t~e acquisition, construction and e~uiprnent of the Project,
s~bject to an agreement by the Comp~~! to pay promptly the
p~incipal of and interest on the Bo~d3.
1.03. The City, on April 19, 1983, adopted a housing plan
entitled t1462C Housing Plan, Hopkins, Minnesota" and such plan has
been amended by the City most rec9ntly on , 198 , (the
"Housing Planll), which Housing Plan. s~?-cif:cally evaluates the
housing problems, pOlicies, programs and strategies of the City.
1.04. The Act provides that, pcior to issuing revenue
bonds or obligations to finance a development consisting of a
multifamily housing development, the City's Housing Plan must
describe the program for which the revenue bonds ace proposed.
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1.09. This Council has been advised by representatives of
Dougherty, Dawkins, Strand & Yost Incorporated, of Minneapolis,
Minnesota (the Underwriter), that on the basis of information
available the Company and potential purchasers of tax-exempt
bonds, the Bonds could be sold at favorable rates and terms to
finance the Project.
1.10. The full faith and credit of the City will not be
pledged to or responsible for the payment of the principal of and
interest on the Bonds.
1.11. The applicant has agreed to pay directly or through
the City any and all costs incurred by the City in connection with
the project ~hether or not the project is approved by the
Minnesota Housing Finance Agency; whether or not the Project is
carried to completion; and whethe~ or not the Bonds or operative
instruments are executed.
Section 2. Aporovals; Authorization and Hearing.
2.01. This City Council hereby sets a public hearing on
the Program for 7:30 p.m. on November 19, 1985. The City Clerk is
hereby authorized and directed to publish the notice of public
hearing attached hereto as Exhibit B in a newspaper or general
circulation in the City and this Cou~cil hereby declares that it
intends to take action with respect to the Program immediately
following such hearing. The Mayor, City Clerk and City Attorney
are authorized to submit the Program, if adopted by this council
after the public hearing, to the Minnesota Housing Finance Agency
for review and approval in accQrdance with Subdivision 5 of
Section 462C.OS and Subdivision 2 of Section 462c.04 of the Act
and such officials are further authorized to prepare and execute
such further required certifica~ions as may be necessary or
appropriate in connection therewith. The Mayor, City Clerk, City
Attorney and bond counsel are hereby directed and authorized to
submit the Program to the Metropolitan Counsel on or before the
day of publication of the notice of public hearing.
2.02. It is hereby found and determined that it would be
in the best interests of the City to issue the Bonds under the
provisions of the Act to finance the costs of the project in an
amount currently estimated to be $13,500,000.
o 2.03. The Project is hereby given preliminary approval by
the City and the issuance of the Bonds for such purpose approved,
subject to conditions on such approval as may be required as a
result of the public hearing called pursuant to Section 2.01
hereof. The Bonds shall not be issued until the the Progr&~ has
been reviewed and approved as provided by the Act and until the
City, the Company and the Undeewriter have agreed upon the details
of the Bonds and the provisions for their payment. The principal
of, premium, if any, and interest on the Bonds, when, as and if
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issued shall be payable solely from the revenues of the Project
and/or the property pledged to the payment thereof and shall not
constitute a debt of the City. The City Attorney and other
officers of the City are authorized in cooperation with Lindquist
& Vennum, as bond counsel, to initiate preparation of such
documents as may be appropriate to the financing of the Project
setting forth the detailed terms of the Bonds, the security
therefor and provisions for pa~ment of the principal, premium, if
any, and interest thereon in compliance with state and federal
statutes and regulations and the City's Charter.
2.04. The adoption of this Resolution does not constitute
a gua~antee or a fi~m commitment that the City will issue the
Bonds as requested by the applicant. Th8 City retains the right
in its sole discretion to withdraw from pa~:icipation and
accordingly not issue the Bonds should the City at any time prior
to the issuance thereof deteuuine that it is in the best interest
of the City not to issue the Bonds or should the parties to the
t~ansaction be unable to reach agree~ent as to the terms and
conditions of any of the documents req~ired for the trans~ction.
2.05. Pursuant to Subdivision 1 of Section 462C.07 of the
Act, in the making of the loan to finance acquisition,
construction and equipment of the project and in the issuance of
the Bonds or other obligations of the City, the City may exercise,
within its corporate limits, any of the powers the Minnesota
Housing Finance Agency may ,exercise under Chapter 462A, Minnesota
Statutes, without limitation under the provisions of Chapter 475,
Minnesota Statutes.
Passed and adopted by the City Council of the City of
Hopkins this of , 1985.
Signed
Ha yo r
At:.est
City Clerk
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