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Resolution 3760 - Preliminary Approval - Immanuel Lutheran Home-I KESOLU-1' I O� I NO . 3 7 E G RESOLUTION GIVIr1G PRELIT-iINARY AP I PPOVAL TO A PROPOSED PROJECT FOP 11-:!-�ANUEL L�JJIHEPAN HONE AZND GIVINIG PRE�LITTINAPY APP7OVAL TO ThE ISSUANCE OF FIRST I."OPTGAGE- HOUSING REVEN'UE Bb,NDS THEREFOR UNDER TITLE 90, CHAPTEE1,1 5, PAPT :!I, MONTANA CODE ANNOTATED BE IT RESO:,VED by the City Counc 11 of Kali -spell, Montana (the City), as foliows: Section 1. Recitals. 1.01. The City is authorized by!Title 90, Chanter 5, Part 1, Montana Code Annotated:(the Act), to issue and sell its revenue bonds to provide funds to he loaned to persons for the purpose of finanicing costs of acquiring, constructing, equipping and imp�roving real and personal properties suitable for use for 'Multifamily housing projects. Such bonds are to be s I cured by such security devices as may be deemed advanta�eous by the City 1.02. A Proposal has been preseLted to this Councl,l on behalf of Immanuel Lutheran Home, a Montana non-profit corporation organized and exis�ing under the laws of the State of Montana (the Borrowet'), that the City, acting pursuant to and in accordancL� with the Act, authorize the issuance of revenue bonds (t!he Bonds) of the City.in the maximum aggregate principal a�lnount of $8,000,000, the proceeds of which will belloaned to the 'Borrower for th6 purpose of: (i)-p-aying Costs of acquiring, construtting and equipping a P�oject (the Project) consisting of acres of land, a 100 unit retirement housing complex with congregato dining and incidental facilities and furnishings andiequipment therefor, (ii) establishing appropriate rplserves for the Bonds and (iii) paying costs and expenseslincidental to the financing. The Project financed withithe Bonds will be located at Buffalo Hill behind 'the ImmLnuel Lutheran Nursing Home in the City of Kalispell. The Project will be owned by the Borrower. 1,03. Under the provisions of the Act, the Bonds shal-1 be limited obligations of the City �ayable solely from the revenues of the Project, includi�g loan repayments from the Borrower, and shall n6,t constitute nor give rise to a pecuniary liability of theiCity �r a charge against it--s ceneral credit or taxing power's. 1.04. Pursuant to Resol u tion Nol . 3732 notice of a public hearing On the Project and the i I ssuance of the Bonds. has, as directed by the City Council, been given in Compliance witil the Act, and a public hearing has been held on the Proposed Project and the propib .sed issuance of i the Bonds at the time and place specifiedlin said notice and aLl objections or oth-er comments relaiting to the Project' or the issuance of the Bonds haveilbeen heard. Section 2. Findings. It is hereby found, determined and declared that: (a) The City has considered the Projict and has concluded the the benefits to beiderived therefrom by the City and its inna0itants will be substantial. I I (b) The Project comprises real and pqrsonal property which shall be suitable for use in connection with a 100 unit rault-ifamily housing facility as contemplated hy the Act. (c) It is in the public interest thai the City Proceed with the issuance of the'Bonds pursuant to the Act in an amount not to ey��_ceed an aggregate principal amount of $8'000,000 to defray the cost of financing the'; !acquisition and Cruction and equippinq of: the Prn�prF. the const Section 3. Prelimin.'�)ry Approyni. The City hereby g4ves preliminary approval to L the P.-oiect an, -'I to the issuance and sale of the Bonds pursuant to the Act, in _�..n aggregate principal amount. not to exceed $8,000,000, and authori--n-s the appropriate officers of the Cit-y to participate in'the-preparation of such documents as may be necessary or desirable to ac.complish such transactions. The Bonds shall be limited ohligations of the City payable solely from and secured by the payments to he made by the Borrower under the Loan Agreement and proceeds and revenues of the Project, and will not constitute or give rise to a pecuniary liability of the City o� a charge against its general credit or tai:ing powers. Section 4. No Oblig.ation. This Resolution is preliminary only and the issuance of thy Bonds Lzid', consurr.miation of the transactio-n Antc-,raplatcd here�� shall be s�ihject to the adoption of a definitive resolution by the City as required by the Act. The City shall be under no obligation to issue the Bonds until the adoption of such resolution by the City. Section 5. �_Clstq. The -Borrower has agreed and it is hereby determined that -any and all direct and indirect costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Project is carried to Completion and whether or not the City by resolution authorizes the issuance of the Bonds, will be paid by the Borrower upon request. N� PASSED AND APPROVED KALISPELL, NONTANA this 19th ATTEST: City Clerk BY THE CITY COUNCIL OF day of August, 1937. 2a May r I I, the undersigned,% City Cleec of the City of Xali3pells certify that foregoing is a true COPY Of the Resolution passed by the city Co-oneil of City of INalispell, Montana at a regular meeting held the the city Clerk Olt' the City of Nalispeil -3-