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Resolution 5317 - Reaffirms Preliminary Approval - Multifamily Housing Revenue BondsRESOLi.UTION NO.5317 RESOLUTION REAFFIRMING THE PRELIMINARY APPROVAL OF THE ISSUANCE OF REVENUE BONDS FOR THE FINANCING OF THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT LOCATED IN THE CITY OF KALISPELL AFTER HOLDING A PUBLIC HEARING WITH RESPECT THERETO BE IT RESOLVED by the City Council (the "City Council") of the City of Kalispell, Flathead County, Montana (the "City") as follows: Section 1. Recitals. 1.01. Montana Code Annotated, Title 90 Chapter 5 Part 1, as amended (the "Act"), authorizes the City to issue revenue bonds for the purpose of defraying the cost of acquiring or improving any land, building, other improvement, and real or personal property considered necessary in connection with an improvement that is suitable for: (i) commercial, manufacturing, agricultural, or industrial enterprises; (ii) recreation or tourist facilities; (iii) local, state, and federal governmental facilities; (iv) multifamily housing; (v) hospitals; (vi) long --term care facilities; (vii) community -based facilities for individuals who are persons with developmental disabilities as defined in Montana Code Annotated Title 53 Chapter 20 Part 102, as amended; (viii) medical facilities; (ix) higher education facilities; (x) electric energy generation facilities; (xi) family service provider facilities; (xii) the production of energy using an alternative renewable energy source as defined in Montana Code Annotated, Title 90 Chapter 4 Part 102, as amended; and (xiii) any combination of these projects.. As a condition to the issuance of such revenue bonds, the City must hold a public hearing in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1956, as amended (the "Code"), and the requirements of the Act. The City Council of the City must also authorize the submission of an application to the Montana Department of Administration for an allocation of bonding authority with respect to the Project (as hereafter defined) and such revenue bonds. 1.02. The City has been requested to issue its revenue bonds in the approximate aggregate principal amount not to exceed $5,000,000, in one or more series at one time or from time to time (the "Bonds"), the proceeds of which will be loaned by the City to Glacier State Associates, LP, a Montana limited partnership (the "Borrower"). Morena Glacier, LLC and the United way, Inc. will be general partners in the Borrower. 1.03. Under Section 147(f) of the Code and the Act, prior to the issuance of the Bonds, the City must hold a public hearing. Section 2. Public Hearin. Kennedy & Graven, Chartered, P.C., as bond counsel to the City, with cooperation from City staff and staff of the Borrower, prepared a Notice of Public Hearing (the "Hearing Notice") with respect to the Project and the issuance of the Bonds by the City. As required by the Act, the Hearing Notice was published in the Daily Inter Lake once a week for three consecutive weeks in preparation for a public hearing. The public hearing was held by the City Council prior to consideration of this resolution on Monday, October 6, 2008. All persons who appeared at the public hearing were given an opportunity to express their views with respect to the Project and the issuance of the Bonds. Section 3. Preliminary Approval. The City hereby confirms the preliminary approval to the issuance of the Bonds on September 2, 2008, subject to final approval following the preparation of bond documents, and subject to final determination by this City Council that the financing of the Project and the issuance of the Bonds are in the best interest of the City. Section 4. Submission of Allocation Application. Under the Code, the City must receive an allocation of the bonding authority of the State of Montana for the Bonds. An application for such an allocation must be made by the City to the Department of Administration of the State of Montana. The City Council hereby confirms the submission of an application for allocation of bonding authority pursuant to the Code. The Mayor of the City, the City Manager, and Kennedy & Graven, Chartered, P.C., acting as bond counsel to the City with respect to the Project and the Bonds, shall tale all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to the Department of Administration of the State of Montana. Section 5. Effective Date. This Resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF OCTOBER, 2oos. ATTEST: Theresa White City Clerk A ..... .. ... dime -la B. Kennedy Mayor 2