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  • Published Date

    August 27, 2018
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OTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND TH SUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT OF 1955, NORTH DAKOTA CENTURY CODE CHAPTER 40-57 Notice is hereby given pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code), and Sections 40-57-04 and 40-57-04.1 of the Municipal Industrial Development Act of 1955, Chapter 40-57 North Dakota Century Code, as amended (the Act), that the Board of County Commissioners of Cass County, North Dakota (the "County) will meet on the 4th day of September, 2018, at 3:30 p.m. in the County Commission Room, Cass County Courthouse, Fargo, North Dakota, for the purpose of holding a public hearing on a proposal that the County issue revenue bonds, in one or more series (the Bonds"), under the Act and Sections 103 and 145 of the Code, in order to () refund the outstanding principal amount of the County's $45,000,000 original principal amount Health Care Facilities Revenue Bonds, Series 2014 (Essentia Health Obligated Group) (the "Series 2014 Bonds"), and (ii) finance costs of issuance of the Bonds and the refunding of the Series 2014 Bonds The Bonds are expected to be issued in conjunction with obligations to be issued by the Duluth Economic Development Authority (the "Minnesota Bonds) to finance and refinance facilities of Essentia Health, a Minnesota nonprofit corporation (the Borrower) and affiliates of the Borrower located in Minnesota. Notice is hereby given pursuant to the Code that the Board of County Commissioners of the County will also hold a public hearing relating to the refunding of all or a portion of the outstanding principal amount of the County's $63,700,000 original principal amount Health Care Facilities Revenue Bonds, Series 2008D (Essentia Health Obligated Group) (the Series 2008D Bonds) and/or all or a portion of the outstanding principal amount of the Minnesota Agricultural and Economic Development Board's $42,635,000 original principal amount Health Care Facilities Revenue Bonds, Series 2008E (Essentia Health Obligated Group) (the Series 2008E Bonds" and, together with the Series 2008D Bonds, the "Series 2008 Bonds) through the issuance of the Minnesota Bonds The proceeds of the Series 2014 Bonds were used to (i) finance the construction and equipping of a 125,000 square foot expansion to the in-patient hospital facilities located at 3000 32nd Avenue South, Fargo, North Dakota, and related remodeling in order to provide improved and enhanced diagnostic, treatment, registration and dietary services and (i) finance costs of issuance of the Series 2014 Bonds. The proceeds of the Series 2008D Bonds were used to (0) finance or refinance the acquisition of certain assets of Dakota Clinic, Ltd. and Dakota Specialty Institute d/b/a Innovis (such entities together, DCT) in connection with the affiliation of the Borrower with DC/I and (ii) finance costs of issuance of the Series 2008D Bonds. Such acquired assets include the following assets (a) an approximately 201,260 square foot clinic and equipment located therein owned by DC/l and located at 1702 South University Drive Fargo, North Dakota (b) an approximately 338,300 square foot hospital building and equipment located therein owned by DC/I and located at 3000 32nd Avenue South Fargo, North Dakota (the "Hospital Building); (c) equipment located at clinics leased to DC/I and located at 3902 13th Avenue South and in the Hospital Building, each in Fargo, North Dakota; (d) an approximately 28,749 square foot clinic and equipment located therein owned by DC/l and located at 401 3rd Street, Jamestown, North Dakota (e) an approximately 9,950 square foot clinic and equipment located therein owned by DC/l and located at 132 4th Avenue NE, Valley City, North Dakota; ( an approximately 41,775 square foot clinic and equipment located therein owned by DC/I and located at 275 South 11th, Wahpeton, North Dakota; and (g) equipment located at a clinic leased to DC/I and located at 5 9th Avenue North, Casselton, North Dakota The maximum aggregate principal amount of the Bonds to be issued is not expected to exceed $45,000,000. The maximum aggregate principal amount of the Series 2008 Bonds expected to be refunded is $106,335,000 The facilities originally financed with proceeds of the Series 2008D Bonds or the Series 2014 Bonds and to be refinanced with proceeds of the Bonds and the Minnesota Bonds are owned and operated by Innovis Healh, LLC (Innovis), the sole member of which is the Borrower The Bonds or other evidence of indebtedness issued by the County to refund the Series 2014 Bonds shall be limited obligations of the County payable solely from the revenue pledge to the payment thereof and may be secured by a mortgage or other encumbrance on the assets refinanced with proceeds of the Bonds. No holder of any such evidence of indebtedness shall ever have the right to compel any exercise of the taxing power of the County to pay such evidence of indebtedness, or the interest thereon, nor to enforce payment against any property of the County. All persons interested may appear and be heard at the time and place set forth above Dated this 28th day of August, 2018, by order of the Board of County Commissioners