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RES 11-43CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2011-43 RESOLUTION STATING OTSEGO CITY COUNCIL POSITION ON PROPOSED CHANGES TO LEGAL STATUS OF THE NEW RIVER MEDICAL CENTER WHEREAS, the City of Otsego (Otsego) has previously petitioned for detachment from the New River Medical Center Hospital District (Hospital District); and WHEREAS, said petition was denied by the Hospital District Board of Directors (Hospital Board) and subsequently by the Minnesota Court of Appeals; and WHEREAS; the Otsego City Council still strongly believes that the City taxpayers should not be burdened by the levy imposed by the Hospital District; and WHEREAS, subsequent to Otsego's petition the Hospital Board has pledged to gradually reduce the levy; and WHEREAS, the Hospital Board has initiated studies to determine whether or not the Hospital District should proceed in its present legal form or make modifications to or change that form; and WHEREAS, the Hospital Board has been provided with a variety of options regarding these issues; and WHEREAS, Otsego believes that it should appropriately provide input on behalf of its citizens regarding the proposed options. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. That the Hospital Board take all appropriate actions to dissolve the District at the termination of the current bonds in 2016. 2. That no new bonds be issued by the Hospital District containing a pledge of levy funds. 3. That any lease or other agreement between the Hospital District and another organization include provisions that would preclude the issuance of further bonds by the Hospital District for the benefit of the organization or the Hospital District. 4. That any lease or other agreement between the District and another organization require an eventual buyout including repayment of any amount levied between the date of the lease or agreement and date of termination or buyout to be disbursed to the member Cities and Townships, assumption of all Hospital District debts and assumption of all Hospital District liabilities. Any levy amounts repaid would go to the Cities and Townships included in the District in proportion to their payment. 5. That any lease or agreement between the Hospital District and another organization include Hospital District members as third party beneficiaries of the lease or agreement with authority to seek injunctive or other remedies in District Court, including an award of costs and disbursements and witness and attorney's fees. ADOPTED BY THE CITY COUNCIL OF THE CITY OF OTSEGO this 22nd day of August, 2011. MOTION BY: CM HEIDNER SECOND BY: CM SCHROEDER IN FAVOR: MAYOR STOCKAMP; COUNCILMEMBERS: HEIDNER, SCHROEDER, SCHARBER AND DARKENWAU OPPOSED: NONE 2 CITY OF OTSEGO I Sit v F -z A., JUX-11 ' 1 \ •4 Tami Loff, CYiy Clerk