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03-087 RES EXTRACT OF MINUTES OF MEETING CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Elk River, Minnesota, was duly called and held at City Hall in Elk River, Minnesota, on Monday, December 22, 2003. The following members were present: Mayor Klinzing, Councilmembers Kuester, Motin, Dietz, and Tveite and the following members were absent: None Member Tveite introduced the following resolution and moved its adoption: Resolution No. 03- 87 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING: GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 1994B, DATED JUNE 1, 1994 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1994D, DATED JULY 1, 1994 WHEREAS, the City Council of the City of Elk River, Minnesota, issued on behalf of the City of Elk River, Minnesota $1,280,000 General Obligation Sewer Revenue Bonds, Series 1994B, dated June 1, 1994 (the "1994B Bonds"), of which $660,000 still remains outstanding; and WHEREAS, the City Council of the City of Elk River, Minnesota, issued on behalf of the City of Elk River, Minnesota $255,000 General Obligation Tax Increment Bonds, Series 1994D, dated July 1, 1994 (the "1994D Bonds"), of which $105,000 still remains outstanding; and WHEREAS, all of the1994B Bonds maturing in the years 2005 through 2009, inclusive, are subject to redemption and prepayment at the option of the City on February 1, 2004, and on any date thereafter at a price of par, plus accrued interest to the date of redemption, all as provided in the resolution adopted by the City Council of the City of Elk River, Minnesota on May 23, 1994, authorizing the issuance of the1994B Bonds (the "May 1994 Resolution"); and WHEREAS, all of the1994D Bonds maturing in the years 2005 through 2007, inclusive, are subject to redemption and prepayment at the option of the City on February 1,2004 and on any date thereafter at a price of par plus accrued interest to the date of redemption, all as provided in the resolution adopted by the City Council of the City of Elk River, Minnesota on June 27, 1994, authorizing the issuance of the 1994D Bonds (the" June 1994 Resolution"); and WHEREAS, the City Council of the City of Elk River, Minnesota deems it desirable and in the best interests of the City of Elk River to call those bonds maturing in the years 2005 through 2009, inc!usive, totaling $565,000 in principal amount, on February 1,2004, in accordance with the May 1994 Resolution; and WHEREAS, the City Council of the City of Elk River, Minnesota deems it desirable and in the best interests of the City of Elk River to call those bonds maturing in the years 2005 through 2007, inclusive, totaling $80,000 in principal amount, on February 1,2004, in accordance with the June 1994 Resolution; and follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as (1) All of the 1994B Bonds maturing in the years 2005 through 2009, inclusive, totaling $565,000 in principal amount shall be redeemed and prepaid on February 1,2004, at par, plus accrued interest. All of the 1994D Bonds maturing in the years 2005 through 2007, inclusive, totaling $80,000 in principal amount shall be redeemed and prepaid on February 1,2004, at par, plus accrued interest (2) The City Clerk of the City of Elk River, Minnesota is hereby authorized and directed to give mailed notice of call, prior to February 1, 2004, for the 1994B Bonds, to the Bond Registrar/Paying Agent, U.S. Bank National Association (formerly First Trust National Association), in St. Paul, Minnesota, and to all holders of the Bonds. Said notice shall be substantially in the form shown as Exhibit A. The City Clerk of the City of Elk River, Minnesota is hereby authorized and directed to give mailed notice of call, prior to February 1, 2004, for the 1994D Bonds, to the Bond Registrar/Paying Agent, U.S. Bank National Association (formerly First Trust National Association), in St. Paul, Minnesota, and to all holders of the Bonds. Said notice shall be substantially in the form shown as Exhibit B. (3) The City Clerk of the City of Elk River is hereby authorized and directed to deposit with the Bond Registrar/Paying Agent of the 1994B Bonds, U.S. Bank National Association (formerly First Trust National Association), prior to the call date of February 1,2004, sufficient funds to pay all principal and interest due on the Bonds as of the call date. The City Clerk of the City of Elk River is hereby authorized and directed to deposit with the Bond Registrar/Paying Agent of the 1994D Bonds, U.S. Bank National Association (formerly First Trust National Association), prior to the call date of February 1,2004, sufficient funds to pay all principal and interest due on the Bonds as of the call date. The motion for the adoption of the foregoing resolution was duly seconded by Member Motin and upon a vote being taken thereon, the following voted in favor thereof: Mayor Klinzing, Councilmembers Motin, and Dietz and the following voted against the same: None Kuester, Tveite, whereupon said resolution was declared duly passed and adopted. CityClerk STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and City Clerk of the City of Elk River, Minnesota (the "City"), hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, December 22, 2003, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the redemption of certain General Obligation Sewer Revenue Bonds, Series 1994B and General Obligation Tax Increment Bonds, Series 1994D, of the City. WITNESS My hand as City Clerk and the official seal of the City this 22nd day of December, 2003. City Clerk City ~of Elk River, Minnesota (SEAL) EXHIBIT A NOTICE OF REDEMPTION General Obligation Sewer Revenue Bonds, Series 1994B Dated June 1, 1994 City of Elk River, Minnesota NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Elk River, Minnesota, there have been called for redemption and prepayment on February 1,2004 the followin9 outstanding bonds of the City designated as General Obligation Sewer Revenue Bonds, Series 1994B, dated June 1, 1994: Maturity Date Principal Amount Interest Rate CUSIP Number* February 1,2005 $100,000 5.40% 287407 SH4 February 1, 2006 105,000 5.50% 287407 S J0 February 1,2007 115,000 5.60% 287407 SK7 February 1,2008 120,000 5.70% 287407 SL5 February 1, 2009 125,000 5.80% 287407 SM3 The bonds are being called at a price of 100% of their principal amount plus accrued interest to February 1, 2004, on which date they will cease to bear interest. Holders of such bonds hereby called for redemption should present their Bonds for payment to U.S. Bank National Association (formerly First Trust National Association) at the address below, on or before February 1, 2004. If by Mail If by Hand or Overniqht Mail U.S. Bank National Association Corporate Trust Department P.O. Box 64111 St. Paul, MN 55164-0111 U.S. Bank National Association U.S. Bank Trust Center Bond Drop Window, 1st Floor 60 Livingston Avenue St. Paul, Minnesota, MN 55107 It is recommended that you mail your bonds registered or certified mail to guard against loss. BY ORDER OF THE CITY COUNCIL CITY OF ELK RIVER, MINNESOTA Isl Dated: December 22, 2003 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which November be obtained at a bank or other financial institution. *Neither the City nor the Bond Registrar/Paying Agent shall be responsible for the selection of or use of the CUSIP number, and no representation is made as to its correctness indicated in the Notice of Redemption. CUSIP numbers are included solely for the convenience of the Holders. EXHIBIT B NOTICE OF REDEMPTION General Obligation Tax Increment Bonds, Series 1994D Dated July 1, 1994 City of Elk River, Minnesota NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Elk River, Minnesota, there have been called for redemption and prepayment on February 1,2004 the following outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1994D, dated July 1, 1994: Maturity Date Principal Amount Interest Rate CUSIP Number* February 1, 2005 $25,000 5.65% 287407 TNO February 1,2006 25,000 5.75% 287407 TP5 February 1, 2007 30,000 5.85% 287407 TQ3 The bonds are being called at a price of 100% of their principal amount plus accrued interest to February 1, 2004, on which date they will cease to bear interest. Holders of such bonds hereby called for redemption should present their Bonds for payment to U.S. Bank National Association (formerly First Trust National Association) at the address below, on or before February 1,2004. If by Mail If by Hand or Overniqht Mail U.S. Bank National Association Corporate Trust Department P.O. Box 64111 St. Paul, MN 55164-0111 U.S. Bank National Association U.S. Bank Trust Center Bond Drop Window, 1st Floor 60 Livingston Avenue St. Paul, Minnesota, MN 55107 It is recommended that you mail your bonds registered or certified mail to guard against loss. BY ORDER OF THE CITY COUNCIL CITY OF ELK RIVER, MINNESOTA Isl Dated: December 22, 2003 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which November be obtained at a bank or other financial institution. *Neither the City nor the Bond Registrar/Paying Agent shall be responsible for the selection of or use of the CUSIP number, and no representation is made as to its correctness indicated in the Notice of Redemption. CUSIP numbers are included solely for the convenience of the Holders.