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RES 13-35 Extract of Minutes of Meeting of the City Council of the City of Elk River, Sherburne County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the Council of the City of Elk River, Minnesota, was duly held in the City Hall in the City of Elk River, on Monday,June 17, 2013, commencing at 6:30 p.m. The following members were present: Mayor Dietz, Councilmembers Wilson, Durandt, Westgaard, and Motin and the following were absent: None Member Wilson introduced the following resolution and moved its adoption: RESOLUTION NO. 13-. 35 RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING ELECTRIC REVENUE BONDS, SERIES 2004A OF THE CITY BE IT RESOLVED By the City Council of the City of Elk River, Sherburne County, Minnesota (the"City"),as follows: 1. The City has issued its Electric Revenue Bonds, Series 2004A, dated August 1, 2004 (the`Bonds"), in the original aggregate principal amount of $940,000. The Bonds maturing on February 1 in the years 2014 and 2015, in the aggregate principal amount of$225,000 (the "Callable Bonds"),are subject to redemption and prepayment on any date at a price of par plus accrued interest. 2. The Elk River Municipal Utilities Commission has requested, and it is determined that it is in the sound financial management of the City, that the Callable Bonds be prepaid and redeemed on August 1, 2013, or such later date for which proper notice of call may be given, and such bonds are hereby called for redemption on such date. 3. The City Finance Director is authorized and directed to request that U.S. Bank National Association, the paying agent and bond registrar (the "Registrar"), mail the Notice of Call for Redemption in substantially the form attached hereto as Exhibit A to the registered owners of each Bond to be redeemed at the addresses shown on the registration books kept by the Registrar. 423469v2 JS13 ELI 85-18 The motion for the adoption of the foregoing resolution was duly seconded by Member Motors ,and upon vote being taken thereon, the following voted in favor thereof: Mayor Dietz, Councilmembers Wilson, Durandt, Westgaard, and Motin and the following voted against: None whereupon said resolution was declared duly passed and adopted. A " k 11 J. Dietz,Mayo° v' r ATTEST: Tina Allard, City Clerk 423469v2 JSB EL185-18 2 EXHIBIT A NOTICE OF CALL FOR REDEMPTION ELECTRIC REVENUE BONDS, SERIES 2004A CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Elk River, Sherburne County, Minnesota, there have been called for redemption and prepayment on August 1, 2013 all outstanding bonds of the City designated as Electric Revenue Bonds, Series 2004A, dated August 1, 2005, having stated maturity dates of February 1 in the years 2014 and 2015, totaling $225,000 in principal amount: Year of Maturity Amount CUSIP 2014 $110,000 287423 AJ6 2015 115,000 287423 AK3 The bonds are being called at a price of par plus accrued interest to July 1, 2013, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in St. Paul, Minnesota, on or before July 1,2013. If by mail: If by hand: U.S. Bank National Association U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue 60 Livingston Avenue 3`d Floor—Bond Drop Window EP-MN-WS3C St. Paul,MN 55107 St. Paul,MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, 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 may be obtained at a bank or other financial institution. Dated: June 17,2013. BY ORDER OF THE CITY COUNCIL 423469v2 JS13 ELI 85-18 A-1