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04-059 RES . . . RESOLUTION 04-59 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA HELD: August 2,2004 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Elk River, Minnesota, was duly called and held at the City Hall in the City of Elk River, Minnesota on August 2, 2004, at 6:30 p.m. The following members were present: Mayor Klinzing, Counci/members Motin, Tveite, and Dietz and the following were absent: Counci/member Kuester Member Tveite introduced the following resolution and moved its adoption: RESOLUTION CONCURRING IN THE ACTION OF THE BOARD OF COMMISSIONERS OF THE PUBLIC UTILITIES COMMISSION OF THE CITY OF ELK RIVER, MINNESOTA, IN PROVIDING FOR THE ISSUANCE AND SALE OF $940,000 ELECTRIC REVENUE BONDS, SERIES 2004A WHEREAS: A. the Public Utilities Commission of the City of Elk River, Minnesota (the "Commission") has determined to undertake capital improvements to the municipal electric light and power plant and distribution system of the City (the "Electric System") consisting of improvements and extensions to the Electric System (the "Project"); and will finance the Project by the issuance of the City's $940,000 Electric Revenue Bonds, Series 2004A (the "Series 2004A Bonds"); and B. the Commission has presented to the City Council a copy of a resolution (the "Bond Resolution") entitled "Resolution Providing for the Issuance and Sale of $940,000 Electric Revenue Bonds, Series 2004A and Pledging Net Revenues for the Security Thereof," to be considered for adoption by the Commission after the date hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota as follows: (1) The authority to accept the most favorable proposal for the purchase of the 2004A Bonds, the interest rates and the amount of the purchaser's discount is hereby delegated to the commission; provided the true interest cost on the 2004A Bonds shall not exceed 5.25%. 04-59 . . . (2) The City Council hereby concurs in the Bond Resolution of the Commission providing for the issuance and sale ofthe Series 2004A Bonds, hereby joins in and adopts the Bond Resolution and makes the determinations and findings set forth in the Bond Resolution with the same force and effect as if the Bond Resolution had been adopted by the City Council. The motion for the adoption of the foregoing resolution was seconded by member Motin and upon a vote being taken thereon, the following voted in favor thereof: Mayor Klinzing, Councilmembers Motin, Tveite, and Dietz and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 04-59 . . . STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $940,000 Electric Revenue Bonds, Series 2004A. WITNESS my hand on August 2, 2004. Clerk ( '- ~ 04-59