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ORD 07-013• ORDINANCE NO. 07-~ CITY OF ELK RIVER AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $ 12,000,000 GENERAL OBLIGATION BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA; PROVIDING FOR THE FORM AND DETAILS THEREOF; AND AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA, TO PLEDGE THE FULL FAITH, CREDIT AND RESOURCES OF THE CITY OF ELK RIVER, MINNESOTA, FOR THE SECURITY AND PAYMENT OF THE BONDS THE CITY OF ELK RIVER, MINNESOTA, DOES ORDAIN: SECTION 1. Recitals. The Economic Development Authority for the City of Elk River (the "EDA") has the powers described in Minnesota Statutes, Section 469.101, including the powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 through 469.047, and the powers of an economic development authority pursuant to Minnesota Statutes, Section 469.090 to 469.108. The EDA proposes to undertake the acquisition and betterment of a recreational facility to be owned by the EDA and leased to The Young Men's Christian Association of Metropolitan Minneapolis (the "Project") in the exercise of its legal powers and in furtherance of its goals and purposes, and requires financing for the Project. The City and the EDA believe that it is desirable and necessary that there be issued general obligation bonds to provide funds to assist the EDA in financing the Project. SECTION 2. Bonding Authorization. Pursuant to and in accordance with the provisions of this Ordinance and the provisions of Minnesota Statutes, Section 469.102 and Chapter 475, the consent of the City Council is hereby given to the EDA to issue and sell the EDA's general obligation bond or bonds to which the full faith, credit and resources of the City may and shall be pledged as payment and security therefor, in one or more series, in fully registered form, and in the aggregate principal amount not to exceed $12,000,000 (the "Bonds"), for the purpose of providing funds to assist in financing the Project, together with such costs of issuance and related costs as may be incidental to the issuance of the Bonds. The EDA shall set the date, denominations, place of payment, form, content, interest rates and details of the Bonds, and the City Council hereby consents to the issuance and details of the Bonds, as so determined by the EDA. The City Council hereby gives specific consent to the pledge of the City's full faith, credit, and resources to the payment and security of the Bonds. SECTION 3. Publication. This Ordinance, as adopted on the date hereof, shall be published in the official newspaper of the City and the EDA. SECTION 4. Effective Date. The effective date of this Ordinance shall be the date of its adoption. r ~_J 2084389x1 C~ THIS ORDINANCE was introduced and adopted by the City Council of the City of Elk River, Minnesota, on the 15~' day of October, 2007, by the following vote: AYES: Mayor Rlinzing, Councilmembers Zerwas, Motin, Gumphrey, and Farber NAYS: None APPROVED: ., , Mayor ATTEST: ,. - ,.- City Clerk • AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE ) ORDINANCE NO.07-13 CITY OF ELK RIVER AN ORDINANCE AIJTHORIZ- Bob Cole,being duly sworn On oath says that he is the Interim General Manager of the ING THE ISSUANCE OF NOT Newspaper known as the Star News,and has full knowledge Of the facts which are stated TO EXCEED'$12,000 000 GEN. below: ERAL OBLIGATION BONDS BY THE T DEV OPvENT AUTHORITY FOR (A)The Newspaper hascom lied with all ofthe requirements constitutin g qualifications THE CITY OF ELK RIVER., as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other MINNESOTA;PROVIDING applicable laws, as ammended. FOR THE FORM AND DETAILS THEREOF;AND AUTHORIZING THE ECO- ( ) printed B The r inted ORDINANCE, which is attached was cut from the columns Of said ' NOMIC DEVELOPMENT newspaper and was printed and published once a week for one week;it was first published AUTHORITY FOR THE CI'T'Y on Wednesday,the 24th day of October,2007,and was therefore printed and published on OF ELK RIVER,MINNESOTA, TO PLEDGE THE FULL every Wednesday to and including Wednesday,the 24th day of October,2007,and printed FAITH,CREDIT AND below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby RESOURCES RI VER,MINNESOTA,OF THE CITY OF FELK RI acknowledged as being the size and kind of type used in the composition and publication of FOR THE SECURITY AND __ the notice PAYMENT OF THE BONDS THE CITY OF ELK RIVER,' MINNESOTA,DOES ORDAIN: abedefghijklmnopqrstuvwxyz SECTION 1. Recitals. The Eco- nomic Development Authority for the City of Elk River(the"EDA") has the powers described in Min- -esota Statutes,Section 469.101, eluding the powers of a housing .rid redevelopment authority under Minnesota Statutes, Sec- tions 469.001 through+469.047, and the powers of an economic`' Interim General Manager development authority;pursuant to Minnesota Statutes, Section 469.090 to 469.108. The EDA., proposes to undertake the acquisi- Subscribed and sworn to before me on tion and betterment of a recre- this 24th day of October, 2007 ational facility to be owned by the EDA and leased to The Young Men's Christian Association of s $ Metropolitan Minneapolis (the `i � "r>� CIN[W M.S0HiI I N S K 1 "Project") in the exercise of its Res NOT SHY PUBLIC legal powers and in furtherance of t <. its goals and purposes, ands , MINNESOTA requires financing for the Project, d My Commission Expires Jan.31,20t0 The City and the EDA believe that it is desirable acid necessary that there be issued general obli- gation bonds to provide funds to Notary Publi assist the EDA in financing the ----- — Project. SECTION 2. Bonding:Authori- �'1 INFORMATION zation. !Pursuant to and in accor- dance with the provisions of this Ordinance and the provisions of $ 28.80 Minnesota Statutes,)Section (1) Lowest classified rate paid by 469.102 and Chapter 475, the commercial users for comparable space consent of the City Council is (line, word or inch rate) hereby given to,the EDA to issue and sell the EDA's general obliga- (2) Maximum rate allowed by law for the $ 14•:85 tion bond or bonds to which the : above matter' full faith,credit and resources of (line,word or inch fate) the City may and shall be pledged as payment and security therefor, (3) Rate actually charged for the above $ 14.85 in one or more series, in fully matter registered form,and in the aggre gate principal' amount not to (line, word of inch rate) exceed$12,000,000(the"Bonds"), 886,127 for the purpose of providing funds to assist in financing the Project,: together with such costs of issu- ance and related costs as may be incidental to the issuance of the Bonds. The EDA shall set the date,denominations, place of payment,form, content,interest` rates and details of the Bonds, and the City Council hereby con sents to the issuance and details of the Bonds,as so determined,by the EDA. The City Council' hereby gives specific consent,to the pledge of the City's full faith, credit,and resources to the pay-:_ ment and security of the Bonds. SECTION 3. 'Publication. This Ordinance,as adopted on the date hereof,shall be published in the official newspaper of the City and the EDA. SECTION 4.` Effective Date. The effective date of this Ordi- ance shall be the date of its adoption. THIS ORDINANCE was intro- duced and adopted by the City Council of the City of Elk River,, Minnesota, on the 15th day of October, 2007, by the following vote: ; AYES:'Mayor'Klinzing, Coun- cilmembers Zerwas, Gumphrey, Farber,and Motin NAYS:None APPROVED: Stephanie Klinzing,Mayor ATTEST: Tina Allard,City Cleric (024) 1