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ORDINANCE NO. 12- <br /> CITY OF ELK RIVER <br /> AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 <br /> GENERAL OBLIGATION REFUNDING BONDS BY THE ECONOMIC DEVELOPMENT <br /> AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA; <br /> PROVIDING FOR THE FORM AND DETAILS THEREOF; AND AUTHORIZING THE <br /> ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER,MINNESOTA, <br /> TO PLEDGE THE FULL FAITH, CREDIT AND RESOURCES OF <br /> THE CITY OF ELK RIVER,MINNESOTA, <br /> FOR THE SECURITY AND PAYMENT OF THE BONDS <br /> THE CITY OF ELK RIVER,MINNESOTA,DOES PAIN: <br /> SECTION 1. Recitals. <br /> (a) The Economic Development Authority for the City of Elk River (the"EDA") has <br /> the powers described in Minnesota Statutes, Sections 469.001 through 469.047, and Minnesota <br /> Statutes, Section 469.090 to 469.108. <br /> (b) The EDA proposes to refund its General Obligation Bonds, Series 2007B (the "Prior <br /> Bonds"), the proceeds of which were used to finance the acquisition and betterment of a recreational <br /> facility owned by the EDA and leased to YMCA of the Greater Twin Cities (formerly known as <br /> The Young Men's Christian Association of Metropolitan Minneapolis, collectively, the "YMCA")) <br /> (the "Project"). The City and the EDA believe that it is desirable and necessary that there be issued <br /> general obligation refunding bonds to refund the Prior Bonds to achieve debt service cost savings. <br /> (c) A public hearing on the issuance of the Bonds and the use of the Project by the <br /> YMCA was held by the EDA on December 10, 2012 following duly published notice, at which time <br /> all persons that desired to speak were heard. <br /> SECTION 2. Bonding Authorization. <br /> (a) Pursuant to and in accordance with the provisions of this Ordinance and the <br /> provisions of Minnesota Statutes, Section 469.102 and Chapter 475 and Section 147(f) of the <br /> Internal Revenue Code of 1986, as amended (the "Code"), the consent of the City Council is <br /> hereby given to the EDA to issue and sell the EDA's general obligation bond or bonds to which <br /> the full faith, credit and resources of the City may and shall be pledged as payment and security <br /> therefor, in one or more series, in fully registered form, and in an aggregate principal amount not to <br /> exceed $10,000,000 (the "Bonds"), for the purpose of providing funds to assist in refunding the <br /> Prior Bonds, together with such costs of issuance and related costs as may be incidental to the <br /> issuance of the Bonds. The EDA shall set the date, denominations, place of payment, form, <br /> content, interest rates and details of the Bonds, and the City Council hereby consents to the issuance <br /> and details of the Bonds, as so determined by the EDA. The City Council hereby gives specific <br /> consent to the pledge of the City's full faith, credit, and resources to the payment and security of <br /> the Bonds. <br /> 41527942 JSB EL185-21 <br />