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<br />RESOLUTION NO. <br /> <br />RESOLUTION GIVING PRELIMINARY APPROVAL <br />TO A PROJECT TO BE UNDERTAKEN BY THE ELK RIVER <br />MUNICIPAL UTILITIES COMMISSION <br /> <br />BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, <br />Minnesota (the "City"), as follows: <br /> <br />1. Recitals: <br /> <br />(a) The Elk River Municipal Utilities Commission (the "Commission") has made a <br />preliminary determination that it is necessary and appropriate for the Commission to undertake <br />certain additions and improvements to the City's electric utility distribution system, including <br />but not limited to acquisition and construction of a substation and related feeder system (the <br />"Proj ect"). <br /> <br />(b) In order to provide financing for the Project, the Commission intends to <br />participate in the Minnesota Municipal Utilities Association Financing Program through a <br />combination of a fixed interest rate and variable interest rate borrowing from the Midwest <br />Consortium of Municipal Utilities ("MCMU") of which the Commission is a member, and in <br />furtherance thereof the Commission expects to consider for approval one or more resolutions <br />which will provide for the issuance by the Commission to MCMU of a fixed rate electric revenue <br />note and a variable rate electric revenue note together with execution and delivery of related <br />documents including fixed and variable rate project loan agreements. The total expected <br />borrowing by the Commission for the cost of the Project is expected not to exceed $3,500,000 <br />plus required reserves, costs of issuance and other transaction expenses. As of the date hereof it <br />is expected that approximately 72% of the financing will be at a fixed rate and approximately <br />28% at a variable rate. <br /> <br />(c) The notes shall be secured by the net revenues of the Commission. The full faith <br />and credit of the City will not be pledged as security for the notes or the financing of the Project. <br /> <br />(d) This Council expects that it will be requested by the Commission at an <br />appropriate future date to approve a resolution or resolutions concurring in such financing. <br /> <br />2. Consent and Approval. This Council hereby preliminarily approves the Project and the <br />financing thereof through MCMU as described above as may be carried out pursuant to further <br />actions of the Commission, and hereby authorizes the staff of the City to cooperate with the <br />Commission as may be necessary or appropriate to assist the Commission in carrying out the <br />Project and undertaking the financing arrangements described above. <br />