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EXTRACT OF MINUTES OF A MEETING <br />OF THE CITY COUNCIL <br />CITY OF ELK RIVER, MINNESOTA <br />HELD: January 22, 2008 <br />Pursuant to due call and notice thereof, a regular or special meeting of the City Council <br />of the City of Elk River, Sherburne County, Minnesota, was duly called and held at the City Hall <br />on January 22, 2008, at 6:00 P.M., for the purpose, in part, of authorizing the issuance and <br />awarding the sale of $3,045,000 General Obligation Water Revenue Refunding Bonds, Series <br />2008A. <br />The following members were present: <br />and the following were absent: <br />Member introduced the following resolution and moved its adoption: <br />RESOLUTION NO. <br />RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,045,000 GENERAL <br />OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2008A AND <br />PLEDGING NET REVENUES FOR THE SECURITY THEREOF <br />A. WHEREAS, the City Council of the City of Elk River, Minnesota (the "City"), <br />hereby determines and declares that it is necessary and expedient to provide moneys for a current <br />refunding of the City's $820,000 original principal amount of General Obligation Water Revenue <br />Bonds, Series 1998B, dated December 1, 1998 (the "Prior 1998 Bonds") and a crossover advance <br />refunding of the City's $3,590,000 original principal amount of General Obligation Water <br />Revenue Bonds, Series 2001A, dated October 1, 2001 (the "Prior 2001 Bonds" and, together <br />with the Prior 1998 Bonds, the "Prior Bonds"); and <br />B. WHEREAS, $395,000 of the principal amount of the Prior 1998 Bonds which <br />matures on and after February 1, 2009, is callable on any date after February 1, 2007, at a price <br />of par plus accrued interest, as provided in Resolution No. 131 of the City Council, adopted on <br />November 30, 1998 (the "Prior 1998 Resolution"), authorizing the issuance of the Prior 1998 <br />Bonds; and <br />C. WHEREAS, $2,575,000 of the principal amount of the Prior 2001 Bonds which <br />matures on and after February 1, 2011, is callable on February 1, 2010 (the "Crossover Date"), at <br />a price of par plus accrued interest, as provided in Resolution No. 01-67 of the City Council, <br />adopted on September 24, 2001, authorizing the issuance of the Prior 2001 Bonds (the "Prior <br />2001 Resolution" and, together with the Prior 1998 Resolution, the "Prior Resolutions"); and <br />D. WHEREAS, the refunding of the Prior 1998 Bonds maturing on and after <br />February 1, 2009 (the "Refunded 1998 Bonds") and the Prior 2001 Bonds maturing on and after <br />February 1, 2011 (the "Refunded 2001 Bonds" and, together with the Refunded 1998 Bonds, the <br />2116001v1 <br />