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EXTRACT OF MINUTES OF MEETING OF THE <br />CITY COUNCIL OF THE <br />CITY OF ELK RIVER, MINNESOTA <br />HELD: May 16, 2016 <br />Pursuant to due call and notice thereof, a regular meeting of the City Council of the City <br />of Elk River, Minnesota, was duly called and held at the City Hall in the City on the 16th day of <br />May, 2016, at 6:00 P.M. <br />The following members were present: MANOR JOHN J. DIETZ, COUNCILMEMBERS JERRY <br />OLSEN, MATT WESTGAARD, BARBARA SURANDT, AND JENNIFER WAGNER <br />and the following were absent: NONE. <br />Member OLSEN <br />RESOLUTION 16- 31 <br />introduced the following resolution and moved its adoption: <br />RESOLUTION APPROVING THE ISSUANCE OF ELECTRIC REVENUE REFUNDING <br />BONDS, AND AUTHORIZING CERTAIN OTHER ACTIONS TO BE TAKEN BY THE ELK <br />RIVER MUNICIPAL UTILITIES COMMISSION WITH RESPECT TO THE ISSUANCE OF <br />ELECTRIC REVENUE REFUNDING BONDS, SERIES 2016B <br />BE IT RESOLVED by the City Council of the City of Elk River (the "City"), <br />Minnesota, as follows: <br />1. Authority. The City is authorized by Minnesota Statutes, Chapter 453, as <br />amended (the "Electric Utility Act"), to issue bonds to finance the acquisition or construction of <br />any plant, works, system, facilities, and real and personal property of any nature, together with <br />all parts thereof and appurtenances thereto, used or useful in the generation, production, <br />transmission, purchase, sale, exchange, or interchange of electric energy or any interest therein <br />or capacity thereof. Rents, rates, and charges may be established, levied, and collected in <br />connection with the electric utility system of the Elk River Municipal Utilities Commission (the <br />"Commission") and may be pledged to the payment of the principal of and interest on bonds <br />issued by the City for the benefit of the Commission, including bonds issued to finance or <br />refinance the electric utility system of the Commission. <br />2. Terms of Proposal. The City proposes to issue and the Commission proposes to <br />offer and sell Electric Revenue Refunding Bonds, Series 2016B (the "Bonds"), in an aggregate <br />principal amount not to exceed $1,460,000, to refund the February 1, 2017 through <br />February 1, 2022 maturities of the City's Electric Revenue Bonds, Series 2007A, dated <br />March 28, 2007 (the "Prior Bonds") and pay the costs of issuing the Bonds. The terms and <br />conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" <br />attached hereto as Exhibit A and hereby approved and made a part hereof. The Bonds shall be <br />special obligations of the City payable solely from the net revenues of the electric utility system <br />478987v1 JSB ELI 85-42 <br />