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Res 2010- 50 Calling for Public Hrg Rev Refunding Note St ThomasEXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Mendota Heights, Minnesota, was duly held in the City Hall in said City on Tuesday, July 20, 2010, commencing at 7:00 P.M. The following Councilmembers were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli and the following were absent: None Member Vitelli introduced the following resolution and moved its adoption: RESOLUTION NO. 10 -50 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF AN EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (ST. THOMAS ACADEMY PROJECT) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1651, relating to municipal industrial development (the "Industrial Development Act "), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state; and WHEREAS, the City of Mendota Heights, Minnesota (the "City ") has received from St. Thomas Academy, a Minnesota nonprofit corporation (the "Academy "), a proposal that the City undertake a program to assist in financing a Project hereinafter described, through the issuance of approximately $7,000,000 of revenue refunding notes or other obligations (which may be issued in one or more series) (the "Notes ") pursuant to the Industrial Development Act; and WHEREAS, the "Project" to be financed by the Notes includes refunding the City's outstanding Variable Rate Demand Purchase Revenue Bonds, Series 1999 (St. Thomas Academy Project), which were issued to finance the construction of a middle school addition and certain capital improvements to the Academy's existing educational facilities; and WHEREAS, the City has been advised that a public hearing and the City Council's approval of the financing of the Project is required under Section 147(f) of the Internal Revenue Code and the Industrial Development Act: NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights, Minnesota, as follows: 2582242v1 1. A public hearing on the proposal of the Academy will be held at the time and place set forth in the form of Notice of Public Hearing attached as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of revenue notes or other obligations to be issued to finance the proposal are described in the Notice of Public Hearing. 2. The City Administrator of the City is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and a newspaper of general circulation available in the City, not less than 14 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. The motion for the adoption of the foregoing resolution was duly seconded by member Duggan , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted by the City Council of the City of Mendota Heights this Twentieth day of July 2010. ATTEST: Nancy $guer, Acting City Clerk 2 2582242v1 CITY COUNCIL CITY OF MENDOTA HEIGHTS STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting City Administrator of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to calling for a public hearing on the City's revenue obligations to finance a project with respect to St. Thomas Academy. WITNESS my hand this 46 ay of vacs, , 2010. 3 2582242v1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR ISSUANCE OF REVENUE REFUNDING OBLIGATIONS TO FINANCE A PROJECT FOR ST. THOMAS ACADEMY Notice is hereby given that a public hearing shall be conducted by the City Council of the City of Mendota Heights, Minnesota (the "City ") in the City Council Chambers at the Mendota Heights City Hall, 1101 Victoria Curve, in the City, at 7:00 P.M. on Tuesday, August 17, 2010, to consider the issuance of revenue refunding obligations by the City, in one or more series, pursuant to Minnesota Statutes, Sections 469.152 to 469.1651, as amended, in order to finance the cost of a project located in the City. The project consists of refunding the City's outstanding Variable Rate Demand Purchase Revenue Bonds, Series 1999 (St. Thomas Academy Project), which were issued to finance the construction of a middle school addition and certain capital improvements to the existing educational facilities of St. Thomas Academy (the "Project "). The maximum aggregate estimated principal amount of the obligations to be issued by the City is $7,000,000. The Project is owned and operated by St. Thomas Academy (the "Academy "). Subsequent to approval, the City may issue revenue obligations to finance the Project. The obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City. Such obligations will not be a charge against the general credit or taxing powers of the City, but are payable from sums to be paid by the Academy pursuant to a loan agreement with the City. At the time and place fixed for the public hearing, the City will give all persons who appear at the hearing an opportunity ity to express their views with respect to the financing of the Project. In addition, interested persons may file written comments respecting the proposal with the City Administrator at or prior to the public hearing. A -1 2582242v1