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Res 2009- 35 Public Hearing for Note IssuanceEXTRACT 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 at the City Hall in said City on Tuesday, June 2, 2009, commencing at 7:00 P.M. The following Councilmembers were present: Huber, Krebsbach, Duggan, Schneeman and Vitelli and the following were absent: None Member Krebsbach introduced the following resolution and moved its adoption: RESOLUTION NO. 09 -35 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A REVENUE REFUNDING NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF HEARING (SAINT THOMAS ICE ARENA PROJECT) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165 1, relating to municipal industrial development (the "Act "), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and WHEREAS, the City of Mendota Heights, Minnesota (the "City "), has received from Saint Thomas Ice Arena, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower "), a proposal that the City undertake a program to assist in refinancing a Project hereinafter described, through the issuance of a revenue note or obligation (in one or more series) (the "Note ") pursuant to the Act; and WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary for the City to hold a public hearing on the proposal pursuant to the Act: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of revenue bonds or other obligations to be issued to finance the proposal are described in the Notice of Public Hearing. 2. The City Clerk 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 2359968vl circulation available in the City of Mendota Heights, not less than 14 days nor more than 30 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. Adopted by the City Council of the City of Mendota Heights this 2nd day of June, 2009. ATTEST: CITY COUNCIL CITY OF 7TA 7HE HT S By _r%1�.� --� By Kathl en M. Swanson, City Clerk John Huber, Mayor 2359968vl 2 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly qualified and acting Clerk 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 Rill, 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 note to refinance an ice arena project for Saint Thomas Ice Arena. WITNESS my hand this day of June, 2009. Cl rlc 23599680 3 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR ISSUANCE OF A REVENUE REFUNDING NOTE (SAINT THOMAS ICE ARENA PROJECT) Notice is hereby given that a public hearing shall be conducted by the City Council of the City of Mendota Heights, Minnesota (the "City ") on Tuesday, July 7, 2009 at 7:00 P.M. at the City Hall located at 1101 Victoria Curve, Mendota Heights, Minnesota, to consider the proposal of Saint Thomas Ice Arena, a Minnesota nonprofit corporation (`Borrower "), that the City assist in refinancing the City's Recreational Facilities Revenue Note, Series 2003 (Saint Thomas Ice Arena Project) and two promissory notes of the Borrower, the proceeds of which were used to finance the acquisition and construction of an approximately 50,500 square foot ice arena located at 950 Mendota Heights Road in the City (collectively, the "Project ") and certain other costs related to the Project by the issuance of a revenue note or other obligation in an amount not to exceed $3,000,000 pursuant to Minnesota Statutes, Sections 469.152 to 469.1651, as amended. The Project is owned and operated by the Borrower. The note or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the Project, and such note or obligations will not be a charge against the City's general credit or taxing powers, but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City Clerk at or prior to the public hearing. 2359968v 1 A-1