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CITY OF ARDEN HYLLS, M�NNESOTA <br />RESOLUTION t�f0. 2009-036 <br />GYVING PREL�NI�NARY APPROVAL TO THE PROPO�ED <br />ISSUANCE OF REVENUE NOTES UNDER MINNESOTA <br />STATUTES, SECTIONS 469.I52 THROUGH 469.1651, AS <br />AMENDED <br />BE IT RESOLVED by the City CounciI of the City of Arder� Hilis, Minnesota (the "City"}, as <br />fo�lows: <br />Seciion i. Recitals. <br />1.01. The City of Arden Hills, Minnesota (the "City"), is a statutory city organized and existing <br />under the Constitution and laws af the State of Minr�esota. <br />1.02. Pursuant to the Minnesota Stalutes, Sectians 4G9.152 thraugh 469.1651, as amended (the <br />"Act"), the City is authorized �o issue revenue bonds to finance, in whoie or in part, the cost of the <br />acquisition, constr�ction, recanstxuction, im�rovement, beiterment or exter�sion of a proj�ct, defined in <br />the Act as including any properties, real or personal, used or usefui in conneciion with a <br />revenue-producing enterprise, vvheiher or not operated for profit. <br />1.U3. Northwestern College, a Minnesota nonpro�t corporation (the "Borrower"), has proposed <br />ihat the City issue tax-exempt revenue notes or obiigations pursuant to the Act in one or more series in the <br />approximate principal amount not to exceed $9,000,000 {t�e "Notes") and loan the proceeds of the Notes <br />to tk�e Borrower to financ� a portion of the construction and equipping of an approximately 70,000 square <br />foot facility, which will provide new dining faciiities, an expanded campus store, student lounges, study <br />areas, office space for student arganizations, classrooms, and meeting spaces, to be Iocated at on the <br />poriio� of the Northwestern Campus Iocated withi�l the City (the "Project"). <br />i.04. Pursuant to Section 469.15�i, subdivision 4, of the Act and Section 147(f} af t�e Internal <br />Revenue Code of 1486, as amended (the "Code"j, and regulations promulgated thereunder, prior to the <br />issuance of the Notes, the City Council must approve the Notes after conducting a pubEic hearing thereon <br />preceded by publication of a notice of public hearing (in the form required }�y Section 147(� of the Code <br />and appiieabie regulations) in the official newspaper of the City and a newspaper of generaf circulatian at <br />least fourteen (14) days prior to the pubIic hearing date. <br />1.05. Pursuant to the Act and the Cade, a notice of �tiblic hearing in the form required by the <br />Act and Section 147(fl of the Code was published in the Shoreview-Ardera Hills Bulletin, the officia� <br />newspaper of t�ie City and a newspaper of general circulataon in the City, on Wednesday, <br />November 11, 2009. <br />1_06. On the date hereof, the City �eld a public hearing an the Project and the issuance of t�e <br />Notes to finance the Project. <br />1.07. Pursuant to Sectian 469, i54 of the Act, p�-ior to the issuance of the Notes by the City, the <br />Commissioner of the Minnesota Departrrtent of Emgloyment and Economic De�e(o��nent ("DEED") <br />