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CITY OF ARDEN HILLS, MINNESOTA <br />RESOLUTION NO. 2009-036 <br />GIVING PRELIMINARY APPR�VAL TO THE PROPOSED <br />ISSUANCE OF REVENUE NOTES UNDER MINNESOTA <br />STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS <br />AMENDED <br />BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota (the "City"), as <br />follows: <br />Section l. 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 of the State of Minnesota. <br />1.02. Pursuant to the Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the <br />"Act"), the City is authorized to issue revenue bonds to finance, in whole or in part, the cost of the <br />acquisition, construction, reconstruction, improvement, betterment or extension of a proj ect, defined in <br />the Act as including any properties, real or personal, used or useful in connection with a <br />revenue-producing enterprise, whether or not operated for pro�t. <br />1.03. Northwestern College, a Minnesota nonprofit corporation (the "Borrower"), has proposed <br />that the City issue tax-exempt revenue notes or obligations pursuant to the Act in one or more series in the <br />approximate principal amount not to exceed $9,000,000 (the "Notes") and loan the proceeds of the Notes <br />to the Borrower to finance a portion of the construction and equipping of an approximately 70,000 square <br />foot facility, which will provide new dining facilities, an expanded campus store, student lounges, study <br />areas, office space for student organizations, classrooms, and meeting spaces, to be located at on the <br />portion of the Northwestern Campus located within the City (the "Project"). <br />. 1.04. Pursuant to Section 469.154, subdivision 4, of the Act and Section 147(� of the Internal <br />Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder, prior to the <br />issuance of the Notes, the City Council must approve the Notes after conducting a public hearing thereon <br />preceded by publication of a notice of public hearing (in the form required by Section 147(� of the Code <br />and applicable regulations) in the official newspaper of the City and a newspaper of general circulation at <br />least fourteen (14) days prior to the public hearing date. <br />1.05. Pursuant to the Act and the Code, a notice of public hearing in the form required by the <br />Act and Section 147(� of the Code was published in the Shoreview-Arden Hills Bulletin, the official <br />newspaper of the City and a newspaper of general circulation in the City, on Wednesday, <br />November 11, 2009. <br />1.06. On the date hereof, the City held a public hearing on the Proj ect and the issuance of the <br />Notes to finance the Proj ect. <br />1.07. Pursuant to Section 469.154 of the Act, prior to the issuance of the Notes by the City, the <br />Commissioner of the Minnesota Department of Employment and Economic Development ("DEED") <br />