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• <br />• Section 1. Background: Findings. <br />• <br />1.01. It is hereby determined that: <br />(a) the City and Anoka County (the "County ") have entered into that certain Joint <br />Powers Agreement for the Reconstruction of County State Aid Highway 14 (Main Street) and I- <br />35E Interchange, County Project No. S.P. 02- 614 -28 (the "Joint Powers Agreement "), regarding <br />reconstruction of the interchange between County State Aid Highway 14 and Interstate 35 -E (the <br />"Project "); <br />(b) under the Joint Powers Agreement, the County will construct and pay for a <br />portion of the cost of the Project, and the City will pay a portion of the cost of the Project; <br />(c) the City has determined to finance a portion of its share of the Project cost <br />through special assessments levied against property in the City benefiting from the Project, and <br />to that end has duly ordered the Project in accordance with all procedures under Minnesota <br />Statutes, Chapter 429 (the "Improvement Act') and the City Charter; <br />(d) under the Joint Powers Agreement, the City has agreed to finance the remaining <br />balance of the City's share of the Project ($4,221,000), together with interest and service charges <br />accrued by the County to carry the City's debt, through issuance by the City, and purchase by the <br />County, of the City's $4,260,000 General Obligation Improvement Note (the "Note "); <br />(e) the County will finance a portion of the County's cost of the Project through <br />issuance of the County's $6,850,000 General Obligation Bonds, Series 2009F, of which bonds <br />$4,260,000 in principal amount represents the City's share of the cost of the Project (such City <br />portion hereafter referred to as the "County Bonds "); <br />(e) the City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to <br />negotiate the sale of the Note, it being determined that the City has retained an independent <br />financial advisor in connection with issuance of the Note and has determined that the Note shall <br />be issued to the County by private negotiation in accordance with the Joint Powers Agreement. <br />The actions of the City staff and in negotiating the sale of the Note is ratified and confirmed in <br />all aspects. <br />Section 2. Sale of Note. <br />2.01. Issuance. The City will forthwith issue the Note pursuant to the Improvement Act <br />and the City Charter to the County in the total principal amount of $4,260,000. The Note is <br />issued to the County in consideration of the County's obligation under the Joint Powers <br />Agreement to construct the Project; the Note evidences the City's obligation to pay to the County <br />the City's share of the cost of the Project in accordance with the Joint Powers Agreement. <br />2.02. Terms. The Note shall be in fully registered form without interest coupons, in the <br />denomination of the par amount, dated as of the date of issue of the County Bonds, bear interest <br />359834v3 SJB LN140 -103 <br />2 <br />