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RES 2009-65 - 14648RESOLUTION NO. 2009 - 65 RESOLUTION AUTHORIZING THE CALL OF OUTSTANDING TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B A. WHEREAS, the City has issued $3,920,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B, dated March 23, 2004 (the 'Bonds ") to refund the Taxable General Obligation Tax Increment Bonds, Series 1998B, dated October 1, 1998; and B. WHEREAS, in connection with the issuance of the Bonds the City established a Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B Fund (the 'Debt Service Account "); and C. WHEREAS, as of November 16, 2009, the cash balance in the Debt Service Account was $3,00,000 and the City anticipates an additional $1,175,000 to be deposited in the Debt Service Account by February 1, 2010. The remaining outstanding balance of principal and interest due on the Bonds is $580,062.50, which includes the regularly scheduled February 1, 2010 interest and principal payment. Consequently, the balance in the Debt Service Account will be not less than the remaining outstanding principal and interest requirements of the Bonds on February 1, 2010; and D. WHEREAS, the Bonds maturing in the years 2011 and 2012, aggregating $1,175,000 in principal amount are subject to redemption on February 1, 2010, and on any interest payment date thereafter, at a price of par plus accrued interest. NOW, THEREFORE, be it resolved by the City Council of the City of Fridley, Minnesota, as follows: 1. The Council hereby determines that there will be sufficient money in the Debt Service Account established by the resolution duly adopted by the Council on February 23, 2004, to prepay on February 1, 2010, $1,175,000 aggregate principal amount of Bonds maturing in the years 2011 and 2012. 2. U.S. Bank National Association, in St. Paul, Minnesota, the bank at which principal and interest on the Bonds is payable, is hereby authorized and directed to cause the Notice of Redemption attached hereto as Exhibit A to be given in accordance with the provisions of the resolution relating to the Bonds. 3. No further action shall be required of the Council to complete prepayment of the Bonds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF NOVEMBER 2009. Sc (Kt J. Lund, Mayor Attest: Debra A. Skogen, Cq Clerk Resolution No. 2009 - 65 Page 2 EXHIBIT A NOTICE OF CALL FOR REDEMPTION TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Fridley, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2010 those outstanding bonds of the City designated as Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B, dated March 12, 2004, having stated maturity dates in the years 2011 and 2012, totaling $1,175,000 in principal amount and having CUSIP numbers listed below. Year CUSIP No. 2011 XK5 2012 XL3 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: November 16, 2009. BY ORDER OF THE CITY COUNCIL, CITY OF FRIDLEY, MINNESOTA /s/ Debra A. Skogen, City Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 2429470v1 A -2