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07-57Extract of Minutes of a Meeting of the City Council of the City of Otsego, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Otsego, Minnesota, was duly held at the City Hall in said City on Monday, the 27th day of August, 2007, at 6:30 o'clock P.M. The following members were present: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. and the following were absent: None adoption: Member Mayor Larry Fournier introduced the following resolution and moved its RESOLUTION NO. 2007- 57 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF LEASE REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (KALEIDOSCOPE CHARTER SCHOOL PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Mark Thorsted, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof. Mayor Larry Fournier, Councilmembers: Vern Heidner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. and the following voted against the same: NONE whereupon said resolution was declared duly passed and adopted. 2061aa2v2 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF LEASE REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (KALEIDOSCOPE CHARTER SCHOOL PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1651, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of providing necessary educational facilities; and (b) WHEREAS, the City of Otsego, Minnesota ("Otsego"), has received from KCS Building Company, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), a proposal that City of Falcon Heights, Minnesota ("Falcon Heights") undertake a program to assist in financing, among other things, a Project described in Exhibit A which is located in Otsego, through the issuance of a revenue bond or obligation (in one or more series) (the 'Bonds") pursuant to the Act; and (c) WHEREAS, Otsego has been advised that a public hearing and City Council approval of the financing of the Project is required under the Act and Section 147(f) of the Internal Revenue Code because the project to be financed by the Bonds is located in Otsego: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, 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 Notice of Public Hearing attached hereto as Exhibit A. 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 Otsego and a newspaper of general circulation available in Otsego, 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. Adopted by the City Council of the City of Otsego, Minnesota, this 27th day of August, 2007. ATTEST: 2061442v2 2 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting City Clerk of the City of Otsego, 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 full, 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 issuance of a revenue obligation. WITNESS my hand this 27th day of August, 2007. 2061442v2 3 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF REVENUE BONDS FOR THE KALEIDOSCOPE CHARTER SCHOOL Notice is hereby given that the City Council of the City of Otsego, Minnesota (the "City") will meet at the City Hall, 8899 Nashua Avenue NE, in the City, at 6:30 p.m. on Monday, September 24th, 2007 to consider giving host approval to the issuance by the City of Falcon heights, Minnesota ("Falcon Heights") of revenue bonds or other obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.1651 (the "Act"), in order to finance the cost of a project located in the City. The "Project" consists the acquisition, construction and equipping of an approximately 40,000 square public elementary schoolhouse located on Kollard Avenue west of County Road 19 in the City. The Project will be owned by KCS Building Company, a Minnesota nonprofit corporation having federal income tax-exempt 501(c)(3) status (the 'Borrower") and leased to and operated by Kaleidoscope Charter School, a Minnesota non-profit corporation having federal income tax-exempt 501(c)(3) status as a public (charter) school. The maximum estimated principal amount of the Bonds to be issued by Falcon Heights to finance the Project is $9,000,000. The Bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of the City, except the Project, and such obligations will not be a charge against the general credit or taxing powers of the City 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. Written comments will be considered if submitted at the above City office on or before the date of the hearing. Published: Star News 09-05-07 2061442v2 A-1