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87-340 -. WHITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PAUL Council � .J �3�a CANARV - DEPARTMENT BLUE - MAVOR , F11C NO• Council Resolution Presented By Referred To Committee: Date Out of Committee By Date ACCEPTING BID ON SALE OF $2 �280�0 0 GENERAL OBLIGATION STREET IMPROVEMENT SPE IAL ASSESSMENT BONDS , SERIES 1987� ND PROVIDING FOR THEIR ISSUA�NCE WHER AS, the Director, Department of Finance and Management Ser ices, has presented affidavitts showing publication of notice of the sale of $2 ,280,000 General Obligation Str et Improvement Special Asses�ment Bonds, Series 1987 (the "Bon s") , of the City of Saint Pawl, Minnesota (the "City") , for w ich bids were to be received at this meeting in accordance wit Resolution No. 87-189 adopted by this City Council on Feb uary 19, 1987 , and approved by the Mayor on February 19, 1 87; and the affidavits have been examined, have been found to omply with the provisions of Minnesota Statutes, Chapter 475 , a d have been approved and ordered placed on file; and WHE AS, the bids set forth on E�hibit A attached hereto were r ceived pursuant to the Offici,�al Terms of Offering by the Direct r, Department of Finance and Management Services, at the office of Springsted Incorporated at 1:00 P.M. , Central Time, on Marc 16, 1987; and COUNCILMEN � Requested by Department of: Yeas pfeW Nays N"°s'e In Favor Rettman Scheibel Sonnen __ Agal[ISt BY Tedesco Wilson Form Approved by City A orne Adopted by Cou�icil: Date S�r,��� Certified Passed by Council Secre ary BY �� � By `- Approved by Mavor: Date _ Appro e }n Mayor for Submis 'on t Council i Bv - - — B �> - �� c WHEREAS, the Director, Department of Finance and Manage- ment Services has advised this Council that the bid of The Northern rust Company was found to be the most advantageous nd has recommended that said bid be accepted; and LVHEREAS, the proceeds of the Bonds will finance certain street improv ments to be sPecially assessed, for which the City is proce ding pursuant to its Charter and not yinnesota Statutes, Cha ter 429; and WHEREAS, the City has heretofore issu�ed registered obliga- tions in cert ficated form, and incurs substantial costs associated wi h their printing and issuance, and substantial continuing tr nsaction costs relating to their payment� transfer and xchange; and L9HEREAS, the City has determined agai�n in 1987 that significant s vings in transaction costs will result from issuing bonds in "global book-entry form" , by which bonds are issued in cer ificated form in large denominations, registered on the books f the City in the name of a depository or its nominee, and eld in safekeeping and immobilized by such depository, a d such depository as part of the computerized national secu ities clearance and settlement system ( the "National Sys em") registers transfers of ownership interests in the bonds y making computerized book entries on its own books and dis ributes payments on the bonds to its Participants shown on its ooks as the owners of such i,nterests; and such Participants nd other banks, brokers and dealers participating in the Natio 1 System will do likewise (again, not as agents of the City) if not the beneficial owne'rs of the bonds; and WHEREAS� "Participants" means those financial institutions for whom the Depository effects book-entry transfers and pledges of s curities deposited and immobilized with the Depository; nd WHEREAS, Midwest Securities Trust Company, a limited purpose trus company organized under the laws of the State of Illinois, or any of its successors or suc�essors to its functions he eunder (the "Depository" ) , will act as such depository w' th respect to the Bonds exce t as set forth below, and there is before this Council a form o letter agreement ( the "Deposi ory Letter Agreement" ) setti g forth various matters rela ing to the Depository and it� role with respect to the Bonds; a d � I _ 2 WHEREAS, the City will �eliver the Bonds in the form of one certifica e per maturity, each representing the entire principal amo nt of the Bonds due on a particular maturity date (each a "Glob 1 Certificate" ) , �hich single certificate per maturity may e transferred on the City' s bond register as required by t e Uniform Commercial Code, but not exchanged for smaller denom nations unless the City determines to issue Replacement B nds as provided below; and WHEREAS, the City will be able to replace the Depository or under cert in circumstances to abandon the "global book- entry form" b permitting the Global Certificates to be exchanged for smaller denominations typical of ordinary bonds registered on the City' s bond register; and "Replacement Bonds" means the cer ificates rePresenting the Bo�ds so authenticated and delivered by the Bond Registrar pursuant to paragraphs 7 and 13 hereof and ; WHEREAS, "Holder" as used herein mean� the person in whose name a Bond i registered on the registration books of the City maintained by the City Treasurer or a succ�ssor registrar appointed as rovided in paragraph 9 (the '"Bond Registrar") : NOW THEREFORE, BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota, as follows: 1 . Acce tan�e of Bid. The bid of The Northern Trust Company (the Purchaser" to purchase $2 ,280,000 General Obligation St eet Improvement Special Assessment Bonds, Series 1987 , of the ity (hereinafter referred to as the "Bonds" , or individually s a "Bond") , in accordance with the Official Terms of Offe ing for the bond sale, at the rates of interest hereinafter s t forth, and to pay therefor the sum of $2 ,241,250, p us interest accrued to settlement, is hereby found, determ ned and declared to be the most favorable bid received and ' s hereby accepted, and the Bonds are hereby awarded to sa d bidder. The Director, Department of Finance and Managemen Services, or his designee, is directed to retain the deposit o said bidder and to forthwith return to the unsuccessful idders their good faith checks or drafts. 3 . � � ��U � 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Street Impr ement Special Assessment Bonds, Series 1987" , shall be dat d April 1, 1987, as the date of original issue and shall be is ed forthwith on or after such date as fully registered nds. The Bonds shall be numbered from R-1 upward. Global Cert ' ficates shall each be in the denomination of the entire prin ipal amount maturing on a single date, or, if a portion of aid principal amount is prepaid, said principal amount less the prepayment. Replacement Bonds , if issued as provided in paragraph 7 , shall be in the denomination of $5,000 each or in ny integral multiple thereof of a single matur.ity. The Bonds s all mature on March 1 in the years and amounts as follows: Year Amount Year Amount 1989 $ 80,000 1999 � $125,000 1990 125 ,OOQ 2000 125 ,000 1991 125,000 2001 'I 125,000 1992 100,000 2002 125 ,000 1993 125,000 2003 ' 125,000 1994 100,000 2004 100,000 1995 125 ,000 2005 125 ,000 1996 100,000 2006 100,000 1997 125,000 2007 125,000 1998 100,000 2008 100,000 3 Purpose. The Bonds shall provide funds for the constructio of various street improvements ( the "Improvemen s" ) in the City. The total cost of the Improvement , which shall include all casts enumerated in Minnesota S atutes, Section 475 .65, is estimated to be at least equal to th amount of the Bonds. Work 'on the Improvements shall proce d with due diligence to comple.tion. 4 Interest. The Bonds shall bear interest payable semiannuall on March l and September 1 of each year, commencing arch 1 , 1988, calculated on 'the basis of a 360-day year of twe ve 30-day months, at the reapective rates per annum set forth o posi*_e the maturity years as follows: � 4 Maturit Year Interest Rate Maturity Year Interest Rate 1989 6.50� 1999 5.90� 1990 6.50 2000 6.00 1991 5.30 2001 6 .10 1992 5.00 2002 6.25 1993 5.00 2003 6.25 1994 5 .10 2004 6.25 1995 5.30 2005 6.25 1996 5 .40 2006'I 6.25 1997 5.60 2007 6.25 1998 5 .75 2008' 5.00 5. Subcommittee. This Council �ereby ratifies and approves each and every act of its subcommlittee on Finance and � Sinking Funds in connection with the sale pf the Bonds. 6. Descri tion of the Global Ce tificates and Global Book-Entr S tem. Upon their origina is uance the Bonds will be issued in he form of a single Global C, rtificate for each maturity, dep sited with the Depository byl, the Purchaser and immobilized a provided in paragraph 7 . Np beneficial owners of interests n the Bonds will receive cer�ificates representing heir resQective interests inl the Bonds except as provided in p ragraph 7. Except as so prowided, during the term of the B nds, beneficial ownership (a�nd subsequent transfers of eneficial ownership) of intekests in the Global . Certificates ill be reflected by book en�ries made on the records of th Depository and its Particip nts and other banks, brokers, and ealers participating in the �ational System. The Depository' s ook entries of beneficial ow�ership interests are authorized to be in increments of $5 ,000 af principal of the Bonds, but no smaller increments, despite the larger authorized de ominations of the Global Certificates. Payment of principal f, premium, if any, and interest on the Global Certificates ill be made to the Bond Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its nominee a registered owner of the Global Certificates� and the Depositor according to the laws and rules governing it will receive nd forward payments on behalf of the beneficial owners of the Global Certificates. Payment f principal of, premium, if �any, and interest on a Global Cert ficate may in the City' s dis�retion be made by � such other me hod of transferring funds a� may be requested by the Holder of a Global Certificate. ; 5 7. Immobilization of Global Certificates by the De ositor ; uccessor De ositor ; Re lacement Bonds. Pursuant to the reque t of the Purchaser to the Depository, which request is r quired by the Official Terms of Offering, immediately pon the original delivery o� the Bonds the Purchaser wi 1 deposit the Global Certif ' cates representing all o.f the Bonds with the Depository or its gent, the main office of the Fourt U.S. Federal Reserve Distr' ct Bank. The Global Certificates shall be in typewritten for or otherwise as acceptable t the Depository, shall be r gistered in the name of the Depo itory or its nominee and sha 1 be held immobilized from circulation at the offices of the D�pository or said agent on behalf o the Purchaser and subsequen� bondowners. The Depository its nominee will be the soTe holder of record of the Global ertificates and no investor or other party purchasing, selling or otherwise transfe�ring ownership of interests i any Bond is to receive, hold or deliver any bond certificate so long as the Depository h lds the Global Certificate immobilized from circulatio , except as provided below in this paragraph and in paragraph 13. Certif' cates evidencing the Bonds m y not after their original de ivery be transferred or exch nged except: ( i) Upon registration of tr nsfer of ownership of a Glob 1 Certificate, as provided i paragraph 13 , ( ii) To any successor of the Depository (or its nomine ) or any substitute deposito y (a "substitute deposi ory") de�ignated pursuant to '' clause ( iii) of this subpar graph, provided that any suc essor of the Deposi ory or any substitute deposi�ory must be both a "clear' ng corporation" as defined i� the Minnesota Uniform Commer ial Code at Minnesota Statut�s, Section 336.8-102 , and a ualified and registered "cle�ring agency" as provid d in Section 17A of the Securities Exchange Act of 1934, s amended, ( ' ii) To a substitute depository designated by and accept ble to the City upon (a) the determination by the Deposi ory that the Bonds shall no longer be eligible for its de ository services or (b) a determination by the City that t e Depository is no longer able to carry out its functi ns, provided that any substitute depository must be qualif' ed to act as such, as provid�d in clause (ii) of this s bparagraph, or 6 �� -��r1' iv) To those persons to whom transfer is requested in wri ten transfer instructions in the event that: (a) the Depository shall resign or discontinue i s services for the Bonds and the City is unable to 1 cate a substitute depository within two (2) months f llowing the resignation or d�etermination of non- e igibility, or (b) upon a determination by the City in its s le discretion that (1) the cbntinuation of the book- e try system described herein,iwhich precludes the i suance of certificates (othe�r than Global C rtificates) to any Holder other than the Depository ( r its nominee) , might advers�ely affect the interest o the beneficial owners of thle Bonds, or (2) that it i in the best interest of thej beneficial owners af t e Bonds that they be able toj obtain certificated b nds, ' in eit er of which events the City shall notify Holders of its de ermination and of the availability of certificates (the " eplacement Bonds" ) to Holder requesting the same and th registration, transfer and exchange of such Bonds will b conducted as provided in palragraphs lOB and 13 hereof In the event of a succession of thei Depository as may be authorized y this paragraph, the Bond Rlegistrar upon presenta- tion of Glo al Certificates shall registjer their transfer to the substit te or successor depositorie�� and the substitute or successor d pository shall be treated as the Depository for all purposes an functions under this resolution. The Depository Letter Agre ment shall not apply to a sulbstitute or successor depository nless the City and the substitute or successor depository o agree, and a similar agreemnent may be entered into. 8 Redemption. All Bonds maturing in the years 1996 to 2008, bo h inclusive, shall be subject to redemption and prepayment t the option of the City on March 1 , 1995, and on any interes payment date thereafter at a price of par plus accrued int rest. Redemption may be in whole or in part of the Bonds subje t to prepayment. If redemption is in part, those Bonds remai ing unpaid which have the latest maturity date shall be pr paid first; and if only part of the Bonds having a 7 common maturity date are called for prepayment, the Global Certificate may be prepaid in $5 ,000 increments of principal and, if app icable, the specific Replace�ent Bonds to be prepaid sha 1 be chosen by lot by the Bo�d Registrar. Bonds or portions th reof called for redemption s�all be due and payable on the rede ption date, and interest the�eon shall cease to accrue from and after the redemption dat�. U on a reduction in the aggreg te principal amount of a Global Ce tificate, the Holder may mak a notation of such redemption n the panel provided on the lobal Certificate stating the amount so redeemed, or may rfturn the Global Certificate to the Bond Registrar in exchange f or a new Global Certificate authenticated by the Bond Re�istrar, in proper principal a ount. Such notation, if mad� by the Holder, shall be for refe ence only, and may not be re�ied upon by any other person as b ing in any way determinative� of the principal amount of s ch Global Certificate outsta ding, unless the Bond Registrar h s signed the appropriate col mn of the panel. T effect a partial redemption of Replacement Bonds having a co mon maturity date, the Bond �egistrar prior to giving noti e of redemption shall assign� to each Replacement Bond having a common maturity date a dis�inctive number for each $5,000 of the principal amount of s ch Replacement Bond. The Bond Re istrar shall then select by ot, using such method of selectio as it shall deem proper in ' ts discretion, from the numbers so assigned to such Replacem nt Bonds, as many numbers as, at $5 ,000 for each number, shall equal the principal a ount of such Replacement Bon�s to be redeemed. The Replacement Bonds to be redeemed shall b� the Replacement Bonds to which we e assigned numbers so selected; provided, however, that only s much of the principal amounk of each such Replacement Bond of a denomination of more than $5 ,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so sele ted. I a Replacement Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bon Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly execut d by the Holder thereof or his attorney duly authorized n writing) and the City shall execute ( if necessary) nd the Bond Registrar shall authenticate and deliver to he Holder of such Replacement Bond� without service charge, a n w Replacement Bond or Bonds of the same series 8 � 7 `�5�° having the ame stated maturity and interest rate and of any authorized enomination or denominations, as requested by such Holder, in ggregate principal amount equal to and in exchange for the unr deemed portion of the principal of the Bond so surrendered. T e Bond Registrar shall call Bonds for redemption and payment as herein provided upon receipt by the Bond Registrar a least forty-five (45) days �rior to the redemption date of a r quest of the City, in writtem form if the Bond Registrar i other than a City officer. Such request shall specify the principal amount of Bonds to be called for redemption nd the redemption date. ' P blished notice of redemption shall in each case be given in ac ordance with law, and mailed notice of redemption �hall be gi en to the paying agent ( if other than a City Officer) an to each affected Holder. I� and when the City shall call ny of the Bonds for redemption and payment prior to the stated aturity thereof, the Bond Registrar shall give written not ce in the name of the City of its intention to redeem and ay such Bonds at the office of the Bond Registrar. Notice of r demption shall be given by first class mail, postage pre aid, mailed not less than thirty (30) days prior to the redempt on date, to each Holder of Bonds to be redeemed, at the address appearing in the Bond Registier. All notices of redemption hall state: ( ) The redemption date; ( ) The redemption price; O If less than all outstanding Bonds are to be redeemed, the identificat�ion (and, in the case of partial redemption, th�e respective principal amounts) of the Bonds to be redeemed; O That on the redemption dajte, the redemption price will become due and payable upon each such Bond, and that interest thereon shall cease to a�crue from and after said date; and ( ) The place where such Bonds are to be surrendered for payment of the redemption price (which shall be the office of the Bond Registrar) . 9 otices to Midwest Securities Trust Company or its nominee sh 11 contain the CUSIP numbers of the Bonds. If there are any Ho ders of the Bonds other than the Depository or its nominee, t e Bond Registrar shall use its best efforts to deliver any such notice to the Depository on the business day next �rece ing the date of mailing of s�ch notice to all other Holders. 9. Bond Registrar. The Treasurer of the City is appointed o act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar" ) , and shall do so unless and until a successor Bond Registrar is duly appointed. A successo Bond Registrar shall be an mfficer of the City or a bank or tr st company eligible for designation as bond registrar rsuant to Minnesota Statutes, Chapter 475 , and may be appoint pursuant t� any contract the City and such successor B nd Registrar shall execute which is consistent herewith. he Bond Registrar shall also serve as paying agent unless and ntil a successor paying age�t is duly appointed. Principal a d interest on the Bonds sha�l be paid to the Holders (or record holders) of the Bond� in the manner set forth in t f orms of Bond and paragrapH 15 of this resolution. 10. Forms of Bond. The Bonds to be issued hereunder shall be in the form of Global Certificates unless and until Replacement Bonds are made available as provided in paragraph 7. Each form of bond may conCain such additional or different t rms and provisions as to the form of payment, record dat , notices and other matters as are consistent with the Deposit ry Letter Agreement and approved by the City Attorney. A. Global Certificates. The Global Certificates to be issued h reunder, together with the Certificate of . Registratio , the Register of Partial P�yments, the form of Assignment nd the registration information thereon, shall be in substant"ally the following form and may be typewritten rather than printed: 10 �� r��� UNITED STATES OF AMFRICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL R- $ GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BOND� SERIES 1987 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP March 1, Apri 1' 1 , 1987 REGISTERED WNER: PRINCIPAL A OUNT: DOLLARS K OW ALL PERSONS BY THESE PRES,ENTS that the City of Saint Paul� Ramsey County� Minnesota (the "Issuer" or "City" ) , certifies t at it is indebted and for value received promises to pay to t e registered owner specified above or on the certificate of registration below, or registered assigns, in the manner ereinafter set forth, the principal amount specified a ove, on the maturity date specified above, unless called for arlier redemption, and to pay interest thereon semiannuall on March 1 and September l of each year (each, an "Interest P yment Date" ) , commencing March 1 , 1988� at the rate per annum s ecified above (calculated on the basis of a 360-day year of twelve 30-day months) until the 'principal sum is paid or has been provided for. This Bond will bear interest from the most re ent Interest Payment Date to which interest has been paid r, if no interest has been paid, from the date of original i sue hereof. The principal of and premium, if any, on this Bo are payable by check or draft in next day funds or its equiva ent (or by wire transfer in immediately available funds if p ment in such form is necessary to meet the timing requiremen s bel�w) upon presentation and surrender hereof at the pr�inci al office of the Treasurer oE the Issuer in Saint Paul, Minn sota (the "Bond Registrar") , ' acting as paying agent, or any suc essor paying agent duly appointed by the Issuer; provided, owever, that upon a partial �edemption of this Bond which resu ts in the stated amount hereof being reduced, the Holder may in its discretion be paid without presentation of � 11 this Bond, hich payment shall be received no later than 12:00 noon, Chic go, Illinois, time, and may make a notation on the panel provi ed herein of such redemption, stating the amount so redeemed, r may return the Bond to the Bond Registrar in exchange for a new Bond in the proper principal amount. Such notation, if made by the Holder, shall be for reference only, and may not be relied upon by any other person as being in any way determinative of the principal amount of this Bond outstand- ing, unless the Bond Registrar has signed the appropriate column of he panel. Interest on this Bond will be paid on each Intere t Payment Date by check or draft in next day funds or its equi alent mailed (or by wire transfer in immediately available f nds if payment in such form is necessary to meet the timing equirements below) to the person in whose name this Bond is reg' stered ( the "Holder" or "Bondholder" ) on the registratio books of the Issuer maintained by the Bond Registrar a d at the address appearing thereon at the close of business on the fifteenth calendar day preceding such Interest Payment Dat (the "Regular Record Date" ) . Interest payments shall be re eived by the Holder no later than 12:00 noon, Chicago, I1 inois, time; and principal and premium payments shall be re eived by the Holder no later than 12:00 noon, Chicago, I1 inois, time, if the Bond is surrendered for payment enough in a vance to permit payment to be made by such time. Any interes not so timely paid shall cease to be payable to the person ho is the Holder hereof as of the Regular Record Date, and s all be payable to the person who is the Holder hereof at t e close of business on a date ( the "Special Record Date" ) fixe by the Bond Registrar whenever money becomes available f r payment of the defaulted interest. Notice of the Special Rec rd Date shall be given to Bondholders not less than ten days pr or to the Special Record Date. The principal of and premium if any, and interest on this Bond are payable in lawful mone of the United States of America. D te of Pa ment Not Business Da . If the date for payment of he principal of, premium, if any, or interest on this Bond s all be a Saturday, Sunday, legal holiday or a day on which ba king institutions in the City of Chicago, Illinois, or the city where the principal office of the Bond Registrar is located are authorized. by law or executive order to close, then the date fo such payment shall be the next succeeding day which is no a Saturday, Sunday, legal holiday or a day on which such anking institutions are authorized to close, and payment on uch date shall have the same force and effect as if made on the nominal date of payment. i 12 R dem tion. All Bonds of this issue maturing in the years 1996 to 2008 , both inclusive, are subject to redemption and prepay nt at the option of the Issuer on March 1 , 1995 , and on any Interest Payment Date thereafter at a price of par plus accrue interest. Redemption may be in whole or in part of the Bond subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall e prepaid first; and if only part of the Bonds having a co mon maturity date are called for prepayment, this Bond may be prepaid in $5 ,000 increments of principal. Bonds or portions thereof called for redemption shall be due and payable on he redemption date, and interest thereon shall cease to ac rue from and after the redemption date. N tice of Redem tion. Published notice of redemption shall in ea h case be given in accordance with law, and mailed notice of r demption shall be given to the paying agent (if other than City officer) and to each affected Holder of the Bonds. In he event any of the Bonds are called for redemption, written notice thereof will be given by first class mail mailed not less than thirty (30) days prior to the redemption ate to each Holder of Bonds to be redeemed. In connection ith any such notice, the "CUSIP" numbers assigned to the Bond shall be used. R lacement or Notation of Bo�ds after Partial Redemption. Upon a partial redemption of this Bond which results in he stated amount hereof being reduced, the Holder may in its iscretion make a notation on the panel provided herein of s ch redemption, stating the amount so redeemed. Such notati n, if made by the Holder, shall be for reference only, and m y not be relied upon by any other person as being in any way eterminative of the principal amount of the Bond outstanding unless the Bond Registrar has signed the appropriate column of the panel. Otherwise, the Holder may surrender t is Bond to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar d ly executed by the Holder thereof or his attorney duly author' zed in writing) and the Issu�er shall execute ( if necessary) nd the Sond Registrar shall authenticate and deliver to he Holder of such Bond, without service charge, a new Bond of the same series having the s�me stated maturity and interest ra e and of the authorized deno�ination in aggregate principal a ount equal' to and in exchange for the unredeemed portion of he principal of the Bond so isurrendered. I 13 I I suance; Pur ose; General Obli ation. This Bond is one of an i sue in the total principal amount of $2, 280,000, all of like date of original issue and tenor, except as to number, mat rity, interest rate, denomination and redemption privilege, hich Bond has been issued pu�suant to and in full conformity ith the Constitution and law� of the State of Minnesota a d the Charter of the Issuer, and pursuant to a resolution dopted by the City Council of the Issuer on March 17 , 1987 (t e "Resolution") , for the purpose of providing money to finance he construction of various street improvements in the City. his Bond is payable out of the 1987 General Obligation treet Improvement Special As�sessment Debt Service Fund of the Issuer. This Bond constitut�s a general obligation of the Issu r, and to provide moneys for the prompt and full payment of ts principal, premium, if any, and interest when the same be ome due, the full faith and credit and taxing powers of t e Issuer have been and are h�reby irrevocably pledged. D nominations; Exchan e; Resol�ution. The Bonds are issuable or ginally only as Global Certi,ficates in the denominatio of the entire principal amount of the issue maturing on a single date, or, if a portion of said principal amount is p epaid, said principal amount less the prepayment. Global Cert ficates are not exchangeable for fully registere�3 bonds of sm ller denominations except to evidence a partial prepayment r in exchange for Replacement Bonds if then available. Replacement Bonds, if made available as provided below, are 'ssuable solely as fully registered Bonds in the denominatio s of $5 ,000 and integral multiples thereof of a single matu ity and are exchangeable for fully registered Bonds of other au horized denominations in equal aggregate principal amounts at he principal office of the Bond Registrar, but only in the mann r and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of he Resolution are on file in the principal office of the Bond Re istrar. lacement Bonds. Replacement Bonds may be issued by the Iss r in the event that: ; 14 �7 ���� (a the Depository shall resign or discontinue its -- service for the Bonds, and only if the Issuer is unable to loca e a substitute depository within two (2) months followi g the resignation or determination of non- eligibi ity, or (b) upon a determination by the Issuer in its sole discret'on that (1) the continuation ' of the book-entry system escribed in the Resolution, which precludes the issuanc of certificates (other than Global Certificates) to any older other than the Depositmry (or its nominee) , might a versely affect the interest di the beneficial owners f the Bonds, or (2) that it �.s in the best � interes of the beneficial owners of the Bonds that they be able to obtain certificated bonds. Tr nsfer. This Bond shall be r�gistered in the name of the payee on the books of the Issuer by presenting this Bond for registra ion to the Bond Registrar, wl�o will endorse his, her or its n me and note the date of regi�tration opposite the name of the ayee in the certificate of r�gistration attached hereto. The eafter this Bond may be tran$ferred by delivery with an assi nment duly executed by the Hdlder or his, her or its legal re resentatives, and the Issuer and Bond Registrar may treat th Holder as the person exclusively entitled to exercise all the rights and powers of an owner until this Bond is presented with such assignment for regi�stration of transfer, accompanied y assurance of the nature pr�vided by law that the assignment i genuine and effective� and �ntil such transfer is registered o said books and noted hereon by the Bond Registrar, all subject to the terms and c nditions provided in the Resoluti n and to reasonable regulati�ns of the Issuer contained in ny agreement with, or noticQ to, the Bond Registrar. ransfer of this Bond may, at '' the direction and expense of t Issuer, be subject to certain other restrictions if required o qualify this Bond as being " in registered form" within the me ning of Section 149(a) of the federal Internal Revenue Code f 1986 , as amended. Fee u on Transfer or Loss. Th Bond Registrar may require a m nt of a sum sufficient to co�er an tax or other P Y Y governmental harge payable in connection with the transfer or exchange of his Bond and any legal or un�sual costs regarding transfers and lost Bonds. ' Tre tment of Re istered Owner. IThe Issuer and Bond Registrar may treat the Person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as h rein provided (except as otherwise provided with 15 respect to he Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Re istrar shall be affected by notice to the contrary. A thentication. This Bond shall not be valid or become obli atory for any purpose or be 'entitled to any security un ess the Certificate of Authentication hereon shall have been e ecuted by the Bond Registrar. N t Qualified Tax-Exem t Obli ations. The Bonds have not been de ignated by the Issuer as "qu�li ied tax-exempt obligations for purposes of Section 265(b) (3) of the federal Internal Re enue Code of 1986, as amende�. I IS HEREBY CERTIFIED AND REC7TED that all acts, conditions nd things required by the Canstitution and laws of the State o Minnesota and the Charter o the Issuer to be done, to ha pen and to be performed, precedent to and in the issuance of this Bond, have been done, h ve happened and have been perfor ed, in regular and due form, time and manner as required by law, and this Bond, together with all other debts of the Issu r outstanding on the date of! original issue hereof and on the ate of its issuance and delivery to the original purchaser, oes not exceed any constitutional or statutory or Charter lim tation of indebtedness. i 16 � 7 - ��� IN WITNESS WHEREOF� the City of Saint Paul, Ramsey County, Minn sota, by its City Council has caused this Bond to be sealed with its official seal and to be executed on its behalf by t e photocopied facsimile signature of its Mayor, attested by the photocopied facsimile signature of its City Clerk, and ountersigned by the photocopied facsimile signature of its Dire tor, Department of Finance and Management Services. Date of Reg' stration: Registrable by: Payable at: BOND REGIST AR'S CITY OF SAINT PAUL, CERTIFICATE OF RAMSEY COUNT� , MINNESOTA AUTHENTICAT ON This Bond i one of the I . Bonds descr bed in the � within ment oned Mayor Resolution. i Attest: I I City Clerk . Bond Regist ar ,; By Countersigne�d: Authorize Signature � Director, D partment of Finance and Management Services � (SEAL) j General Ob igation Street Improvement Special Assessment Bond, Series 198 , No. R- 17 CERTIFICATE OF REGISTRATION The transfe of ownership of the princi�al amount of the attached Bo d may be made only by the registered owner or his, her or its egal representative last noted below. DATE OF SIGNATURE OF REGISTRATIO REGISTERED OWNER BOND REGISTRAR 18 REGISTER OF PARTIAL PAYMENTS The princip 1 amount of the attached Bon� has been prepaid on the dates a d in the amounts noted below: Signature ofl Signature of Date A ount Bondholder Bond Registrar i � � i - i � If a notati n is made on this register, uch notation has the effect stat d in the attached Bond. Par�ial payments do not require the presentation of the attached Bond to the Bond Registrar, nd a Holder could fail to not�e the partial payment here. I I 19 ABBREVIATIONS The fo lowing abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were writte out in full according to ap�licable laws or regulations TEN COM - a tenants in common TEN ENT - a tenants by the entireties JT TEN - as joint tenants with right of survivorship an not as tenants in common UNIF GIFT M N ACT Custodian (Cust) (Minor) under Uniform Gifts to Minors Act State . dditional abbreviations may also be used though not in the above list. 20 . - I �� _� �cv ASSIGNMENT Fo value received, the undersigned hereby sells, assigns and ransfers unto the within Bond and does hereby irrev cably constitute and appoint attorney to ransfer the Bond on the books ept or e registration thereof, with full power of substitution in the premises. Dated: I N tice: The assignor' s signat�ure to this assignment must correspond with the name as it appears upon the face of the �within Bond in every particular, without �lteration or any change whatever. I Signature G aranteed: i Signature(s must be guaranteed by a nat$.onal bank or trust company or y a brokerage firm having a �nembership in one of � the major s ock exchanges. The Bo d Registrar will not effect ransfer of this Bond unless the nformation concerning the tr nsferee requested below is pr vided. Name and Ad ress: - -- � I (Include information or all joint owners if the Bond is held by joint account. ) I 21 B Replacement Bonds. If the City has notified Holders tha Replacement Bonds have been made available as provided in paragraph 7 , then for every Bond thereafter transferred or exchanged ( including an exchange to reflect the partial pre ayment of a Global Certificate not previously exchanged f r Replacement Bonds) the Bond Registrar shall deliver a c rtificate in the form of the Replacement Bond rather than the Global Certificate, but the Holder of a Global Certificate shall not otherwise be required to exchange the Global Cert ficate for one or more Replacement Bonds since the City recogn zes that some bondholders ma prefer the convenience of the Depository' s register d ownership of the Bonds even hough the entire issue is no longer required to be in global b ok-entry f orm. The Replacem nt Bonds, together with the Bo d Registrar' s Certificate of Authentication, the form of Ass gnment and the registration information thereon, shall be in substantially the following form: ,I �I I I I I I 22 ! UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL, R- $ GENERAL OBLIGATION STREET I PROVEMENT SPECIAL ASSESSMENT BOND� SE�IES 1987 INTEREST MATURITY DAT OF RATE DATE ORIGIN L ISSUE CUSIP April � , 1987 REGISTERED WNER: PRINCIPAL A OUNT: � DOLLARS K OW ALL PERSONS BY THESE PRES�NTS that the City of Saint Paul, Ramsey County, Minnesota ( th "Issuer" or "City") , certifies t at it is indebted and for va ue received promises to pay to t e registered owner specified above, or registered assigns, in the manner hereinafter set f rth, the principal amount spec fied above, on the maturity �ate specified above, unless call d for earlier redemption, an to pay interest thereon sem annually on March 1 and Sept�mber 1 of each year (each, an " nterest Payment Date" ) , comm ncing March 1 , 1988 , at the rate per annum specified above (c�lculated on the basis of a 360-da year of twelve 30-day month ) until the principal sum is paid or has been provided for. T�is Bond will bear interest fr m the most recent Interest P yme•nt Date to which interest ha been paid or, if no interes has been paid, from the date of original issue hereof. The rincipal of and premium, if any, on this Bond are payabl� upon presentation and surrender h reof at the principal office of , i , (the "Bond Registrar" , acting as paying agent, or a y successor paying agent dul appointed by the Issuer. In erest on this Bond will be p id on each Interest Payment Dat by check or draft mailed to the person in whose name this B nd is registered (the "Holde " or "Bondholder") on the registr tion books of the Issuer mai�tained by the Bond Registrar a d at the address appearing t�ereon at the close of business on the fifteenth calendar day p eceding such Interest Payment Dat (the "Regular Record Date") � Any interest not so timely paid shall cease to be payable to�, the person who is the 23 Holder her of as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business o a date ( the "Special Record Date") fixed by the Bond Regis rar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be g'ven to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and intere t on this Bond are payable in lawful money of the United States of America. EFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND ET FORTH ON THE REVERSE HEREOF� WHICH PROVISIONS SHALL FOR L PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. I IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of the Issuer to be done, to h ppen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been perf o ed, in regular and due form� time and manner as required by law, and this Bond, together with all other debts of the Iss er outstanding on the date og original issue hereof and on the ate of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory or Charter lim' tation of indebtedness. I WITNESS WHEREOF� the City of Saint Paul� Ramsey County, Min esota, by its City Council has caused this Bond to be sealed ith its official seal or a f�csimile thereof and to be executed on its behalf by the original or facsimile signature f its Mayor, attested by the original or facsimile signature o its City Clerk, and countersigned by the original or facsimil signature of its Director, Department of Finance and Managem nt Services. �I 24 �' 7 -� �� Date of Reg' stration: Registrable by: Payable at: BOND REGIST AR'S CITY OF SAINT PAUL , CERTIFICATE OF RAMSEY COUNTY, MINNESOTA AUTHENTICAT ON This Bond i one of the - Bonds descr bed in the within ment oned Mayor Resolution. Attest: , City C er Bond Regist ar , By Countersigned: Authorize Signature Director, Department o Finance and Management Services (SEAL) � j I 25 ON REVERSE OF BOND D te of Pa ment Not Business a . If the date for payment of he principal of, premium, i� any, or interest on this Bond s all be a Saturday, Sunday, legal holiday or a day on which ba king institutions in the Ci�y of Chicago, Illinois, or the city where the principal office of the Bond Registrar is located are authorized by law or executive order to close, then the date fo such payment shall be the next succeeding day which is no a Saturday, Sunday� legal holiday or a day on which such anking institutions are authorized to close, and payment on uch date shall have the same force and effect as if made on the nominal date of payment. R dem tion. All Bonds of this issue maturing in the years 1996 0 2008, both inclusive, are 'subject to redemption and prepaym nt at the option of the Issuer on March 1 , 1995 , and on any nterest Payment Date thereafter at a price of par plus accrue interest. Redemption may �e in whole or in part of the Bond subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall e prepaid first; and if only part of the Bonds having a co mon maturity date are called for prepayment, the specific Bo ds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be du and payable on the redemption date, and interest thereon sha 1 cease to accrue from and after the redemption date. N tice of Redem tion. Published notice of redemption shall in ea h case be given in accordance with law, and mailed notice of r demption shall be given to the paying agent (if • other than City officer) and to each affected Holder of the Bonds. In he event a�y of �he Bonds ar� called for redemption, written notice thereof will be given by first class mail mailed not less than thirty (30) days prior to the .redemption ate to each Holder of Bonds to be redeemed. In connection ith any such noticer the "CUSIP" numbers assigned to the Bond shall be used. , . � 26 , Sel ction of Bonds for Redem tion. To effect a partial redem tion of Bonds having a common maturity date, the Bond Registra shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amo nt of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the number� assigned to the Bonds, as man numbers as, at $5 ,000 for each number, shall equal the pri cipal amount of such Bonds to be redeemed. The Bonds to be r deemed shall be the Bonds to which were assigned numbers so se ected; provided, however� that only so much of the principal amount of such Bond of a denomination of more than $5 ,000 s all be redeemed as shall equal $5 ,000 for each number assign d to it and so selected. IE a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer o.r the Bon� Registrar so requires, a w itten instrument of transfe in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereo or his, her or its attorne duly authorized in writing) and he Issuer shall execute ( if necessary) and the Bond Registra shall authenticate and del ' ver to the Holder of such Bond, wi hout service charge, a new ond or Bonds of the same series h ving the same stated maturi y and interest rate and of any au horized denomination or den minations, as requested by uch Holder, in aggregate pr ' ncipal amount equal to and in ex hange for the unredeemed por ion of the principal of the Bond s surrendered. Iss ance; Pur ose; General Obli ation. This Bond is one of an iss e in the total principal am unt of $2 , 280,000 , all of like d te of original issue and te or, except as to number, matu ity, interest rate, denomina ion and redemption privilege, which Bond has been issued pur�uant to and in full conformity with the Constitution and lawslof the State of Minnesota and the Charter of the Issuer, �nd pursuant to a resolution a opted by ' the City Council of � the Issuer on March 17 , 1987 ( the "Resolution" ) , for the purpdse of providing money to finance t e construction of various st�eet improvements in the City. T is Bond is payable out of th� 1987 General Obligation S reet Improvement Special Ass�ssment Debt Service Fund of the Issuer. This Bond constitute a general obligation of the Issue , and to provide moneys for he prompt and full payment of i s principal, premium, if any and interest when the same bec me due, the full faith and c edit and taxing powers of th Issuer have been and are he eby irrevocably pledged. 27 De ominations; Exchan e; Resolution. The Bonds are issuable sol ly as fully registered Bonds in the denominations of $5 ,000 an integral multiples thereof of a single maturity and are exch ngeable for fully registered Bonds of other authorized d nominations in equal aggrega�e princiPal amounts at the princ' pal office of the Bond Registrar, but only in the manner and s bject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description f the rights and duties of the Bond Registrar. Copies of th Resolution are on file in the principal office of the Bond Reg' strar. '�, Tr nsfer. This Bond is transferable by the Holder in Person or by his, her or its attorney duly authorized in writing at t .principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Reqistrar, all subject to t e terms and conditions provi ed in the Resolution and to reaso able regulations of the Issu�r contained in any agreement wi h the Bond Registrar. There�pon the Issuer shall execute and he Bond Registrar shall auth�nticate and deliver, in exchange or this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designati n) , of an authorized denomination or denominations, in aggrega e principal amount equal to the principal amount of this Bon , of the same maturity and bearing interest at the same rate. Whenever ownership of this Bond should be transfer ed under any other circumstance or be registered in nominee name only, the registered o ner of the Bond shall, if an to the extent �equired to ualify this Bond as being "i registered form" within the m aning of Section 149(a) of t e federal Internal Revenue Code of 1986, as amended, and at he direction and expense of t e Issuer, maintain for the I�suer a record of the actual owner of the Bonds. Fe s u on Transfer or Loss. The Bond Registrar may require paym nt of a sum sufficient to co�er any tax or other governmental charge payable in connection with the transfer or exchange of his Bond and any legal or un�sual costs regarding transfers an lost Bonds. ' Tr atment of �e istered Owner. ' The Issuer and Bond Registrar ma treat the person in whose n�me this Bond is registered a the owner hereof for the pu pose of receiving payment as h rein provided (except as oth rwise provided on the reverse side hereof with respect to the R cord Date) and for all other pu poses, whether or not this B nd shall be overdue, and neither he Issuer nor the Bond Regis$rar shall be affected by notice to the contrary. 28 j I Aut entication. This Bond shall not be valid or become obliga ory for any purpose or be entitled to any security unle s the Certificate of Authentication hereon shall have been exe uted by the Bond Registrar. Not Qualif.ied Tax-Exem t Obli ations. The Bonds have not been desi nated by the Issuer as qua i ied tax-exempt obligations" or purposes of Section 265( b) (3) of the federal Internal Reve ue Code of 1986, as amended. ABBREVIATIONS The foll wing abbreviations, when used in the inscription on the face o this Bond, shall be construed as though they were written ut in full according to app�icable laws or regulations: � TEN COM - as enants in common � TEN ENT - as enants by the entireties ' JT TEN - as j int tenants with right of sWrvivorship and ot as tenants in common UNIF GIFT MIN ACT Custodian (Cust) Minor under Uniform Gifts 'to Minors Act State Ad itional abbreviations may a]�so be used though not in the above ]1ist. 29 � 7 �� �U ASSIGNMENT F r value received� the undersigned hereby sells, assigns and transfers unto the w'ithin Bond and does hereby irre ocably constitute and appoint attorney to transfer the Bond on the books ept or e registratio thereof, with full power of substitution in the premises. Dated: N tice: The assiqnor' s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature G aranteed: Signature(s must be guaranteed by a nata�onal bank or trust company or y a brokerage firm having a membership in one of the major s ock exchanges. The Bo d Registrar will not effect transfer of this Bond unless the nformation concerning the transferee requested below is pr vided. Name and Ad ress: (Include inf ormation for all joint owners if the Bond is held by joint account. ) 30 1 . Execution. The Bonds shall be executed on behalf of t e City by the signatures of its Mayor, City Clerk and Directo , Department of Finance and Management Services, each with t e effect noted on the forms of the Bonds, and be sealed with the seal of the City; provid�d, however, that the seal of the City may be a printed or photocopied facsimile; provided fu ther that any of such signatures may be printed or photocopied facsimiles and the corporate' seal may be omitted on the Bonds a permitted by law. In the event of disability or resignation or other absence of any such officer, the Bonds may be signed b the manual or facsimile sig�ature of that officer who may act on behalf of such absent or disabled officer. In case any su h officer whose signature or facsimile of whose signature s all appear on the Bonds sha11 cease to be such officer bef re the delivery of the Bonds, such signature or facsimile s all nevertheless be valid and sufficient for all purposes, t e same as if he or she had remained in office until delivery. 1 . Authentication; Date of R istration. No Bond shall be va id or obligatory for any pur ose or be entitled to any securit or benefit under this resol tion unless a Certificate of Authentication on such Bo d, substantially in the form he einabove set forth, shail ha e been duly executed by an autho ized representative of the B nd Registrar. Certificate of Authentication on differ nt Bonds need not be signed by t e same person. The Bond Registrar shall authenticat the signatures of officers of the City on each Bond by exe ution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided th date on which the Bond is authenticated. For purposes of delivering the original Glob�l Certificates to the Purchaser, he Bond Registrar shall inse�rt as the date of registratio the date of original issue, which date is April 1 , 1987. The ertificate of Authentication so executed on each Bond shall e conclusive evidence that it has been authenticat d and delivered under this resolution. 1 . Re9•istration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond regi ter in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar s all provide for the registration of Bonds and the registratio of transfers of Bonds entitled to be registered or transferred as herein provided. i I 31 A G obal Certificate shall be regist2red in the name of the payee n the books of the Bond Registrar by presenting the Global Ce tificate for registration to the Bond Registrar, who will endo se his or her name and note the date of registration pposite the name of the payee in the certificate of registrati n on the Global Certificate.' Thereafter a Global Certificate m y be transferre�3 t�y �3elivery with an assignment duly executed by the Holder or his, her or its legal representativ , and the City and Bond Registrar may treat the Holder as the person exclusively entitled to exercise all the rights and po ers of an owner until a Global Certificate is presented wit such assignment for registration of transfer, accompanied b assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is registered on said books and notPd thereon by the Bond Registrar, all subject to the terms and conditions provided in the Resolutio and to reasonable regulations of the City contained in ny agreement with, or notice to, the Bond Registrar. . I Tra sfer of a Global Certificat� may, at the direction an expense of the City, be subject to other restrictions ' f required to qualify the Global Certificates as being "in re istered form" within the meaning of Section 149(a) of the federa Internal Revenue Code of 1986, as amended. Up n surrender for transfer of any Replacement Bond at the princi al office of the Bond Regis�rar, the City shall execute ( if ecessary) , and the Bond Regi�trar shall authenticate, insert the date of registration (as provided in paragraph 12) and deliver, in the name of the designated transferee or transferees, one or more new Replacement Bonds of any authoriz d denomination or denominations of a like - aggregate �rincipal amount, having the sarne stated maturity and interest rat , as requested by the transf�ror; provided, however, tha no bond may be registered ir1 blank or in the name of "bearer" r similar designation. Whenever ownership of any Replacement onds should be transferred wXthout surrender of the Replacem nt Bond for transfer or shou�d be registered in nominee name only, the registered owner o� the Replacement Bond shall , if an to the extent required to p eserve the exclusion from gross i come of the interest on the onds and at the direction an expense of the City, mainta n for the City a record of th actual owner of the Replace ent Bond. At the option of the holder of Replacement Bond, Replacement onds may be exchanged for Re lacement Bonds of any authorized d nomination or denominations f a like aggregate principal am unt and stated maturity, upo surrender of the 32 Replacement B nds to be exchanged at the principal office of the Bond Regi trar. Whenever any Replacement Bonds are so surrendered f r exchange, the City shall execute ( if necessary) � a d the Bond Registrar shall authenticate, insert the date of r gistration of, and deliver t e Replacement Bonds which the hol er making the exchange is en itled to receive. Global Certif cates may not be exchanged for Global Certificates f smaller denominations. All Bonds surrendered upon any e�change or transfer provided for n this resolution shall be promptly cancelled by the Bond Regi trar and thereafter disposed of as directed by the City. All Bonds delivered in exchange �or or upon transfer of Bonds shal be valid general obligation� of the City evidencing th same debt� and entitled to �he same benefits under this re olution, as the Bonds surren ered for such exchange or t ansfer. ��, Eve Bond presented or surrendeked for transfer or exchange shal be duly endorsed or be accoimpanied by a written instrument of transfer, in form satisfacto y to the Bond Registrar, du y executed by the holder thereof or his, her or its attorney uly authorized in writing. The Bond Registrar may require p yment of a sum sufficient to cover any tax or other gover mental charge payable in co nection with the transfer or. exchange of any Bond and any legal or unusual costs regarding t ansfers and lost Bonds. Tra sfers shall also be subject to reasonable regula- tions of the ity contained in any agreement with, or notice to, the Bond egistrar„ including regulati ns which permit the Bond Registra to close its transfer book� between record dates and payment d tes. 14. Rights Upon Transfer or Exchange. Each Bond delivered upo transfer of or in exchange �for or in lieu of any other Bond sh 11 carry all the rights to interest accrued and unpaid, and t accrue, which were carried by such other Bond. 15. Interest Payment; Record Date. Interest on any Global Certif cate shall be paid as provid�d in the first paragraph the eof, and i�terest on any Replacement Bond shall be paid on ea h interest payment date by �heck or draft mailed to the person in whose name the Bond is registered (the "Holder") on he registration books of the City maintained by 33 �7 �� �� the Bond Regi trar, and in each case at the address appearing thereon at th close of business on the fifteenth (15th) calendar day receding such interest payment date ( the "Regular Record Date" ) Any such interest not so timely paid shall cease to be p yable to the person who is the Holder thereof as of the Regula Record Date, and shall be payable to the person who is the Ho der thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever mone becomes available for payment of the defaulted interest. No ice of the Special Record Date shall be given by the Bond Regi trar to the Holders not less than ten (10) days prior to the pecial Record Date. The term "Holder" shall also include those lawfully entitled to take actions on behalf of the beneficia owners of the Bonds for purposes of any consent or a�provals iven by Holders. 16. Treatment of Registered Owner. The City and Bond Registra may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving pay ent of principal of and premium, if any, and interest (sub ect to the payment provision in paragraph 15 above) on, su h Bond and for all other pur oses whatsoever whether or no such Bond shall be overdue, ', and neither the City nor the Bond egistrar shall be affected b� notice to the contrary. 17 . Deliver ; ' A lication of Prpceeds. The Global Certificates hen so prepared an execute , sha be delivered by the Direct r, Department of Finance and Management Services, to the Purcha er upon receipt of the purch se price, and the Purchaser sha 1 not be obliged to see to the proper application thereof. 18 . Funds. There is hereby cre�ted a special fund to be designa ed the "1987 Capital Projectl� Fund" (numbered C87 , the "Fun " ) , to be administered and m�intained by the City Treasurer as bookkeeping account separate and apart from all other account maintained in the official financial records of the City. Th Fund shall be maintained in the manner herein specified unt' 1 all of the Bonds and the interest thereon have been fully pa d. There shall be maintained in the Fund two (2) separate acco nts, called herein the "Conskruction Account" and "Debt Service Account, " respectively. (i Construction Account. To the Construction Account here shall be credited the proceeds of the sale of the B nds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $2,241 ,250 34 and less capitalized interest in the amount of $121 ,298.72 (togethe with interest earnings thereon and subject to such oth r adjustments as are appropriate to provide sufticie t funds to pay interest due on the Bonds on or before M rch 1 , 1988) . From the Construction Account there sh 11 be paid all costs and exp�nses of making the Improvem nts listed in paragraph 19 , ncluding the cost of any cons ruction contracts heretofore let and all other costs in urred and to be incurred of he kind authorized in Minne ota Statutes, Section 475.65 , and the moneys in the Cons ruction Account shall be use for no other purpose xcept as otherwise provided y law; provided that the proc eds of the Bonds may also be used to the extent necessar to pay interest on the Bond� due prior to the anticipa ed date of commencement of t�e collection of taxes or special assessments herein c venanted to be levied; nd provided further that if �pon completion of the Impr vements there shall remain a�y unexpended balance in the C nstruction Account, the bala ce may be transfer ed by the Council to the fun of any other improvem nt instituted pursuant to th City' s Charter or Minnesot Statutes, Chapter 429. ( ii Debt Service Account. The e is hereby pledged and ther shall be credited to the De t Service Account (a) coll ctions of special assessment herein covenanted to be le ied, to the extent provided 'n paragraph 20; (b) all accr ed interest received upon de ivery of the Bonds; (c) all unds paid for the Bonds in e cess of $2 ,241 ,250; (d) capi alized interest in the amoun of $121 ,298.72 (togethe with interest earnings ther on and subject to such oth r adjustments as are appropr'ate to provide sufficie t funds to pay interest due bn the Bonds on or � before M rch 1 , 1988) ; (e) any collections of all taxes which ma hereafter be levied in the event that the special ssessments herein pledged to the payment of the Bonds an interest thereon are insufficient therefor; ( f) all fund remaining in the Construction Account after completi n of the Improvements and payment of the costs thereof, not so transferred to the ac�ount of another improvem nt; and (g) all investment earnings on funds held in the D bt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter iss ed by the City and made payable from the Debt Service Accou t as provided by law, or to pay any rebate due to 35 the United St tes. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments o to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasona le temporary period until su,ch proceeds are needed for th purpose for which the Bonds were issued, and (2) in addition t the above in an amount not greater than the lesser of fiv percent (5�) of the proceeds of the Bonds or $100,000. To this effect� any sums from time to time held in the Fund or i the Debt Service Account (or any other City fund or account wh'ch will be used to pay prinqipal or interest to become due o the bonds payable therefrom) in excess of amounts which under t e applicable federal arbitr�ge regulations may be invested wit out regard as to yield shallinot be invested at a yield in exce s of the applicable yield r strictions imposed by said arbitra e regulations on such invest ents after taking into account ny applicable "temporary pe iods" or "minor portion" mad available under the federal�arbitrage regulations. In addition, the proceeds o the Bonds and money in the Fund r in the Debt Service Accoun shall not be invested in ligations or deposits issue by, guaranteed by or insured by t e United States or any agenc or instrumentality thereof if a d to the extent that such in estment would cause the Bonds to be "federally guaranteed" wi hin the meaning of Section 149( ) of the federal Internal Re enue Code of 1986 , as amended (the "Code" ) . 19 . Assessments; Coverage Test The City Council has heretofo e determined, and does hereb� determine, to proceed with the Improvements and special assessments with respect ther to under the provisions of t e Charter of the City, rather than the provisions of Minne ota Statutes, Chapter 429. It is ereby determi�ed that no les� than twenty percent (20$) of the cost to the City of each Imp�ovement financed hereunder wi hin the meaning of Minnesota Statutes, Section 475.58, Subd vision 1(3) , shall be paid b� special assessments to be levied against every assessable lot,, piece and parcel of land benefit d by the Improvements. The ity hereby covenants and agrees t at it will let all construct�on contracts not here- tofore let w thin one year after ordering' each Improvement financed her under unless the resolution rdering the Improvement pecifies a different time li it for the letting of construction contracts and will do and perform, as soon as they may be done, all acts and things necessar� for the final and valid levy o such special assessments, and in the event that any such ass ssment be at any time held i valid with respect to any lot, pie e or parcel of land due to a�y error, defect, or irregularity in any action or proceedings taken or to be taken by the City r this Council or any of the, City officers or 36 , . �7��5�G, employees, ei her in the making of the assessments or in the performance o any condition precedent thereto, the City and this Council ill forthwith do all further acts and take all further Proce dings as may be required by law to make the assessments a valid and binding lien upon such property. The special asses ments have not heretofore be�en authorized, and accordingly, or purposes of Minnesota Statutes, Section 475.55, Subdi ision 3, the special assessments are hereby authorized. ubject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessmen s are hereby authorized and it is hereby determined th t the assessments shall be payable in equal, consecutive, nnual installments, with gen�ral taxes for the years shown b low and with interest on the declining balance of al.l such asse sments at a rate per annum approximately one percent (1�) er annum in excess of the net effective rate of interest on t e Bonds: Improvement Collection Designation Amount Levy Years Years . Dale/Hoyt $ 536 ,000 1987-2006 1988-2007 Otis Avenue 14,000 for all for all Arcade/Minneh ha 274,000 , Seventh/Frank 433 �000 Maryland/Furn ss 777 ,000 Annapolis/Con ord 147 ,000 Case/Westmins er 100,000 TOT L $2,281 ,000 The special assessments shall be such that if collected in ull they, together with estimated collections of other revenue herein pledged for the payment of the Bonds, will produce t least five percent (5�) in excess of the amount needed to mee when due the principal and interest payments on the Bonds. A the time the assessments are in fact levied the City Council hall, based on the then current estimated col- lections of t e assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continue to be in compliance with Minnesota Statutes, Section 475.6 , Subdivision 1. 20. Limit on S ecial Assessments Pled ed. The City Council hereb finds, determines and declares that the payment of the Bonds oes not require the pledqe o all the special assessments w ich may be levied with respe t to the Improvements dentified in paragraph 19 , and that it is necessary, pr per and expedient to provide that payments and 37 prepayments o special assessments in excess of the debt service requ' rements of the Bonds be put to use for other purposes soon r than upon the termination of the Debt Service Fund. Only $2,281 ,000 original principal amount of the special assessments, nd interest thereon, recognized in paragraph 19 of this Reso ution are or shall be pledged to the payment of the Bonds, an payments of, or with respect to� such special assessments in excess of said $2 ,281 ,000 shall be credited instead to th City' s Fund 220 , Activity 42150, and used for the purposes of said fund and activity, as follows: (a) until such time as the special assessments from time to time outstanding qual in original principal amount $2 ,281 ,000 or less, prepay nts of any of the special assessments recognized in paragraph 19 shall be treated as prepayments of the portion of the speci 1 assessments not pledged to the Bonds and shall be credited ' nstead to Fund 220, Activity 42150 � and used as provided abo e, and (b) while the special assessments from time to time outs anding equal in original principal amount $2,281 ,000 o more, reqular installment payments made on $2 ,281 ,000 o iginal pcincipal amount of the special assessments shall be cre ited to the Debt Service Account, and regular installment ayments on that portion, if any, of the remaining assessments ' n excess of said $2 �281 ,000 shall be credited to Fund 220� Ac ivity 42150 � and used as provided above. 21. Tax Levy. If taxes are levied as provided in the final pa t of paragraph 19, the tax levies shall be irrepealable so long �s any of the Bonds are outstanding and unpaid, prov' ded that the City reserves the right and power to reduce the 1 vies in �he manner and to the extent permitted by Minnesota St tutes, Section 475 .61, Subdivision 3. 22. General Obligation Pledge. For the prompt and full payment of the p�incipal and interest on the Bonds, as the same respect'vely become due, the full faith, credit and taxing powers of th City shall be and are hereby irrevocably pledged. If the balan e in the Debt Service Account is ever insufficient to pay all p incipal and interest then due on the Bonds payable therefrom, t e deficiency shall be promptly paid out of any other funds f the City which are available for such purpose� including th general fund of the City, and such other funds may be reimb rsed with or without interest from the Debt Service Acco nt when a sufficient balance �! is available therein. , 38 �� -� �v 23. Certificate of Registration. The Director, Department of Finance and Management Services, is hereby directed to file a certified copy of this Resolution with the County Audit r of Ramsey County, Minnesot�, together with such other information as the Auditor shall re uire, and to obtain the Auditor' certificate that the Bonds �ave been entered in the Auditor' s Bond Register. I , 24. Records and Certificates. he officers of the City are her by authorized and directed t prepare and furnish to the Purch ser, and to the attorneys ap roving the legality of the issuance of the Bonds, certified c pies of all proceedings d records of the City relat�ng to the Bonds and to the finan ial condition and affairs of � the City, and such other affidavits, certificates and informa�tion as are required to show the acts relating to the legalit and marketability of the Bonds as the same appear from the boo s and records under their custod and control or as otherwise known to them, and all such cer ified copies, certificates a d affidavits, in- cluding any eretofore furnished, shall b deemed represen- tations of t e City as to the facts recit d therein. 25. Ne ative Covenant as to Use of Im rovements. The City hereby ovenants not to use the proc eds of the Bon s or to use the I provements, or to cause or p rmit them or any of them to be u ed, or to enter into any def rred payment arrangements for the cost of the Improvem nts, in such a manner as to cause he Bonds to be "private acti ity bonds" within the meaning of S ctions 103 and 141 through 1 0 of the Code. 26. Tax-Exem t Status of the Borhds; Rebate. The City shall comply with requirements necessary n er e ode to establish an maintain the exclusion from � gross income under Section 103 f the Code of the interest on the Bonds� including without limi ation requirements relating to temporary periods for investme ts, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment e rnings to the United States. 27. No Designation of Qualified Tax-Exempt Obligations. The Bonds exceed in amount those which may be qualified as "qualified tax-exempt obligakions" within the meaning of S ction 265(b) (3) of the Code, ', and hence are not designated f r such purpose. ', 39 ! N�HITE - CITV CIERK � PINK - FINANCE TF+ COI1flCII 4�_ /� l/ CANARV - DEPARTMENT G I TY OF SA I NT 1 A'UL File NO. �+ "�•r� BLUE - MAYOR ✓ � Council Resolut�on Presented By Referred To Committe�e: Date Out of Committee By Date 28. Depository Letter Agreement, The Depository Letter Agree ent is hereby approved� and �hall be executed on behalf of th City by the Mayor, Clerk an� Director, Department of Finance a d Management Services, in sul�stantially the form approved, wi h such changes, modification�, additions and deletions as shall be necessary and appropriate and approved by the City Att rney. Execution by such officers of the Depository L tter Agreement shall be conc�usive evidence as to the necessit and propriety of changes an their approval by the City Att rney. So long as Midwest Se�urities Trust Company is the Depos tory or it or its nominee is'� the Holder of any Global Certi icate, the City shall comply with the provisions of the Depos tory Letter Agreement, as it may be amended or supplemented by the City from time to tim with the agreement or consent o Midwest Securities Trust Co pany. 29. Severability. If any secti�on, paragraph or provision of this resol!ution shall be hel�d to be invalid or unenforceabl for any r�eason� the invalid�ity or unenforce- ability of s ch section, paragraph or pravision shall not affect any o the remai;ning provisions of' this resolution. 30. Headings. Headings in this� resolution are included fo convenience of reference onl,y and are not a part hereof, and shall not limit or define the� meaning of any provision h reof. , I I � COUNCILMEN Requested by Department of: Yeas Drew Nays � ""E°"'' In Favor Financ & Man eme Services Rettman � Scheibel Sonnen � __ Against BY Tedesco Wilson Adopted by Council: Dat �R 17 1987 Form App oved City Att ne, " B ✓ � Certified P•s• Council re Y sy� Approve b Mavor: Date �1AR 19 1981 Approv d by May r r Submissio o Council By _ _ sy � IISNE� �p�� t� 1987 r � J �' � � , SPRINGSTED i`vC RPORATEC Exhibit A � ' , p�:t�;c F�nanro r';d�.�is rs 8�East Seventh Plac ,Suite 100 , Sair.t Paoi,�1�nn2sota 55101•2?d3 ,I ; S?2 223•3000 $2�28��000 CITY 4F SAINT PAUL, MINI�ES A GEPERAL OBLIGATION STREET IINI�ROVEMENT SPECIAL AS ESSMENT BONDS, SERIES 1987 AWARD: TF-E NORTF-ERN TRUST COMPA PR DENTIAL�ACi-� SECURITIES INCO PORATED BLUNT, ELLIS 8� LOEWI, INCORP ATED And Associates SALE: March 16, I987 Moody's Rating: Aa S 8�P•s Rating: AA+- Interest Netlnteres? Bidder ftates Price Cost & Rate � THE NORTHERN TRUST MPANY 6.5090 1989-1990 � $2,241 ,250.00 $1 ,583,860.42 PRUDENTIAL-BACHE SE RITIES 5.30% 1991 (6.034903%) BLUNT, ELLIS & LOEWI, 5.00% 1992-1993 - INCORPORATED 5. 10% 1994 MBank Capital Markets 5.3090 1995 The Connecticut Bank & Tr st 5.40% 1996 Company, N.A. 5.60°� 1997 George K. Baum & Compan 5.75% I998 A. Webster pougherty & C ., 5.909'0 1999 Incorporated 6.00% 2000 First of Michigan Corporati n 6.10� 2001 UMIC, Inc. 6.2596 2002-2007 ' Westcap Securities, Incorpo ated 5.00% 2008 Ferris & Company Incorpor ted ; Advest, Inc. � CHASE MANHATTAN CAP TAL 6.00� 1989-1990 $2,242,479.55 $1 ,614,820.45 MARKETS CORPORATI N 4.50°6 1991 (6.152896) HARRIS TRUST AND SAVI GS BANK 4.7596 1992 NORWEST INVESTMENT S RVICES 5.0096 1993 L.F. ROTHSCHILD, UNTE BERG, 5.2096 1994 TOWBIN, INC. 5.40% 1995 : CLAYTON BROWN & ASS CIATES, 5.50% I 996 ` 1NCORPORATED 5.60% I997 � MARINE MIDLAND BANK, N.A. 5.70°�0 1998 ! InterFirst Bank Dallas, N.A 5.809'0 1999 ' The First National Bank of aint Paul 5.90°�'0 2000 � � First Wisconsin National B k of ! 6.009'0 2001 Milwaukee 6. I0% 2002 4 Matthews & Wright, Inc. �I 6.2090 2003 ' Griffin, Kubik, Stephens & hompson, 6.309'0 2004 Incorporated o.40% 2005 J.C. Bradford & Co. 6.50°�'0 2006-2008 First National Bank of Atla ta Fleet National Bank (continued} � I � � SMITH BARNEY, HARRIS UPHAM 8� 4. 10% 1989 $2,242,707.75 $1 ,615,036.21 � COMPANY 4.40% 1990 (6.1536919i6) SHEARSON LEHMAN BROTHERS INC. 4.659'0 1991 DEAN WITTER REYNOLDS 4.85� 1992 INCORPORATED 5.0090 1993 Boettcher & Company, Inc. 5.20°�o I994 5.40� 1995 5.60% I996 5.75% 1997 � � 5.90% 1998 6.009b 1999 6. I0% 2000 6.20% 2001 6.309b 2002 6.359b 2003 6.4096 2004 6.459b 2005 - 6.25% 2006-2008 CITICORP INVESTMENT BANK 4.2096 1989 $2,249,775.00 $1 ,616,056.70 THE FIRST BOSTON CORPORATION 4.50% 1990 (6.1575°�'0) BANK OF A MERI CA, NT & SA 4.70% I 99 I First interstate E3ank of California 4.909b (992 Manufacturers Hanover Trust Company 5. 10% 1993 Ehrlich-Bober & Company, lncorporated 5.30� 1994 - Bank of Boston 5.4096 1995 Thomson McKinnon Securities, 5.60% 1996 Incorporated 5.70% I997 The Chicago Corporation 5.809'0 1998 Howard, Weil, Labouisse, Friedrichs 5.90% 1999 Incorporated 6.0096 2000 Marine 3ank, N.A. 6. 109b 2001 • Moseley Securities Corp. 6.20°� 2002 Roosevelt & Cross, Incorporated 6.30% 2003 Rotan Mosle Inc. 6.40% 2004-2005 R.W. Corby & Company, Inc. 6.509'0 2006-2008 E.A. Moos & Co. Inc. � Purcell, Graham & Company, inc. Arch W. Roberts & Co. State Street Bank and Trust Company CONTINENTAL ILLINOIS NATIONAL 4.00% 1989 $2,242,921 .75 $1 ,617,887.62 BANK AND TRUST COMPANY OF 4.25�b I990 (6.164556%) CHICAGO 4.50� 1991 - ' THE FIRST NATIONAL BANK OF 4.7596 1992 CHICAGO 5.00% I993 DREXEL BURNHAM LAMBERT 5.20°�0 1994 INCORPORATED 5.40% 1995 P1PER,.JAFFRAY & HOPWOOD 5.50% I 996 ' INCORPORATED 5.7090 I997 _ The Bank of California, NA 5.80% 1998 Williarn Blair & Company 6.0090 1999 CoreStates Capital Markets Group 6. 1096 2000 Hutchinson, Shockey, Erley & Company 6.2096 2001 Mercantile Trust Company NA 6.30°X� 2002-2003 American National Bank Saint Paul 6.40% 2004-2008 � (cont i nued) �7-� �U . ' First Charlotte Corporatio - In Association With - KIDDER, PEABODY & CO PANY, INCORPORATED Dougherty, Dawkins, Stran & Yost, Incorporated McDonald & Company Secu ities, Inc. Newhard, Cook & Co., Inco porated Peterson Financia) Corpora ion William E. Pollock & Co., I c. CHEMICAL BANK 5.00% 1989-1993 $2,243,840.00 $1 ,631 , 161 .00 PAINEWEBBER INCORPO ATED 5.20% 1994 (6.21513%) NATIONAL WESTMINSTER BANK USA' 5.40� 1995 Shawmut Bank of Boston, N A. , 5.6096 1996 Wachovia Bank & Trust Co pany, N.A. , 5.759'o I 997 Miller & Schroeder Financi I, ' S.90% 1998 Incorporated 6.00�'o I999 6.20� 2000 6.30% 2001 6.375%2002-2008 ------------------------ --------------------------------- ------------------------------ OFFERING SCHEDULE OF THE PU CHASER Rate Year ield 6.50% I 989 4 10°�'0 6.SOg'o 1990 4 35% 5.3090 1991 -4 60�'0 5.00% 1992 4 80% 5.009'0 1993 ar 5.10% 1994 5 1596 5.30% 1995 ar 5.409'0 ' I 996 5 45% 5.60% 1997 ar 5.759'0 1998 ar 5.9096 I999 ar 6.0096 2000 ar � 6.I 09b 200 I 6 I 5�6 6.259'0 2002 ar 6.25� 2003 6 35% 6.25% 2004 6 409�6 6.259'0 . 2005 6 4596 6.259b 2006 6 509b 6.2590 2007 6 50% 5.00% 2008 6 5596 BBI: 6.61 ' Average Maturity: I I.51 Years � � i � � . � � , I