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271451 WHITE - CITV CLERK � � � PINK - FINANCE G I TY OF SA I NT PAU L Council ����� CANARV - DEPARTMENT File NO. . BLUE - MAVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED� That the Council of the City of Saint Pau1 does hereby approve agreement with The First National Bank of Saint Paul designating the bank as paying agent for the Water Revenue Bonds of 1978, Series 1, dated July 1, 1978, and the proper City officers are hereby authorized and directed to execute the agreement on behalf of the City of Saint Paul. COUNCILMEN Requested by Department of: Yeas � Nays Finance and Managem Services H� [n Favor Htint � LAVk�s M� __ Against BY D rector ShowalaR ��� ,�`, `� � ��i Form Approved by Ci y Attorne Adopted b�uncil: Date Certi�ed Passe y C�n �i . cretary BY / � JU App by Mayor. t _ Appr v by Mayor for Su 'ss to Council By �— BY QUBL�s�EO JUL 2 `� �'� �' � . � ������ 52,950,000 CITY OF SAINT PAUL WATER REVENUE BONDS OF 1978, SERIES 1 DATED July 1, 1978 AGREEMENT RELATING TO PAYING AGENCY THIS AGREEMENT, Made this day of , 1978, by and between THE FIRST NATIONAL BANK OF SAINT PAUL (the bank� and the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota (the Municipality); WITNESSE7H, THAT WHEREAS: �� A. The Municipality has authorized the issuance of $2,950,000 City of Saint Paui Water Revenue Bonds of 1978, Series 1, Numbered l to 590, inclusive, hereinafter referred to as Obligations; and • _. B. The Bank and Municipality desire to state the terms and conditions by which the Bank shall serve as paying agent for the Obligations; N�W, THEREFORE, In consideration of the premises and of the mutual agreements herein contained, it is agreed by the Bank and the Municipality as follows: 1. The Municipality hereby appoints the Bank as agent to perform the duties herein described, and the Bank hereby accepts such appointment. This ' agreement shall be in force for the full term of the Obligations. 2. The Bank will enter into a Co-Paying Agency Letter Agreement with the Chase Manhattan Bank of New York, which Letter Agreement will provide that the Chase Manhattan Bank, N.A. of New York, wi11 pay principal and interest on the Obligations as they are due and will receive payment therefor . ������ from the Bank, the terms and conditions for such services to be set forth in the said Co-Paying Agency Letter Agreement, a copy of which shall be attached hereto as Exhibit B. 3. In the performance of its duties as such paying agent, the Bank shall : (a) Keep true and accurate accounts of the outstanding principal balances of the Obligations. (b) Not less than forty-five (45) days before the due date of any principal of or interest on the Obligations, send a statement to the Municipality of the amount which will be required to pay the principal of and interest on the Obligations on such date. (c) With the funds received from the Municipalit�r, pay such of the principal of and interest on the Qbligations as are due on the stated payment dates, upon pr�sentation of the Obligations or coupons for payment. (d) Forthwith upon presentation and payment of Obligations or coupons, cancel the same by per- ' -� foration or other appropriate means, and forward to Municipality all cancelled bonds and coupons at 7east once monthly. (e} At least once monthly, forward to the Munic:pality a statement showing remaining balances, receipts and disbursements for the payment of the principal , interest and call premiums, if any, of the Obligations. 4_ The Municipality shall : (a� Remit to the Bank not later than one day before the payment date of any of the principal of or interest on the Obligations the sum declared by the Bank to � be needed for payment of the Obligations and coupons due on said date. (b) Pay to the Bank its fees and charges for services performed which are ten cents ($0.10� per coupon due and one dollar and twenty-five cents {$1.25) per five thousand dollar bond due. The fees and charges of said Bank shall in no event become a tg) � � � 2'����� charge against the funds remitted by the P�unicipal- ity for payment of principal of and interest on the Obligations. 5. The Bank shall not be required to pay interest on any funds of the Municipality for any period during which such funds are held . by the Bank awaiting presentation of Obligations or coupons for payment. 6. In the event that the Municipality shall call any Obligations for redemption, the responsibility for notifying the holders of the Obligations of such call shall rest solely with the Municipality, and Bank does not by this Agreement undertake any responsibility or assume any obligation to notify holders known or unknown of ,any such call for � redemption. 7. With respect to �oupons or Obligations payable to bearer, the bank may treat the bearer or presenter of any such coupon or . _ Obligation as the owner thereof, and such bearer or presenter shall be conclusively presumed to be a person authorized to receive payment � therecf •regardless of whe�her or not any other person may assert a claim to, or ownership of, or an interest in any such Obligation or coupon. 8. The Municipality may issue registered bonds to replace any existing bearer bonds and the registration shall be as to both principal and interest. In the event registered bonds are issued, Municipality shaTl maintain the registration books and shall pay principal and interest to such registered holder. Any principal and interest which shall be shown as registered in the books of Municipality shall be reduced from the �3) 1. • • . � � �`��4�� statements to be submitted by the Bank to Municipality as set forth in Paragraph 3(b) above, and the Bank shall not be accountable for such principal and interest. 9. The Bank shall not be liable for any loss arising out of any act or omission of the Municipality or any officer, employee or agent thereof. � 10. The Bank shall not pay any claims for alleged lost or destroyed Obligations or coupons unless duplicates have been issued by the Municipality in accordance with the law and the Bank has been notified by the Municipality of such issuance of said duplicates. The Bank shall not be responsible for any duplicate payment resulting from the issuance of such duplicates. 11. The Bank shall not pay any Obligation or coupon after the • _. statute of iimitations for the payment thereof has barred the claim therefor, and any funds remaining in the possession of the Bank for payment of Obligations or coupons on which the statute of limitations has runshall be returned to the Municipality upon the execution by the Municipality of an indemnity agreement in form satisfactory to the Bank. IV WITNESS WHEREOF, The municipality and the Bank have caused . this Agreement to be executed in their respective names by their duly authorized representatives in two counterparts, each of which shall be deemed an original . Approved as to Form: CI OF SAINT PAU � B ;Seal ) yor THE �IRST NATIONAL BANK 0� SAINT PAUL (Seal ) by andeMana'e�entrServices Finance ssis an ice resi ent 9 ' 4M tJl: Ia�l.9'f 5_ �' _ , Re"v..: 9,�8/�6 , , ; ,, _ S �� �._.. :' � • /�y��,r�� '.' f .� F ', EXP.LANAT�OIQ OF ADMINISTRA`Y'IVk O�t1�TiR$r ` ` � : RESOLUT�ONS, A�i�RDINANCES ���'�:����� . : �°�-'"` , . ��.�' .� �.� ; �. �EC� lV_� � � Date: �e 29� 1978 JUL6' - 197$ , .�►'�� ��T���,�.-' '�� � 1 fg�:., � �� � 3�: TO: MAYBR GEORGE LATIMER ,.' � ��. � , ... . � . . .. � . . t.,; FR: ry M 8s�a�rd J. ��rlsc�, D�,r�tor �J ' , _ �a��� a� Fi.aaace �-Mgnat Servicet8 /�I�,�. ' . . � � _RE: ..�; _ � . , ., : .:. .. _: , ,, ,� :,� ,� _ '' �ap�a8"�Senct;:�reeme�nt - �taC�r ��ve��s~B�i� �f=�8,�.,��.�i� '�s ..; h � �,.: � , ; , 4�i c�ated 3�i�r 1,. Y9�8 . � � - , . _ACTIaI��R$Qt��ST813 s � . . ` .; , _ Apgrove �eiaolu��:on'desig�atiug Payit�g Ageat i°or the 7.�78 wate�`.I�i�.lit3r Riavegue Baud 3asue , , . _ ,.. J _ , - . ,� PURPt3SE A�Tt1� �.XT2S)NALE 80�: 'THIS AGT.I�Nt ` �b provida `g' �ient proces� for preeeata.tio�. oF-as�d pay�t fuf:m��,c�al _ debt iastrus�t�t'; at mattirity. `:� f� . . �. � . , :. � �... , ; ��� �� � � � � � � � ,.�.; 7�. .. . . �. : . . _ . . ' .. '� . Y .'.�. . .. . . . . . � . . . . . . . � . . . ... . ,.a;���: . � . . . . .. . . . . , . . . . _ . . . '; . - � ' . � � . �. . � . . - . - . � .- . .;�� ATT74C'FIMEDiT3: f;s } , , �. Resal�on s�nd'�asaPle df P�Y'i,ag �ageat agreemeaC. , _ � , - 1 ..� _ ', :,. ,: �, , . ,. . `- : , . ,. �,,,. . ... - . . . .� . � ' , . ` , - ks ' . ' . . . . . . , e # r�