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02-160Am �Y.a� _�= eb . a't , ao o a, �., p -° g ' _ a�.��,1. ._.., Presented By Referted To Committee: ACCEPTING PROPOSAL ON SALE OF APPROXINIATELY $2,915,000 GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 2002B, PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the Director, Office of Financial Services, has presented proposals received for the sale of approximately $2,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B (the "Bonds"), of the City of Saint Paul, Minnesota (the "City"); and WHEREAS, the proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Springsted Incorporated at 1030 A.M., Central Time, this same day; and WHEREAS, the Director, Office of Financial Services, has advised this Council that the proposal of v,.s, r •, � �,�as found to be the most advantageous and has recommended that said proposal be accepte , and WHEREAS, the City Council of the City has heretofore determined that it is necessary and expedient to provide moneys for a current refunding of (1) the outstanding bonds of the General Obligation Street Improvement Special Assessment Bonds, Series 1991B, dated March l, 1991, as the date of original issue (the "Prior 1991 Bonds"), which are callable on March i, 1999, and on any day thereafter, and (2) the outstanding bonds of the General Obli?ation Street Improvement Special Assessment Bonds, Series 1992B, dated March l, 1992 as the date of original issue (the "Prior 1992 Bonds"), which are callable on March 1, 2000, and on any day thereafter; and WHEREAS, the Prior 1991 Bonds and Prior 1992 Bonds are collectively the "Prior Bonds"; and WHEREAS, refunding with the proceeds of the Bonds the outstanding Priar Bonds maturing after March 1, 2002, for payment on April 1, 2002, is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service costs; and WHEREAS, the proceeds of the Bonds will also finance certain street improvements to be specially assessed, for which the City is proceeding pursuant to its Charter and not Minnesota Statutes, Chapter 429, with any excess to be used for any other puxpose permitted by law; and Pa�� S � � 3 , '-t , � � } a� � a � � 3 0 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # � e1 ` � �.� Green Shee[ # �� s e_� '30 1377608v2 o�. • tc.o WHEREAS, the City has heretofore issued registered obligations in certificated form, and incurs substantial costs associated with their printing and issuance, and substantial . continuing transaction costs relating to their payment, transfer and exchange; and WHEREAS, the City has detemiined that significant savings in transaction costs will result from issuing bonds in "giobal book-entry form", by which bonds aze issued in certificated form in lazge denominations, registered on the books of the City in the name of a depository or its nominee, and held in safekeeping and immobilized by such depository, and such depository as part of the computerized national securities clearance and settlement system (the "National System") registers transfers of ownership interests in the bonds by making computerized book entries on its own books and distributes payments on the bonds to its Participants shown on its books as the owners of such interests; and such Participants and other banks, brokers and dealers participating in the National System will do likewise (not as agents of the City) if not the beneficial owners of the bonds; and WfIEREAS, "Participants" means those financial institutions for whom the Depository effects book-entry transfers and pledges of securities deposited and immobilized with the Depository; and WFIEREAS, The Depository Tnxst Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors or successors to its functions hereunder (the "Depository"), will act as such depository with respect to the Bonds except as set forth below, and the City has heretofore delivered a letter of representations (the "Letter of Representations") setting forth various matters relating to the Depository and its role with respect to the Bonds; and WHEREAS, the City will deliver the Bonds in the form of one certificate per maturity, each representing the entire principal amount of the Bonds due on a particular maturity date (each a"Global Certificate"), which single certificate per maturity may be transferred on the City's bond register as required by the Uniform Commercial Code, but not exchanged for smaller denominations unless the City determines to issue Replacement Bonds as provided below; and WHEREAS, the City will be able to replace the Depository or under certain circumstances to abandon the "global book-entry form" by 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 certificates representing the Bonds so authenticated and delivered by the Bond Registrar pursuant to paragraphs 6 and 12 hereof; and WHEREAS, "Holder" as used herein means the person in whose name a Bond is registered on the registration books of the City maintained by the registrar appointed as provided in paragraph 8(the "Bond Registraz"); and WHEREAS, Rule 15c2-12 of the Securities and Exchange Commission prohibits "participating undenvriters" from purchasing or selling the Bonds unless the City undertakes to provide certain continuing disclosure with respect to the Bonds; and WHEREAS, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), public sale requirements do not apply to the Bonds if the City retains an independent financial 1377608v2 Z Amcv.�.c� po�� - t'�b. �.*1� �oo� advisor and determines to sell the Bonds by private negotiation, and the City has instead authorized a competitive sale without publication of notice thereof as a form of private negotiation; and VJHEREAS, proposals for the Bonds have been solicited by Springsted Incorporated pursuant to an Official Statement and Terms of Proposal therein; and oa- ��� WHEREAS, in the Terms of Proposal relating to the Bonds the City reserved the right to increase or decrease the issue size from the proposed $2,915,000 by not to exceed $75,000, and to adjust the purchase price so that the adjusted purchase price bears the same ratio to the adjusted principal as the proposal beazs to $2,915,000; and WHEREAS, the City has detemuned not to adjust the principal amount from the proposed $2,915,000: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of U.S. Bancorp Piper Jaffray Inc. (the "Purchaser") to purchase $2,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest hereinaRer set forth, and to pay therefar the sum of $2,891,680, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Director, Office of Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to forthwith retum to the others making proposals their good faith checks or drafts. 2. Title• Originai Issue Date' Denominations; Maturities. The Bonds shall be titled "General Obligation Street Improvement Special Assessment Bonds, Series 2002B", shall be dated March 1, 2002, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward. Global Certificates shall each be in the denomination of the entire principal amount maturing on a single date, or, if a portion of said principal amount is prepaid, said principal amount less the prepayment. Replacement Bonds, if issued as provided in paragraph 6, shall be in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on March 1 in the years and amounts as follows: i3�76osvz A�.4..�.<J Pa��. -�= ti. aZ, aa�� 01_�40 Yeaz 2003 2004 2005 2006 2007 2008 Amount $380,000 255,Q�Q 245,000 235,000 230,000 225,000 Year 2009 2Q10 2011 2012 2013 2014 Amount $220,000 215,000 210,000 205,000 125,000 370,000 3. Purpose; Fin�. The Bonds in part shall provide funds for the construction of various street improvements (the "Improvements") in the City, and any excess construction funds shall be devoted to any other purpose permitted by law. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds availabie for this purpose. Work on the Improvements shall proceed with due diligence to completion. The Bonds (together with other available fixnds in the Debt Service Funds created for the Prior Bonds) in part shali also provide funds for a current refunding of all of the outstanding Prior Bonds matuiing after 2002 (which callable Prior Bonds are herein also referred to as the "Refunded Bonds"). The Prior Bonds were issued to finance the costs of various street improvements (the "Priar Improvements ). It is hereby found, determined and declared that this refunding of the Prior ,� Bonds is pursuant to Minnesota Statutes, Section 475.67, and is necessary or desirable for the reduction of debt service costs. 4. Interest The Bonds shall bear interest payable semiannually on March 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Year 2003 2004 2005 2006 2007 2008 Interest Rate 1.450% 2.200 2.700 3.000 3350 3.550 Maturity Year 2009 2010 2011 2012 2013 2014 Interest Rate 3.750% 3.900 4.000 4.000 4.125 4375 5. Description of the Global Certificates and Global Book-Entrv Svstem. Upon their original issuance the Bonds will be issued in the form of a single Global Certificate for each maturity, deposited with the Depository by the Purchaser and immobilized as provided in para�aph 6. No beneficial owners of interests in the Bonds will receive certificates representing their respective interests in the Bonds except as provided in paragraph 6. Except as so provided, during the term of the Bonds, beneficial ownership (and subsequent transfers of " 1377608v2 4 aa . lc.o beneficial ownership) of interests in the Global Certificates will be reflected by book entries made on the records of the Depository and its Participants and other banks, brokers, and dealers participating in the National System. The Depository's book entries of beneficial ownership interests are authorized to be in increments of $5,000 of principal of the Bonds, but not smaller increments, despite the larger authorized denominations of the Global Certificates. Payment of principal of, premium, if any, and interest on the Global Certificates will be made to the Bond Registrar as paying agent, and in tum by the Bond Registrar to ttie Depository or its nominee as registered owner of the Global Certificates, and the Depository according to the laws and rules goveming it will receive and forward payments on behalf of the beneficial owners of the Global Certificates. Payment of principal of, premium, if any, and interest on a Global Certificate may in the City's discretion be made by such other method of transferring funds as may be requested by the Holder of a Global Certificate. 6. Immobilization of Global Certificates bv the Depositorv: Successor Depository; Replacement Bonds. Pursuant to the request of the Purchaser to the Depository, which request is required by the Terms of Proposal, immediately upon the original delivery of the Bonds the Purchaser will deposit the Global Certificates representing ali of the Bonds with the Depository or its agent. The Giobal Certificates shall be in typewritten form or otherwise as acceptable to the Depository, shall be registered in the name of the Depository or its nominee and shall be held immobilized from circulation at the offices of the Depository or its agent on behalf of the Purchaser and subsequent bondowners. The Depository or its nominee will be the sole holder of record of the Global Certificates and no investor or other party purchasing, selling or otherwise transferring ownership of interests in any Bond is to receive, hold or deliver any bond certificates so long as the Depository holds the Global Certificates immobilized from circulation, except as provided below in this pazagraph and in paragraph 12. Certificates evidencing the Bonds may not after their original delivery be transferred or exchanged except: (i) Upon registration of transfer of ownership of a Global Certificate, as provided in pua�raph 12, (ii) To any successor of the Depository (or its nominee) or any substitute depository (a "substitute depository") designated pursuant to clause (iii) of this subparagraph, provided that any successor of the Depository or any substitute depository must be both a"clearing corporation" as defined in the Minnesota Uniform Commercial Code at Minnesota Statutes, Section 336.8-102, and a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended, (iii) To a substitute depository designated by and acceptable to the City upon (a) the determination by the Depository that the Bonds shall no longer be eligible far its depository services or (b) a determination by the City that the Depository is no longer able to carry out its fiznctions, provided that any substitute depository must be qualified to act as such, as provided in clause (ii) of this subparagraph, or 1377608v2 p�_ �c. o (iv) To those persons to whom transfer is requested in written transfer instructions in the event that: (a) the Depository shali resign or discontinue its services for the Bonds and the City is unable to locate a substitute depository within two (2) months foilowing the resignation or detemiination of non-eligibility, or (b) upon a determination by the City in its sole discretion that (1) the continuation of the book-entry system described herein, which precludes the issuance of certificates (other than Global Certificates) to any Holder other than the Depository (or its nominee), might adversely affect the interest of the beneficiai owners of the Bonds, or (2) that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated bonds, in either of which events the City shall notify Holders of its detennination and of the availability of certificates (the "Replacement Bonds") to Holders requesting the same and the registration, transfer and exchange of such Bonds will be conducted as provided in paragraphs 9B and 12 hereof. In the event of a succession of the Depository as may be authorized by this pazagraph, the Bond Registraz upon presentation of Global Certificates shall register their transfer to the substitute or successor depository, and the substitute or successor depository shall be treated as the Depository for all purposes and functions under this resolution. The Letter of Representations shall not apply to a substitute or successor depository unless the City and the substitute or successor depository so agree, and a similar agreement may be entered into. 7. Redemption. (a) Ootional Redemvtion; Due Date. All Bonds maturing after March 1, 2010, shall be subject to redemption and prepayment at the option of the City on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall determine; and if only part of the Bonds having a common maturity date are called for prepayment, the Global Certificates may be prepaid in $5,000 increments of principal and, if applicable, the specific Replacement Bonds to be prepaid shall be chosen by lot by the Bond Registraz. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and aRer the redemption date. (b) Notation on Global Certificate. Upon a reduction in the aggregate principal amount of a Global Certificate, the Holder may make a notation of such redemption on the panel provided on the Global Certificate stating the amount so redeemed, or may retum the Global Certificate to the Bond Registrar in exchange for a new Global Certificate authenticated by the Bond Registrar, in 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 such Global Certificate outstanding, unless the Bond Registrar has signed the appropriate column of the panel. 1377608v2 o a.. ��o (c) Selection of Replacement Bonds. To effect a partial redemption of Replacement Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shail assign to each Replacement Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Replacement Bond. The Bond Registraz shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Replacement Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Replacement Bonds to be redeemed. The Replacement Bonds to be redeemed shall be the Replacement Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount 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 selected. (d) Partial Redemption of Reqlacement Bond. If a Replacement Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written inshument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or his, her or its attomey duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Replacement Bond, without service charge, a new Replacement Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. (e) Request for Redem�tion. The Bond Registraz shall call Bonds for redemption and payment as herein provided upon receipt by the Bond Registrar at least forty-five (45) days prior to the redemption date of a request of the City, in written form if the Bond Registrar is other than a City officer. Such request shall specify the principai amount of Bonds to be cailed for redemption and the redemption date. (� Notice. Mailed notice of redemption shall be given to the paying agent (if other than a City officer) and to each affected Holder. If and when the City shall call any of the Bonds for redemption and payment prior to the stated maturity thereof, the Bond Registrar shall give written notice in the name of the City of its intention to redeem and pay such Bonds at the office of the Bond Registrar. Notice of redemption shall be given by first class mail, postage prepaid, mailed not less than thirty (30) days prior to the redemption date, to each Holder of Bonds to be redeemed, at the address appearing in the Bond Register. All notices of redemption shall state: (i) The redemption date; (ii) The redemption price; (iii) If less than all outstanding Bonds are to be redeemed, the idenUfication (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; 1377608v2 �] Da- • �c.o (iv) That on the redemption date, the redemption price will become due and payable upon each such Bond, and that interest thereon shall cease to accrue from and after said date; and (v) The place where such Bonds aze to be surrendered for payment of the redemption price (which shall be the office of the Bond Registrar). (g) Notice to Depositorv. Notices to The Depository Trust Company or its nominee shall contain the CUSIP numbers of the Bonds. If there are any Holders of the Bonds other than the Depository or its nominee, the Bond Registrar shall use its best efforts to deliver any such notice to the Depository on the business day next preceding the date of mailing of such notice to all other Holders. 8. Bond ReQistrar. U.S. Bank Trust National Association, in Saint Paul, Minnesota, is appointed to act as bond registraz and transfer agent with respect to the Bonds (the "Bond Registrar"), and shali do so unless and until a successor Bond ltegistrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. A successor Bond Registrar shall be an officer of the City or a bank or trust company eligible for designation as bond registrar pursuant to Minnesota Statutes, Chapter 475, and may be appointed pursuant to any contract the City and such successor Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and untii a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the Holders (or record holders) of the Bonds in the manner set forth in the forms of Bond and paragraph 14 of this resolution. 9. Forms of Bond The Bonds shall be in the form of Global Certificates unless and until Replacement Bonds aze made available as provided in paragraph 6. Each form of bond may contain such additional or different terms and provisions as to the form of payment, record date, notices and other matters as are consistent with the Letter of Representations and approved by the City Attomey. A. Global Certificates. The Global Certificates, together with the Certificate of Registration, the Register of Partial Payments, the form o£Assignment and the registration information thereon, shall be in substantially the following form and may be typewritten rather than printed: 7377608v2 b a.,,_ 1c.a LJNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CTTY OF SAINT PAUL R- INTEREST ItATE GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2002B MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP March 1, REGISTERED OWNER: PRINCIPAL AMOUNT: March 1, 2002 DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above or on the certificate of registration below, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for eazlier redemption, and to pay interest thereon semiannually on Mazch 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, at the rate per annum specified 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 recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable in same- day funds by 230 p.m., Eastem time, upon presentation and surrender hereof at the principal office of in , Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer; provided, however, that upon a partial redemption of this Bond which results in the stated amount hereof being reduced, the Holder may in its discretion be paid without presentation of this Bond, which payment shall be received no later than 2:30 p.m., Eastem time, and may make a notation on the panel provided herein of such redemption, stating the amount so redeemed, or 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 outstanding, unless the Bond Registrar has signed the appropriate column of the panel. Interest on this Bond will be paid on each Interest Payment Date in same-day funds by 2:30 p.m., Eastern time, to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendaz month preceding such Interest Payment Date (the "Regulaz Record Date"). Interest payxnents shall be received by the Holder no later than 2:30 p.m., Eastern time; and principal and premium 1377608v2 aa--��� payments shall be received by the Holder no later than 2:30 p.m., Eastem time, if the Bond is surrendered for payment enough in advance to permit payment to be made by such time. Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registraz whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond aze payable in lawful money of the United States of America. Date of Pavment Not Business Dav. If the date for payment of the principal o� premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of New York, New York, or the city where the principal office of the Bond Registraz is located aze authorized by law or executive order to close, then the date for such payment shail be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions aze authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Redemption. All Bonds of this issue (the "Bonds") maturing after March 1, 2010, aze subject to redemption and prepayment at the option of the Issuer on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall determine; and if only part of the Bonds having a common maturity date aze called for prepayment, this Bond may be prepaid in $5,000 increments of principal. Bonds or portions thereof called for redemption shali be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of Redemption. Mailed notice of redemption shall be given to the paying a�ent (if other than a City officer) and to each affected Holder of the Bonds. In the 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 date to each Holder of Bonds to be redeemed. In connection with any such notice, the "CUSIP" numbers assigned to the Bonds shail be used. Reolacement or Notation of Bonds after Partial Redemption. Upon a partial redemption of this Bond which results in the stated amount hereof being reduced, the Holder may in its discretion make a notation on the panel provided herein of such redemption, stating the amount so redeemed. Such notation, if made by the Holder, shali 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 the Bond outstanding, unless the Bond Registrar has signed the appropriate column of the panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written insriument of transfer in forxn satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attomey duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registraz shall authenticate and deliver to the Holder of such Bond, without service chazge, a new Bond of the same series having the same stated maturity and interest rate and of the authorized denomination 1377608v2 1 Q oa..�c.o in aggregate principal amount equai to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose: General Obli�ation. This Bond is one of an issue in the total principal amount of $2,915,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full confomuty with the Constitution and laws of the State of Minnesota and the Charter of the Issuer, and pursuant to a resolution adopted by the City Council of the Issuer on February 27, 2002 (the "Resolution"), for the purpose of (1) providing money to fmance the construction of various street improvements in the City and (2) providing funds for a current refunding of the City's General Obligation Street Improvement Special Assessment Bonds, Series 1991B and 1992B. This Bond is payable out of a special account relating to the Bonds in the General Obligation Special Assessments — Streets Debt Service Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premiuxn, if any, and interest when the same become due, the full faith and credit and tasing powers of the Issuer have been and are hereby inevocably pledged. Denominations; Exchanae; Resolution. The Bonds are issuable originally only as Global Certificates in the denomination of the entire principal amount of the issue maturing on a singie date, or, if a portion of said principal amount is prepaid, said principal amount Iess the prepayment. Global Certificates aze not exchangeable for fully registered bonds o£ smaller denominations except to evidence a partial prepayment or in exchange for Replacement Bonds if then available. Repiacement Bonds, if made available as provided below, are issuable solely as fully registered bonds in the denominations of $5,000 and integral muitiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner 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 the Resolution are on file in the principal office of the Bond Registrar. Reolacement Bonds. Replacement Bonds may be issued by the Issuer in the event that: (a) the Depository shall resign or discontinue its services for the Bonds, and only if the Issuer is unable to locate a substitute depository within two (2) months following the resignation or determination of non-eligibility, or (b) upon a determination by the Issuer in its sole discretion that (1) the continuation of the book-entry system described in the Resolution, which precludes the issuance of certificates (other than Global Certificates) to any Holder other than the Depository (ar its nominee), might adversely affect the interest of the beneficial owners of the Bonds, or (2) that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated bonds. Transfer. This Bond shall be registered in the name of the payee on the books of the Issuer by presenting this Bond for registration to the Bond Registrar, who will endorse his, her or its name and note the date of registration opposite the name of the payee in the certificate 7377608v2 1 1 o a-1c.o of registration attached hereto. Thereafter this Bond may be transferred by delivery with an assignment duly executed by the Holder or his, her or its legal representatives, and the Issuer and Bond Registrar may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner unril this Bond is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effecfive, and unril such transfer is registered on said books and noted hereon by the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Bond Registraz. Transfer of this Bond may, at the direction and expense of the Issuer, be subject to certain other restrictions if required to qualify this Bond as being "in registered form" within the meaning of Section 149(a) of the federal Internal Revenue Code of 1986, as amended. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owner. The Issuer and Bond Registraz may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shali be overdue, and neither the Issuer nor the Bond Registrar shali be affected by notice to the contrary. Authentication. This Bond shail not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax-Exempt Obli atQ ions. The Bonds have not been designated by the Issuer as "qualified tas-exempt obligations" for purposes of Section 265(b)(3) of the federal Intemal Revenue Code of 1986, as amended. The Bonds do not qualify for such designation. IT 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 happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory or Charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the photocopied facsimile signature of its Mayor, attested by the photocopied facsimile signature of its Clerk, and countersigned by the photocopied facsimile signature of its Director, Office of Financial Services, the official seal having been omitted as permitted by law. 1377608v2 IZ ca-►c.n Date of Registration: BQND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registraz Authorized Signature Registrable by: Payable at: CITY OF SAINT PAUL, RAMSEY COUNTY, NIINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services General Obligation Street Improvement Special Assessment Bond, Series 2402B, No. R-_ 1377608v2 13 bd..-\l.o CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Bond may be made only by the registered owner or his, her or its legal representative last noted below. DATE OF SIGNATURE OF REGISTRATION REGISTERED OWNBR BOND REGISTRAR 1377608v2 14 oa-�c�� REGISTER OF PARTIAL PAYMENTS The principal amount of the attached Bond has been prepaid on the dates and in the amounts noted below: Date Amount Bondholder Bond Re ��straz If a notation is made on this register, such notation has the effect stated in the attached Bond. Partial payments do not require the presentation of the attached Bond to the Bond Registrar, and a Holder could fail to note the partial payment here. 1377608v2 1$ pZ--lc.D ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicabie laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 1377608v2 j ( Da--L�o ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the attached Bond and does hereby urevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the attached Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guazanteed by a national bank or hust company or by a brokerage firm having a membership in one o£the major stock exchanges or any other'Bligible Guarantor Institution" as defined in 17 CFR 240.17Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1377608v2 1�] �2�- � `� B. Replacement Bonds. If the City has notified Holders that Replacement Bonds have been made available as provided in pazagraph 6, then for every Bond thereafter transfened or exchanged (including an exchange to reflect the partial prepayment of a Globai Certificate not previously exchanged for Replacement Bonds) the Bond Registrar shall deliver a certificate in the form of the Replacement Bond rather than the Global Certificate, but the Holder of a Global Certificate shail not otherwise be required to exchange the Global Certificate for one or more Replacement Bonds since the City recognizes that some beneficial owners may prefer the convenience ofthe Depository's registered ownership ofthe Bonds even though the entire issue is no longer required to be in global book-enhy form. The Replacement Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shali be in substantially the following form, with paragraphs identical to the form of Globai Certificate stated by heading or initial text oniy: 1377608v2 18 0 �.--1�- � GENERAL OBLIGATION STREET INIPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2002B INTEREST RATE % REGISTERED OWNER: PRINCIPAL AMOUNT: UIVITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CTTY OF SAINT PAUL MATURITY DATE DATE OF ORIGINAL ISSLJE $ CUSIP Mazch 1, March 1, 2002 DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on Mazch 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, at the rate per annum specified above (calculated on the basis of a 3b0-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest �rom the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of ,in , (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regulaz Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shail be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registraz whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. (377608v2 _ 19 62--��- REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES FIAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED .... IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by its City Councii has caused this Bond to be executed on its behalf by the original or facsimile signature of its Mayor, attested by the original or facsimile signature of its Clerk, and countersigned by the original or facsimile signature of its Director, Office of Financial Services, the official seal having been omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar Authorized Signature Registrable by: Payable at: CITY OF SAINT PAUL; RAMSEY COUNTY, MINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services 1377608v2 2,0 b a -�.c.o ON REVERSE OF BOND Date of Pavment Not Business Day. Redemption. All Bonds of this issue (the "Bonds") maturing after Mazch i, 2010, are subject to redemption and prepayment at the option of the Issuer on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall deterxnine; and if only part of the Bonds having a common maturity date aze called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registraz. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of Redemntion. Selection of Bonds for Redem�t�ion. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount 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 numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that oniy so much of the principal amount of such 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 selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registraz (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggegate principal amount equal to and in exchange for the uru portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli ag tion. Denominations; Exchan�e; Resolution. The Bonds aze issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and aze exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registraz, but only in the manner 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 the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attomey duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions is��aos�z 21 a� -��-c� provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Bond Registraz. Thereupon the Issuer shall execute and the Bond Registrar shali authenticate and deliver, in exchange for 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 desi�atiori), of an authorized denomination or denominations, in aggregate principal amount equai to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees unon Transfer or Loss. Treatment ofRegistered Owner. Authentication Not Oualified Tax-Exempt Oblieations. ABBREVIATIONS 1377608v2 22 o1-w� ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appeazs upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guazantor Institution" as defined in 17 CFR 240.17Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information conceming the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1377608v2 23 O a. _lc.o 10. Execution. The Bonds shall be executed on behalf of the City by the signatures of its Mayor, Clerk and D'uector, Office of Financial Services, each with the effect noted on the forxns of the Bonds, and be sealed with the seal of the City; provided, however, that the seai of the City may be a printed or photocopied facsimile; and provided fiirther that any of such signatures may be printed or photocopied facsimiles and the corporate seal may be omitted on the Bonds as pernutted by law. In the event of disability or resignation or other absence of any such officer, the Bonds may be signed by the manual or facsunile signature of that officer who may act on behalf of such absent or disabled officer. In case any such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 11. Authentication; Date of Re¢istration. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registraz. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated. For purposes of delivering the original Global Certificates to the Purchaser, the Bond Registrar shall insert as the date of registration the date of original issue, which date is March 1, 2002. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 12. Registration; Transfer; Exchan�e. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registraz shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transfesed as herein provided. A Global Certificate shall be registered in the name of the payee on the books of the Bond Registrar by presenting the Global Certificate for registration to the Bond Registrar, who will endorse his or her name and note the date of registration opposite the name of the payee in the certificate of registration on the Global Certificate. Thereafter a Global Certificate may be transfened by delivery with an assignment duly executed by the Holder or his, her or its legal representative, and the City and Bond Registraz may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner until a Global Certificate is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until snch transfer is registered on said books and noted thereon by the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar. Transfer of a Global Certificate may, at the direction and expense of the City, be subj ect to other restrictions if required to qualify the Global Certificates as being "in registered 1377608v2 2,4 ba -��-� form" within the meaning of Section 149(a) of the federal Intemal Revenue Code of 1986, as amended. If a Global Certificate is to be exchanged for one or more Replacement Bonds, all of the principal amount of the Global Certificate shall be so exchanged. Upon surrender for transfer of any Replacement Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in pasagraph 1 l� of, and deliver, in the name of the designated transferee or transferees, one or more new Replacement Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated mahxrity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "beazer" or similaz designation. At the option of the Holder of a Replacement Bond, Replacement Bonds may be exchanged for Replacement Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Replacement Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Replacement Bonds are so surrendered for exchange, the City shail execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Replacement Bonds which the Holder making the exchange is entitled to receive. Global Certificates may not be exchanged for Global Certificates of smaller denominations. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shail be valid general obligations of the City evidencing the same debt, and entitied to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attomey duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 13. Riehts Upon Transfer or Exchanee. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 1377b08v2 25 oa -�c.o 14. Interest Payment: Record Date. Interest on any Giobal Certificate shall be paid as provided in the first pazagraph thereof, and interest on any Replacement Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar, and in each case at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendaz month preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 15. Holders; Treatment of Reeistered Owner; Consent of Holders. A. For the purposes of all actions, consents and other matters affecting Holders of the Bonds, other than payments, redemptions, and purchases, the City may (but shall not be obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead of the person in whose name the Bond is registered. Far that purpose, the City may ascertain the identity of the beneficial owner of the Bond by such means as the Bond Registrar in its sole discretion deems appropriate, including but not limited to a certificate from the person in whose name the Bond is registered identifying such beneficial owner. B. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 14 above) on, such Bond and for ali other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. C. Any consent, request, direction, approval, objection or other instrument to be signed and executed by the Holders may be in any number of concurrent writings of similar tenor and must be signed or executed by such Holders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Resolution and shali be conclusive in favor of the City with regard to any action taken by it under such request or other inshument, namely: (1) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such writing acknowledged before him or her the execution thereof, or by an affidavit of any witness to such execution. (2) Subject to the provisions of subparagraph (A) above, the fact of the ownership by any person of Bonds and the amounts and numbers of such Bonds, and the date of the holding of the same, may be proved by reference to the bond register. 1377608v2 'L,( Am�r.a� �a�� - r-�b. a�, ao�� c�a.- �(�o 16. Deliverv: ADnlication of Proceeds. The Global Certificates when so prepazed and executed shall be delivered by the Director, Office ofFinancial Services, to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Funds. There is hereby created a special fund to be designated the "2002 Capital Projects Fund" (numbered G02, the "Capital Fund"), to be admiuistered and maintained by the City Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official fmancial records of the City. There has been heretofore created and established the "General Obligation Special Assessments -- Streets Debt Service Fund" (numbered 963, the "Debt Service Fund"). For the convenience and proper administration of the moneys to pay the Prior Bonds, there is hereby created the "2002 Streets Refunding Fund", to be administered and maintained as a bookkeeping account separate and apart from all other accounts maintained on the official financial records of the City. The 2002 Streets Refunding Fund shall be maintained in the manner herein specified until all of the Prior Bonds have been paid. The Capital Fund, and Debt Service Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. (i) Capital Fund. To the Capital Fund there shall be credited the proceeds of the sale of the Bonds, less amounts deposited in the 2002 Streets Refiznding Fund, less accrued interest received on the Bonds, and less any amount paid for the Bonds in excess of $2,888,�65. From the Capital Fund there shall be paid all costs and expenses of making the Improvements listed in paragraph 18, after they have been ordered in accordance with the Charter of the City, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65 (including interest on the Bonds payable during the construction period); and the moneys in the Capital Fund shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Capital Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of any other purpose permitted by law, or transferred to the Debt Service Fund. All earnings on the Capital Fund shall be transferred to the Debt Service Fund, or may be retained in the Capital Fund. (ii) 2002 Streets RefundinQ Fund. Proceeds of the sale of the Bonds sufficient, with other available moneys, to redeem the Refunded Bonds on April 1, 2002, shall be deposited in the 2002 Streets Refunding Fund and used in paying the Refunded Bonds upon their redemption on April l, 2002. The moneys in the 2002 Streets Refunding Fund shall be used solely for the purposes herein set forth and for no other purpose. Any excess in the 2002 Streets Refunding Fund after the payment of the Refunded Bonds shall be deposited in the Debt Service Fund. ' 1377608v2 2"] R�.��.p��, �'>�� — F�b. a�, aoo� oa- ��o (iii) Debt Seroice Fund. There is hereby pledged and there shall be credited to a special account relating to the Bonds in the Debt Service Fund: (a) coilections of special assessments herein covenanted to be levied with respect to the Improvements, to the extent provided in pazagraph 19; (b) coliections after April 1, 2002, of special assessments levied with respect to the Prior Improvements; (c) all accrued interest received upon delivery of the Bonds; (d) all funds paid for the Bonds in excess of $2,888,765; (e) any coliections of all taaces which are levied herein, or which may hereafter be levied in the event that the special assessments herein pledged to the payment of the Bonds and interest thereon aze insufficient therefor; ( fl all funds remanung in the Capital Fund a$er completion of the Improvements and payment of the costs thereof, not so transfened to the account of another improvement or used to pay the costs of any other purpose permitted by law; (g) amounts transfened from the 2002 Streets Refunding Fund; (h) balances after April 1, 2002, remaining in the Debt Service Funds established for the Prior Bonds; and (i) all investment earnings on moneys held in such special account in the Debt Service Fund or (at the City's option) on moneys held in the Capital Fund. If moneys in the special account of the Debt Service Fund should ever be insufficient to pay debt service on the Bonds, the Bonds shali be paid from the Debt Service Fund or any other special account therein, and the Bonds are hereby made payable from the Debt Service Fund and any other special accounts therein for this purpose. Amounts drawn from the Debt Service Fund or any special account therein may be repaid with or without interest when moneys sufficient for such repayment are deposited in the special account relating to the Bonds in the Debt Service Fund. The special account relating to the Bonds in the Debt Service Fund 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 issued by the City and made payable from such special aceount in the Debt Service Fund as provided by law, or to pay any rebate due to the United States. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding inveshnents or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent (5%) of the proceeds of the Bonds. To this effect, any sums from time to time held in the Capital Fund, in the 2002 Streets Refunding Fund or in such special account in the Debt Service Fund (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrabe regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said azbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Capital Fund or in the 2002 Streets Refunding Fund or in such special account in the Debt Service Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 1377608v2 'Lg \�lr�.c..�,�c� �sg� — � ��0. a'?, 3-003� V �'a- - � �� 18. Assessments; Coverage Test. The City Council has heretofore determined, and does hereby determine, to proceed with the Ixnprovements and special assessments with respect thereto under the provisions of the Charter of the City, rather than the provisions of Minnesota Statutes, Chapter 429. It is hereby determined that no less than twenty percent (20%) of the cost to Ihe City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one yeaz after ordering each Improvement financed hereunder unless the resolution ordering the Ixnprovement specifies a different time limit for the letting of construction contracts and will do and perform, as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments for the Improvements have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as ue required by conditions in existence at the time the assessments aze levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annuai installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum approximately one percent (1%) per annum in excess of the net effective rate of interest on the Bonds: Improvement Desi¢nation Cotta�e/Greenbrier HoyUMerrill Amount $633,244 428 208 Levy Years Collection Years TOTAL $1,061,452 2002-2021 for all 2003-2022 for all The special assessments for the Improvements and with respect to the Prior Improvements shall be such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds in every year except the final year (2014). At the time the assessments for the Improvements are in fact levied the City Council shall, based on the then-cturent estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. ,-' t377608v2 Zl� ��.�r�.�� �� �=�e. ��, �.o�� aa--��� 19. Lunit on Special Assessments Pled�ed. The City Council hereby finds, determines and declares that the payxnent of the Bonds does not require the pledge of all the special assessments which may be levied with respect to the Improvements identified in paragraph 18, and that it is necessazy, proper and expedient to provide that payments and prepayxnents of special assessments in excess of the debt service requirements of the Bonds be put to use for other purposes sooner than upon the termination of the Debt Service Fund. Only $1,000,000 original principal amount of the special assessments (which amount is the "Pledged Assessments"), and interest thereon, recognized in paragraph 18 of this Resolution (of which $214,653 are necessary prior to their scheduled receipt in order to pay debt service on the Bonds on March 1, 2003) are or shall be pledged to the payxnent of the Bonds, and payments of, or with respect to, such special assessments in excess of the Pledged Assessments shall be credited instead to a special account in the Capital Fund, and used for the purpose of paying any additional costs of the Ixnprovements and the costs of other improvements approved by the City, as follows: (a) the first $214,653 of all prepayments of special assessments recognized in paragraph 18 shall be credited to the Debt Service Fund, (b) thereafter until such time as the special assessments from time to fime outstanding equal in original principal amount the Pledged Assessments or less, prepayments of any of the special assessments recognized in paragraph 18 shall be treated as prepayments of the portion of the special assessments not pledged to the Bonds and shall be credited instead to said special account of the Capital Fund, and used as provided above, and (c) while the special assessments from time to time outstanding equal in original principal amount the Pledged Assessments or more, regular installment payments made on the Pledged Assessments only (not all of the special assessments) shall be credited to the Debt Service Fund, and regular installment payments on that portion, if any, of the remauung assessments in excess of the Pledged Assessments shall be credited to said special account of the Capital Fund, and used as provided above. All special assessments collected after April 1, 2002, with respect to the Prior Improvements are pledged to the payment of the Bonds. 20. Taa� Levy; Covera eg Test. If taaces are levied as provided in the final part of paragraph 18, the tas levies sha11 be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. To provide moneys for payment of the principal and interest on the Bonds due to be paid in 2014 there is hereby levied upon all of the tasable property in the City a direct annual ad valorem taY which shall be spread upon the taac rolls and collected with and as part of other general property tases in the City for the years and in the amounts as follows: Year of Tax Year of Taac Levv Collection Amount 2012 2013 $347,387 The taac levies are such that if collected in full they, together with esrimated collections of special assessments and other revenues herein pledged far the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The taY levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power is��eos�z 30 oz.-�c.o to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 21. General Obligation Pled�e. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taacing powers of the City shall be and aze hereby irrevocably pledged. If the balance in the special account relating to the Bonds in the Debt Service Fund (as defined in paragraph 17 hereo� is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any oflier funds of the City which aze available for such purpose, including the general fund of the City and the Debt Service Fund and the special accounts therein, and such other funds may be reimbursed with or without interest from the special account in the Debt Service Fund relating to the Bonds when a sufficient balance is available therein. 22. Other Redemption Monevs. To the extent that the proceeds of the Bonds are not sufficient to pay the redemption price of the Refunded Bonds, said redemption price shail be paid from moneys in the Debt Service Funds established for the Prior Bonds. 23. Refunded Bonds; Securitv. Until retirement of the Refiznded Bonds, all provisions heretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24. Redemntion of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on April 1, 2002, all in accordance with the terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit B, which terms and conditions aze hereby approved and incorporated herein by reference. Notices of Call for Redemption in substantially such forms shall be given to the Bond Registrar for the Prior Bonds, who shall mail notice of redemption of the Prior Bonds not less than thirty (30) days prior to the redemption date. 25. Certificate of Registration. The Director, Office of Financial Services, is hereby directed to file a certified copy of this Resolution with the officer of Ramsey County, Minnesota, performing the functions of the county auditor (the "County Auditor"), together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 26. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore fiunished, shall be deemed representations of the City as to the facts recited therein. 1377608v2 31 oa-�c.o 27. Negative Covenants as to Use of Proceeds, Improvements and Prior �rovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements or Prior Improvements, or to cause or pemut them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements or Prior Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no actions will be taken over the term of the Bonds that would cause them to be private activity bonds, and the average term of the Bonds is not longer than reasonably necessary for the goveinmental purpose of the issue. The City hereby covenants not to use the proceeds of the Bonds in such a manner as to cause the Bonds to be "hedge bonds" within the meaning of Section 149(g) of the Code. 28. Tax-Exemnt Status of the Bonds: Rebate: Election. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess inveshnent eaznings to the United States. The City expects that the two-year expenditure exception to the rebate requirements may apply to the construction proceeds of the Bonds. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk, Treasurer and Director, Office of Financial Services, or any of them, aze hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 29. No Desianation of Oualified Tax-ExemUt Obli atg ions. The Bonds, together with other obligations issued by the City in 2002, exceed in amount those which may be qualified as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, and hence are not designated for such purpose. 30. Letter of Representations. The Letter of Representations for the Bonds is hereby confirmed to be the Blanket Issuer Letter of Representations dated April 10, 1996, by the City and received and accepted by The Depository Trust Company. So long as The Depository Trust Company is the Depository or it or its nominee is the Holder of any Global Certificate, the City shall comply with the provisions of the Letter of Representations, as it may be amended or supplemented by the City from time to time with the agreement or consent of The Depository Trust Company. 31. Negotiated Sale. The City has retained Springsted Incorporated as an independent financial advisor, and the City has heretofore determined, and hereby determines, to sell the Bonds by private negotiation, all as provided by Minnesota Statutes, Section 475.60, Subdivision 2(9). 32. Continuin¢ Disclosure. The City is an obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), 1377608v2 32 p a- -1 t, o promulgated by the Securities and Exchange Commission (the "Coxnxnission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described, to: A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rnlemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. The City agrees that its covenants pursuant to the Rule set forth in this pazagraph 32 and in the Undertaking are intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Directar, Office of Financial Services, or any other officers of the City authorized to act in their stead (the "Officers"), are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council, subject to such modifications thereof or additions thereto as aze (i) consistent with the requirements under the Rule, (ii) required by the Purchaser, and (iii) acceptable to the Officers. 33. Severabilitv. If any section, paragraph or provision of this resolution shall be heid to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 1377608v2 33 oa -� �.o 34. Headines. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Requeste��eq�rtmentof• }-iN��� By: S lL� � r � Form Approved by City Attorney By�/ � _ G � d� ' °� Approve y Mayor for Submission to Adoption Certified by Council Secretary Coun By:�� ` . � .�._.'-.�-� gY . , Approv��b Mayor: Date � ' ' � / . _ �, � is��eos�z 34 Adopted by Council: Date � S� .�.� � ao o a� os -�� o of Financial Services 266-8837 20002 OATE INRIATED 15-Feb-02 GREEN SHEET Ini4a1/Date ASSIGN NUMBERFOR ROUTING ORDER No 113508 InitiaVDate u OEPAR�MEMDIRECf06 u CRYCOONCIL _ �1 crtrwTroauEV ❑ cmc�wc ❑ FINANCIALSERVICESOIR ❑ FINANCNLSERVIACCTG � MAVOR ❑ TOTAL # OF SIGNATURE PAGES 7_ (CLIP ALL LOCATIONS FOR SIGNATURE) iis resolution accepts the winning proposal and awards the bid for the $2,915,000 G.O. reet Improvement Special Assesment Bonds Series 2002B. This is a competitive bond sale and the award going to the bidder found most advantageos (lowest cost) ro the City. or PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION PROBLEM ISSUE, When, Where, RSONAL SERVICE CONTRACfS MUSf ANSWErtTXE POLLOWING QUESTIONS: Has this persoNfirm ever worked under a contact for this tlepartmeM? YES NO Has ihis persoNfirtn ever been a city employee? VES NO Does this persoNfrtn possess a skill not normally possessed by any cumern ciry employee? VES NO Is this persoNfirtn a targeted vendo(� YES NO bonds are forthe purpose of finanang certain street improvemeMS within the Ciry and refunding the 7997 B antl 19928 Special Assesment Bonds, antl will be repaid by speciai assesments. be available for street improvements. IFAPPROVED DISADVANTAGES IF NOT neetled forcertain street improveme�rts wiil not be available. ��� ��Y��? Ll�'�`'"! � � (*• �. �° ��� , €< � 7RANSACTION $ {;ass,000 SOURCE COST/REVENUE BUDGETED (CIRCLE ONE) ACTMN NUMBER YES NO INFORMATION (EXPLAIN) O 3�- ��-a EXHIBITS Eachibit A - Proposals Eachibit B- Notices of Call for Redemption 1377608v2 oa -�c. o . �: : NOTICE OF CALL FOR REDEMPTION $880,000 GENERAI, OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 1991B CTTY OF SAINT PAUL RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GNEN that by order of the City Council of the City of Saint Paul, Ramsey County, Minnesota, there have been called for redemption and prepayment on April 1, 2002, outstanding bonds of the City designated as General Obligation Street Improvement Special Assessment Bonds, Series 1991B, bearing a date of original issue of March 1, 1991, having stated maturity dates in the years set forth below, bearing interest at the rates per annum set forth below for such maturity yeazs, bearing the CUSIP numbers set forth below for such maturity years and totaling $880,000 in principal amount: Maturity Yeaz 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Principal Amount $90,000 90,000 90,000 90,000 90,000 90,000 85,000 85,000 85,000 85,000 Interest Rate 6.20% 6.25 630 6.40 6.50 6.60 6.65 6.70 6.70 6.70 CUSIP Number 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 The entire outstanding amount of the issue maturing after 2002 is being cailed. The bonds are being called at a price of par plus accrued interest to April 1, 2002, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the principal office of U.S. Bank Trust National Association in Saint Paul, Minnesota, on or before April 1, 2002. t3»6os�z o�- ��a Dated , 2002. BY ORDER OF THE CITY COUNCIL /s City Clerk Additional information may be obtained from: 1377608v2 O �. -\�.� NOTICE OF CALL FOR REDEMPTION $990,000 GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 1992B CITY OF SAINT PAUL RAMSEY COiJNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Saint Paul, Ramsey County, Minnesota, there have been called for redemption and prepayment on April 1, 2002, outstanding bonds of the City designated as General Obligation Street Ixnprovement Special Assessment Bonds, Series 1992B, bearing a date of original issue of February 1, 1993, having stated maturity dates in the years set forth below, bearing interest at the rates per annum set forth below for such maturity yeazs, bearing the CUSIP numbers set forth below for such maturity years and totaling $990,000 in principal amount: Maturity Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Principal Amount $90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 Interest Rate 6.00% 6.10 6.15 6.20 6.25 630 630 635 635 6.40 6.40 CUSIP Number 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 The entire outstandin� amount of the issue maturing after 2002 is being called. The bonds are being called at a price of par plus accrued interest to April 1, 2002, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the principal office of U.S. Bank Trust National Association in Saint Paul, Minnesota, on or before April l, 2002. 1377608v2 t,` �., � i �-' � �; i , `� � �a:\li.s ii: �� Dated , 2002. BY ORDER OF THE CITY COUNCIL City Clerk Additional information may be obtained from: o�, _��a 1377608v2 O s.. lC. o advisor and determines to sell the Bonds by private negotiarion, and the City has instead authorized a competitive sale without publication of notice thereof as a form of private negotiation; and WHEREAS, proposals for the Bonds have been solicited by Sp Incorporated pursuant to an Official Statement and Terms of Proposal therein; WHEREAS, in the Terms of Proposal relating to the Bonds t e City reserved the right to increase or decrease the issue size from the proposed $2,915,000 not to exceed $75,000, and to adjust the purchase price so that the adjusted purchase 'ce bears the same ratio to the adjusted principal as the proposal bears to $2,915,000; and WHEREAS, the City has determined to adjust the rincipal amount from the proposed $2,915,000 by a $ decrease/increase: NOW, THEREFORE, BE IT RESOLVED b the Council of the City of Saint Paul, Minnesota, as foilows: 1. Acceptance of Proposal. The (the "Purchaser"), to purchase $2,915,000 General Assessment Bonds, Series 2002B, of the City (the accordance with the Terms of Proposal for the b nd p�6posai of �ligation Street Improvement Special 3onds", or individually a"Bond"), in sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to b the most £avarable proposal received and is hereby accepted for Bonds in the aggregate princ' al amount of $ and purchase price of $ , plus accrued interest to s tlement, and the Bonds aze hereby awarded to the Purchaser. The Director, Office of F� ancial Services, or his designee, is directed to retain the deposit of the Purchaser and to fo ith return to the others making proposals their good faith checks or drafts. 2. The Bonds shall be titled "General Obiigation eet Improvement Special Assessment Bonds, Series 2002B", shall be dated March 1, 2002, the date of original issue and shall be issued forthwith on or after such date as fully regis red bonds. The Bonds shall be numbered from R-1 upwazd. Global Certificates shall eac be in the denomination of the entire principal amount maturing on a single date, or, if a portio of said principal amount is prepaid, said principal amount less the prepayment. Re acement Bonds, if issued as provided in paragraph 6, shall be in the denomination $5,000 each or in any integral muttiple thereof of a single maturity. The Bonds shall mature n March 1 in the years and amounts as follows: 1377608v2 o'a--��o Year 2003 2004 2005 2006 2007 2008 Amount Year amounc $380,000 255,000 245,000 235,000 230,000 225,000 2009 2010 2011 2012 2013 2014 Such maturities, compared to the Terms of Proposal aggregate decrease/increase in the foliowi $220,000 215,000 210,000 205,000 �the Bonds, reflect a years and amounts: 3. Purpose; FindinQS. The Bonds in part all provide funds for the construction of various street unprovements (the "Improve ents") in the City, and any excess construction funds shall be devoted to any other purpose ermitted by law. The total cost of the Improvements, which shall include all costs enumerat in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the onds. Work on the Improvements shall proceed with due diligence to completion. The B ds (together with other available funds in the Debt Service Funds created for the Prior Bonds n part shall also provide funds for a current refunding of all of the outstanding Prior Bon maturing after 2002 (which callable Prior Bonds aze herein also referred to as the "Refunded onds"). The Prior Bonds were issued to finance the costs of various street improvements (the rior Improvements"). It is hereby found, determined and declared that this refunding of the 'or Bonds is pursuant to Minnesota Statutes, Section 475.67, and is necessary or desirable r the reduction of debt service costs. 4. Interest. T e Bonds shall bear interest payable semiannually on Mazch 1 and September 1 of each year ch, an"Interest Payment Date"), commencing September 1, 2002, calculated on the basis f a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposit the maturity years as follows: Maturitv Year 2003 2004 2005 2006 Interest Rate % Maturit� 2009 2010 2011 2012 2013 2014 Interest Rate % 5. Description of the Global Certificates and Global Book-Entrv Svstem. Upo heir original issuance the Bonds will be issued in the form of a single Global Certificate for ach maturity, deposited with the Depositary by the Purchaser and immobilized as provided i aragraph 6. No beneficial owners of interests in the Bonds will receive certificates epresenting their respective interests in the Bonds except as provided in paragraph 6. Except as so provided, during the term of the Bonds, beneficial ownership (and subsequent transfers of i3»6os�z 4 ba - ��-� 16. Deliverv; Application of Proceeds. The Global Certificates when so prepared and executed shall be delivered by the Director, Office of Financial Services, to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Funds. There is hereby created a special fund to be designate the "2002 Capital Projects Fund" (numbered C-02, the "Capital Fund"), to be administered d maintained by the City Treasurer as a bookkeeping account sepazate and apart from all o r accounts maintained in the official financial records of the City. There has been here fore created and established the "General Obligation Special Assessments -- Streets Debt S rvice Fund" (nuxnbered 963, the "Debt Service Fund"). For the convenience and pr er admiuistration of the moneys to pay the Prior Bonds, there is hereby created the "2002 Stre s Refunding Fund", to be administered and maintained as a bookkeeping account separate an apart from all other accounts maintained on the official financial records of the City. e 2002 Streets Refunding Fund shall be maintained in the manner herein specified until a of the Prior Bonds have been paid. The Capital Fund, and Debt Service Fund shall be mai ained in the manner herein specified until all of the Bonds and the interest thereon hav een fully paid. (i) Capital Fund. To the Capital Fu there shall be credited the proceeds of the sale of the Bonds, less accrued interest rec ived thereon, and less any amount paid for the Bonds in excess of $ . From the Capital Fund there shall be paid all costs and expenses of making the Imp vements listed in parag�aph 18, after they have been ordered in accordance with Charter of the City, including the cost of any construction contracts heretofore let d all other costs incuned and to be incurred of the kind authorized in Minnesota Statu s, Section 475.65 (including interest on the Bonds payable during the construction p'od); and the moneys in the Capital Fund shall be used for no other purpose except as erwise provided by law; provided that the proceeds of the Bonds may also be used t the extent necessary to pay interest on the Bonds due prior to the anticipated date of co encement of the collection of tases or special assessments herein covenanted to be le 'ed; and provided further that if upon completion of the Improvements there sha remain any unexpended balance in the Capital Fund, the balance may be transf ed by the Council to the fund of any other improvement instituted pursuant t the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of an other purpose permitted by law, or transferred to the Debt Service Fund. All eami s on the Capital Fund shall be transferred to the Debt Service Fund, or may be retaine in the Capital Fund. (ii) 2002 Streets Refundine Fund. Proceeds of the sale of the Bonds sufficient with other available moneys, to redeem the Refunded Bonds on April 1, 2002, shall be eposited in the 2002 Streets Refunding Fund and used in paying the Refunded Bond upon their redemption on April 1, 2002. The moneys in the 2002 Streets Ref ding Fund shall be used solely far the purposes herein set forth and for no other p ose. Any excess in the 2002 Streets Refunding Fund after the payment of the efunded Bonds shall be deposited in the Debt Service Fund. (iii) Debt Service Fund. There is hereby pledged and there shall be credited to a special account relating to the Bonds in the Debt Service Fund: (a) collections of 1377608v2 2,'] 0 2 - \c.o special assessments herein covenanted to be levied with respect to the Improvements, to the extent provided in paragraph 19; (b) coilections after April 1, 2002, of special assessments levied with respect to the Prior Improvements; (c) ali accrued interest received upon delivery of the Bonds; (d) all funds paid for the Bonds in excess of $ ;(e) any collections of all taxes which are levied herein, or which may hereafter be levied in the event that the special assessments herein pledged to the payment of the Bonds and interest thereon are insufficient therefor; ( fl al ds remaining in the Capital Fund after completion of the Improvements payment of the costs thereof, not so transferred to the account of another improvem t or used to pay the costs of any other purpose permitted by law; (g) amounts transfe d from the 2002 Streets Refunding Fund; (h) balances after April 1, 2002, remai g in the Debt Service Funds established for the Prior Bonds; and (i) all invesrinent 'ngs on moneys held in such special account in the Debt Service Fund or (at the Ci s option) on moneys held in the Capitai Fund. If moneys in the special account of the ebt Service Fund should ever be insufficient to pay debt service on the Bonds, the Bo ds shall be paid from the Debt Service Fund or any other special account therein, an the Bonds aze hereby made payable from the Debt Service Fund and any other eciai accounts therein for this puxpose. Amounts drawn from the Debt Service d ar any special account therein may be repaid with or without interest when moneys ufficient for such repayment aze deposited in the special account relating to the onds in the Debt Service Fund. The special account relating to the onds in the Debt Service Fund shall be used solely to pay the principal and interest and any pr miums for redemption of the Bonds and any other generai obligation bonds of the City here er issued by the City and made payable from such special account in the Debt Service Fun as provided by law, or to pay any rebate due to the United States. No portion of the proceeds o the Bonds shall be used directly or indirectly to acquire higher yielding inveshnents or to place funds which were used directly or indirectly to acquire higher yielding investments, ex pt (1) for a reasonable temporary period until such proceeds are needed for the purpose f which the Bonds were issued, and (2) in addition to the above in an amount not greater th ive percent (5%) of the proceeds of the Bonds. To this effect, any sums from time to tim eld in the Capital Fund, in the 2002 Streets Refunding Fund or in such special account in the ebt Service Fund (or any other City fund or account which will be used to pay principal or int est to become due on the bonds payable therefrom) in excess of amounts which under then-a plicable federal arbitrage regulations may be invested without regard as to yield shall not e invested at a yield in excess of the applicable yield restrictions imposed by said arbitra regulations on such inveshnents after taking into account any applicable "temporary eriods" or "minor portion" made available under the federal arbitrage regulations. In addi 'on, the proceeds of the Bonds and money in the Capital Fund or in the 2002 Streets Refunding und or in such special account in the Debt Service Fund shall not be invested in obligations or eposits issued by, guaranteed by or inswed by the United States or any agency or instrument ty thereof if and to the extent that such investment would cause the Bonds to be "federally g ranteed" within the meaning of Section 149(b) of the federal Intemal Revenue Code of 19 6, as amended (the "Code"). 18. Assessments; Coverage Test. The City Council has heretofore and does hereby determine, to proceed with the Improvements and special 1377608v2 2,8 o� - 140 assessments with respect thereto under the provisions of the Charter of the City, rather than the provisions of Minnesota Statutes, Chapter 429. It is hereby determined that no less than twenty percent (20%) of the cost t the City of each Improvement financed hereunder within the meaning of Minnesota Statut , Sectio 475.58, Subdivision 1(3), shail be paid by special assessments to be levied against e ery assessable lot, piece and parcel of land benefited by the Improvements. The City ereby covenants and agrees that it will let all construcrion contracts not heretofore le ithin one year after ordering each Improvement financed hereunder unless the resolution o ering the Improvement specifies a different time limit for the letting of constructio contracts and will do and perforxn, as soon as they may be done, all acts and things necessary or the final and valid levy of such special assessments, and in the event that any such asses ent be at any time held invalid with respect to any lot, piece or parcel of land due to any e r, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this ouncil or any of the City officers or employees, either in the making of the assessments in the performance of any condition precedent thereto, the City and this Council will fo with do ail further acts and take all further proceedings as may be required by law to make e assessments a valid and binding lien upon such property. The special assessments for the have not heretofore been authorized, and accordingly, for purposes of Minn ota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. S ject to such adjustments as are required by conditions in existence at the time the assessm ts are levied, the assessments are hereby authorized and it is hereby deterxnined that t e assessments shall be payable in equal, consecutive, annual installments, with ge ral taaces for the years shown below and with interest on the declining balance of all such asse sments at a rate per annum approximately one percent (1%) per annum in excess of the net e ective rate of interest on the Bonds: Improvement Collection Designation Amount Levv Years Years Hoyt/Merrill TOT $633,244 2002-2021 2003-2022 428,208 for all for all $1,061,452 Th special assessments for the Improvements and with respect to the Prior Improvements all be such that if collected in full they, together with estimated collections of other revenue herein pledged for the payxnent of the Bonds, will produce at least five percent (5%) in exc ss of the amount needed to meet when due the principal and interest payments on the Bond n every year except the final yeaz (2014). At the time the assessments for the Improv ents are in fact levied the City Council shall, based on the then-current estimated collec ons of the assessments, make any adjustments in any ad valorem taxes required to be levi in order to assure that the City conrinues to be in compliance with Minnesota Statutes, 475.61, Subdivision l. 1377608v2 2,9 �a-1�.� 19. Limit on Special Assessments P1edQed. The City Council hereby finds, determines and declazes that the payment of the Bonds does not require the pledge of ali the special assessments which may be levied with respect to the Improvements identified in paragraph 18, and that it is necessary, proper and expedient to provide that payments and prepayments of special assessments in excess of the debt service requirements of the Bonds be put to use for other purposes sooner than upon the termination of the Debt Se 'ce Fund. Only $1,000,000 originai principal amount of the special assessments (which am t is the "Pledged Assessments"), and interest thereon, recognized in paragraph 18 of this solufion (of which $ are necessary prior to their scheduled receipt in orde o pay debt service on the Bonds on March 1, 2003) aze or shall be pledged to the payment the Bonds, and payments of, or with respect to, such special assessments in excess of the Pl ged Assessments shall be credited instead to a special account in the Capital Fund, and us for the purpose of paying any additional costs of the Improvements and the costs of other i rovements approved by the City, as follows: (a) the first $ of all prepa ents of special assessments recognized in paragraph 18 shall be credited to the Debt S'ce Fund, (b) thereafter until such time as the special assessments from time to time outst ing equal in original principal amount the Pledged Assessments or less, prepayments of any the special assessments recognized in paragraph 18 shall be treated as prepayments of the rtion of the special assessments not pledged to the Bonds and shall be credited instead o said special account of the Capital Fund, and used as provided above, and (c) while the sp cial assessments from time to time outstanding equal in original principal amount the Pledge ssessments or more, regular instaliment payments made on the Pledged Assessment only (not all of the special assessments) shall be credited to the Debt Service Fund, and re ar installment payments on that portion, if any, of the remaining assessments in excess of e Pledged Assessments shall be credited to said special account of the Capital Fund, and used provided above. All special assessments collected after April 1, 2002, with respect to the P' r Improvements aze pledged to the payment of the Bonds. 20. Tax Lev • overa e Test. If taxes are levied as provided in the final part of paragraph 18, the tax levies all be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the ity reserves the right and power to reduce the levies in the manner and to the extent permitted y Minnesota Statutes, Section 475.61, Subdivision 3. To provi moneys for payment of the principal and interest on the Bonds due to be paid in 2014 there i hereby levied upon all of the taxable property in the City a direct annual ad valorem tax whic shall be spread upon the tax rolls and collected with and as part of other general property t es in the City for the years and in the amounts as follows: JYear of Tax Year of TaY Levv Collection Amount 2012 2013 The tas levies aze such that if collected in full they, together with estimated colle tions of special assessments and other revenues herein pledged for the payment of the Bo ds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealabie so long as any of the Bonds aze outstanding and unpaid, provided that the City reserves the right and power 1377608v2 30 85 SEVENTH PLACE EA5I; SUITE 100 SAINT PAlIL, MN 55101-2587 651.223.3000 FAX:651.223.3002 // E-MAIL: ad��wrs@springsted.com o s�-\Go SPRINGSTED Advisms ro the Public Sector February 27, 2002 � Mr. Peter Hames, Director of Financial Services Mr. Tony Schertler, Director City of St. Paul Saint Paul Housing and Redevelopment Authority Office of Financial Services 1400 City Hall Annex 160 City Hall 25 West 4th Street 15 West Kellogg Blvd Saint Paul, MN 551 D2 Saint Paul, MN 55102 RE: Recommendations for Award of City of Saint Paul's: $19,000,000 General Obligation Improvement (CIB) Bonds, Series 2002A $2,915,000 General Obligation Street improvement Special Assessment (Street) Bonds, Series 2002B and $2,335,000 Taxable General Obligation Riverfront Tax Increment (TIF) Refunding Bonds, Series 2002C Dear Mr. Hames and Mr. Schertler_ This letter summarizes the results of the competitive bids opened at 1030 A.M. this morning for these three issues. Purpose of issues The purpose of the CIB issue is to fund various capital improvements a5 part of the City's annual Capital Improvement Program. The CIB issue wili be repaid by property tax tevies. The purpose of the Street issue is twofold: first, to fund portions of the City's annual street improvement program; and second, to "current° refund the 19916 and 19926 Street Improvement Issues to achieve lower annual interest costs. The 19916 and 19926 issues have outstanding interest rates at a combined level of approximately 6.4°/a. The estimated "neY' interest cost savings at the time of initiating this process were $231,000 on a future value basis and $187,000 on a present value basis, all estimates after deduction of atl related issuance costs. The present value savings estimate as a perce�t of the present value of refunded debt service was 8.05%. This Street issue, both the new project and the refunding portions, is expected to be repaid by special assessments on benefiting properties. The purpose of the TIF Refunding issue is to "current" refund the 1993D TIF bonds, issued to fund projects by the HRA in the Riverfront TIF District. The refunding is intended to achieve lower annual interest costs. The 1993D bonds have outstanding interest rates at approximately 7.92%. The estimated "neY' interest cost savings at the time of initiating this process were $254,500 on a future value basis and $194,000 0� a present value basis, all estimates after deduction of ali related issuance costs. The present value savings estimate as a percent of the preserit value of refunded debt service was 7.67%. This refunding bond issue is expected to be repaid from the same source as the outstanding bonds, the Riverfront TIF District. CORPOR4TE OFFlCE: SAINT PAUL, MN • Visit our website at www.sPringsted.com IOWA � KANSAS • MINNESOTA . VIRGMIA • WASHINGTON,DC � WISCONSIN City of Saint Paui, Minnesota February 27, 2002 Page 2 Tax-Exempt Market Rates oa-t�o The tax-exempt and taxable interest rate markets have declined to very low levels from the November — December 2001 peaks following the September 11 aftermath. The primary national index of tax-exempt rates is the Bond Buyers index (BBI). At the time of this sale the BBI is at 5.10%, a very tow rate from a historical perspective. Sale Results The City received three bids on the CIB issue. The senior managers of the bidding syndicates were as follows: Rank Bidder US Bancorp PiperJaffray RBC Dain Rauscher Morgan Stanley TIC(%) 3.7160% 3.7622% 3.7829% The lowest or best bid was received from US Bancorp Piper Jaffray at a true interest rate of 3.7160%. Last year's CIB sale received a winning bid of 4.1343%. This low bid reduces total interest payments of the term of the issue by approximaYely $300,000 from the estimate made at the time tfie sale process began. The City received three bids on the Street Issue: Rank Bidder US Bancorp Piper Jaffray RBC Dain Rauscher Morgan Stanley TIC(%) 3.9039% 3.9209% 3.9455% The lowest or best bid was received from US Bancorp Piper Jaffray, at a true interest rate of 3.9039%. For the refunding portion of this issue, the interest rate differential between the outstanding bonds and this refunding issue is approximately 2.5%. This refunding wouid reduce "neY' interest costs by $267,700 in future value and $223,000 in present value terms, after deductiort of al[ retated issuance costs. The present value as a percent of refunded debt service is 10.51 %. The difference in interest rates between these two issues is the result of the respective repayment terms of the issues, with the CIB being the shorter term and the Street issue being the longer term. In general, shorter-term issues have lower interest rates than longer issues. The City received seven bids on the Taxabie TIF Refunding Issue: Rank Bidder United Banker's Bankers Cronin & Company, Inc. Miller Johnson Steichen Kinnard, Inc. US Bancorp Piper Jaffray Inc. NBC Capital Markets Group, Inc. Griffn, Kubik, Stephens & Thompson, inc. Morgan Keegan & Co., Inc TIC % 5.2895% 5.3807% 5.3867% 5.4408% 5.4504% 5.4715% 5.5471 % City of Saint Paul, Minnesota February 27, 2002 Page 3 aa-�e� The lowest or best bid was received from United Banker's Bank at a true interest rate of 5.2895%. The interest rate differentiaf beiween the outstanding bonds and this bid is approximately 2.60%. This refunding would reduce "net" interest costs by $336,000 in future value and $269,000 in present value terms, after deduction of ali related issuance costs. The present value as a percent of refunded debt service is 10.35%. This level is far in excess of the estimates when this process was started. We would note the relative value of tax exemption on Saint Paul's municipai bonds as reflected in the general interest rate difference between the "tax-exempt" CIB issue and the Taxable TIF Refunding issue. We require bidders to submit their bids on a"True Interest Rate (TIC) basis, so as to reflect the present value of their bids and thereby ensure the City award based on the lowest cost to the City. We have enclosed bid tabulation forms for each issue summarizing the bid specifics and composition of each underwriting syndicate. Recommendation We recommend award of sale to US Bancorp Piper Jaffray on the CIB issue and Street Issue, and to United Banker's Bank on the Taxable TIF Refunding Issue. Basis of Recommendation We believe the interest rates received by the City today reflect aggressive bidding on each issue. The objectives underlying each issue were exceeded with interest rates well below the estimates, and interest cost savings on the refunding issues weil in excess of estimates. We profile each City issue to a national market index, Delphis-Hanover. These issues sold at rates better than the national "AAA" rated index level. Credit Rating We have enclosed the written reports on the City's general obiigation rating for these issues from Moody's, and Standard & Poor's. Both agencies rea�rmed the City's ratings at AAA from S&P, and Aa2 from Moody's. Both agencies have indicated the outlook for the City ratings at "stable". The City conducted an intensive effort with the rating service to the City on this very successful issuance program. We welcome any questions regarding this sale process. Respectfully, � �-v� t ���1�Jn avid N. MacGillivray / Chairman sja Enctosure 1 . . ss E. severrrx ri.nnce, s� �oo SAIN7'PAIIL,MN SSIOt-2887 651.223.3000 FAX: 651.223.3002 E-MAD.: advisoxs@sprinp,sted.mm �� Oa-14o SPRINGSTED Adviwa w the Public Sertor $19,OQQ,OOQ City of Saint Paul, Minnesota General Obligation Capitat Improvement Bonds, Series 2002A (Book Entry Only) Award: Sate: February 27,2002 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Netlnterest Trve Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC RBC DAIN RAUSCHER ABN-AMRO FINANC7AI, SERVICES GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. STIFEL, IVICOLAUS & CO., INC. PRUDENTiAL SECURITIES, INC. COMI��RCE CAPTTAL MARKETS, INC. Axekod Associates, Inc. Isaak Bond Investmenu, Inc. The GMS Group, Inc. Dougherty and Company LLC U.S. Bancorp Piper Jafiray Inc. Wells Fargo Brokerage Services, LLC 1.45% 2.20% 2.70% 3_00% 3.35% 3.55% 4.00%a 4.125% 2003 2004 2005 2006 2IXY7 2008 2009-2011 2012 3.00% 2003-2004 3.50% 2005 3.75% 2006-2007 4.00% 2008-2010 4.25% 2011-2012 $18,968,305.16 $4,106,99234 3.7160% $19,205,025.60 $4,181,886.90 3.7622°k (Continued) CORPORATE OFF/CE: SAiN7 PAUL. MN . Vi9t aur wehsi[e at www.springsted.opm . DES MOINES, IA • MILWAUKEE, WI • MINNEAPOLLS, �IIi • OYERLAND PARK, KS • YRtGINlA BEACH, VA • R'ASHQdGl'QN, DC . Interest Netlnterest True Interest . Bidder Rates Price Cost Rate MORGAN STANLEY, 3.00% 2003-2005 $19,036,784.10 $4 3.7829% MORGAN STANLEY DW INC. 3.50% 2006-2007 UBS PAINEWEBBER INCORPORATED 4.00% 2008-2012 SALOMON SMTfA BARNEY CRONIN 8c COMPANY, INCORPORATED CITTZEIQS BANIC CIBC WORLD MARKETS STEPHENS, INC. BEAR, STF.ARNS �& CO., INC. CHARLES SCHWAB & COMPANY HUTCHINSON, SHOCKEY, ERLEY 8c COMPANY HIKE SECURITIES, L.P. Reofferiug Sc6edule of the Purchaser Rate 1.45�0 2.203'0 2.70g'o 3.009b 3.35% 355%a 4.00% 4.00% 4.00% 4.125°k Year 2003 2004 2005 2006 2007 2008 2009 2A10 2011 2012 Yield Yaz Par Par Paz Par Paz 3.75% 3.90% Par Paz .. BBI: S.lO�Yo Average Maturity: 5 788 Yeacs � t ' 85 E. SEVEN7H PLACE, SU1TE 100 ' SAQ�7' PAUL, MN 55101-2887 65I.2233000 FAX:65t.2233002 E-MAQ.: advisors@sprinRsted.com �� $2,915,OOOk oa-�4� SPRINGSTED Advisoa u the Public Sector City of Saint Paul, Minnesota General Obligation Street Improvement Special Assessment Bonds, Series 2002B (Book Entry OWy) Award: Sale: February 27,2002 ` . Moody's 12ating: Aa2 Standard & Poor's Rating: AAA Interest NetInterest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, I,LC RBC DAIN RAUSCH�R 1.45% 2003 2.20% 2004 2.70% 2005 3.00% 2006 335% 2007 3.55% 2008 3.75% 2009 3.90% 2010 4.00% 2011-2012 4.125% 2013 4375°k 2014 1.55% 2003 2.75% 2004 3.00% 2005-2006 335% 2007 3.55% 2008 3.75% 2009 3.90°k 2010 4.00% 2011 4.125% 2012 4.25% 2013 4.40% 2014 $2>891,680.00 $2,898,527.55 $707,943.75 3.9039% $711>877.45 3.9209% (Continued) U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC CORPORATEOFf/CE: SAA]TPAUI.,MN • Y�si[acwebsircetwww.spiogsfed.com DES MOAIES.IA • MII,WAUKEE, WI . MINNEpYOLIS. MN . OVERLAND PARK, KS . VD2GINIA HHACH, VA . WASF$iGTON, DC r interest Netinterest True Interest . Bidder Rates Price Cost Rate MORGAN STANLEY, MORGAN STANLEY DW INC. UBS PAINEWEBBER INCORPORATED SALOMON SMITH BARNEY CRONIN & COMPANY, INCORPORATED c�c woxr.n Max�rs crrrzErrs B.�rnc STEPF�NS, INC. BEAR, STEARNS & CO., INC. CHARLES SCHWAB & COMPANY HUTCHINSON, SAOCKEY, ERLEY & COMPANY NII� SEC[JRITIES L.P. ate 3.00% 2003-2005 3SO�o 2006-2007 4.00% 2008-2012 420�Ya 2013 4.40% 2014 $2,914,679.85 $717,330.18 3.9455% Yield Reoffering Sc6edule of the Purchaser 1.453'0 2.20% 2.70% 3.00% 3.35�Ya 3.55% 3.75g'o 3.90% 4.00% 4.00% 4.125% 4.375% Year 2003 2004 2005 2006 2007 2008 2009 2010 ?Al l 2012 2013 2014 * Subsequenr to bid opening, the issue size was not changed Paz par ! Par Paz � Par ` , . Par Par � Par Paz 4.125% 4.25'f6 4.40g'a � BBI: 5.1090 Average Maturity: 6.202 Years ` 85 E. SEVENTH PLACE, SiIlTE 100 SAINT PAUL, MN 55101-2887 651.223.3000 FA7C:651.223.3002 E-MAQ,: advisors(a�,4prinp,sCed.com �� $Z�3$��� aa-�c.o SPRINGSTED Advisors w t6e Public Se¢or City of Saint Paul, Minnesota Taxable General ObGgation Riverfmnt Tax Increment Refunding Bonds, Series 3002C (Book Entry Only) Award: Sale: United Bankers' Bank February 27,2002 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Net Interest True Interest Bidder Rates Price Cost Rate LTNITED BANKERS' BANK CRONIN & COMPANY, INCORPORATED SALOMON SMITH BARNEY MORGAN STANLEY, MORGAN STANLEY DW INC. UBS PAIIVEWEBBER INCORPORATED CITIZENS BANK MTi.T.RR Jp�SON STEICHEN I�NNARD, INC. BERNARDI SECURTTIES, INCORPORATED 2.90% 3.45% 4.25% 4.60°�i 4.75% 5.00% 5.20% 5.35% 5.50% 5.65% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3.00% 4.15% 5.00% 5.10% 535% 5.50% 5.60� 5.70% 3.004'0 3.60% 4.20% 4.50% 4.80% 5.20% 530% 5.50% SSS% 5.65% 20b3-2004 2005 2006-2007 2008 2009 2010 2011 2012 2003 7A04 ?A05 2006 2007 2008 2009 2010 2011 2012 $2,318,655.00 $730,012.50 5.2895% $2,320,66fi.50 $743,064.75 33807% $2,315,152.50 $742,611.88 53867% (Continued) CORPORATEOFFlCE: SAiNTPAUL,MN . Y�sitmcwebs'veatwww.springsted,wm DFS MOAIES.IA • MII,WAUKEE� K7 . N11NNfiAPOLLS. MN . OVERLAND PARK, KS . VRGINIA BEACFI, VA . WASHRJG70N. DC Interest Netinterest True Interest . Bidder Rates Price Cost Rate U.S. $ANCORP PIPER JAFFRAY INC. 3.00°k 2003 $2,321,242.05 $751,856.49 5.4408% WELLS FARGO BROKERAGE 3.40% 2004 SERVICES, I,LC 4.10% 2005 4.60% 2006 ' 4.85% 2007 5.20% 2008 5.60% 2009 5.65% 2�10 5.70% 2011 5.75g'o 2012 NBC CAPTTAI. MARKETS GROLTP, INC. 3.W% 2003 $2,321,953.85 $753,077.92 5.4504% 3.625% 2004 4.25% ?A05 4.70% 2006 5.00% 2007 5.25% 2008 5.40�0 2009 SS590 ?A10 5.75% 2011 5.80% 2012 GRIFFIN, KUBIK, STEPFIEIVS & 5.00%a 2003-2006 ' $2,332,76920 �$755,914.13 5.4715% THOMPSON, INC. 5.25% 2007-2008 , 5.50% 2009-2010 � 5.625% 2011 � 5.75% 2012 MORGAN KEEGAN & CO., INC. 4.50% 2003-20p5 ' $2,331,330.35 $767,309.03 5.5471% 5.00% 2006-2007 5.50% 2008 5.60% 2009 5.75� 2010 - - 5.80�a 2011 5.85�70 20I2 . These Bonds are being reoffered az Par. BBI: 5.10°l0 Average Mauuity: 5.906 Years * Subsequent to bid openirsg, the issue size was not charsged oa-�c.o N O - O N n N N N O O Q N N r O N N } N � Q Q � t 6 m O v ~' t w i w o d W Z m p F- Z = � 0. � �> i � � J > > - p Q a o tn n ='• z F E � p Z _ � y Q Y � � � � E Q O V o a � �O?�O n U �a} W - ' °o � i � O ~ � � � W F Z e � > 0 C p m = O N �� G m N '� O � � � c 0 m C N f6 � a o C fl. 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St Paul St Paul Port Auth, Minnesota $16.080 mil. St Paul Port Auth (St Paui) OUTLOOK: � Rationale AAA AAA AAA AAA AAA STABLE The'AAA' reting on St. Paul, Minn.'s GO bonds reflects the city's: oa-- �c.o • Deep and diverse local economy, which participates in the even broader Minneapolis-St. Paui MSA economy; • Consistentiy strong financial pertormance; . Successful redevelopment efforts, which have heiped spur downtown St. Paul's recovery; and • Development of private and pubiic partnerships, which should ensure the continuation of downtown redevelopment without necessitating large city investments such as those undertaken in the past. After the city witnessed its downtown real estate values deciine by more than 50% between 1988 and 1994, aggressive measures were taken to keep and attract businesses to the area. While substantial investments by the city carried potentiai risks, the more than doubling of downtown property values since 1994 indicates the gains from these decisions are continuing even after the city has retired the debt associated with some of the investments. The city, St. Paui Port Authority, and large consortium of private-sector executives are continuing to promote development, which has led to a dramatic recovery and should make ongoing growth possibie with graduaily decreasing investments by the city itself. Economic fundamentals for the city are strong with government, heaith care, insurance, and technology firms anchoring the deep local employment base. Steady population growth crontinues; 2000 U.S. Census figures indicate that median househoid incomes now exceed the national level. St. Paul has consistently controlled spending through the downtown's decline and state property tax reclassifications to maintain good reserve levels, which never dipped below 13% of expenditures. This fiscai prudence continues with policies for cash flow and contingencies and consistently positive budget variances from year-to-year. Following a$2.0 million generai fund surplus during 2000, 2001 unaudited os- �c.o resufts indicated a$950,000 deficit, representing a$9.8 million positive budget variance. After the smali drawdown, the generai fund balance remains at a strong 23% of expenditures. Debt ratios remain moderate at $1,803 per capita and 4% of market value. Of the city's $227 miliion in GO debt outstanding, $112 miliion is supported by ad valorem taxes; of the remainder, user fees, tax increment revenues, speciai assessments, and parking revenues are supported by $31 miilion; $34 million; $24 million; and $21 million, respectively. � Outlook � The stable outlook reflects Standard & Poor's expectation of the city's continued economic stability and its continued progress in redeveloping the downtown St. Paul area. In addition, the outiook reflects Standard & Poors expectation that the city wilt be able to maintain its strong financia4 posftion. � Economy � St. Paui's overall economy continues to share in the strength of the entire Minneapolis-St. Paul MSA. A diverse employment base includes: . 3M; . State govemment; . U.S. Bancorp Piper Jaffray Inc.; . HealthEast Care System, Children's Hospitai, United Hospital, and Regions Hospitat; . St. Paul schools; . Lawson Software; . Ecolab Inc.; and • St. Paui Cos. Inc. and Minnesota Life Insurance Co. While income projections during the 1990s indicated that both per capita and median household income leveis for the city were about 8% below national levels, 2000 U.S. Census data from the "Suppiemental Survey" of the nation's 64 largest cities indicates that St. Paul's median household income is 10% higher than the median levei for all areas surveyed. � St. Paul's economy continues to benefit from growth in the Twin Cities area; meanwhile, downtown St. Paul continues to be the scene of redevelopment. Residential and retail development is now increasing, spurred by past and current development of office space, entertainment venues, and tourist facilities. Including projects due to be compieted during 2002, more than $1.5 biilion in new investments have occurred in the city since 1988. To attract, manage, and coordinate these investments, the city, port authority, and private sector have formed a development framework. The St. Paul Department of Economic Development and the St. Paul Port Authority form the public sector wing; together they wili serve to coordinate community needs, redevelop brownfields, and provide vocational training. The local chamber of commerce and a consortium of corporate executives acting as the Capital City Partnership account for the private-sector component, which has piayed a key role in attracting major projects like a National Hockey League franchise to the city. Nonprofit and public-private ventures, such as the Saint Paul Rivertront Development Corp. and the Metro East Development Partnership, have emerged to plan and promote a comprehensive development plan in targeted areas. � Finances St. Paul has consistently maintained a strong financial position despite declines in property values through 1995 and lowered taxabie values in 1997-1998. The city has kept annuai growth in general operating expenditures below inflation at about 2.4%, limiting the need for significant tax increases. Excluding nonrealized investment losses, the city realized consecutive operating surpiuses from 1991 - 2000. Although the city realized a small deficit during 2001, the drawdown was due to planned expenditures for increased public safety; e-govemment initiatives; and GASB 34 implementation, as opposed to revenue shortfalls. Even the city's more economically sensitive revenues, such as sales taxes and hotel-motef laxes, continued to grow during 2001, aibeit at slower retes. p 3.- lL0 Conservative budgetary practices have aided these strong financial trends. Historically, the city's actual revenues have averaged 101.3% of the budgeted amount while actuai expenditures have averaged 96.5%. The city holds reserves equal to 10°/a of expenditures for cash flow purposes and now holds additional reserves equal to 5% of expenditures for contingencies. The 2002 budget continues the city's practice of budgeting some use of reserves; policies, however, limit the use of such reserves. Copyright OO '1994-2002 Standartl & Poor's, a tlivision of The McG2wHi�I Companies. All Rights � Reserved. Privaq Policy .�����T�,��������� oa-��o MOODY'S ASSIGNS Ad2 RATING TO ST. PAUL`S (MN) $24.3 GENERAL OBI,IGATION BONDS $261.6 MILLION IN DEBT AFFECTED St. Paul (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Capital Improvement Bonds, Series 2002A Aa2 Sale Amount $19,000,000 Expected Sale Date 02/27/02 Rating Description General Obligation Unlimited Tax General Obligation Street Improvement Special Assessment Bonds, Series 2002B Aa2 Sale Amount $2,915,000 Expected Sale Date 02/27/02 Rating Description General Obligation Unlimited Tax Taxable General Obligation Riverfront Tax Increment Refunding Bonds, Series 2002C Aa2 Sale Amount $2,335,000 Expected Sale Date 02/27/02 � Rating Description General Obligation Unlimited Tax NEW YORK, February 25, 2002 -- Moody's has assigned a Aa2 rating, with a stable outlook, to the City of Saint Paul (MN) $19,000,000 General Obligation Capital Improvement Bonds, Series 2002A, 52,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B, and $2,335,000 Taxable General Obligation Riverfront Tax Increment Refunding Bonds, Series 2002C. At this time we have also affirmed the city's Aa2 rating affecting 5261.6 million of outstanding general obligation bonds. Psoceeds from the Series 2002A and a portion o£ Series 2002B bonds will be used to fund various capital impsovements. The refunding portion of the Series 2002B bonds, $1.9 million, will be used to refund Series 1991B and 1992B bonds £or a net present value savings of 9.10 oP refunded principal. The Series 2002C bonds will be used to refund Series 1993D bonds for a net present value savings of 8.Sa of refunded principal. The bonds are ultimately secured by the city's general obliqation unlimited tax pledge, and the Aa2 rating is based on the city's sizable and growing tax base anchored by the state capital; a trend of sound £inancial management and strong reserve levels; and a high, but manageable debt burden. STATE CAPITAL AND ONGOING RESIDENTIAL REDEVELOPMENT PROVIDE STABLE ECONOMIC BASE oa-��o Saint Pau1 is the state's capital and second largest city. Although generally a mature usban city, redevelopment and new residential development have generated healthy tax base growth averaging 8.7°s Por each of the last five years. Even with the national economic slowdown, the value o£ residential building permits issued in 2001 grew by 2.20, to $414 million, from 2000. The 2000 census indicated that the population of Saint Paul grew by Sa from 1990, to 287,151. As state capital, the economic base is characterized by a sizable government sector (close to 40,000 total employees), with a significant health care presence. Over 70,000 higher education students provide an additional measure of economic stability. The city has continued to redevelop its downtown, adhering to a long-term strategy to revitalize the city's office, entertainment and cultural facilities. Recent completion of a$65 million convention center and $175 million event facility, combined with various new commercial and cultural projects, have anchored the central business district's redevelopment efforts. The national economic recession has had some impact on Saint Paul. Unemployment has increased to 4.0% in December 2001, compared to 2.10 a year ago. Also, the central business district's overall oPfice vacancy rate increased to 8.1� in 2001 from 5.5% in 2000. Despite some evidence of a slowed local economy, Moody's expects that the city's aqgressive commercial and residential redevelopment ef£orts to contribute to healthy population growth and economic expansion going forward. TREND OF SOUND FINANCIAL MANAGEMENT, BUT REVENUE AND EXPENDITURE PRESSURES EXIST Moody's expects £inancial operations to remain sound given the city's history of conservative budgeting and the maintenance of adequate reserve levels. Saint Paul financial operations are supported largely by state aid, 476 of general fund revenue in fiscal 2000. The state is currently deliberating over plans to close a$2.0 billion budget deficit in the current biennium and a 52.5 billion gap in the 2004-2005 biennium. Although state aid to Saint Paul currently appears to be secure, continued state budget pressures could potentially impact the city, to the extent that the state cuts aid to local governments to solve its budget gap. The city historically appropriates approximately 5% of its budget from reserves, but conservative revenue projections and lower than anticipated expenditures eliminate the need to use reserves to fund operations. Preliminary fiscal 2001 results indicate a slight use of reserves, 5951,000, which was much less than the $10.7 million budgeted. Of the city's 544.6 million of General Fund reserves, $17.6 million was reserved for cash Plow purposes and 510.4 million was reserved for next year's budget. The city maintains $8.8 million, 5.20 oP revenue, in reserve for property tax relief which would be available if needed for emergencies. While Moody's believes that reserves are currently adequate, the state's budqet problems and the need for increased funding £or , os-lto public safety and health care could result in pressure to reduce reserve levels. HIGH, BUT MANAGEABLE, DEBT LEVELS Moody's believes that Saint Paul's debt burden, while high at 6.10, is manageable given continued tax base growth and the use of special assessments and tax increment revenue to repay approximately 25°s of the city's direct debt. Debt is amortized rapidly; 78o is retired within 10 years. Officials report plans to issue approximately 521.5 million of general obligation debt in fiscal 2003 to fund the city's onqoing capital improvement plan. The city's capital program is supplemented by the city's one-half cent sales tax that is used to support debt associated with the RiverCenter and the Saint Paul and Housing and Redevelopment Authority. KEY STATISTICS: 2001 estimated population: 288,600 2001 full valuation: $12.5 billion Full value per capita: 543,677 Unemployment (12IOZ): 4.0% Deht burden: 6.10 Direct debt burden: 3.5� Payout of principal (10 years): 78.1% Fiscal 2000 General Fund balance: $44.6 (26.30 of General Fund revenues) ANAI,YSTS : James Mintzer, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1625 Am �Y.a� _�= eb . a't , ao o a, �., p -° g ' _ a�.��,1. ._.., Presented By Referted To Committee: ACCEPTING PROPOSAL ON SALE OF APPROXINIATELY $2,915,000 GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 2002B, PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the Director, Office of Financial Services, has presented proposals received for the sale of approximately $2,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B (the "Bonds"), of the City of Saint Paul, Minnesota (the "City"); and WHEREAS, the proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Springsted Incorporated at 1030 A.M., Central Time, this same day; and WHEREAS, the Director, Office of Financial Services, has advised this Council that the proposal of v,.s, r •, � �,�as found to be the most advantageous and has recommended that said proposal be accepte , and WHEREAS, the City Council of the City has heretofore determined that it is necessary and expedient to provide moneys for a current refunding of (1) the outstanding bonds of the General Obligation Street Improvement Special Assessment Bonds, Series 1991B, dated March l, 1991, as the date of original issue (the "Prior 1991 Bonds"), which are callable on March i, 1999, and on any day thereafter, and (2) the outstanding bonds of the General Obli?ation Street Improvement Special Assessment Bonds, Series 1992B, dated March l, 1992 as the date of original issue (the "Prior 1992 Bonds"), which are callable on March 1, 2000, and on any day thereafter; and WHEREAS, the Prior 1991 Bonds and Prior 1992 Bonds are collectively the "Prior Bonds"; and WHEREAS, refunding with the proceeds of the Bonds the outstanding Priar Bonds maturing after March 1, 2002, for payment on April 1, 2002, is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service costs; and WHEREAS, the proceeds of the Bonds will also finance certain street improvements to be specially assessed, for which the City is proceeding pursuant to its Charter and not Minnesota Statutes, Chapter 429, with any excess to be used for any other puxpose permitted by law; and Pa�� S � � 3 , '-t , � � } a� � a � � 3 0 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # � e1 ` � �.� Green Shee[ # �� s e_� '30 1377608v2 o�. • tc.o WHEREAS, the City has heretofore issued registered obligations in certificated form, and incurs substantial costs associated with their printing and issuance, and substantial . continuing transaction costs relating to their payment, transfer and exchange; and WHEREAS, the City has detemiined that significant savings in transaction costs will result from issuing bonds in "giobal book-entry form", by which bonds aze issued in certificated form in lazge denominations, registered on the books of the City in the name of a depository or its nominee, and held in safekeeping and immobilized by such depository, and such depository as part of the computerized national securities clearance and settlement system (the "National System") registers transfers of ownership interests in the bonds by making computerized book entries on its own books and distributes payments on the bonds to its Participants shown on its books as the owners of such interests; and such Participants and other banks, brokers and dealers participating in the National System will do likewise (not as agents of the City) if not the beneficial owners of the bonds; and WfIEREAS, "Participants" means those financial institutions for whom the Depository effects book-entry transfers and pledges of securities deposited and immobilized with the Depository; and WFIEREAS, The Depository Tnxst Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors or successors to its functions hereunder (the "Depository"), will act as such depository with respect to the Bonds except as set forth below, and the City has heretofore delivered a letter of representations (the "Letter of Representations") setting forth various matters relating to the Depository and its role with respect to the Bonds; and WHEREAS, the City will deliver the Bonds in the form of one certificate per maturity, each representing the entire principal amount of the Bonds due on a particular maturity date (each a"Global Certificate"), which single certificate per maturity may be transferred on the City's bond register as required by the Uniform Commercial Code, but not exchanged for smaller denominations unless the City determines to issue Replacement Bonds as provided below; and WHEREAS, the City will be able to replace the Depository or under certain circumstances to abandon the "global book-entry form" by 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 certificates representing the Bonds so authenticated and delivered by the Bond Registrar pursuant to paragraphs 6 and 12 hereof; and WHEREAS, "Holder" as used herein means the person in whose name a Bond is registered on the registration books of the City maintained by the registrar appointed as provided in paragraph 8(the "Bond Registraz"); and WHEREAS, Rule 15c2-12 of the Securities and Exchange Commission prohibits "participating undenvriters" from purchasing or selling the Bonds unless the City undertakes to provide certain continuing disclosure with respect to the Bonds; and WHEREAS, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), public sale requirements do not apply to the Bonds if the City retains an independent financial 1377608v2 Z Amcv.�.c� po�� - t'�b. �.*1� �oo� advisor and determines to sell the Bonds by private negotiation, and the City has instead authorized a competitive sale without publication of notice thereof as a form of private negotiation; and VJHEREAS, proposals for the Bonds have been solicited by Springsted Incorporated pursuant to an Official Statement and Terms of Proposal therein; and oa- ��� WHEREAS, in the Terms of Proposal relating to the Bonds the City reserved the right to increase or decrease the issue size from the proposed $2,915,000 by not to exceed $75,000, and to adjust the purchase price so that the adjusted purchase price bears the same ratio to the adjusted principal as the proposal beazs to $2,915,000; and WHEREAS, the City has detemuned not to adjust the principal amount from the proposed $2,915,000: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of U.S. Bancorp Piper Jaffray Inc. (the "Purchaser") to purchase $2,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest hereinaRer set forth, and to pay therefar the sum of $2,891,680, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Director, Office of Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to forthwith retum to the others making proposals their good faith checks or drafts. 2. Title• Originai Issue Date' Denominations; Maturities. The Bonds shall be titled "General Obligation Street Improvement Special Assessment Bonds, Series 2002B", shall be dated March 1, 2002, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward. Global Certificates shall each be in the denomination of the entire principal amount maturing on a single date, or, if a portion of said principal amount is prepaid, said principal amount less the prepayment. Replacement Bonds, if issued as provided in paragraph 6, shall be in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on March 1 in the years and amounts as follows: i3�76osvz A�.4..�.<J Pa��. -�= ti. aZ, aa�� 01_�40 Yeaz 2003 2004 2005 2006 2007 2008 Amount $380,000 255,Q�Q 245,000 235,000 230,000 225,000 Year 2009 2Q10 2011 2012 2013 2014 Amount $220,000 215,000 210,000 205,000 125,000 370,000 3. Purpose; Fin�. The Bonds in part shall provide funds for the construction of various street improvements (the "Improvements") in the City, and any excess construction funds shall be devoted to any other purpose permitted by law. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds availabie for this purpose. Work on the Improvements shall proceed with due diligence to completion. The Bonds (together with other available fixnds in the Debt Service Funds created for the Prior Bonds) in part shali also provide funds for a current refunding of all of the outstanding Prior Bonds matuiing after 2002 (which callable Prior Bonds are herein also referred to as the "Refunded Bonds"). The Prior Bonds were issued to finance the costs of various street improvements (the "Priar Improvements ). It is hereby found, determined and declared that this refunding of the Prior ,� Bonds is pursuant to Minnesota Statutes, Section 475.67, and is necessary or desirable for the reduction of debt service costs. 4. Interest The Bonds shall bear interest payable semiannually on March 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Year 2003 2004 2005 2006 2007 2008 Interest Rate 1.450% 2.200 2.700 3.000 3350 3.550 Maturity Year 2009 2010 2011 2012 2013 2014 Interest Rate 3.750% 3.900 4.000 4.000 4.125 4375 5. Description of the Global Certificates and Global Book-Entrv Svstem. Upon their original issuance the Bonds will be issued in the form of a single Global Certificate for each maturity, deposited with the Depository by the Purchaser and immobilized as provided in para�aph 6. No beneficial owners of interests in the Bonds will receive certificates representing their respective interests in the Bonds except as provided in paragraph 6. Except as so provided, during the term of the Bonds, beneficial ownership (and subsequent transfers of " 1377608v2 4 aa . lc.o beneficial ownership) of interests in the Global Certificates will be reflected by book entries made on the records of the Depository and its Participants and other banks, brokers, and dealers participating in the National System. The Depository's book entries of beneficial ownership interests are authorized to be in increments of $5,000 of principal of the Bonds, but not smaller increments, despite the larger authorized denominations of the Global Certificates. Payment of principal of, premium, if any, and interest on the Global Certificates will be made to the Bond Registrar as paying agent, and in tum by the Bond Registrar to ttie Depository or its nominee as registered owner of the Global Certificates, and the Depository according to the laws and rules goveming it will receive and forward payments on behalf of the beneficial owners of the Global Certificates. Payment of principal of, premium, if any, and interest on a Global Certificate may in the City's discretion be made by such other method of transferring funds as may be requested by the Holder of a Global Certificate. 6. Immobilization of Global Certificates bv the Depositorv: Successor Depository; Replacement Bonds. Pursuant to the request of the Purchaser to the Depository, which request is required by the Terms of Proposal, immediately upon the original delivery of the Bonds the Purchaser will deposit the Global Certificates representing ali of the Bonds with the Depository or its agent. The Giobal Certificates shall be in typewritten form or otherwise as acceptable to the Depository, shall be registered in the name of the Depository or its nominee and shall be held immobilized from circulation at the offices of the Depository or its agent on behalf of the Purchaser and subsequent bondowners. The Depository or its nominee will be the sole holder of record of the Global Certificates and no investor or other party purchasing, selling or otherwise transferring ownership of interests in any Bond is to receive, hold or deliver any bond certificates so long as the Depository holds the Global Certificates immobilized from circulation, except as provided below in this pazagraph and in paragraph 12. Certificates evidencing the Bonds may not after their original delivery be transferred or exchanged except: (i) Upon registration of transfer of ownership of a Global Certificate, as provided in pua�raph 12, (ii) To any successor of the Depository (or its nominee) or any substitute depository (a "substitute depository") designated pursuant to clause (iii) of this subparagraph, provided that any successor of the Depository or any substitute depository must be both a"clearing corporation" as defined in the Minnesota Uniform Commercial Code at Minnesota Statutes, Section 336.8-102, and a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended, (iii) To a substitute depository designated by and acceptable to the City upon (a) the determination by the Depository that the Bonds shall no longer be eligible far its depository services or (b) a determination by the City that the Depository is no longer able to carry out its fiznctions, provided that any substitute depository must be qualified to act as such, as provided in clause (ii) of this subparagraph, or 1377608v2 p�_ �c. o (iv) To those persons to whom transfer is requested in written transfer instructions in the event that: (a) the Depository shali resign or discontinue its services for the Bonds and the City is unable to locate a substitute depository within two (2) months foilowing the resignation or detemiination of non-eligibility, or (b) upon a determination by the City in its sole discretion that (1) the continuation of the book-entry system described herein, which precludes the issuance of certificates (other than Global Certificates) to any Holder other than the Depository (or its nominee), might adversely affect the interest of the beneficiai owners of the Bonds, or (2) that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated bonds, in either of which events the City shall notify Holders of its detennination and of the availability of certificates (the "Replacement Bonds") to Holders requesting the same and the registration, transfer and exchange of such Bonds will be conducted as provided in paragraphs 9B and 12 hereof. In the event of a succession of the Depository as may be authorized by this pazagraph, the Bond Registraz upon presentation of Global Certificates shall register their transfer to the substitute or successor depository, and the substitute or successor depository shall be treated as the Depository for all purposes and functions under this resolution. The Letter of Representations shall not apply to a substitute or successor depository unless the City and the substitute or successor depository so agree, and a similar agreement may be entered into. 7. Redemption. (a) Ootional Redemvtion; Due Date. All Bonds maturing after March 1, 2010, shall be subject to redemption and prepayment at the option of the City on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall determine; and if only part of the Bonds having a common maturity date are called for prepayment, the Global Certificates may be prepaid in $5,000 increments of principal and, if applicable, the specific Replacement Bonds to be prepaid shall be chosen by lot by the Bond Registraz. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and aRer the redemption date. (b) Notation on Global Certificate. Upon a reduction in the aggregate principal amount of a Global Certificate, the Holder may make a notation of such redemption on the panel provided on the Global Certificate stating the amount so redeemed, or may retum the Global Certificate to the Bond Registrar in exchange for a new Global Certificate authenticated by the Bond Registrar, in 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 such Global Certificate outstanding, unless the Bond Registrar has signed the appropriate column of the panel. 1377608v2 o a.. ��o (c) Selection of Replacement Bonds. To effect a partial redemption of Replacement Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shail assign to each Replacement Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Replacement Bond. The Bond Registraz shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Replacement Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Replacement Bonds to be redeemed. The Replacement Bonds to be redeemed shall be the Replacement Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount 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 selected. (d) Partial Redemption of Reqlacement Bond. If a Replacement Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written inshument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or his, her or its attomey duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Replacement Bond, without service charge, a new Replacement Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. (e) Request for Redem�tion. The Bond Registraz shall call Bonds for redemption and payment as herein provided upon receipt by the Bond Registrar at least forty-five (45) days prior to the redemption date of a request of the City, in written form if the Bond Registrar is other than a City officer. Such request shall specify the principai amount of Bonds to be cailed for redemption and the redemption date. (� Notice. Mailed notice of redemption shall be given to the paying agent (if other than a City officer) and to each affected Holder. If and when the City shall call any of the Bonds for redemption and payment prior to the stated maturity thereof, the Bond Registrar shall give written notice in the name of the City of its intention to redeem and pay such Bonds at the office of the Bond Registrar. Notice of redemption shall be given by first class mail, postage prepaid, mailed not less than thirty (30) days prior to the redemption date, to each Holder of Bonds to be redeemed, at the address appearing in the Bond Register. All notices of redemption shall state: (i) The redemption date; (ii) The redemption price; (iii) If less than all outstanding Bonds are to be redeemed, the idenUfication (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; 1377608v2 �] Da- • �c.o (iv) That on the redemption date, the redemption price will become due and payable upon each such Bond, and that interest thereon shall cease to accrue from and after said date; and (v) The place where such Bonds aze to be surrendered for payment of the redemption price (which shall be the office of the Bond Registrar). (g) Notice to Depositorv. Notices to The Depository Trust Company or its nominee shall contain the CUSIP numbers of the Bonds. If there are any Holders of the Bonds other than the Depository or its nominee, the Bond Registrar shall use its best efforts to deliver any such notice to the Depository on the business day next preceding the date of mailing of such notice to all other Holders. 8. Bond ReQistrar. U.S. Bank Trust National Association, in Saint Paul, Minnesota, is appointed to act as bond registraz and transfer agent with respect to the Bonds (the "Bond Registrar"), and shali do so unless and until a successor Bond ltegistrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. A successor Bond Registrar shall be an officer of the City or a bank or trust company eligible for designation as bond registrar pursuant to Minnesota Statutes, Chapter 475, and may be appointed pursuant to any contract the City and such successor Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and untii a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the Holders (or record holders) of the Bonds in the manner set forth in the forms of Bond and paragraph 14 of this resolution. 9. Forms of Bond The Bonds shall be in the form of Global Certificates unless and until Replacement Bonds aze made available as provided in paragraph 6. Each form of bond may contain such additional or different terms and provisions as to the form of payment, record date, notices and other matters as are consistent with the Letter of Representations and approved by the City Attomey. A. Global Certificates. The Global Certificates, together with the Certificate of Registration, the Register of Partial Payments, the form o£Assignment and the registration information thereon, shall be in substantially the following form and may be typewritten rather than printed: 7377608v2 b a.,,_ 1c.a LJNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CTTY OF SAINT PAUL R- INTEREST ItATE GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2002B MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP March 1, REGISTERED OWNER: PRINCIPAL AMOUNT: March 1, 2002 DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above or on the certificate of registration below, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for eazlier redemption, and to pay interest thereon semiannually on Mazch 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, at the rate per annum specified 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 recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable in same- day funds by 230 p.m., Eastem time, upon presentation and surrender hereof at the principal office of in , Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer; provided, however, that upon a partial redemption of this Bond which results in the stated amount hereof being reduced, the Holder may in its discretion be paid without presentation of this Bond, which payment shall be received no later than 2:30 p.m., Eastem time, and may make a notation on the panel provided herein of such redemption, stating the amount so redeemed, or 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 outstanding, unless the Bond Registrar has signed the appropriate column of the panel. Interest on this Bond will be paid on each Interest Payment Date in same-day funds by 2:30 p.m., Eastern time, to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendaz month preceding such Interest Payment Date (the "Regulaz Record Date"). Interest payxnents shall be received by the Holder no later than 2:30 p.m., Eastern time; and principal and premium 1377608v2 aa--��� payments shall be received by the Holder no later than 2:30 p.m., Eastem time, if the Bond is surrendered for payment enough in advance to permit payment to be made by such time. Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registraz whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond aze payable in lawful money of the United States of America. Date of Pavment Not Business Dav. If the date for payment of the principal o� premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of New York, New York, or the city where the principal office of the Bond Registraz is located aze authorized by law or executive order to close, then the date for such payment shail be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions aze authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Redemption. All Bonds of this issue (the "Bonds") maturing after March 1, 2010, aze subject to redemption and prepayment at the option of the Issuer on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall determine; and if only part of the Bonds having a common maturity date aze called for prepayment, this Bond may be prepaid in $5,000 increments of principal. Bonds or portions thereof called for redemption shali be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of Redemption. Mailed notice of redemption shall be given to the paying a�ent (if other than a City officer) and to each affected Holder of the Bonds. In the 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 date to each Holder of Bonds to be redeemed. In connection with any such notice, the "CUSIP" numbers assigned to the Bonds shail be used. Reolacement or Notation of Bonds after Partial Redemption. Upon a partial redemption of this Bond which results in the stated amount hereof being reduced, the Holder may in its discretion make a notation on the panel provided herein of such redemption, stating the amount so redeemed. Such notation, if made by the Holder, shali 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 the Bond outstanding, unless the Bond Registrar has signed the appropriate column of the panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written insriument of transfer in forxn satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attomey duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registraz shall authenticate and deliver to the Holder of such Bond, without service chazge, a new Bond of the same series having the same stated maturity and interest rate and of the authorized denomination 1377608v2 1 Q oa..�c.o in aggregate principal amount equai to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose: General Obli�ation. This Bond is one of an issue in the total principal amount of $2,915,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full confomuty with the Constitution and laws of the State of Minnesota and the Charter of the Issuer, and pursuant to a resolution adopted by the City Council of the Issuer on February 27, 2002 (the "Resolution"), for the purpose of (1) providing money to fmance the construction of various street improvements in the City and (2) providing funds for a current refunding of the City's General Obligation Street Improvement Special Assessment Bonds, Series 1991B and 1992B. This Bond is payable out of a special account relating to the Bonds in the General Obligation Special Assessments — Streets Debt Service Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premiuxn, if any, and interest when the same become due, the full faith and credit and tasing powers of the Issuer have been and are hereby inevocably pledged. Denominations; Exchanae; Resolution. The Bonds are issuable originally only as Global Certificates in the denomination of the entire principal amount of the issue maturing on a singie date, or, if a portion of said principal amount is prepaid, said principal amount Iess the prepayment. Global Certificates aze not exchangeable for fully registered bonds o£ smaller denominations except to evidence a partial prepayment or in exchange for Replacement Bonds if then available. Repiacement Bonds, if made available as provided below, are issuable solely as fully registered bonds in the denominations of $5,000 and integral muitiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner 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 the Resolution are on file in the principal office of the Bond Registrar. Reolacement Bonds. Replacement Bonds may be issued by the Issuer in the event that: (a) the Depository shall resign or discontinue its services for the Bonds, and only if the Issuer is unable to locate a substitute depository within two (2) months following the resignation or determination of non-eligibility, or (b) upon a determination by the Issuer in its sole discretion that (1) the continuation of the book-entry system described in the Resolution, which precludes the issuance of certificates (other than Global Certificates) to any Holder other than the Depository (ar its nominee), might adversely affect the interest of the beneficial owners of the Bonds, or (2) that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated bonds. Transfer. This Bond shall be registered in the name of the payee on the books of the Issuer by presenting this Bond for registration to the Bond Registrar, who will endorse his, her or its name and note the date of registration opposite the name of the payee in the certificate 7377608v2 1 1 o a-1c.o of registration attached hereto. Thereafter this Bond may be transferred by delivery with an assignment duly executed by the Holder or his, her or its legal representatives, and the Issuer and Bond Registrar may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner unril this Bond is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effecfive, and unril such transfer is registered on said books and noted hereon by the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Bond Registraz. Transfer of this Bond may, at the direction and expense of the Issuer, be subject to certain other restrictions if required to qualify this Bond as being "in registered form" within the meaning of Section 149(a) of the federal Internal Revenue Code of 1986, as amended. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owner. The Issuer and Bond Registraz may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Bond shali be overdue, and neither the Issuer nor the Bond Registrar shali be affected by notice to the contrary. Authentication. This Bond shail not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax-Exempt Obli atQ ions. The Bonds have not been designated by the Issuer as "qualified tas-exempt obligations" for purposes of Section 265(b)(3) of the federal Intemal Revenue Code of 1986, as amended. The Bonds do not qualify for such designation. IT 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 happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory or Charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the photocopied facsimile signature of its Mayor, attested by the photocopied facsimile signature of its Clerk, and countersigned by the photocopied facsimile signature of its Director, Office of Financial Services, the official seal having been omitted as permitted by law. 1377608v2 IZ ca-►c.n Date of Registration: BQND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registraz Authorized Signature Registrable by: Payable at: CITY OF SAINT PAUL, RAMSEY COUNTY, NIINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services General Obligation Street Improvement Special Assessment Bond, Series 2402B, No. R-_ 1377608v2 13 bd..-\l.o CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Bond may be made only by the registered owner or his, her or its legal representative last noted below. DATE OF SIGNATURE OF REGISTRATION REGISTERED OWNBR BOND REGISTRAR 1377608v2 14 oa-�c�� REGISTER OF PARTIAL PAYMENTS The principal amount of the attached Bond has been prepaid on the dates and in the amounts noted below: Date Amount Bondholder Bond Re ��straz If a notation is made on this register, such notation has the effect stated in the attached Bond. Partial payments do not require the presentation of the attached Bond to the Bond Registrar, and a Holder could fail to note the partial payment here. 1377608v2 1$ pZ--lc.D ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicabie laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 1377608v2 j ( Da--L�o ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the attached Bond and does hereby urevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the attached Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guazanteed by a national bank or hust company or by a brokerage firm having a membership in one o£the major stock exchanges or any other'Bligible Guarantor Institution" as defined in 17 CFR 240.17Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1377608v2 1�] �2�- � `� B. Replacement Bonds. If the City has notified Holders that Replacement Bonds have been made available as provided in pazagraph 6, then for every Bond thereafter transfened or exchanged (including an exchange to reflect the partial prepayment of a Globai Certificate not previously exchanged for Replacement Bonds) the Bond Registrar shall deliver a certificate in the form of the Replacement Bond rather than the Global Certificate, but the Holder of a Global Certificate shail not otherwise be required to exchange the Global Certificate for one or more Replacement Bonds since the City recognizes that some beneficial owners may prefer the convenience ofthe Depository's registered ownership ofthe Bonds even though the entire issue is no longer required to be in global book-enhy form. The Replacement Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shali be in substantially the following form, with paragraphs identical to the form of Globai Certificate stated by heading or initial text oniy: 1377608v2 18 0 �.--1�- � GENERAL OBLIGATION STREET INIPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2002B INTEREST RATE % REGISTERED OWNER: PRINCIPAL AMOUNT: UIVITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CTTY OF SAINT PAUL MATURITY DATE DATE OF ORIGINAL ISSLJE $ CUSIP Mazch 1, March 1, 2002 DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on Mazch 1 and September 1 of each year (each, an"Interest Payment Date"), commencing September 1, 2002, at the rate per annum specified above (calculated on the basis of a 3b0-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest �rom the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of ,in , (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regulaz Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shail be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registraz whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. (377608v2 _ 19 62--��- REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES FIAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED .... IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by its City Councii has caused this Bond to be executed on its behalf by the original or facsimile signature of its Mayor, attested by the original or facsimile signature of its Clerk, and countersigned by the original or facsimile signature of its Director, Office of Financial Services, the official seal having been omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar Authorized Signature Registrable by: Payable at: CITY OF SAINT PAUL; RAMSEY COUNTY, MINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services 1377608v2 2,0 b a -�.c.o ON REVERSE OF BOND Date of Pavment Not Business Day. Redemption. All Bonds of this issue (the "Bonds") maturing after Mazch i, 2010, are subject to redemption and prepayment at the option of the Issuer on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall deterxnine; and if only part of the Bonds having a common maturity date aze called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registraz. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of Redemntion. Selection of Bonds for Redem�t�ion. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount 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 numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that oniy so much of the principal amount of such 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 selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registraz (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggegate principal amount equal to and in exchange for the uru portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli ag tion. Denominations; Exchan�e; Resolution. The Bonds aze issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and aze exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registraz, but only in the manner 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 the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attomey duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions is��aos�z 21 a� -��-c� provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Bond Registraz. Thereupon the Issuer shall execute and the Bond Registrar shali authenticate and deliver, in exchange for 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 desi�atiori), of an authorized denomination or denominations, in aggregate principal amount equai to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees unon Transfer or Loss. Treatment ofRegistered Owner. Authentication Not Oualified Tax-Exempt Oblieations. ABBREVIATIONS 1377608v2 22 o1-w� ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appeazs upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guazantor Institution" as defined in 17 CFR 240.17Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information conceming the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1377608v2 23 O a. _lc.o 10. Execution. The Bonds shall be executed on behalf of the City by the signatures of its Mayor, Clerk and D'uector, Office of Financial Services, each with the effect noted on the forxns of the Bonds, and be sealed with the seal of the City; provided, however, that the seai of the City may be a printed or photocopied facsimile; and provided fiirther that any of such signatures may be printed or photocopied facsimiles and the corporate seal may be omitted on the Bonds as pernutted by law. In the event of disability or resignation or other absence of any such officer, the Bonds may be signed by the manual or facsunile signature of that officer who may act on behalf of such absent or disabled officer. In case any such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 11. Authentication; Date of Re¢istration. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registraz. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated. For purposes of delivering the original Global Certificates to the Purchaser, the Bond Registrar shall insert as the date of registration the date of original issue, which date is March 1, 2002. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 12. Registration; Transfer; Exchan�e. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registraz shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transfesed as herein provided. A Global Certificate shall be registered in the name of the payee on the books of the Bond Registrar by presenting the Global Certificate for registration to the Bond Registrar, who will endorse his or her name and note the date of registration opposite the name of the payee in the certificate of registration on the Global Certificate. Thereafter a Global Certificate may be transfened by delivery with an assignment duly executed by the Holder or his, her or its legal representative, and the City and Bond Registraz may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner until a Global Certificate is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until snch transfer is registered on said books and noted thereon by the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar. Transfer of a Global Certificate may, at the direction and expense of the City, be subj ect to other restrictions if required to qualify the Global Certificates as being "in registered 1377608v2 2,4 ba -��-� form" within the meaning of Section 149(a) of the federal Intemal Revenue Code of 1986, as amended. If a Global Certificate is to be exchanged for one or more Replacement Bonds, all of the principal amount of the Global Certificate shall be so exchanged. Upon surrender for transfer of any Replacement Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in pasagraph 1 l� of, and deliver, in the name of the designated transferee or transferees, one or more new Replacement Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated mahxrity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "beazer" or similaz designation. At the option of the Holder of a Replacement Bond, Replacement Bonds may be exchanged for Replacement Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Replacement Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Replacement Bonds are so surrendered for exchange, the City shail execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Replacement Bonds which the Holder making the exchange is entitled to receive. Global Certificates may not be exchanged for Global Certificates of smaller denominations. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shail be valid general obligations of the City evidencing the same debt, and entitied to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attomey duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 13. Riehts Upon Transfer or Exchanee. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 1377b08v2 25 oa -�c.o 14. Interest Payment: Record Date. Interest on any Giobal Certificate shall be paid as provided in the first pazagraph thereof, and interest on any Replacement Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar, and in each case at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendaz month preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 15. Holders; Treatment of Reeistered Owner; Consent of Holders. A. For the purposes of all actions, consents and other matters affecting Holders of the Bonds, other than payments, redemptions, and purchases, the City may (but shall not be obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead of the person in whose name the Bond is registered. Far that purpose, the City may ascertain the identity of the beneficial owner of the Bond by such means as the Bond Registrar in its sole discretion deems appropriate, including but not limited to a certificate from the person in whose name the Bond is registered identifying such beneficial owner. B. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 14 above) on, such Bond and for ali other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. C. Any consent, request, direction, approval, objection or other instrument to be signed and executed by the Holders may be in any number of concurrent writings of similar tenor and must be signed or executed by such Holders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Resolution and shali be conclusive in favor of the City with regard to any action taken by it under such request or other inshument, namely: (1) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such writing acknowledged before him or her the execution thereof, or by an affidavit of any witness to such execution. (2) Subject to the provisions of subparagraph (A) above, the fact of the ownership by any person of Bonds and the amounts and numbers of such Bonds, and the date of the holding of the same, may be proved by reference to the bond register. 1377608v2 'L,( Am�r.a� �a�� - r-�b. a�, ao�� c�a.- �(�o 16. Deliverv: ADnlication of Proceeds. The Global Certificates when so prepazed and executed shall be delivered by the Director, Office ofFinancial Services, to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Funds. There is hereby created a special fund to be designated the "2002 Capital Projects Fund" (numbered G02, the "Capital Fund"), to be admiuistered and maintained by the City Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official fmancial records of the City. There has been heretofore created and established the "General Obligation Special Assessments -- Streets Debt Service Fund" (numbered 963, the "Debt Service Fund"). For the convenience and proper administration of the moneys to pay the Prior Bonds, there is hereby created the "2002 Streets Refunding Fund", to be administered and maintained as a bookkeeping account separate and apart from all other accounts maintained on the official financial records of the City. The 2002 Streets Refunding Fund shall be maintained in the manner herein specified until all of the Prior Bonds have been paid. The Capital Fund, and Debt Service Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. (i) Capital Fund. To the Capital Fund there shall be credited the proceeds of the sale of the Bonds, less amounts deposited in the 2002 Streets Refiznding Fund, less accrued interest received on the Bonds, and less any amount paid for the Bonds in excess of $2,888,�65. From the Capital Fund there shall be paid all costs and expenses of making the Improvements listed in paragraph 18, after they have been ordered in accordance with the Charter of the City, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65 (including interest on the Bonds payable during the construction period); and the moneys in the Capital Fund shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Capital Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of any other purpose permitted by law, or transferred to the Debt Service Fund. All earnings on the Capital Fund shall be transferred to the Debt Service Fund, or may be retained in the Capital Fund. (ii) 2002 Streets RefundinQ Fund. Proceeds of the sale of the Bonds sufficient, with other available moneys, to redeem the Refunded Bonds on April 1, 2002, shall be deposited in the 2002 Streets Refunding Fund and used in paying the Refunded Bonds upon their redemption on April l, 2002. The moneys in the 2002 Streets Refunding Fund shall be used solely for the purposes herein set forth and for no other purpose. Any excess in the 2002 Streets Refunding Fund after the payment of the Refunded Bonds shall be deposited in the Debt Service Fund. ' 1377608v2 2"] R�.��.p��, �'>�� — F�b. a�, aoo� oa- ��o (iii) Debt Seroice Fund. There is hereby pledged and there shall be credited to a special account relating to the Bonds in the Debt Service Fund: (a) coilections of special assessments herein covenanted to be levied with respect to the Improvements, to the extent provided in pazagraph 19; (b) coliections after April 1, 2002, of special assessments levied with respect to the Prior Improvements; (c) all accrued interest received upon delivery of the Bonds; (d) all funds paid for the Bonds in excess of $2,888,765; (e) any coliections of all taaces which are levied herein, or which may hereafter be levied in the event that the special assessments herein pledged to the payment of the Bonds and interest thereon aze insufficient therefor; ( fl all funds remanung in the Capital Fund a$er completion of the Improvements and payment of the costs thereof, not so transfened to the account of another improvement or used to pay the costs of any other purpose permitted by law; (g) amounts transfened from the 2002 Streets Refunding Fund; (h) balances after April 1, 2002, remaining in the Debt Service Funds established for the Prior Bonds; and (i) all investment earnings on moneys held in such special account in the Debt Service Fund or (at the City's option) on moneys held in the Capital Fund. If moneys in the special account of the Debt Service Fund should ever be insufficient to pay debt service on the Bonds, the Bonds shali be paid from the Debt Service Fund or any other special account therein, and the Bonds are hereby made payable from the Debt Service Fund and any other special accounts therein for this purpose. Amounts drawn from the Debt Service Fund or any special account therein may be repaid with or without interest when moneys sufficient for such repayment are deposited in the special account relating to the Bonds in the Debt Service Fund. The special account relating to the Bonds in the Debt Service Fund 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 issued by the City and made payable from such special aceount in the Debt Service Fund as provided by law, or to pay any rebate due to the United States. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding inveshnents or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent (5%) of the proceeds of the Bonds. To this effect, any sums from time to time held in the Capital Fund, in the 2002 Streets Refunding Fund or in such special account in the Debt Service Fund (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrabe regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said azbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Capital Fund or in the 2002 Streets Refunding Fund or in such special account in the Debt Service Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 1377608v2 'Lg \�lr�.c..�,�c� �sg� — � ��0. a'?, 3-003� V �'a- - � �� 18. Assessments; Coverage Test. The City Council has heretofore determined, and does hereby determine, to proceed with the Ixnprovements and special assessments with respect thereto under the provisions of the Charter of the City, rather than the provisions of Minnesota Statutes, Chapter 429. It is hereby determined that no less than twenty percent (20%) of the cost to Ihe City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one yeaz after ordering each Improvement financed hereunder unless the resolution ordering the Ixnprovement specifies a different time limit for the letting of construction contracts and will do and perform, as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments for the Improvements have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as ue required by conditions in existence at the time the assessments aze levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annuai installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum approximately one percent (1%) per annum in excess of the net effective rate of interest on the Bonds: Improvement Desi¢nation Cotta�e/Greenbrier HoyUMerrill Amount $633,244 428 208 Levy Years Collection Years TOTAL $1,061,452 2002-2021 for all 2003-2022 for all The special assessments for the Improvements and with respect to the Prior Improvements shall be such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds in every year except the final year (2014). At the time the assessments for the Improvements are in fact levied the City Council shall, based on the then-cturent estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. ,-' t377608v2 Zl� ��.�r�.�� �� �=�e. ��, �.o�� aa--��� 19. Lunit on Special Assessments Pled�ed. The City Council hereby finds, determines and declares that the payxnent of the Bonds does not require the pledge of all the special assessments which may be levied with respect to the Improvements identified in paragraph 18, and that it is necessazy, proper and expedient to provide that payments and prepayxnents of special assessments in excess of the debt service requirements of the Bonds be put to use for other purposes sooner than upon the termination of the Debt Service Fund. Only $1,000,000 original principal amount of the special assessments (which amount is the "Pledged Assessments"), and interest thereon, recognized in paragraph 18 of this Resolution (of which $214,653 are necessary prior to their scheduled receipt in order to pay debt service on the Bonds on March 1, 2003) are or shall be pledged to the payxnent of the Bonds, and payments of, or with respect to, such special assessments in excess of the Pledged Assessments shall be credited instead to a special account in the Capital Fund, and used for the purpose of paying any additional costs of the Ixnprovements and the costs of other improvements approved by the City, as follows: (a) the first $214,653 of all prepayments of special assessments recognized in paragraph 18 shall be credited to the Debt Service Fund, (b) thereafter until such time as the special assessments from time to fime outstanding equal in original principal amount the Pledged Assessments or less, prepayments of any of the special assessments recognized in paragraph 18 shall be treated as prepayments of the portion of the special assessments not pledged to the Bonds and shall be credited instead to said special account of the Capital Fund, and used as provided above, and (c) while the special assessments from time to time outstanding equal in original principal amount the Pledged Assessments or more, regular installment payments made on the Pledged Assessments only (not all of the special assessments) shall be credited to the Debt Service Fund, and regular installment payments on that portion, if any, of the remauung assessments in excess of the Pledged Assessments shall be credited to said special account of the Capital Fund, and used as provided above. All special assessments collected after April 1, 2002, with respect to the Prior Improvements are pledged to the payment of the Bonds. 20. Taa� Levy; Covera eg Test. If taaces are levied as provided in the final part of paragraph 18, the tas levies sha11 be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. To provide moneys for payment of the principal and interest on the Bonds due to be paid in 2014 there is hereby levied upon all of the tasable property in the City a direct annual ad valorem taY which shall be spread upon the taac rolls and collected with and as part of other general property tases in the City for the years and in the amounts as follows: Year of Tax Year of Taac Levv Collection Amount 2012 2013 $347,387 The taac levies are such that if collected in full they, together with esrimated collections of special assessments and other revenues herein pledged far the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The taY levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power is��eos�z 30 oz.-�c.o to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 21. General Obligation Pled�e. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taacing powers of the City shall be and aze hereby irrevocably pledged. If the balance in the special account relating to the Bonds in the Debt Service Fund (as defined in paragraph 17 hereo� is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any oflier funds of the City which aze available for such purpose, including the general fund of the City and the Debt Service Fund and the special accounts therein, and such other funds may be reimbursed with or without interest from the special account in the Debt Service Fund relating to the Bonds when a sufficient balance is available therein. 22. Other Redemption Monevs. To the extent that the proceeds of the Bonds are not sufficient to pay the redemption price of the Refunded Bonds, said redemption price shail be paid from moneys in the Debt Service Funds established for the Prior Bonds. 23. Refunded Bonds; Securitv. Until retirement of the Refiznded Bonds, all provisions heretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24. Redemntion of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on April 1, 2002, all in accordance with the terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit B, which terms and conditions aze hereby approved and incorporated herein by reference. Notices of Call for Redemption in substantially such forms shall be given to the Bond Registrar for the Prior Bonds, who shall mail notice of redemption of the Prior Bonds not less than thirty (30) days prior to the redemption date. 25. Certificate of Registration. The Director, Office of Financial Services, is hereby directed to file a certified copy of this Resolution with the officer of Ramsey County, Minnesota, performing the functions of the county auditor (the "County Auditor"), together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 26. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore fiunished, shall be deemed representations of the City as to the facts recited therein. 1377608v2 31 oa-�c.o 27. Negative Covenants as to Use of Proceeds, Improvements and Prior �rovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements or Prior Improvements, or to cause or pemut them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements or Prior Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no actions will be taken over the term of the Bonds that would cause them to be private activity bonds, and the average term of the Bonds is not longer than reasonably necessary for the goveinmental purpose of the issue. The City hereby covenants not to use the proceeds of the Bonds in such a manner as to cause the Bonds to be "hedge bonds" within the meaning of Section 149(g) of the Code. 28. Tax-Exemnt Status of the Bonds: Rebate: Election. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess inveshnent eaznings to the United States. The City expects that the two-year expenditure exception to the rebate requirements may apply to the construction proceeds of the Bonds. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk, Treasurer and Director, Office of Financial Services, or any of them, aze hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 29. No Desianation of Oualified Tax-ExemUt Obli atg ions. The Bonds, together with other obligations issued by the City in 2002, exceed in amount those which may be qualified as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, and hence are not designated for such purpose. 30. Letter of Representations. The Letter of Representations for the Bonds is hereby confirmed to be the Blanket Issuer Letter of Representations dated April 10, 1996, by the City and received and accepted by The Depository Trust Company. So long as The Depository Trust Company is the Depository or it or its nominee is the Holder of any Global Certificate, the City shall comply with the provisions of the Letter of Representations, as it may be amended or supplemented by the City from time to time with the agreement or consent of The Depository Trust Company. 31. Negotiated Sale. The City has retained Springsted Incorporated as an independent financial advisor, and the City has heretofore determined, and hereby determines, to sell the Bonds by private negotiation, all as provided by Minnesota Statutes, Section 475.60, Subdivision 2(9). 32. Continuin¢ Disclosure. The City is an obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), 1377608v2 32 p a- -1 t, o promulgated by the Securities and Exchange Commission (the "Coxnxnission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described, to: A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rnlemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. The City agrees that its covenants pursuant to the Rule set forth in this pazagraph 32 and in the Undertaking are intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Directar, Office of Financial Services, or any other officers of the City authorized to act in their stead (the "Officers"), are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council, subject to such modifications thereof or additions thereto as aze (i) consistent with the requirements under the Rule, (ii) required by the Purchaser, and (iii) acceptable to the Officers. 33. Severabilitv. If any section, paragraph or provision of this resolution shall be heid to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 1377608v2 33 oa -� �.o 34. Headines. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Requeste��eq�rtmentof• }-iN��� By: S lL� � r � Form Approved by City Attorney By�/ � _ G � d� ' °� Approve y Mayor for Submission to Adoption Certified by Council Secretary Coun By:�� ` . � .�._.'-.�-� gY . , Approv��b Mayor: Date � ' ' � / . _ �, � is��eos�z 34 Adopted by Council: Date � S� .�.� � ao o a� os -�� o of Financial Services 266-8837 20002 OATE INRIATED 15-Feb-02 GREEN SHEET Ini4a1/Date ASSIGN NUMBERFOR ROUTING ORDER No 113508 InitiaVDate u OEPAR�MEMDIRECf06 u CRYCOONCIL _ �1 crtrwTroauEV ❑ cmc�wc ❑ FINANCIALSERVICESOIR ❑ FINANCNLSERVIACCTG � MAVOR ❑ TOTAL # OF SIGNATURE PAGES 7_ (CLIP ALL LOCATIONS FOR SIGNATURE) iis resolution accepts the winning proposal and awards the bid for the $2,915,000 G.O. reet Improvement Special Assesment Bonds Series 2002B. This is a competitive bond sale and the award going to the bidder found most advantageos (lowest cost) ro the City. or PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION PROBLEM ISSUE, When, Where, RSONAL SERVICE CONTRACfS MUSf ANSWErtTXE POLLOWING QUESTIONS: Has this persoNfirm ever worked under a contact for this tlepartmeM? YES NO Has ihis persoNfirtn ever been a city employee? VES NO Does this persoNfrtn possess a skill not normally possessed by any cumern ciry employee? VES NO Is this persoNfirtn a targeted vendo(� YES NO bonds are forthe purpose of finanang certain street improvemeMS within the Ciry and refunding the 7997 B antl 19928 Special Assesment Bonds, antl will be repaid by speciai assesments. be available for street improvements. IFAPPROVED DISADVANTAGES IF NOT neetled forcertain street improveme�rts wiil not be available. ��� ��Y��? Ll�'�`'"! � � (*• �. �° ��� , €< � 7RANSACTION $ {;ass,000 SOURCE COST/REVENUE BUDGETED (CIRCLE ONE) ACTMN NUMBER YES NO INFORMATION (EXPLAIN) O 3�- ��-a EXHIBITS Eachibit A - Proposals Eachibit B- Notices of Call for Redemption 1377608v2 oa -�c. o . �: : NOTICE OF CALL FOR REDEMPTION $880,000 GENERAI, OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 1991B CTTY OF SAINT PAUL RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GNEN that by order of the City Council of the City of Saint Paul, Ramsey County, Minnesota, there have been called for redemption and prepayment on April 1, 2002, outstanding bonds of the City designated as General Obligation Street Improvement Special Assessment Bonds, Series 1991B, bearing a date of original issue of March 1, 1991, having stated maturity dates in the years set forth below, bearing interest at the rates per annum set forth below for such maturity yeazs, bearing the CUSIP numbers set forth below for such maturity years and totaling $880,000 in principal amount: Maturity Yeaz 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Principal Amount $90,000 90,000 90,000 90,000 90,000 90,000 85,000 85,000 85,000 85,000 Interest Rate 6.20% 6.25 630 6.40 6.50 6.60 6.65 6.70 6.70 6.70 CUSIP Number 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 The entire outstanding amount of the issue maturing after 2002 is being cailed. The bonds are being called at a price of par plus accrued interest to April 1, 2002, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the principal office of U.S. Bank Trust National Association in Saint Paul, Minnesota, on or before April 1, 2002. t3»6os�z o�- ��a Dated , 2002. BY ORDER OF THE CITY COUNCIL /s City Clerk Additional information may be obtained from: 1377608v2 O �. -\�.� NOTICE OF CALL FOR REDEMPTION $990,000 GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 1992B CITY OF SAINT PAUL RAMSEY COiJNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Saint Paul, Ramsey County, Minnesota, there have been called for redemption and prepayment on April 1, 2002, outstanding bonds of the City designated as General Obligation Street Ixnprovement Special Assessment Bonds, Series 1992B, bearing a date of original issue of February 1, 1993, having stated maturity dates in the years set forth below, bearing interest at the rates per annum set forth below for such maturity yeazs, bearing the CUSIP numbers set forth below for such maturity years and totaling $990,000 in principal amount: Maturity Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Principal Amount $90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 Interest Rate 6.00% 6.10 6.15 6.20 6.25 630 630 635 635 6.40 6.40 CUSIP Number 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 792880 The entire outstandin� amount of the issue maturing after 2002 is being called. The bonds are being called at a price of par plus accrued interest to April 1, 2002, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the principal office of U.S. Bank Trust National Association in Saint Paul, Minnesota, on or before April l, 2002. 1377608v2 t,` �., � i �-' � �; i , `� � �a:\li.s ii: �� Dated , 2002. BY ORDER OF THE CITY COUNCIL City Clerk Additional information may be obtained from: o�, _��a 1377608v2 O s.. lC. o advisor and determines to sell the Bonds by private negotiarion, and the City has instead authorized a competitive sale without publication of notice thereof as a form of private negotiation; and WHEREAS, proposals for the Bonds have been solicited by Sp Incorporated pursuant to an Official Statement and Terms of Proposal therein; WHEREAS, in the Terms of Proposal relating to the Bonds t e City reserved the right to increase or decrease the issue size from the proposed $2,915,000 not to exceed $75,000, and to adjust the purchase price so that the adjusted purchase 'ce bears the same ratio to the adjusted principal as the proposal bears to $2,915,000; and WHEREAS, the City has determined to adjust the rincipal amount from the proposed $2,915,000 by a $ decrease/increase: NOW, THEREFORE, BE IT RESOLVED b the Council of the City of Saint Paul, Minnesota, as foilows: 1. Acceptance of Proposal. The (the "Purchaser"), to purchase $2,915,000 General Assessment Bonds, Series 2002B, of the City (the accordance with the Terms of Proposal for the b nd p�6posai of �ligation Street Improvement Special 3onds", or individually a"Bond"), in sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to b the most £avarable proposal received and is hereby accepted for Bonds in the aggregate princ' al amount of $ and purchase price of $ , plus accrued interest to s tlement, and the Bonds aze hereby awarded to the Purchaser. The Director, Office of F� ancial Services, or his designee, is directed to retain the deposit of the Purchaser and to fo ith return to the others making proposals their good faith checks or drafts. 2. The Bonds shall be titled "General Obiigation eet Improvement Special Assessment Bonds, Series 2002B", shall be dated March 1, 2002, the date of original issue and shall be issued forthwith on or after such date as fully regis red bonds. The Bonds shall be numbered from R-1 upwazd. Global Certificates shall eac be in the denomination of the entire principal amount maturing on a single date, or, if a portio of said principal amount is prepaid, said principal amount less the prepayment. Re acement Bonds, if issued as provided in paragraph 6, shall be in the denomination $5,000 each or in any integral muttiple thereof of a single maturity. The Bonds shall mature n March 1 in the years and amounts as follows: 1377608v2 o'a--��o Year 2003 2004 2005 2006 2007 2008 Amount Year amounc $380,000 255,000 245,000 235,000 230,000 225,000 2009 2010 2011 2012 2013 2014 Such maturities, compared to the Terms of Proposal aggregate decrease/increase in the foliowi $220,000 215,000 210,000 205,000 �the Bonds, reflect a years and amounts: 3. Purpose; FindinQS. The Bonds in part all provide funds for the construction of various street unprovements (the "Improve ents") in the City, and any excess construction funds shall be devoted to any other purpose ermitted by law. The total cost of the Improvements, which shall include all costs enumerat in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the onds. Work on the Improvements shall proceed with due diligence to completion. The B ds (together with other available funds in the Debt Service Funds created for the Prior Bonds n part shall also provide funds for a current refunding of all of the outstanding Prior Bon maturing after 2002 (which callable Prior Bonds aze herein also referred to as the "Refunded onds"). The Prior Bonds were issued to finance the costs of various street improvements (the rior Improvements"). It is hereby found, determined and declared that this refunding of the 'or Bonds is pursuant to Minnesota Statutes, Section 475.67, and is necessary or desirable r the reduction of debt service costs. 4. Interest. T e Bonds shall bear interest payable semiannually on Mazch 1 and September 1 of each year ch, an"Interest Payment Date"), commencing September 1, 2002, calculated on the basis f a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposit the maturity years as follows: Maturitv Year 2003 2004 2005 2006 Interest Rate % Maturit� 2009 2010 2011 2012 2013 2014 Interest Rate % 5. Description of the Global Certificates and Global Book-Entrv Svstem. Upo heir original issuance the Bonds will be issued in the form of a single Global Certificate for ach maturity, deposited with the Depositary by the Purchaser and immobilized as provided i aragraph 6. No beneficial owners of interests in the Bonds will receive certificates epresenting their respective interests in the Bonds except as provided in paragraph 6. Except as so provided, during the term of the Bonds, beneficial ownership (and subsequent transfers of i3»6os�z 4 ba - ��-� 16. Deliverv; Application of Proceeds. The Global Certificates when so prepared and executed shall be delivered by the Director, Office of Financial Services, to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Funds. There is hereby created a special fund to be designate the "2002 Capital Projects Fund" (numbered C-02, the "Capital Fund"), to be administered d maintained by the City Treasurer as a bookkeeping account sepazate and apart from all o r accounts maintained in the official financial records of the City. There has been here fore created and established the "General Obligation Special Assessments -- Streets Debt S rvice Fund" (nuxnbered 963, the "Debt Service Fund"). For the convenience and pr er admiuistration of the moneys to pay the Prior Bonds, there is hereby created the "2002 Stre s Refunding Fund", to be administered and maintained as a bookkeeping account separate an apart from all other accounts maintained on the official financial records of the City. e 2002 Streets Refunding Fund shall be maintained in the manner herein specified until a of the Prior Bonds have been paid. The Capital Fund, and Debt Service Fund shall be mai ained in the manner herein specified until all of the Bonds and the interest thereon hav een fully paid. (i) Capital Fund. To the Capital Fu there shall be credited the proceeds of the sale of the Bonds, less accrued interest rec ived thereon, and less any amount paid for the Bonds in excess of $ . From the Capital Fund there shall be paid all costs and expenses of making the Imp vements listed in parag�aph 18, after they have been ordered in accordance with Charter of the City, including the cost of any construction contracts heretofore let d all other costs incuned and to be incurred of the kind authorized in Minnesota Statu s, Section 475.65 (including interest on the Bonds payable during the construction p'od); and the moneys in the Capital Fund shall be used for no other purpose except as erwise provided by law; provided that the proceeds of the Bonds may also be used t the extent necessary to pay interest on the Bonds due prior to the anticipated date of co encement of the collection of tases or special assessments herein covenanted to be le 'ed; and provided further that if upon completion of the Improvements there sha remain any unexpended balance in the Capital Fund, the balance may be transf ed by the Council to the fund of any other improvement instituted pursuant t the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of an other purpose permitted by law, or transferred to the Debt Service Fund. All eami s on the Capital Fund shall be transferred to the Debt Service Fund, or may be retaine in the Capital Fund. (ii) 2002 Streets Refundine Fund. Proceeds of the sale of the Bonds sufficient with other available moneys, to redeem the Refunded Bonds on April 1, 2002, shall be eposited in the 2002 Streets Refunding Fund and used in paying the Refunded Bond upon their redemption on April 1, 2002. The moneys in the 2002 Streets Ref ding Fund shall be used solely far the purposes herein set forth and for no other p ose. Any excess in the 2002 Streets Refunding Fund after the payment of the efunded Bonds shall be deposited in the Debt Service Fund. (iii) Debt Service Fund. There is hereby pledged and there shall be credited to a special account relating to the Bonds in the Debt Service Fund: (a) collections of 1377608v2 2,'] 0 2 - \c.o special assessments herein covenanted to be levied with respect to the Improvements, to the extent provided in paragraph 19; (b) coilections after April 1, 2002, of special assessments levied with respect to the Prior Improvements; (c) ali accrued interest received upon delivery of the Bonds; (d) all funds paid for the Bonds in excess of $ ;(e) any collections of all taxes which are levied herein, or which may hereafter be levied in the event that the special assessments herein pledged to the payment of the Bonds and interest thereon are insufficient therefor; ( fl al ds remaining in the Capital Fund after completion of the Improvements payment of the costs thereof, not so transferred to the account of another improvem t or used to pay the costs of any other purpose permitted by law; (g) amounts transfe d from the 2002 Streets Refunding Fund; (h) balances after April 1, 2002, remai g in the Debt Service Funds established for the Prior Bonds; and (i) all invesrinent 'ngs on moneys held in such special account in the Debt Service Fund or (at the Ci s option) on moneys held in the Capitai Fund. If moneys in the special account of the ebt Service Fund should ever be insufficient to pay debt service on the Bonds, the Bo ds shall be paid from the Debt Service Fund or any other special account therein, an the Bonds aze hereby made payable from the Debt Service Fund and any other eciai accounts therein for this puxpose. Amounts drawn from the Debt Service d ar any special account therein may be repaid with or without interest when moneys ufficient for such repayment aze deposited in the special account relating to the onds in the Debt Service Fund. The special account relating to the onds in the Debt Service Fund shall be used solely to pay the principal and interest and any pr miums for redemption of the Bonds and any other generai obligation bonds of the City here er issued by the City and made payable from such special account in the Debt Service Fun as provided by law, or to pay any rebate due to the United States. No portion of the proceeds o the Bonds shall be used directly or indirectly to acquire higher yielding inveshnents or to place funds which were used directly or indirectly to acquire higher yielding investments, ex pt (1) for a reasonable temporary period until such proceeds are needed for the purpose f which the Bonds were issued, and (2) in addition to the above in an amount not greater th ive percent (5%) of the proceeds of the Bonds. To this effect, any sums from time to tim eld in the Capital Fund, in the 2002 Streets Refunding Fund or in such special account in the ebt Service Fund (or any other City fund or account which will be used to pay principal or int est to become due on the bonds payable therefrom) in excess of amounts which under then-a plicable federal arbitrage regulations may be invested without regard as to yield shall not e invested at a yield in excess of the applicable yield restrictions imposed by said arbitra regulations on such inveshnents after taking into account any applicable "temporary eriods" or "minor portion" made available under the federal arbitrage regulations. In addi 'on, the proceeds of the Bonds and money in the Capital Fund or in the 2002 Streets Refunding und or in such special account in the Debt Service Fund shall not be invested in obligations or eposits issued by, guaranteed by or inswed by the United States or any agency or instrument ty thereof if and to the extent that such investment would cause the Bonds to be "federally g ranteed" within the meaning of Section 149(b) of the federal Intemal Revenue Code of 19 6, as amended (the "Code"). 18. Assessments; Coverage Test. The City Council has heretofore and does hereby determine, to proceed with the Improvements and special 1377608v2 2,8 o� - 140 assessments with respect thereto under the provisions of the Charter of the City, rather than the provisions of Minnesota Statutes, Chapter 429. It is hereby determined that no less than twenty percent (20%) of the cost t the City of each Improvement financed hereunder within the meaning of Minnesota Statut , Sectio 475.58, Subdivision 1(3), shail be paid by special assessments to be levied against e ery assessable lot, piece and parcel of land benefited by the Improvements. The City ereby covenants and agrees that it will let all construcrion contracts not heretofore le ithin one year after ordering each Improvement financed hereunder unless the resolution o ering the Improvement specifies a different time limit for the letting of constructio contracts and will do and perforxn, as soon as they may be done, all acts and things necessary or the final and valid levy of such special assessments, and in the event that any such asses ent be at any time held invalid with respect to any lot, piece or parcel of land due to any e r, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this ouncil or any of the City officers or employees, either in the making of the assessments in the performance of any condition precedent thereto, the City and this Council will fo with do ail further acts and take all further proceedings as may be required by law to make e assessments a valid and binding lien upon such property. The special assessments for the have not heretofore been authorized, and accordingly, for purposes of Minn ota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. S ject to such adjustments as are required by conditions in existence at the time the assessm ts are levied, the assessments are hereby authorized and it is hereby deterxnined that t e assessments shall be payable in equal, consecutive, annual installments, with ge ral taaces for the years shown below and with interest on the declining balance of all such asse sments at a rate per annum approximately one percent (1%) per annum in excess of the net e ective rate of interest on the Bonds: Improvement Collection Designation Amount Levv Years Years Hoyt/Merrill TOT $633,244 2002-2021 2003-2022 428,208 for all for all $1,061,452 Th special assessments for the Improvements and with respect to the Prior Improvements all be such that if collected in full they, together with estimated collections of other revenue herein pledged for the payxnent of the Bonds, will produce at least five percent (5%) in exc ss of the amount needed to meet when due the principal and interest payments on the Bond n every year except the final yeaz (2014). At the time the assessments for the Improv ents are in fact levied the City Council shall, based on the then-current estimated collec ons of the assessments, make any adjustments in any ad valorem taxes required to be levi in order to assure that the City conrinues to be in compliance with Minnesota Statutes, 475.61, Subdivision l. 1377608v2 2,9 �a-1�.� 19. Limit on Special Assessments P1edQed. The City Council hereby finds, determines and declazes that the payment of the Bonds does not require the pledge of ali the special assessments which may be levied with respect to the Improvements identified in paragraph 18, and that it is necessary, proper and expedient to provide that payments and prepayments of special assessments in excess of the debt service requirements of the Bonds be put to use for other purposes sooner than upon the termination of the Debt Se 'ce Fund. Only $1,000,000 originai principal amount of the special assessments (which am t is the "Pledged Assessments"), and interest thereon, recognized in paragraph 18 of this solufion (of which $ are necessary prior to their scheduled receipt in orde o pay debt service on the Bonds on March 1, 2003) aze or shall be pledged to the payment the Bonds, and payments of, or with respect to, such special assessments in excess of the Pl ged Assessments shall be credited instead to a special account in the Capital Fund, and us for the purpose of paying any additional costs of the Improvements and the costs of other i rovements approved by the City, as follows: (a) the first $ of all prepa ents of special assessments recognized in paragraph 18 shall be credited to the Debt S'ce Fund, (b) thereafter until such time as the special assessments from time to time outst ing equal in original principal amount the Pledged Assessments or less, prepayments of any the special assessments recognized in paragraph 18 shall be treated as prepayments of the rtion of the special assessments not pledged to the Bonds and shall be credited instead o said special account of the Capital Fund, and used as provided above, and (c) while the sp cial assessments from time to time outstanding equal in original principal amount the Pledge ssessments or more, regular instaliment payments made on the Pledged Assessment only (not all of the special assessments) shall be credited to the Debt Service Fund, and re ar installment payments on that portion, if any, of the remaining assessments in excess of e Pledged Assessments shall be credited to said special account of the Capital Fund, and used provided above. All special assessments collected after April 1, 2002, with respect to the P' r Improvements aze pledged to the payment of the Bonds. 20. Tax Lev • overa e Test. If taxes are levied as provided in the final part of paragraph 18, the tax levies all be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the ity reserves the right and power to reduce the levies in the manner and to the extent permitted y Minnesota Statutes, Section 475.61, Subdivision 3. To provi moneys for payment of the principal and interest on the Bonds due to be paid in 2014 there i hereby levied upon all of the taxable property in the City a direct annual ad valorem tax whic shall be spread upon the tax rolls and collected with and as part of other general property t es in the City for the years and in the amounts as follows: JYear of Tax Year of TaY Levv Collection Amount 2012 2013 The tas levies aze such that if collected in full they, together with estimated colle tions of special assessments and other revenues herein pledged for the payment of the Bo ds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealabie so long as any of the Bonds aze outstanding and unpaid, provided that the City reserves the right and power 1377608v2 30 85 SEVENTH PLACE EA5I; SUITE 100 SAINT PAlIL, MN 55101-2587 651.223.3000 FAX:651.223.3002 // E-MAIL: ad��wrs@springsted.com o s�-\Go SPRINGSTED Advisms ro the Public Sector February 27, 2002 � Mr. Peter Hames, Director of Financial Services Mr. Tony Schertler, Director City of St. Paul Saint Paul Housing and Redevelopment Authority Office of Financial Services 1400 City Hall Annex 160 City Hall 25 West 4th Street 15 West Kellogg Blvd Saint Paul, MN 551 D2 Saint Paul, MN 55102 RE: Recommendations for Award of City of Saint Paul's: $19,000,000 General Obligation Improvement (CIB) Bonds, Series 2002A $2,915,000 General Obligation Street improvement Special Assessment (Street) Bonds, Series 2002B and $2,335,000 Taxable General Obligation Riverfront Tax Increment (TIF) Refunding Bonds, Series 2002C Dear Mr. Hames and Mr. Schertler_ This letter summarizes the results of the competitive bids opened at 1030 A.M. this morning for these three issues. Purpose of issues The purpose of the CIB issue is to fund various capital improvements a5 part of the City's annual Capital Improvement Program. The CIB issue wili be repaid by property tax tevies. The purpose of the Street issue is twofold: first, to fund portions of the City's annual street improvement program; and second, to "current° refund the 19916 and 19926 Street Improvement Issues to achieve lower annual interest costs. The 19916 and 19926 issues have outstanding interest rates at a combined level of approximately 6.4°/a. The estimated "neY' interest cost savings at the time of initiating this process were $231,000 on a future value basis and $187,000 on a present value basis, all estimates after deduction of atl related issuance costs. The present value savings estimate as a perce�t of the present value of refunded debt service was 8.05%. This Street issue, both the new project and the refunding portions, is expected to be repaid by special assessments on benefiting properties. The purpose of the TIF Refunding issue is to "current" refund the 1993D TIF bonds, issued to fund projects by the HRA in the Riverfront TIF District. The refunding is intended to achieve lower annual interest costs. The 1993D bonds have outstanding interest rates at approximately 7.92%. The estimated "neY' interest cost savings at the time of initiating this process were $254,500 on a future value basis and $194,000 0� a present value basis, all estimates after deduction of ali related issuance costs. The present value savings estimate as a percent of the preserit value of refunded debt service was 7.67%. This refunding bond issue is expected to be repaid from the same source as the outstanding bonds, the Riverfront TIF District. CORPOR4TE OFFlCE: SAINT PAUL, MN • Visit our website at www.sPringsted.com IOWA � KANSAS • MINNESOTA . VIRGMIA • WASHINGTON,DC � WISCONSIN City of Saint Paui, Minnesota February 27, 2002 Page 2 Tax-Exempt Market Rates oa-t�o The tax-exempt and taxable interest rate markets have declined to very low levels from the November — December 2001 peaks following the September 11 aftermath. The primary national index of tax-exempt rates is the Bond Buyers index (BBI). At the time of this sale the BBI is at 5.10%, a very tow rate from a historical perspective. Sale Results The City received three bids on the CIB issue. The senior managers of the bidding syndicates were as follows: Rank Bidder US Bancorp PiperJaffray RBC Dain Rauscher Morgan Stanley TIC(%) 3.7160% 3.7622% 3.7829% The lowest or best bid was received from US Bancorp Piper Jaffray at a true interest rate of 3.7160%. Last year's CIB sale received a winning bid of 4.1343%. This low bid reduces total interest payments of the term of the issue by approximaYely $300,000 from the estimate made at the time tfie sale process began. The City received three bids on the Street Issue: Rank Bidder US Bancorp Piper Jaffray RBC Dain Rauscher Morgan Stanley TIC(%) 3.9039% 3.9209% 3.9455% The lowest or best bid was received from US Bancorp Piper Jaffray, at a true interest rate of 3.9039%. For the refunding portion of this issue, the interest rate differential between the outstanding bonds and this refunding issue is approximately 2.5%. This refunding wouid reduce "neY' interest costs by $267,700 in future value and $223,000 in present value terms, after deductiort of al[ retated issuance costs. The present value as a percent of refunded debt service is 10.51 %. The difference in interest rates between these two issues is the result of the respective repayment terms of the issues, with the CIB being the shorter term and the Street issue being the longer term. In general, shorter-term issues have lower interest rates than longer issues. The City received seven bids on the Taxabie TIF Refunding Issue: Rank Bidder United Banker's Bankers Cronin & Company, Inc. Miller Johnson Steichen Kinnard, Inc. US Bancorp Piper Jaffray Inc. NBC Capital Markets Group, Inc. Griffn, Kubik, Stephens & Thompson, inc. Morgan Keegan & Co., Inc TIC % 5.2895% 5.3807% 5.3867% 5.4408% 5.4504% 5.4715% 5.5471 % City of Saint Paul, Minnesota February 27, 2002 Page 3 aa-�e� The lowest or best bid was received from United Banker's Bank at a true interest rate of 5.2895%. The interest rate differentiaf beiween the outstanding bonds and this bid is approximately 2.60%. This refunding would reduce "net" interest costs by $336,000 in future value and $269,000 in present value terms, after deduction of ali related issuance costs. The present value as a percent of refunded debt service is 10.35%. This level is far in excess of the estimates when this process was started. We would note the relative value of tax exemption on Saint Paul's municipai bonds as reflected in the general interest rate difference between the "tax-exempt" CIB issue and the Taxable TIF Refunding issue. We require bidders to submit their bids on a"True Interest Rate (TIC) basis, so as to reflect the present value of their bids and thereby ensure the City award based on the lowest cost to the City. We have enclosed bid tabulation forms for each issue summarizing the bid specifics and composition of each underwriting syndicate. Recommendation We recommend award of sale to US Bancorp Piper Jaffray on the CIB issue and Street Issue, and to United Banker's Bank on the Taxable TIF Refunding Issue. Basis of Recommendation We believe the interest rates received by the City today reflect aggressive bidding on each issue. The objectives underlying each issue were exceeded with interest rates well below the estimates, and interest cost savings on the refunding issues weil in excess of estimates. We profile each City issue to a national market index, Delphis-Hanover. These issues sold at rates better than the national "AAA" rated index level. Credit Rating We have enclosed the written reports on the City's general obiigation rating for these issues from Moody's, and Standard & Poor's. Both agencies rea�rmed the City's ratings at AAA from S&P, and Aa2 from Moody's. Both agencies have indicated the outlook for the City ratings at "stable". The City conducted an intensive effort with the rating service to the City on this very successful issuance program. We welcome any questions regarding this sale process. Respectfully, � �-v� t ���1�Jn avid N. MacGillivray / Chairman sja Enctosure 1 . . ss E. severrrx ri.nnce, s� �oo SAIN7'PAIIL,MN SSIOt-2887 651.223.3000 FAX: 651.223.3002 E-MAD.: advisoxs@sprinp,sted.mm �� Oa-14o SPRINGSTED Adviwa w the Public Sertor $19,OQQ,OOQ City of Saint Paul, Minnesota General Obligation Capitat Improvement Bonds, Series 2002A (Book Entry Only) Award: Sate: February 27,2002 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Netlnterest Trve Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC RBC DAIN RAUSCHER ABN-AMRO FINANC7AI, SERVICES GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. STIFEL, IVICOLAUS & CO., INC. PRUDENTiAL SECURITIES, INC. COMI��RCE CAPTTAL MARKETS, INC. Axekod Associates, Inc. Isaak Bond Investmenu, Inc. The GMS Group, Inc. Dougherty and Company LLC U.S. Bancorp Piper Jafiray Inc. Wells Fargo Brokerage Services, LLC 1.45% 2.20% 2.70% 3_00% 3.35% 3.55% 4.00%a 4.125% 2003 2004 2005 2006 2IXY7 2008 2009-2011 2012 3.00% 2003-2004 3.50% 2005 3.75% 2006-2007 4.00% 2008-2010 4.25% 2011-2012 $18,968,305.16 $4,106,99234 3.7160% $19,205,025.60 $4,181,886.90 3.7622°k (Continued) CORPORATE OFF/CE: SAiN7 PAUL. MN . Vi9t aur wehsi[e at www.springsted.opm . DES MOINES, IA • MILWAUKEE, WI • MINNEAPOLLS, �IIi • OYERLAND PARK, KS • YRtGINlA BEACH, VA • R'ASHQdGl'QN, DC . Interest Netlnterest True Interest . Bidder Rates Price Cost Rate MORGAN STANLEY, 3.00% 2003-2005 $19,036,784.10 $4 3.7829% MORGAN STANLEY DW INC. 3.50% 2006-2007 UBS PAINEWEBBER INCORPORATED 4.00% 2008-2012 SALOMON SMTfA BARNEY CRONIN 8c COMPANY, INCORPORATED CITTZEIQS BANIC CIBC WORLD MARKETS STEPHENS, INC. BEAR, STF.ARNS �& CO., INC. CHARLES SCHWAB & COMPANY HUTCHINSON, SHOCKEY, ERLEY 8c COMPANY HIKE SECURITIES, L.P. Reofferiug Sc6edule of the Purchaser Rate 1.45�0 2.203'0 2.70g'o 3.009b 3.35% 355%a 4.00% 4.00% 4.00% 4.125°k Year 2003 2004 2005 2006 2007 2008 2009 2A10 2011 2012 Yield Yaz Par Par Paz Par Paz 3.75% 3.90% Par Paz .. BBI: S.lO�Yo Average Maturity: 5 788 Yeacs � t ' 85 E. SEVEN7H PLACE, SU1TE 100 ' SAQ�7' PAUL, MN 55101-2887 65I.2233000 FAX:65t.2233002 E-MAQ.: advisors@sprinRsted.com �� $2,915,OOOk oa-�4� SPRINGSTED Advisoa u the Public Sector City of Saint Paul, Minnesota General Obligation Street Improvement Special Assessment Bonds, Series 2002B (Book Entry OWy) Award: Sale: February 27,2002 ` . Moody's 12ating: Aa2 Standard & Poor's Rating: AAA Interest NetInterest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, I,LC RBC DAIN RAUSCH�R 1.45% 2003 2.20% 2004 2.70% 2005 3.00% 2006 335% 2007 3.55% 2008 3.75% 2009 3.90% 2010 4.00% 2011-2012 4.125% 2013 4375°k 2014 1.55% 2003 2.75% 2004 3.00% 2005-2006 335% 2007 3.55% 2008 3.75% 2009 3.90°k 2010 4.00% 2011 4.125% 2012 4.25% 2013 4.40% 2014 $2>891,680.00 $2,898,527.55 $707,943.75 3.9039% $711>877.45 3.9209% (Continued) U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC CORPORATEOFf/CE: SAA]TPAUI.,MN • Y�si[acwebsircetwww.spiogsfed.com DES MOAIES.IA • MII,WAUKEE, WI . MINNEpYOLIS. MN . OVERLAND PARK, KS . VD2GINIA HHACH, VA . WASF$iGTON, DC r interest Netinterest True Interest . Bidder Rates Price Cost Rate MORGAN STANLEY, MORGAN STANLEY DW INC. UBS PAINEWEBBER INCORPORATED SALOMON SMITH BARNEY CRONIN & COMPANY, INCORPORATED c�c woxr.n Max�rs crrrzErrs B.�rnc STEPF�NS, INC. BEAR, STEARNS & CO., INC. CHARLES SCHWAB & COMPANY HUTCHINSON, SAOCKEY, ERLEY & COMPANY NII� SEC[JRITIES L.P. ate 3.00% 2003-2005 3SO�o 2006-2007 4.00% 2008-2012 420�Ya 2013 4.40% 2014 $2,914,679.85 $717,330.18 3.9455% Yield Reoffering Sc6edule of the Purchaser 1.453'0 2.20% 2.70% 3.00% 3.35�Ya 3.55% 3.75g'o 3.90% 4.00% 4.00% 4.125% 4.375% Year 2003 2004 2005 2006 2007 2008 2009 2010 ?Al l 2012 2013 2014 * Subsequenr to bid opening, the issue size was not changed Paz par ! Par Paz � Par ` , . Par Par � Par Paz 4.125% 4.25'f6 4.40g'a � BBI: 5.1090 Average Maturity: 6.202 Years ` 85 E. SEVENTH PLACE, SiIlTE 100 SAINT PAUL, MN 55101-2887 651.223.3000 FA7C:651.223.3002 E-MAQ,: advisors(a�,4prinp,sCed.com �� $Z�3$��� aa-�c.o SPRINGSTED Advisors w t6e Public Se¢or City of Saint Paul, Minnesota Taxable General ObGgation Riverfmnt Tax Increment Refunding Bonds, Series 3002C (Book Entry Only) Award: Sale: United Bankers' Bank February 27,2002 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Net Interest True Interest Bidder Rates Price Cost Rate LTNITED BANKERS' BANK CRONIN & COMPANY, INCORPORATED SALOMON SMITH BARNEY MORGAN STANLEY, MORGAN STANLEY DW INC. UBS PAIIVEWEBBER INCORPORATED CITIZENS BANK MTi.T.RR Jp�SON STEICHEN I�NNARD, INC. BERNARDI SECURTTIES, INCORPORATED 2.90% 3.45% 4.25% 4.60°�i 4.75% 5.00% 5.20% 5.35% 5.50% 5.65% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3.00% 4.15% 5.00% 5.10% 535% 5.50% 5.60� 5.70% 3.004'0 3.60% 4.20% 4.50% 4.80% 5.20% 530% 5.50% SSS% 5.65% 20b3-2004 2005 2006-2007 2008 2009 2010 2011 2012 2003 7A04 ?A05 2006 2007 2008 2009 2010 2011 2012 $2,318,655.00 $730,012.50 5.2895% $2,320,66fi.50 $743,064.75 33807% $2,315,152.50 $742,611.88 53867% (Continued) CORPORATEOFFlCE: SAiNTPAUL,MN . Y�sitmcwebs'veatwww.springsted,wm DFS MOAIES.IA • MII,WAUKEE� K7 . N11NNfiAPOLLS. MN . OVERLAND PARK, KS . VRGINIA BEACFI, VA . WASHRJG70N. DC Interest Netinterest True Interest . Bidder Rates Price Cost Rate U.S. $ANCORP PIPER JAFFRAY INC. 3.00°k 2003 $2,321,242.05 $751,856.49 5.4408% WELLS FARGO BROKERAGE 3.40% 2004 SERVICES, I,LC 4.10% 2005 4.60% 2006 ' 4.85% 2007 5.20% 2008 5.60% 2009 5.65% 2�10 5.70% 2011 5.75g'o 2012 NBC CAPTTAI. MARKETS GROLTP, INC. 3.W% 2003 $2,321,953.85 $753,077.92 5.4504% 3.625% 2004 4.25% ?A05 4.70% 2006 5.00% 2007 5.25% 2008 5.40�0 2009 SS590 ?A10 5.75% 2011 5.80% 2012 GRIFFIN, KUBIK, STEPFIEIVS & 5.00%a 2003-2006 ' $2,332,76920 �$755,914.13 5.4715% THOMPSON, INC. 5.25% 2007-2008 , 5.50% 2009-2010 � 5.625% 2011 � 5.75% 2012 MORGAN KEEGAN & CO., INC. 4.50% 2003-20p5 ' $2,331,330.35 $767,309.03 5.5471% 5.00% 2006-2007 5.50% 2008 5.60% 2009 5.75� 2010 - - 5.80�a 2011 5.85�70 20I2 . These Bonds are being reoffered az Par. BBI: 5.10°l0 Average Mauuity: 5.906 Years * Subsequent to bid openirsg, the issue size was not charsged oa-�c.o N O - O N n N N N O O Q N N r O N N } N � Q Q � t 6 m O v ~' t w i w o d W Z m p F- Z = � 0. � �> i � � J > > - p Q a o tn n ='• z F E � p Z _ � y Q Y � � � � E Q O V o a � �O?�O n U �a} W - ' °o � i � O ~ � � � W F Z e � > 0 C p m = O N �� G m N '� O � � � c 0 m C N f6 � a o C fl. 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N O � O N = O v� u � x nd °� c � N C O m C 7 � l6 � a � C n � £ o " a� U iq Q Z Z � � N w � � v � � � c .� N � � � m 4 R O O Q Z Z O d ll7 N rn � c� m � G3 � _ � � � = m \ \° \° \ \° \ \ \° \ \ \° \° 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O t!7 O O � O O O O O O O O O O O O O O O O O O O O O O O \ \ \° \ \° \° \° \° \ \ \° \ e o 0 0 0 0 o e o 0 0 0 O O O O O O O O O O O O tn Ln � t0 00 OD CO C�J ('� M 1� 6) � N I� O C7 ��� O � N M � N N M fM f`7 c'M fM V V' ��' C � \ \ \° \ \° \ \° \° \ \° \ \° 0 0 o e o 0 0 0 0 0 o e Q N O O O O O O O O O O O O � Q�' tn LL� r tfl OD �D 0� C7 M M h� p tn N h O M tn f� � O � N M (� � N N M f'� M M M�7 R� d' � � �� � � O � C�� O � n� O U �` m � � N � 0 o e o 0 0 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 0 0 000000000�00 ln O O O 1l7 �CJ tn O O N� O 7 N t� O�`7 � I� � O � N� � N(V c'7 c7 fM fM M V' � V C 0 0 0 o O o 0 0 o O o 0 0 0 0 0 0 o e e o 0 0 0 O O O O O O O O O O tn � tn O O O��� O O O N f�- V' N I� O c�'7 � 1� O) O O � c`') .� N fV c'7 (`� fM M fM d' �t � V c� v u� c4 r� oo rn o � c� r> � 0000000����-c N N N N N N N N N N N N m � C .� O � � m C O U +'�., �3 � � c .� 0 � 3 a � � N Q O U U � � O d N O d O U C 0 ll.� H � C7 Z � a � ' STI�NDAI2D &PtJOR'S ' Research: RATINGSDlREGT St. Paul, Minnesota; Tax Secured, General Obiigation; Utility, State Revolving Funds/Pools Pu6lication date: 25-Feb-2002 Analyst: James Wiemken, Chicago (1) 312-233-7005; Jane Hudson, Chirago (1) 312-233-7012 Credit Profile $2.3 mil muni debt muni issue ser 2002 C due 2012 Sale date: 27-FEB-2002 $2.9 mil muni debt muni issue ser 2002 S due 2014 Sale date: 27-FEB-2002 $19 mil muni debt muni issue ser 2002 A due 2012 Sale date: 27-FEB-2002 AFFIRMED St Paui, Minnesota $227.243 mil. St Paul St Paul Port Auth, Minnesota $16.080 mil. St Paul Port Auth (St Paui) OUTLOOK: � Rationale AAA AAA AAA AAA AAA STABLE The'AAA' reting on St. Paul, Minn.'s GO bonds reflects the city's: oa-- �c.o • Deep and diverse local economy, which participates in the even broader Minneapolis-St. Paui MSA economy; • Consistentiy strong financial pertormance; . Successful redevelopment efforts, which have heiped spur downtown St. Paul's recovery; and • Development of private and pubiic partnerships, which should ensure the continuation of downtown redevelopment without necessitating large city investments such as those undertaken in the past. After the city witnessed its downtown real estate values deciine by more than 50% between 1988 and 1994, aggressive measures were taken to keep and attract businesses to the area. While substantial investments by the city carried potentiai risks, the more than doubling of downtown property values since 1994 indicates the gains from these decisions are continuing even after the city has retired the debt associated with some of the investments. The city, St. Paui Port Authority, and large consortium of private-sector executives are continuing to promote development, which has led to a dramatic recovery and should make ongoing growth possibie with graduaily decreasing investments by the city itself. Economic fundamentals for the city are strong with government, heaith care, insurance, and technology firms anchoring the deep local employment base. Steady population growth crontinues; 2000 U.S. Census figures indicate that median househoid incomes now exceed the national level. St. Paul has consistently controlled spending through the downtown's decline and state property tax reclassifications to maintain good reserve levels, which never dipped below 13% of expenditures. This fiscai prudence continues with policies for cash flow and contingencies and consistently positive budget variances from year-to-year. Following a$2.0 million generai fund surplus during 2000, 2001 unaudited os- �c.o resufts indicated a$950,000 deficit, representing a$9.8 million positive budget variance. After the smali drawdown, the generai fund balance remains at a strong 23% of expenditures. Debt ratios remain moderate at $1,803 per capita and 4% of market value. Of the city's $227 miliion in GO debt outstanding, $112 miliion is supported by ad valorem taxes; of the remainder, user fees, tax increment revenues, speciai assessments, and parking revenues are supported by $31 miilion; $34 million; $24 million; and $21 million, respectively. � Outlook � The stable outlook reflects Standard & Poor's expectation of the city's continued economic stability and its continued progress in redeveloping the downtown St. Paul area. In addition, the outiook reflects Standard & Poors expectation that the city wilt be able to maintain its strong financia4 posftion. � Economy � St. Paui's overall economy continues to share in the strength of the entire Minneapolis-St. Paul MSA. A diverse employment base includes: . 3M; . State govemment; . U.S. Bancorp Piper Jaffray Inc.; . HealthEast Care System, Children's Hospitai, United Hospital, and Regions Hospitat; . St. Paul schools; . Lawson Software; . Ecolab Inc.; and • St. Paui Cos. Inc. and Minnesota Life Insurance Co. While income projections during the 1990s indicated that both per capita and median household income leveis for the city were about 8% below national levels, 2000 U.S. Census data from the "Suppiemental Survey" of the nation's 64 largest cities indicates that St. Paul's median household income is 10% higher than the median levei for all areas surveyed. � St. Paul's economy continues to benefit from growth in the Twin Cities area; meanwhile, downtown St. Paul continues to be the scene of redevelopment. Residential and retail development is now increasing, spurred by past and current development of office space, entertainment venues, and tourist facilities. Including projects due to be compieted during 2002, more than $1.5 biilion in new investments have occurred in the city since 1988. To attract, manage, and coordinate these investments, the city, port authority, and private sector have formed a development framework. The St. Paul Department of Economic Development and the St. Paul Port Authority form the public sector wing; together they wili serve to coordinate community needs, redevelop brownfields, and provide vocational training. The local chamber of commerce and a consortium of corporate executives acting as the Capital City Partnership account for the private-sector component, which has piayed a key role in attracting major projects like a National Hockey League franchise to the city. Nonprofit and public-private ventures, such as the Saint Paul Rivertront Development Corp. and the Metro East Development Partnership, have emerged to plan and promote a comprehensive development plan in targeted areas. � Finances St. Paul has consistently maintained a strong financial position despite declines in property values through 1995 and lowered taxabie values in 1997-1998. The city has kept annuai growth in general operating expenditures below inflation at about 2.4%, limiting the need for significant tax increases. Excluding nonrealized investment losses, the city realized consecutive operating surpiuses from 1991 - 2000. Although the city realized a small deficit during 2001, the drawdown was due to planned expenditures for increased public safety; e-govemment initiatives; and GASB 34 implementation, as opposed to revenue shortfalls. Even the city's more economically sensitive revenues, such as sales taxes and hotel-motef laxes, continued to grow during 2001, aibeit at slower retes. p 3.- lL0 Conservative budgetary practices have aided these strong financial trends. Historically, the city's actual revenues have averaged 101.3% of the budgeted amount while actuai expenditures have averaged 96.5%. The city holds reserves equal to 10°/a of expenditures for cash flow purposes and now holds additional reserves equal to 5% of expenditures for contingencies. The 2002 budget continues the city's practice of budgeting some use of reserves; policies, however, limit the use of such reserves. Copyright OO '1994-2002 Standartl & Poor's, a tlivision of The McG2wHi�I Companies. All Rights � Reserved. Privaq Policy .�����T�,��������� oa-��o MOODY'S ASSIGNS Ad2 RATING TO ST. PAUL`S (MN) $24.3 GENERAL OBI,IGATION BONDS $261.6 MILLION IN DEBT AFFECTED St. Paul (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Capital Improvement Bonds, Series 2002A Aa2 Sale Amount $19,000,000 Expected Sale Date 02/27/02 Rating Description General Obligation Unlimited Tax General Obligation Street Improvement Special Assessment Bonds, Series 2002B Aa2 Sale Amount $2,915,000 Expected Sale Date 02/27/02 Rating Description General Obligation Unlimited Tax Taxable General Obligation Riverfront Tax Increment Refunding Bonds, Series 2002C Aa2 Sale Amount $2,335,000 Expected Sale Date 02/27/02 � Rating Description General Obligation Unlimited Tax NEW YORK, February 25, 2002 -- Moody's has assigned a Aa2 rating, with a stable outlook, to the City of Saint Paul (MN) $19,000,000 General Obligation Capital Improvement Bonds, Series 2002A, 52,915,000 General Obligation Street Improvement Special Assessment Bonds, Series 2002B, and $2,335,000 Taxable General Obligation Riverfront Tax Increment Refunding Bonds, Series 2002C. At this time we have also affirmed the city's Aa2 rating affecting 5261.6 million of outstanding general obligation bonds. Psoceeds from the Series 2002A and a portion o£ Series 2002B bonds will be used to fund various capital impsovements. The refunding portion of the Series 2002B bonds, $1.9 million, will be used to refund Series 1991B and 1992B bonds £or a net present value savings of 9.10 oP refunded principal. The Series 2002C bonds will be used to refund Series 1993D bonds for a net present value savings of 8.Sa of refunded principal. The bonds are ultimately secured by the city's general obliqation unlimited tax pledge, and the Aa2 rating is based on the city's sizable and growing tax base anchored by the state capital; a trend of sound £inancial management and strong reserve levels; and a high, but manageable debt burden. STATE CAPITAL AND ONGOING RESIDENTIAL REDEVELOPMENT PROVIDE STABLE ECONOMIC BASE oa-��o Saint Pau1 is the state's capital and second largest city. Although generally a mature usban city, redevelopment and new residential development have generated healthy tax base growth averaging 8.7°s Por each of the last five years. Even with the national economic slowdown, the value o£ residential building permits issued in 2001 grew by 2.20, to $414 million, from 2000. The 2000 census indicated that the population of Saint Paul grew by Sa from 1990, to 287,151. As state capital, the economic base is characterized by a sizable government sector (close to 40,000 total employees), with a significant health care presence. Over 70,000 higher education students provide an additional measure of economic stability. The city has continued to redevelop its downtown, adhering to a long-term strategy to revitalize the city's office, entertainment and cultural facilities. Recent completion of a$65 million convention center and $175 million event facility, combined with various new commercial and cultural projects, have anchored the central business district's redevelopment efforts. The national economic recession has had some impact on Saint Paul. Unemployment has increased to 4.0% in December 2001, compared to 2.10 a year ago. Also, the central business district's overall oPfice vacancy rate increased to 8.1� in 2001 from 5.5% in 2000. Despite some evidence of a slowed local economy, Moody's expects that the city's aqgressive commercial and residential redevelopment ef£orts to contribute to healthy population growth and economic expansion going forward. TREND OF SOUND FINANCIAL MANAGEMENT, BUT REVENUE AND EXPENDITURE PRESSURES EXIST Moody's expects £inancial operations to remain sound given the city's history of conservative budgeting and the maintenance of adequate reserve levels. Saint Paul financial operations are supported largely by state aid, 476 of general fund revenue in fiscal 2000. The state is currently deliberating over plans to close a$2.0 billion budget deficit in the current biennium and a 52.5 billion gap in the 2004-2005 biennium. Although state aid to Saint Paul currently appears to be secure, continued state budget pressures could potentially impact the city, to the extent that the state cuts aid to local governments to solve its budget gap. The city historically appropriates approximately 5% of its budget from reserves, but conservative revenue projections and lower than anticipated expenditures eliminate the need to use reserves to fund operations. Preliminary fiscal 2001 results indicate a slight use of reserves, 5951,000, which was much less than the $10.7 million budgeted. Of the city's 544.6 million of General Fund reserves, $17.6 million was reserved for cash Plow purposes and 510.4 million was reserved for next year's budget. The city maintains $8.8 million, 5.20 oP revenue, in reserve for property tax relief which would be available if needed for emergencies. While Moody's believes that reserves are currently adequate, the state's budqet problems and the need for increased funding £or , os-lto public safety and health care could result in pressure to reduce reserve levels. HIGH, BUT MANAGEABLE, DEBT LEVELS Moody's believes that Saint Paul's debt burden, while high at 6.10, is manageable given continued tax base growth and the use of special assessments and tax increment revenue to repay approximately 25°s of the city's direct debt. Debt is amortized rapidly; 78o is retired within 10 years. Officials report plans to issue approximately 521.5 million of general obligation debt in fiscal 2003 to fund the city's onqoing capital improvement plan. The city's capital program is supplemented by the city's one-half cent sales tax that is used to support debt associated with the RiverCenter and the Saint Paul and Housing and Redevelopment Authority. KEY STATISTICS: 2001 estimated population: 288,600 2001 full valuation: $12.5 billion Full value per capita: 543,677 Unemployment (12IOZ): 4.0% Deht burden: 6.10 Direct debt burden: 3.5� Payout of principal (10 years): 78.1% Fiscal 2000 General Fund balance: $44.6 (26.30 of General Fund revenues) ANAI,YSTS : James Mintzer, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1625