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03-203Rm�e.� F�b• �.b,3oo3 p�e� �� �� `�, d9 30 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refeired To 35 Committee: Date ACCEPTING PROPOSAL ON SALE OF $3,340,000 GENERAL, OBLIGATION STREET IlVIPROVEMENT SPECIAL ASSESSMENT BONDS, SERIES 2003B, 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 $3,340,000 General Obligation Street Improvement Special Assessment Bonds, Series 2003B (the "Bonds"), of the City of Saint Paul, Minnesota (the "City"); and WHEREAS, the proposals set forth on Eachibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Springsted Incorporated at 10:30 A.M., Central Time, this same day; and WHEREAS, the Director, Office of Financial Services, has advised this Council that the proposal of � g� , �p � as found to be the most advantageous and has recommended that said proposal be accepted; � WHEREAS, the proceeds of the Bonds will fmance 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 purpose permitted by law; and 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 WIIEREAS, the City has determined that significant sauings in transaction costs will result from issuing bonds in "global book-entry form", by which bonds aze issued in certificated form in large 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 ofthe 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 �,'OIIIICll F112 �{ 0� � �F�� Green Sheet # 11 t16 U A 1499919dZ WHEREAS, "Participants" means those financial institutions for whom the Depository effects book-entry transfers and pledges of securities deposited and immobilized with the Depository; and WHEREAS, The Depository Trust Company, a lunited purpose trust company organized under the laws of the State of New York, or any of its successors or successors to its funcfions 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 smaIler 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 pazagraph 8(the "Bond Registrar"); and WHEREAS, Rule 15c2-12 ofthe Securities and Exchange Commission prohibits "participating underwriters" from purchasing or selling the Bonds unless the City undertakes to provide certain continuing disclosure with respect to the Bonds; and 4VHEREAS, 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 advisor and determines to sell the Bonds by private negotiation, and the City has instead authorized a compefitive sale without publication of notice thereof as a form of private negotiation; and WHEREAS, proposals for the Bonds have been solicited by Springsted Incorporated pursuant to an Official Statement and Terms of Proposal therein: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota, as follows: 1. Acceptance of Pronosal. The proposal of U.S. Bancorp Piper Jaffray Inc. (the "Purchaser") to purchase $3,340,000 General Obligarion Street Improvement Special Assessment Bonds, Series 2003B, of the City (the "Bonds", or individualiy a"Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $3,309,940.00, plus interest accrued to settlement, is hereby t499919v2 1 03 -�03 found, determined and declazed to be the most favorable proposal received and is hereby accepted, and the Bonds aze hereby awazded to the Purchaser. The Director, Office of Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to forthwith return to the others making proposals their good faith checks or drafts. 2. Title: Original Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Street Improvement Special Assessment Bonds, Series 2003B", shall be dated Mazch l, 2003, 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: Year 2004 2005 2006 2007 2008 2009 Amount $590,000 165,000 145,000 140,000 140,000 140,000 Year 2010 2011 2012 2013 2014 2015 • u• � $ 135,000 135,000 130,000 130,000 130,000 1,360,000 For purposes of Minnesota Statutes, Section 475.54, Subdivision l, the Bonds are combined with the City's Creneral Obligation Capital Improvement Bonds, Series 2003A. 3. Purpose. The Bonds in part shall provide funds for the construction of various street improvements (the "Improvements") in the City, and any excess construction fixnds shall be devoted to any other purpose permitted by law. The total cost of the Improvements, which shall include a11 costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds auailable for this purpose. Work on the Improvements shall proceed with due diligence to completion. 4. Interest. The Bonds shall beaz interest payable semiannually on March 1 and September 1 of each year (each, an "Interest Payment Date"), commencing September 1, 2003, 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: 1499919�/Z Maturitv Year 2004 2005 2006 2007 2008 2009 Interest Rate 2.000% 2.000 2.050 2.500 2.850 3.000 Maturitv Year 2010 2011 2012 2013 2014 2015 Interest Rate 3.150% 3.300 3.450 3.600 3.625 3.750 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 or its agent by the Purchaser and immobilized as provided in paragraph 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 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 denominarions of the Global Certificates. Payment of principal of, prexniusn, if any, and interest on the Global Certificates will be made to the Bond Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its nominee as registered owner of the Global Certificates, and the Depository according to the laws and rules governing 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 all of the Bonds with the Depository or its agent. The Global Certificates shall be in typewritten forxn 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. �sss�rt� d� -�03 Certificates evidencing the Bonds may not after their original delivery be transfesed or exchanged except: (i) Upon registration of transfer of ownership of a Giobal Certificate, as provided in paragraph 12, (ri) To any successor of the Depository (or its nominee) or any substitute depository (a "substitute depository") designated pursuant to clause (ui) ofthis subpara�aph, 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, (rii) 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 for its depository services or (b) a determination by the City that the Depository is no longer able to carry out its functions, provided that any substitute depository must be qualified to act as such, as provided in clause (ii) of this subparagraph, or (iv) To those persons to whom transfer is requested in written transfer instructions in the event that: (a) the Depository sha11 resign or discontinue its services for the Bonds and the City is unable to locate a substitute depository within two (2) months following the resignation or deterxnination of non-eligibility, or (b) upon a determination by the City in its sole discretion that (1) the continuation ofthe 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 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, in either of which events the City shall notify Hoiders of its determination 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 ofthe Depository as may be authorized by this pazagraph, the Bond Registrar 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 similaz agreement may be entered into. 1499919�/1 �� _ao3 7. Redemption. (a) Optional Redemption, Due Date. All Bonds maturing after March 1, 2011, 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 paz 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 ofthe 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 after 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 return 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 Registraz has signed the appropriate column of the panel. (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 shall assign to each Replacement Bond ha�ing a common maturity date a distinctive number for each $5,000 of the principal amount of such Replacement 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 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 axnount 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 Replacement Bond. If a Repiacement Bond is to be redeemed only in part, it shall be sunendered to the Bond Registraz (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registraz duly executed by the Holder thereof or his, her or its attorney 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 Redemption. The Bond Re�istrar shall call Bonds for redemption and payment as herein provided upon receipt by the Bond Registru at least forty-five (45) days prior 1499919dZ 0� yo3 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 principal amount of Bonds to be called for redemption and the redemption date. ( fl Notice. Mailed notice of redemption shall be given to the paying agent (if other than a City officer) and to each affected Holder. ff 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 Registraz. 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 appeazing in the Bond Register. All notices of redemption shall state: (i) The redemption date; (ri) The redemption price; (iri) If less than all outstauding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (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 are to be surrendered for payment of the redemption price (which shall be the office of the Bond Registrar). (g) Notice to Depository. 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 ar 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 Registrar. U. S. Bank National Association, in Saint Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registraz"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. A successor Bond Registraz shall be an officer of the City or a bank or tnxst 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 Registraz shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until 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 £orms of Bond and pazab aph 14 of this resolution. 9. Forms of Bond The Bonds shall be in the form of Global Certificates unless and until Replacement Bonds are made available as provided in paragraph 6. Each form of bond may contain such additional or different terms and provisions as to the fotxn of payment, 14999t9d1 03 �03 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, to�ether with the Certificate of Registration, the Register of Partial Payments, the form of Assignment and the registration information thereon, shall be in substantially the following form and may be typewritten rather than printed: 1499919d1 o� -ao 3 iJNITED STATES OF AMERICA STATE OF NIINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL R- INTEREST RATE $ GENERAI.OBLIGATION STREET IlVIl'ROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2003B MATURITY DATE DATE OF ORIGINAL ISSUE CUSII' Mazch 1, REGISTERED OWNER: PRINCIPAL AMOUNT: Mazch 1, 2003 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 earlier redemption, and to pay interest thereon semiannuaily on Mazch 1 and September 1 of each year (each, an "Interest Payment Date"), commencing September 1, 2003, 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 2:30 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 successar payiug agent duly appointed by the Issuer; provided, however, that upon a partial redemption of this Bond wluch 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., Eastern 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 Aolder, sha11 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 Registraz 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., Eastem time, to the person in whose name this Bond is registered (the "Holder" or "Bondholder") onthe registration books ofthe 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 "Regular Record Date"). Interest payments shall be received by the Holder no later than 2:30 p.m., Eastern time; and principal and premium 1499919v2 O.� - ao 3 payments shall be received by the Holder no later than 2:30 p.m., Eastem time, if the Bond is sunendered 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 sha11 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 Registrar 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. Date of Pa�ment Not Business Dav. If the date for payment of the principal of, premium, if any, or interest on tlus Bond shall be a Saturday, Sunday, legal holiday or a day on which ba.vking institutions in the City of New York, New York, or the city where the principal office of the Bond Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the nea�t succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are 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, 2011, 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. ffredemption is in part, those Bonds remaiuing 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, this Bond may be prepaid in $5,000 increments of principal. 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 Redemption. MaIled notice of redemption shall be given to the paying agent (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 thereofwill be given by first class mai] 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 shall be used. Replacement 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, sha11 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 suirender this Bond to the Bond Registrar (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 seroice chazge, a new Bond of the same series having the same stated maturity and interest rate and of the authorized denomination 1499919dL 1 � o3-ac in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Purpose: General ObliQation. This Bond is one of an issue in the total principal amount of $3,340,000, 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 conformity 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 26, 2003 (the "Resolution"), for the puipose of providing money to finance the construction of various street improvements in the City. Tlus 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 generai obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the fuil faith and credit and taxing powers of the Issuer have been and are hereby inevocably pledged. Denominations: Exchanee: Resolution. The Bonds aze issuable originally only as Global Certificates in the denomination of the entire principal amount of the issue maturing on a single date, or, if a portion of said principal amount is prepaid, said principal amount less the prepayment. Global Certificates are not exchangeable for fully registered bonds of smaller denominations except to evidence a partial prepayment or in exchange for Replacement Bonds if then available. Replacement Bonds, if made a�ailable as provided below, are issuable solely as fully registered bonds in the denominatioas of $5,000 and integral multiples 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. that: Replacement Bonds. Replacement Bonds may be issued by the Issuer in the event (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 (or 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 Registraz, who will endorse his, her or its name and note the date of registration opposite the name of the payee in the certificate of registration attached hereto. Thereafter this Bond may be transferred by delivery with an 1499919v2 1 1 03 .ao� 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 until this Bond is presented with such assignment for re�strarion of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is registered on said books and noted hereon by the Bond Registrar, all subject to the teims 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 ofthis Bond may, at the direction and expense ofthe 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 taY or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regazding uansfers and lost Bonds. Treatment of Registered Owner. The Issuer and Bond Registrar may treat the person in whose name tlus 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 shall be overdue, and neither the Issuer nor the Bond Registraz shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any secwity unless the Certificate of Authentication hereon shall have been executed by the Bond Registraz. Not Qualified T�-Exempt Obli�ations. The Bonds have not been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the federal Internal 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 Tssuer 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, tisne 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 originai purchaser, does not exceed any constitutional or statutory or Charter limitation of indebtedness. IN WIT'NESS 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. 1499919d2 12 Q 3� �-� Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one ofthe Bonds described in the Resolution mentioned within. Bond Registrax Authorized Signature Registrable by: Payabie at: CITY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office ofFinancial Services General Obligation Street Improvement Special Assessment Bond, Series 2003B, No. R- I499919v2 j 3 Q3 -1 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 OWNER BOND REGISTRAR 1499919d2 14 O 3 -yo 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 Registrar 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 Registraz, and a Holder could fail to note the partial payment here. 1499919dZ 15 b3 -�03 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 applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties 7T TEN - as joint tenants with right of survivorship and not as tenants in common LJTMA - as custodian for (C�st) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 1499919v2 1C o3-ao3 AssiGrr�TV�r For value received, the undersigned hereby sells, assigns and transfers unto the attached Bond and does hereby irrevocably constitute and appoint attomey 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. Signatwe Guazanteed: Signature(s) must be guaranteed by a national bank oz trust company or by a brokerage firm ha�ing a membership in one of 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.) ]4999t9�2 17 63 -�n� B. Replacement Bonds. If the City has notified Holders that Replacement Bonds have been made available as provided in paragraph 6, then for every Bond thereafter transferred or exchanged (including an exchange to reflect the partial prepayment of a Global Certificate not previously exchanged for Replacement Bonds) the Bond Registrar sha11 deliver a certificate in the form of the Replacement Bond rather than the Global Certificate, but the Holder of a Global Certificate shall not otherwise be required to exchange the Global Certificate for one or more Replacement Bonds since the City recognizes that some beneficial owners may prefer the convenience of the Depository's registered ownerslup of the Bonds even though the entire issue is no longer required to be in giobal book-entry form. The Replacement Bonds, together with the Bond Registraz's Cert�cate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form, with pazagraphs identical to the form of Global Certificate stated by heading or initial text only: 1499919v2 18 0 3 �-a� I� GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2003B INTEREST RATE % REGISTERED OWNER: PRINCIPAL AMOUNT: LINITED STATES OF AMERICA STA'I'E OF NIINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL �% 17 DATE OF ORIGINAL ISSUE $ CUSIP Mazch 1, _ March 1, 2003 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 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, 2003, at the rate per annum specified above (calculated on tha basis of a 360-day yeaz 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 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 wiil be paid on each Interest Payment Date by check or draft mailed to the person in whose name tlus 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 "Regular 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 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 are payable in lawful money of the United States of America. 1499919dZ 19 03 -�°� REFERENCE IS HEREBY MADE TO'I'HE F[.JR'I'HER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WFIICH PROVISIONS SHALL FOR ALL PURPOSES HAVE 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 Council 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 offxcial seal hauing 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 By Authorized Signature Registrable by: Payable at: CITY OF SAINT PAUL, RA.MSEY COUNTY, NIINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services 1499919VZ ZQ 03 -2oS ON REVERSE OF BOND Date of Payment Not Business Day. Redem tion. All Bonds of this issue (the "Bonds") maturing after March 1, 2011, aze subject to redemption and prepayment at the option ofthe 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 shail determine; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. 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 Redemption. Selection of Bonds for Redemption. To effect a pastial redemption ofBonds 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 Registraz 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 only 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 sha11 be surrendered to the Bond Registrar (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 Isuer shall execute (if necessary) and the Bond Registraz 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 ar 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. Issuance: Purpose; General Oblieation. Denominations: Exchanee: Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denommations 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. 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 subj ect to the terms and conditions 1499919d1 Z 1 0 3 -ao3 provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall 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 "beazer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principai amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. Treatment of Registered Owner. Authentication Not Oualified T�-Exempt Obli atg ions. ne�:�;»►vr_��r.��y 1499919�/L 22 a�-�3 ASSTGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attomey 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 ass DQnment must correspond with the name as it appeazs upon the face of the within Bond in every particulaz, without alteration or any change whatever. Signature Guazanteed: Signature(s) must be guazanteed by a national bank or trust company or by a brokerage fum having a membership in one ofthe 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.) 1499919d2 23 0'3 -ae� 10. Execution. The Bonds shall be executed on behalf of the City by the signatures of its Mayor, Clerk and Director, Office of Financial Services, each with the effect noted on the forms of the Bonds, and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed or photocopied facsimile; and provided further that any of such signatures may he printed or photocopied facsimiles and the corporate seal may be omitted on the Bonds as permitted 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 facsimile 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. 1 l. Authentication: Date of Reeistration. 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 ofthe Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same persott. The Bond Registraz 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 Mazch 1, 2003. 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; Exchange. 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 Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred 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 transferred by delivery with an assignment duly executed by the Holder or his, her or its 1ega1 representative, and the City and Bond Registrar 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 such transfer is registered on said books and noted thereon by the Bond Registraz, 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 subject to other restrictions ifrequired to qualify the Global Ceztificates as being "in registered 1499919v2 24 03 -� form" witlun the meaning of Section 149(a) of the federal Intemal Revenue Code of 1986, as amended. If a Global Certifacate 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 Regisuar shall authenticate, insert the date ofregistration (as provided in paragraph 11) of, and deliver, in the name of the designated transferee or transferees, one or more new Replacement Bonds of any authorized denominauon or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "bearer" or similar 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 shall 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 shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer ar 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 attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any taz� or other governmental charge payable in connection with the transfer or exchauge of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable rewlations of the City contained in any agreement with, or notice to, the Bond Registraz, including rea lations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 13. Riahts Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchan�e 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. 1499919v2 ZS o� -�.3 14. Interest Payment: Record Date. Interest on any G1oba1 Certificate shall be paid as provided in the first paragraph 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 appearinD thereon at the close of business on the fifteenth (i 5th) day of the calendar 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") fu�ed by the Bond Registraz whenever money becomes available for payment of the defaulted interest. Notice of the Speciai 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 Re�istered 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. For that purpose, the City may ascertain the identity of the beneficial owner of the Bond by such means as the Bond Registraz 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 pazagraph 14 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, aud neither the City nor the Bond Registraz 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 sucb 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 ofthe purposes ofthis Resolution and shall be conclusive in favor of the City with regazd to any action taken by it under such request or other instmment, namely: (1) The fact and date ofthe 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 subpazagraph (A) above, the fact ofthe 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. 1499919d2 Z( �n� _'ao� 16. Delivery; A�plication ofProceeds. 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 "2003 Capital Projects Fund" (numbered C-03, the "Capital Fund"), to be administered and ma.intained by the City Treasurer as a bookkeeping account separate and apart from all other accounts maintained in the official financial 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"). 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) Cavital Fund. To the Capitai Fund there shall be credited the proceeds of the sale of the Bonds, less accrued interest received on the Bonds, and less any atnount paid for the Bonds in excess of $3,309,940. From the Capital Fund there sha11 be paid all costs and e�penses 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 dwing the construction period); and the moneys in the Capital Fund shall be used for no other puzpose 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 taYes 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 unprovement instituted pursuant to the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of any other purpose pertnitted by law, or transferred to the Debt Service Fund: All earnings on the Capital Fund shall be transferred to the Debt Sezvice Fund, or may be retained in the Capital Fund. (ii) 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 special assessments herein covenanted to be levied with respect to the Improvements, to the e�ent provided in paragraph 19; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $3,309,940; (d) any collections of all taYes which are levied herein, or which may hereafter be levied in the event that the special assessments herein pledged to the payment ofthe Bonds and interest thereon aze insufficient therefor; (e) all funds remaining in the Capital Fund after completion of the Improvements and payment of the costs thereof, not so transfesed to the account of another improvement or used to pay the costs of any other purpose permitted by law; and (fl 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 shall be paid from the Debt Service Fund or any other special 1499919dL 2'� o� - ao� account therein, and the Bonds are hereby made payable from the Debt Service Fund and any other special accounts therein for tlus 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 aze 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 shali 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 account 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 shali be used directly or indirectly to acquire higher yielding investments 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 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 azbitrage 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 a8er taking inYo account auy applicable "temporary periods" or "minar portion" made available under the federal arbitrage regulations. In addition, the proceeds ofthe Bonds and money in the Capital 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 e�;tent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Intemal Revenue Code of 1986, as amended (the "Code"). 18. Assessments: Coverage Test. The City Council has heretofore determined, and does hereby determine, to proceed with the Improvements 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 the 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 year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement 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 enor, defect, or irregulazity, 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 perfarmance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take 1499919d1 28 � all further proceedings as may be required by law to make the assessments a valid and binding lien upon such properiy. 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 aze required by conditions in e�stence at the rime the assessments are levied, the assessments are-hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interesl 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 ation WheelerlIglehart Margaret/Atlantic Edgebrook/Morningside Seventh/Daly Amount $1,040,76b 978,408 723,418 601.090 Lew Yeazs Collection Years TOTAL $3,343,682 2003-2022 for all 2004-2023 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 (2015). At the time the assessments for the Improvements are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taYes required to be levied in order to assure that the City continues to be in complaance with Minnesota Statutes, Section 475.61, Subdivision 1. 19. Limit on Special Assessments Pled¢ed. The City Council hereby finds, determines and declares that the payment of the Bonds does not require the pledge of ail 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 Service Fund. Only $3,343,682 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 $734,800 are necessary prior to their scheduled receipt in order to pay debt service on the Bonds on March 1, 2004) 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 shali be credited instead to a special account in the Capital Fund, and used for the purpose of paying any addirional costs of the Improvements and the costs of other improvements approved by the City, as follows: (a) the first $734,800 of all prepayxnents of special assessments recognized in paragraph 18 shall be credited to the Debt Service Fund, (b) thereafter until such time as the 1499919v2 29 special assessments from time to time 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 remaining assessments in excess of the Pledged Assessments shall be credited to said special account of the Capital Fund, and used as provided above. 20. Tax Lew; Coveraee Test. If taaces are levied as provided in the final part of paragraph 18, the tax levies shall 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 2015 there is hereby levied upon all of the taxable properiy in the City a direct annual ad valorem tax which shall be spread upon the tas rolls and collected with and as part of other general properly tases in the City for the yeazs and in the amounts as follows: Year of TaY Year of TaY Lew Collection Amount 2013 2014 $1,289,227 The tax levies are such that if collected in full they, together with estimated collections of special assessments and 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. The taa{ levies shall 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 pernutted by Minnesota Statutes, Section 475.61, Subdivision 3. 21. Generai Oblieation Pledge. For the prompt and full payxnent of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and tucing powers of the City shall be and are hereby inevocably pledged. If the balance in the special account relating to the Bonds in the Debt Service Fund (as defined in paragraph 17 hereofj 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 other funds of the City which are 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. Certificate of ReQistration. The Director, Office of Financial Services, is hereby directed to file a certified copy of this Resolution with the officer of Ramsey County, 1499919v2 30 crs —aO� Mviuesota, 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 ta�c levy required by law has been made. 23. 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 affida�its, certificates and information as aze required to show the facts relating to the legality and marketability of the Bonds as the same appeaz from the books and records under their custody and conuol or as otherwise known to them, and all such certified copies, certificates and �davits, including any heretofore furnished, sha11 be deemed representations ofthe City as to the facts recited therein. 24. Ne�ative Covenants as to Use of Proceeds and Im�rovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the 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 teixn 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 governmental 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) ofthe Code. 25. Tax-Exempt Status ofthe 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 investment earnings to the United States. The City expects that the two-year expenditure exception to the rebate requirements may apply to the construction proceeds ofthe Bonds. If any elections are auailabie now or hereafter with respect to azbitrage or rebate matters relating to the Bonds, the Mayor, Clerk, Treasurer and Director, Office ofFinancial Services, or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections sha11 be, and shall be deemed and treated as, elections of the City. 26_ No Desianation of Oualified TaY-Exempt Obliaations. The Bonds, together with other obligations issued by the City in 2003, 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 aze not designated for such purpose. 1499919�/L 31 D'3 -�03 27. 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 Tmst Company. So long as The Depository Tmst 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 a�eement or consent of The Depository Trust Company. 28. Neeotiated Sale. The City has retained Springsted Incorporated as an independent fmancial 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). 29. Continuing 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"), promulgated by the Securities and Exchange Commission (the "Commission") 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 Rulemaking 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 paragraph 29 and in the Undertaking are intended to be far 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 Director, 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 ofthe City the Undertaking in substantially the form presented to the City Council, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser, and (iii) acceptable to the Officers. 1499919dZ � 2 03 -b°3 30. Severabilitv. If any section, pazagraph or provision of this resolution shall be heid to be invalid or unenforceable for any reasoq the invalidity or unenforceability of such section, paragraph or pzovision shall not affect any of the remaining provisions of this resolution. 31. Headin¢s. 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. _ . n . 1499919dL 3 � 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN SS I01-28R7 6512233000 FAX:651.2233002 E-MAIL: advisors@sprinQsted.com �� O'a -a�j� SPRINGSTED Adviton m �he Po61it Secwr $3,340,000 City of Saint Paul, Minnesota General Obligation Street Improvement Special Assessment Bonds, Series 2003B (Book Entry Only) ,_�.� SALE: February 26, 2003 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Net Interest 'I7ue Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY 1NC. WELLS FARGO BROKERAGE SERVICES, LLC UBS PAINEWEBBER INCORPORATED MORGAN STANLEY - MORGAN STANLEY DW INC. SALOMON SMITH BARNEY CRONIN & COMPANY,INCORPORATED CIBC World Mazkets Citizens Bank Hutchinson, Shockey, Erley & Company Banc of America Securities LLC Kirlin Securities, Inc. U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC 2.00% 2.05 % 2.50 % 2.85 % 3.00% 3.15 % 3.30% 3.45 % 3.60% 3.625 % 3.75 % 2.00 % 2.45 °k 3.10% 330% 3.50% 3.625 % 3.75% 4.00% 2004-2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2004-2007 2008 2009-2010 2011 2012 2013 2014 2015 $3,309,940.00 $3,339,372.95 $932,937.50 $941,552.05 3.6306 %a 3.6336% (Continued) CORPORATE OFFIC£: SAINT PAUL, MN • Visit our webs�re at www.spnngsted.wm DES M07NES, [A • MILWAUKEE, WI • MINNEAPOLIS, MN • OVERLAND PARK, KS • VIRGINIA BEACR, VA • WASHINGTON, DC Interest Net Interest True Interes[ Bidder Rates Price Cost Rate WACHOVIA SECURITIES 2.00% 2.25 % 2.75 % 3.00% 3.25 % 3.50% 3.60% 3.75 % 3.85 % 2004-2006 2007 2008 2009 2010 2011-2012 2013 2014 2015 $3,322,292.40 $940,065.10 3.6460% RBC DAIN RAUSCHER INC. 1.50% 2004-2006 $3,340,641.40 $944,438.60 3.6646% ABN-AMRO FINANCIAL SERVICES 2.00% 2007 GRIFFIN, KUBIK, STEPHENS & 2.40% 2008 THOMPSON, INC. 2.75% 2009 ` STIFEL NICOLAUS & CO. INC 3.10% 2010 CHARLES SCHWAB & COIvSPANY � - _ _- _.—. ,— ,._, ,— 335 °k ZOl F -,_ -, , . -. - = Axelrod Associates, Inc. 3.50% 2012 � Prudential Securiaes, Inc. 3.625% 2013 Stone & Youngberg LLC Harris Trust & Savings Bank Robert W. Baird & Company, Incorporated Dougherty and Company LLC Isaak Bond Investments, Inc. Northem Trust Securities, Inc. Prager, McCazthy & Sealy, LLC Rate 3.75 % 2014 3.90% 2015 Reoffering Schedule oFthe Purchaser 2.00% 2.00 % 2.05 % 2.50% 2.85 % 3.00 % 3.15 % 330% 3.45% 3.60% 3.625 % 3.75 % Yeaz 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Yield 1.10% 1.60% 1.60% 2.05 °� 2.50 % 2.85 % 3.15 % 335% 3.50 % 3.60% 3.70% 3.80 % BBI: 4.79% Average MaNriry: 7.695 Yeazs DEPAR7MEM/OFFlCE/COUNCI Office of Finandai Services 26GS837 o a -ao� No 114040 mivaWate u o�ra�n.m�ruu�crat � 4� crtrcaa+a� CqF1 _ ENDA BY (DA"f� ^ � ASSIGN �(l � CRYATiO(tNEY f, ] CrtYC cer NUMBE32PoR I ROVfING ❑ FW�NCW.SERVICESOIR FWMICW.SERV/ACCfG ORDER I � MATOR ❑ TOTAL # OF SIGNATURE PAGES 1_ (CLIP ALL LOCATIONS FOR SIGNATUREj I iis resolution accepts the winning proposal and awards the bid for the $3,340,000 G.O. reet Improvement Spedal Assesment Bonds Series 2003B. This is a competitive bond sale and the award going to the bidder found most advantageos (lowes[ cost) to the Cily. 7A I I VN APP�OVC (A) Of KBJ2C[ (I PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION RSONAL SERVICE CONTRARS MUST ANSWER THE FOLLOWING QUESTIONS: Has Nis perso�rm evu worked under a contract for this departmenl? VES NO Has this perso�rm evu 6een a city emD�oyee? YES NO Dces this personlfirtn possess a skill not �rormally possessed by am� wrteM city employee? YES NO Is this perSONfirm a Wrgeletl verWOR VES NO bontls are for the purpose of (nancing certain street improvements within the City, antl will be repaitl by special assesmertls IF APPROVED available for street improvements. IF APPROVED for certain street improvemenfs v�dl �wt be available. SOURCE TRANSACiION S E3,xo,aoo INFORM4T10N (EXPLAIN) DATE INIMTED oti,aro3 GREEN SHEET midaVDaa COST/REVENUE BUDGETED (CIRCLE ON� VES NO ACTIVITV NUMBER 03 -ao3 WHEREAS, "Participants" means those financial institutions for whom the Depository effects book-entry transfers and pledges of securities deposited and immobilized with the Depository; and WI-IEREAS, The Depository Tmst Company, a limited purpose tru�mpany organized under the laws of the State of New York, or any of its successors or succ ssors to its functions hereunder (the "Depository"), will act as such depository with respect t the Bonds except as set forth below, and the City has heretofore delivered a letter ofrepr�tations (the "Letter of Representations") setting forth vazious matters relating to the Depo,srtory and its role with respect to the Bonds; and � WHEREAS, the City will deliver the Bonds in the form q� one certificate per maturity, each representing the entire principal amount of the Bonds d e on a particulaz maturity date (each a"Global Certificate"), which single certificate per matur' y may be transferred on the City's bond register as required by the Uniform Commercial Code ut not exchanged for smaller denominations unless the City determines to issue Replacement onds as provided below; and WHEREAS, the City will be able to replace Aepository or under certain circumstances to abandon the "global book-entry form" by ermitting the Global Certificates to be exchanged for smaller denominations typical of ordin bonds registered on the City's bond register; and "Replacement Bonds" means the certificat representing the Bonds so authenticated and delivered by the Bond Registrar pur ant to paragraphs 6 and 12 hereof, and WHEREAS, "Holder" as used Y registered on the registration books of the City in pazagraph 8(the "Bond Registrar"); and means the person in whose name a Bond is ained by the registrar appointed as provided WHEREAS, Rule 15c2-12 of he Securities and Exchange Commission prohibits "participating underwriters" from purchas' or selling the Bonds unless the City undertakes to provide certain continuing disclosure wit respect to the Bonds; and WIlEREAS, pursuant t Minnesota Statutes, Section 475.60, Subdivision 2(9), public sale requirements do not apply to the Bonds if the City retains an independent financial advisor and determines to sell the nds by private negotiation, and the City has instead authorized a competitive sale wit ut publication of notice thereof as a form of private negotiation; and WHEREAS, oposals for the Bonds have been solicited by Springsted Incorporated pursuant to a�Official Statement and Terms of Proposal therein: NOW, Paul, Minnesota, as fc BE IT RESOLVED by the Council ofthe City of Saint 1. Acceptance of Proposal. The proposal of (the "Purchaser") o purchase $3,34Q000 General Obligation Street Improvement Special Assessment Bo s, Series 2003B, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms of Proposal for the bond sa1e, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby 1499919d1 0'3-3a3 Maturitv Year 2004 Z��S 2006 2007 2008 2009 Interest Rate % Maturit� 2�1� 2011 2012 2013 2014 2015 Interest Rate % 5. Descri tion of the Giobal Certificates and Global Book-En S stem. Upon their original issuance the Bonds will be issued in the formP a single Global Certificate for each maturity, deposited with the Depository or its agent by�e Purchaser and iznmobilized as provided in pazagraph 6. No beneficial owners of interests ' the Bonds will receive certificates representing their respective interests in the Bon except as provided in pazagraph 6. Except as so provided, during the term of the Bonds, bene cial ownership (and subsequent transfers of beneficial ownership) of interests in the Glo 1 Certificates will be reflected by book entries made on the records of the Depository and its P icipants and other banks, brokers, and dealers participating in the National System. The De ository's book entries of beneficial ownerslup interests are authorized to be in increme� of $5,000 of principal of the Bonds, but not smaller increments, despite the larger authon d denominations of the Global Certificates. Payment of principal of, premium, if any, and � erest on the Global Certificates will be made to the Bond Registrar as paying agent, and in by the Bond Registrar to the Depository ar its nominee as registered owner of the Global rtificates, and the Depository according to the laws and rules goveming it will receive and fo ard payments on behalf of the beneficial owners of the Global Certificates. Payment of principal o, premium, if any, and interest on a Global Certificate may in the City's discretion be made by s ch other method of transferring funds as may be requested by the Hoider of a Giobal Certifica . 6. Immobil' tion of Global Certificates b the De osito � Successor De osito � Re lacement Bon s. Pursuant to the request of the Purchaser to the Depository, which request is required by e Terms of Proposal, immediately upon the original delivery of the Bonds the Purchaser wi deposit the Global Certificates representing all of the Bonds with the Depository or its agent The Global Certificates shall be in typewritten form or otherwise as acceptable to the Deposi ry, shall be registered in the name of the Depository or its nominee and shall be held immo Ilized from circulation at the o�ces of the Depository or its agent on behalf of the Purchas and subsequent bondowners. The Depository or its nominee will be the sole holder of recor of the Global Certificates and no investor or other party purchasing, selling or otherwise transf ning ownership of interests in any Bond is to receive, hold or deliver any bond certificates o long as the Depository holds the Global Certificates immobilized from circulation, exc t as provided below in this pazagraph and in pazagraph 12. 1499979d2 O 3 - �3 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, ; the special assessments are hereby authorized. Subject to such adjustments as are conditions in existence at the time the assessments are levied, the assessments aze authorized and it is hereby determined that the assessments shall be payable in eqi consecutive, annual installments, with general t�es for the years shown below on the declining balance of all such assessments at a rate per annum approxi tei. (i%) per annum in excess of the net effective rate of interest on the Bonds: Improvement Desi nation Wheelerilglehart MargazeUAUantic Edgebrook/Morningside Seventk�/Daly TOTAL Amount $1,152,360 913,114 530,317 573 679 $3,169,470 Levy Years 2003-: for all ibdivi ' n 3, �qu' ed by e by � with interest one percent Years 2004-2023 for all The special assessments for the Imp ovements and with respect to the Prior Improvements shali be such that if collected in they, together with estimated collections of other revenues herein pledged for the payment f the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet hen due the principal and interest payments on the Bonds in every yeaz except the fmal ye (2015). At the time the assessments for the Improvements are in fact levied the City ouncil shall, based on the then-current estimated collections of the assessments, make an adjustments in any ad valorem ta�ces required to be levied in order to assure that the City ntinues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 19. Limit on S ecial Assessments Pled¢ed. The City Council hereby fmds, determines and declares that th payment of the Bonds does not require the pledge of all the special assessments which be levied with respect to the Improvements identified in pazagraph 18, and that it is cessary, proper and expedient to provide that payments and prepayments of special ass ssments in excess of the debt service requirements of the Bonds be put to use for other purp es sooner than upon the termination of the Debt Service Fund. Only $ original � cipal amount of the special assessments (which amount is the "Pledged Assessment '), and interest thereon, recognized in paragraph 18 of this Resolution (of which $ e necessary prior to their scheduled receipt in order to pay debt service on the Bonds on Maz 1, 2004) are or shall be pledged to the payment of the Bonds, and payments of, or with respe to, such special assessments in excess of the Pledged Assessments shall be credited instea to a special account in the Capital Fund, and used for the purpose of paying any additional co s of the Improvements and the costs of other isnprovements approved by the City, as follows: a) the first $ of all prepayments of special assessments recognized in paragraph 18 sha11 be credited to the Debt Service Fund, (b) thereafter until such time as the 1499919�/L Zc� b'b -3�3 special assessments from time to time outstanding equal in originai principal amount the Pledged Assessments or less, prepayments of any of the special assessments recognized in pazagraph 18 shall be treated as prepayments of the portion of the special assessments not pledged �b the Bonds and shall be credited instead to said special account of the Capital Fund, and/ised as provided above, and (c) while the special assessments from time to time outstan�}ing equal in original principal amount the Pledged Assessments or more, regular installm�f payments made on the Pledged Assessments only (not all of the special assessments) shall b� credited to the Debt Service Fund, and regular iustallment payments on that portion, if any, of e remaining assessments in excess of the Pledged Assessments sha11 be credited to s d special account of the Capital Fund, and used as provided above. 20. TaY Lew: Coveraee Test. If taYes are levi�d as provided in the finai part of paragraph 18, the taY levies shall be irrepealable so long as a�y of the Bonds are outstanding and unpaid, provided that the City reserves the right and powe to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 4�61, Subdivision 3. To provide moneys for payment of the be paid in 2015 there is hereby levied upon all of the 1 ad valorem taz� which shall be spread upon the t� ro� general properiy taxes in the City for the yeazs and ip Year of T� Lev,� Yeaz 2013 The tas levies are suc collections of special assessments an Bonds, will produce at least five perc the principal and interest payments any of the Bonds are outstanding d to reduce the levies in the manne an Section 475.61, Subdivision 3. 201 r�icipal and interest on the Bonds due to �able property in the City a direct annual and collected with and as part of other the amounts as follows: • u• $ h th " if collected in full they, together with estimated d her revenues herein pledged for the payment of the t(5%) in excess of the amount needed to meet when due the Bonds. The taz� levies shall be irrepealable so long as unpaid, provided that the City reserves the right and power d to the e�tent permitted by Minnesota Statutes, 21. Gener Obli ation Pled e. For the prompt and full payment of the principal and interest on th onds, as the same respectively become due, the full faith, credit and taacing powers of the ity shall be and are hereby irrevocably pledged. If the balance in the special account relating the Bonds in the Debt Service Fund (as defined in paragraph 17 hereo fl is ever insuffici nt to pay all principal and interest then due on the Bonds payabie therefrom, the deficie cy shall be promptly paid out of any other funds of the City which are auailable for such p ose, including the general fund ofthe City and the Debt Service Fund and the special account therein, and such other funds may be reimbursed with or without interest from the special count in the Debt Service Fund relating to the Bonds when a sufficient balance is avail le therein. 22. Certificate ofReQistration. The Director, Office ofFinancial Services, is hereby dir ed to file a certified copy of this Resolution with the officer of Ramsey County, 149991h2 30 85 SEVErTH PLACE EAST, SUITE 100 SAINT PAUL, MN ii101-2887 651.223.3000 FAX:651.223.3002 E .�IAIL: adrisors@sPringsted.<om /� SPRINGSTED Adv�sors to tF.e Publir Senor February 26, 2003 Mr. Matt Smith, Director of Financial Services Ms. Barb Maynard, Treasurer Mr. Todd Hurley, Municipal Debt Manager City of St. Paul Treasury Division Office of Financial Services 160 City Hall 15 West Kellogg Blvd Saint Paul, MN 55102 RE: Recommendations for Award of City of Saint Paul's: $22,235,000 General Obligation Capital Improvement Bonds, Series 2003A $3,340,000 General Obligation Street Improvement Special Assessment Bonds, Series 20036 $10,650,000 Water Revenue Bonds, Series 2003C Dear Mr. Smith, Ms. Maynard and Mr. Hurley: 0 3 - �.�3 This letter summarizes the results of the competitive bids opened at 10:00 a.m. and at 10:30 a.m. this morning for these three issues. Purpose of Issues The CIB Issue has two components. $19,000,000 is to fund various capital improvements. $3,235,000 is to `currenY refund the 1995 CIB Issue to achieve interest cost savings. The CIB Issue will be repaid by property tax levies. The 1995 CIB Issue has a current interest rate of 5.10%. The purpose of the Street Issue is twofold: first, to fund portions of the City's annual street improvement program. This Street Issue is expected to be repaid by special assessments on benefiting properties. The purpose of the Water issue is to fund current capital improvements of the Saint Paul Regional Water Authority. The Water Issue wiii be repaid by general revenues of the Utility. Tax-Exempt Market Rates The municipal tax-exempt market remains in a historic Iow range. 7he national index of these interest rates, the BBI, is at the very low point of 4.79%. COAPORATE OFFICE: SAINT PAUL, MN . Visit our website at www.sPringsted.com IOWA • KANSAS � MINNESOTA � VIRG[NIA + WASHINGTON, DC s WISCONSIN City of Saint Paui, Minnesota February 26, 2003 Page 2 Sale Results �'� -�� The City received five bids on the CIB Issue. The senior managers of the bidding syndicates were as follows: Rank Bidder UBS PaineWebber Inc. Advest, Inc. Howe Barnes Investments US Bancorp Piper Jaffray RBC Dain Rauscher Inc. TIC % 2.9969% 2.9999% 3.0124% 3.0241 % 3.0409% The lowest or best bid was received from UBS PaineWebber Inc. at a true interest rate of 2.9969%. Last year's CIB sale received a winning bid of 3.7160%. For the refunding portion of this issue the TIC was 1.485%. This rate resulted in a net present value interest cost savings after deducting all financing costs of $106,600. The net future value savings were $111,820. The City received four bids on the Street Issue: Rank Bidder 1"IC % US Bancorp Piper Jaffray 3.6306% UBS PaineWebber inc. 3.6336% Wachovia Bank, National Association 3.6460% RBC Dain Rauscher Inc. 3.6646% The lowest or best bid was received from US Bancorp Piper Jaffray, at a true interest rate of 3.6306%. The City received three bids on the Water Issue: Rank Bidder US Bancorp Piper Jaffray Morgan Stanley, Dean Witter & Co. RBC Dain Rauscher Inc. TIC % 3.9494% 4.0263% 4.0683% The lowest or best bid was received from US Bancorp Piper Jaffray at a true interest rate of 3.9494% The difference in interest rates between these three 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. In the case of the Water Issue there is also a difference in credit quality. 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 Street Issue and Water Issue, and to UBS Paine Webber on the CIB Issue. City of Saint Paul, Minnesota February 26, 2003 Page 3 Basis of Recommendation We believe the interest rates received by the City today reflect aggressive bidding on each issue. For all three issues the bid resuits are approximately 3l10ths of 1% under our estimates of late January and early February. The objectives underlying each issue were exceeded with inierest rates well below the estimates, and interest cost savings on ihe refunding issues well in excess of estimates. Credit Rating The City's general obligation rating for these issues were reaffirmed by Standard & Poor's and Moody's, at AAA from S&P, and Aa2 from Moody's. 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 prccess. Respectfully, C �pr v � David N. MacGillivray Chairman fl�'�� sja Enclosure