Loading...
03-205(�.�,��.,.,..� - r�b �c, aoo3 p��� �, 3,v, a� RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By Refeaed To Council File # �' — �.15 Green Sheet # 1 1� Q_',�� 3'� Co�ittee: 2 ACCEPTING PROPOSAL ON SALE OF 3 $22,235,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT 4 BONDS, SERIES 2003A, 5 PROVIDING FOR TI�IR ISSUANCE, AND LEVYING 6 A TAX FOR THE PAYMENT THEREOF 7 WHEREAS, the D'uector, Office of Financiai Services, has presented proposals 8 received for the sale of $22,235,000 General Obligation Capital Improvement Bonds, Series 9 2003A (the "Bonds"), of the City of Saint Paul, Minnesota (the "City"); and 10 WHEREAS, the proposals set forth on Exhibit A attached hereto were received 11 pursuant to the Terms of Proposal at the offices of Springsted Incorporated at 10:30 A.M., 12 Central Time, this same day; and 13 WHEREAS, the Director, Office of Financial Services, has advised this Council 14 that the proposal of yqa P �� bb,,,.r „�� . was found to be the most advantageous 15 and has recommended that said proposal be accepted; and 16 17 18 19 20 21 WHEREAS, the proceeds of the Bonds will finance (1) certain capital improvements, for which the City is proceeding pursuant to its Charter and Laws of Minnesota for 1971, Chapter 773, as ariiended, with any excess to be used for any other purpose permitted by law, and (2) the current refunding of the 2004 and 2005 maturities (aggregating to $3,15Q000) of the City's General Obligation Capital Improvement Bonds, Series 1995B (the "Refunded Bonds"), for payment on May l, 2003; and 22 WHEREAS, the Refunded Bonds are callable on March 1, 2003, and on any day 23 thereafter at a price of par plus accrued interest, and refunding them is consistent with covenants 24 made with the holders thereof, and is necessary and desirable for the reduction of debt service 25 cost to the City; and 26 WHEREAS, the City has heretofore issued registered obligations in certificated 27 form, and incurs substantial costs associated with their printing and issuance, and substantial 28 continuing transaction costs relating to their payment, transfer and exchange; and 29 30 31 32 33 34 WHEREAS, the City has detemuned that significant sa�ings 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 noxninee, and held in safekeeping and immobilized by such depository, and such depository as part of the computerized national securities cleazance and settlement system (the "National System") registers transfers of ownership interests in the bonds by making t499959v2 0� -�as 1 computerized book entries on its own books and disiributes payments on the bonds to its 2 Participants shown on its books as the owners of such interests; and such Participants and other 3 banks, brokers and dealers puticipating in the Narional System will do likecvise (not as agents of 4 the City) if not the beneficial owners of the bonds; and 5 WHEREAS, "Participants" means those financial institurions for whom the 6 Depository effects book-entry transfers and pledges of securities deposited and immobilized with 7 the Depository; and 8 WHEREAS, The Depository Trust Company, a limited purpose trust company 9 organized under the laws of the State of New York, or any of its successors or successors to its 10 functions hereunder (the "Depository"), will act as such depository with respect to the Bonds 11 except as set forth below, and the City has heretofore delivered a letter of representations (the 12 "Letter of Representations") setting forth various matters relating to the Depository and its role 13 with respect to the Bonds; and 14 WHEREAS, the City will deliver the Bonds in the form of one certificate per 15 maturity, each representing the entire principal amount of the Bonds due on a particulaz maturity 16 date (each a"Global Certificate"), which single certificate per maturity may be transferred on the 17 City's bond register as required by the Uniform Commercial Code, but not exchanged for smaller 18 denominations unless the City deternunes to issue Replacement Bonds as provided below; and 19 WHEREAS, the City will be able to replace the Depository ar under certain 20 circumstances to abandon the "global book-entry form" by permitting the Global Certificates to 21 be exchanged for smaller denominations typical of ordinary bonds registered on the City's bond 22 register; and "Replacement Bonds" means the certificates representing the Bonds so 23 authenticated and delivered by the Bond Registrar pursuant to pazagraphs 6 and 12 hereof; and 24 WHEREAS, "Holder" as used herein means the person in whose name a Bond is 25 registered on the registration books of the City maintained by the registrar appointed as provided 26 in paragraph 8(the "Bond Registrar"); and 27 WIIEREAS, Rule 15c2-12 of the Securities and Exchange Commission prohibits 28 "participating undeiwiiters" from purchasing or selling the Bonds unless the City undertakes to 29 provide certain continuing disclosure with respect to the Bonds; and 30 WHEREAS, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), 31 public sale requirements do not apply to the Bonds if the City retains an independent financial 32 advisor and deternunes to sell the Bonds by private negoriation, and the City has instead 33 authorized a competitive sale without publication of notice thereof as a form of private 34 negotiation; and 35 WHEREAS, proposals far the Bonds have been solicited by Springsted 36 Incorporated pursuant to an Official Statement and Terms of Proposal therein: 37 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saint 38 Paul, Minnesota, as follows: 1499959v2 2 1. Acceptance of Proposal. The proposal of UBS PaineWebber Incorporated (the "Purchaser") to purchase $22,235,000 General Obligation Capital Improvement Bonds, Series 2003A, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest set forth hereinafter, and to pay for the Bonds the sum of $22,446,314.15, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Director, Office of Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to forthwith return to the others making proposals their good faith checks or drafts. 10 11 12 13 14 15 16 17 18 2. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Capital Improvement Bonds, Series 2003A", shall be dated March 1, 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 I in the years and amounts as follows: Year 2004 2005 2006 2007 2008 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Amount $3,320,000 3,390,000 1,775,000 1,800,000 1,850,000 Year 2009 2010 2011 2012 2013 Amount $1,900,000 1,950,000 2,010,000 2,085,000 2,155,000 The portion of the Bonds which refunds the Refunded Bonds is $3,235,000 and matures in 2004 in the amount of $1,595,000 and in 2005 in the amount of $1,640,000. 3. Pumose; Finding. The Bonds shall provide funds for (1) the construction of the capital improvements in the City's 2003 capital improvement budget (the "Improvements"), including payments on a lease relating to the City's central library, and (2) a current refunding (the "Refunding") of the Refunded Bonds. The proceeds of the Bonds shall be deposited and used as provided in paragraph 17, for the purpose described by Laws of Minnesota for 1971, Chapter 773, as amended, and any excess moneys shall be devoted to any other purpose permitted by law. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. It is hereby found, determined and declazed that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and is necessary or desirable for the reduction of debt service cost to the City. 33 4. Interest. The Bonds shall bear interest payable semiannually on March 1 34 and September 1 of each year (each, an "Interest Payment Date"), commencing September 1, 35 2003, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates 36 per annum set forth opposite the maturity years as follows: 1499959v2 Maturitv Year 2004 2005 2006 2007 2008 10 11 12 13 14 15 16 17 Interest Rate 2.000% 2.000 2.000 2.000 3.500 Maturitv Year 2009 2010 2011 2012 2013 Interest Rate 3.500% 3.500 3.500 3.500 3.625 5. Descrivtion 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 denominations of the Global Certificates. Payment ofprincipal of, premium, 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. 18 Payment of principal of, premium, if any, and interest on a Global Certificate may in the 19 City's discretion be made by such other method of transferring funds as may be requested by the 20 Holder of a Global Certificate. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 6. Immobilization of Global Certificates bv the Depositorv; Successor De ository; 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 form or otherwise as acceptable to the Depository, shall be registered in the name of the Depository or its nominee and shall be held immobilized from circulation at the offices of the Depository or its agent on behalf of the Purchaser and subsequent bondowners. The Depository or its nominee will be the sole holder of record of the Global Certificates and no investor or other party purchasing, selling or otherwise transferring ownership of interests in any Bond is to receive, hold ar deliver any bond certificates so long as the Depository holds the Global Certificates immobilized from circulation, except as provided below in this paragraph and in paragraph 12. Certificates evidencing the Bonds may not after their original delivery be transferred or exchanged except: (i) Upon registration of transfer of ownership of a Global Certificate, as provided in paragraph 12, 1499959v2 0 as - aA.s 1 (ii) To any successor of the Depository (or its nominee) or any substitute 2 depository (a "substitute depository") designated pursuant to clause (iii) of this 3 subpazagraph, provided that any successor of the Depository or any substitute depository 4 must be both a"clearing corporation" as defined in the Miunesota Uniform Commercial 5 Code at Mivnesota Statutes, Secrion 336.8-102, and a qualified and registered "clearing 6 agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended, 7 9 10 11 12 13 (iii) To a substitute depository designated by and acceptable to the City upon (a) the deteruiinarion by the Depository that the Bonds shall no longer be eligible for its depository services or (b) a deternrination 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 subpazagraph, or (iv) To those persons to whom transfer is requested in written transfer instructions in the event that: 14 (a) the Depository shall resign or discontinue its services for the 15 Bonds and the City is unable to locate a substitute depository within two (2) 16 months following the resignarion or detemrination of non-eligibility, or 17 (b) upon a deternunation by the City in its sole discrerion that (1) the 18 continuation of the book-enhy system described herein, which precludes the 19 issuance of certificates (other than Global Certificates) to any Holder other than 20 the Depository (or its nominee), might adversely affect the interest of the 21 beneficial owners of the Bonds, or (2) that it is in the best interest of the beneficial 22 owners of the Bonds that they be able to obtain certificated bonds, 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 in either of which events the City shall notify Holders 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 of the Depository as may be authorized by this paragraph, the Bond Registraz upon presentation of Global Certificates shall register their transfer to the substitute or successor depository, and the substitute or successor depository shall be treated as the Depository for all purposes and functions under this resolution. The Letter of Representations shall not apply to a substitute or successor depository unless the City and the substihxte or successor depository so agree, and a sunilar agreement may be entered into. Redem�rion. (a) Optional Redemption: Due Date. All Bonds matiaring after Mazch 1, 2011, shall be subj ect to redemption and prepayment at the oprion of the City on such date and on any day thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayxnent. If redemption is in part, those Bonds rema.ining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall deternvne; and if only part of the Bonds having a common mahxrity date are called for prepayment, the Global Certificates may be prepaid in $5,000 increments of principal and, if applicable, the 149995h2 5 03 -SoS 1 specific Replacement Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds 2 or portions thereof called for redemption shall be due and payable on the redemption date, and 3 interest thereon shall cease to accrue from and after the redemption date. 4 (b) Notafion on Global Certificate. Upon a reduction in the aggregate principal 5 amount of a Globai Certificate, the Holder may make a notation of such redemption on the panel 6 provided on the Global Certificate stating the amount so redeemed, or may retum the Global 7 Certificate to the Bond Registrar in exchange for a new Global Certificate authenticated by the 8 Bond Registrar, in proper principal amount. Such notation, if made by the Hoider, shall be for 9 reference only, and may not be relied upon by any other person as being in any way 10 detemunative of the principal amount of such Global Certificate outstanding, unless the Bond 11 Registraz has signed the appropriate column of the panel. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (c) Selection of Replacement Bonds. To effect a partial redemption of Repiacement Bonds having a common maturity date, the Bond Registraz prior to giving notice of redemption shall assign to each Replacement Bond hauing a common matixrity 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 nuxnbers so selected; provided, however, that only so much of the principal amount of each such Replacement Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each nuxnber assigned to it and so selected. (d) Partial Redemption of Replacement Bonds. If a Replacement Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Regstrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar 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 hauing 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. 33 (e) Request for Redemption. The Bond Registraz shall call Bonds for redemption and 34 payment as herein provided upon receipt by the Bond Registrar at least forty-five (45) days prior 35 to the redemption date of a request of the City, in written form if the Bond Registraz is other than 36 a City officer. Such request shall specify the principal amount of Bonds to be called for 37 redemption and the redemption date. 38 ( fl Notice. Mailed notice of redemption shall be given to the paying agent (if other 39 than a City officer) and to each affected Holder. If and when the City shall call any of the Bonds 40 for redemption and payxnent prior to the stated maturity thereof, the Bond Registrar shall give 41 written notice in the name of the City of its intenfion to redeem and pay such Bonds at the office 42 of the Bond Registrar. Nofice of redemption shall be given by first class mail, postage prepaid, 149995<N2 ( d 3 .�p.i 1 mailed not less than thirty (30) days prior to the redemption date, to each Holder of Bonds to be 2 redeemed, at the address appearing in the Bond Register. All notices of redemption shall state: (i) 0 �ll� The redemprion date; The redemption price; 5 (iii) If less than ali outstauding Bonds aze to be redeemed, the identificarion 6 (and, in the case of partial redemption, the respective principal amounts) of the Bonds to 7 be redeemed; 8 (iv) That on the redemprion date, the redemprion price wili become due and 9 payable upon each such Bond, and that interest thereon shall cease to accrue from and 10 after said date; and 11 (v) The place where such Bonds are to be surrendered for payment of the 12 redemption price (which shall be the office of the Bond Registrar). 13 (g) Notice to Depository. Notices to The Depository Trust Company or its nominee 14 shall contain the CUSIP nuxnbers of the Bonds. If there are any Holders of the Bonds other than 15 the Depository or its nominee, the Bond Registrar shall use its best efforts to deliver any such 16 norice to the Depository on the business day next preceding the date of mailing of such notice to 17 all other Holders. 18 19 20 21 22 23 24 25 26 27 28 8. Bond Re�istrar. 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 Registrar"), and shall do so unless and until a successar Bond Registrar is duly appointed, all parsuant to any contract the City and Bond Registrar shall execute which is consistent herewith. A successor Bond Registrar shail be an officer of the City or a bank or trust company eligible far designation as bond registraz pursuant to Minnesota Statutes, Chapter 475, and may be appointed pursuant to any contract the City and such successor Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and 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 forms of Bond and pazagraph 14 of this resolution. 29 9. Forms of Bond The Bonds shall be in the form of Global Certificates 30 unless and unril Replacement Bonds aze made available as provided in pazagraph 6. Each form 31 of bond may contain such additional or different terms and provisions as to the form of payment, 32 record date, notices and other matters as are consistent with the Letter of Representations and 33 approved by the City Attorney. 34 A. Global Certificates. The Global Certificates, together with the Certificate of 35 Registration, the Register of Partial Payments, the form of Assignment and the registration 36 information thereon, shall be in substantially the following form and may be typewritten rather 37 than printed: 1499959v2 � O � •3:or 4 5 R- 6 7 INTEREST RATE G] i[i7 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CTTY OF SAINT PAUL $ GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2003A MATURITY DATE DATE OF ORIGINAL ISSLTE CUS1P March 1, .� PRINCIPAL AMOUNT: �• :: 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 registrarion 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 redemprion, and to pay interest thereon semiannually on March 1 and September 1 of each year (each, an "Interest Payxnent Date"), commencing September l, 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 ar, 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., Eastern time, upon presentation and surrender hereof at the principal office of in , Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer; provided, however, that upon a partial redemption of this Bond which results in the stated amount hereof being reduced, the Holder may in its discrefion be paid without presentation of this Bond, which payment shall be received no later than 2:30 p.m., Eastem time, and may make a notation on the panel provided herein of such redemption, stating the amount so redeemed, or may return the Bond to the Bond Registrar in exchange for a new Band in the proper principal amount. Such notation, if made by the Holder, shall be for reference only, and may not be relied upon by any other person as being in any way determinarive of the principal amount of this Bond outstanding, unless the Bond Registraz has signed the appropriate wlumn of the panel. Interest on this Bond will be paid on each Interest Payment Date in same-day funds by 230 p.m., Eastern time, to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment 149995h2 Mazch 1, 2003 03 -i� 1 Date (the "Regulaz Record Date"). Interest payments shali be received by the Holder no later 2 than 230 p.m., Eastern time; and principal and premium payments shall be received by the 3 Holder no later than 2:30 p.m., Eastern time, if the Bond is surrendered for payment enough in 4 advance to permit payment to be made by such time. Any interest not so timely paid shall cease 5 to be payable to the person who is the Holder hereof as of the Regulaz Record Date, and shall be 6 payable to the person who is the Aolder hereof at the close of business on a date (the "Special 7 Record Date") fiYed by the Bond Registrar whenever money becomes available for payment of 8 the defaulted interest. Nofice of the Special Record Date shail be given to Bondholders not less 9 than ten days prior to the Special Record Date_ The principal of and premium, if any, and 10 interest on this Bond are payable in lawful money of the United States of America. 11 Date of Pavment Not Business Dav. If the date for payment of the principal of, 12 premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on 13 which banking insriturions in the City of New York, New York, or the city where the principal 14 office of the Bond Registrar is located are authorized by law or executive order to close, then the 15 date for such payment shall be the next succeeding day which is not a Saturday, 5unday, legal 16 holiday or a day on which such banldng institutions aze authorized to close, and payment on such 17 date shall have the same farce and effect as if made on the nominal date of payment. 18 Redemprion. All Bonds of this issue (the "Bonds") maturing after March 1, 2011, 19 are subject to redemption and prepayment at the option of the Issuer on such date and on any day 20 thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the 21 Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be 22 prepaid in such order of maturity and in such amount per maturity as the City shall determine; 23 and if oniy part of the Bonds hauing a common maturity date aze called for prepayment, this 24 Bond may be prepaid in $5,000 increments of principal. Bonds or portions thereof called for 25 redemption shall be due and payable on the redemption date, and interest thereon shall cease to 26 accrue from and after the redemption date. 27 Notice of Redemption. Mailed notice of redemprion shall be given to the paying 28 agent (if other than a City officer) and to each affected Holder of the Bonds. In the event any of 29 the Bonds are called for redemption, written notice thereof will be given by first class mail 30 mailed not less than thirty (30) days prior to the redemption date to each Holder of Bonds to be 31 redeemed. In connection with any such notice, the "CUSIP" numbers assigned to the Bonds 32 shall be used. 33 Renlacement or Notation of Bonds after Partial Redemption. Upon a parkial 34 redemption of this Bond which results in the stated amount hereof being reduced, the Holder 35 may in its discretion make a notation on the panel provided herein of such redemption, stating 36 the amount so redeemed. Such notation, if made by the Holder, shall be for reference only, and 37 may not be relied upon by any other person as being in auy way determinative of the principal 38 amount of the Bond outstanding, unless the Bond Registraz has signed the appropriate column of 39 the panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with, if the 40 Issuer or Bond Registrar so requires, a written instntment of transfer in form satisfactory to the 41 Issuer and Bond Registraz duly executed by the Holder thereof or his, her or its attorney duly 42 authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall 43 authenticate and deliver to the Holder of such Bond, without service charge, a new Bond of the 1499959c2 o� -zos 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 same series having the same stated maturity and interest rate and of the authorized denomination in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Purpose; General Obli¢ation. This Bond is one of an issue in the total principal amount of $22,235,OOQ all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination, and redemprion privilege, which Bond has been issued pursuant to and in full confomuty with the Consriturion and laws of the State of Minnesota, including particulazly Laws of Miuuesota for 1971, Chapter 773, as amended, and the Charter of the Issuer, and pursuant to a resolution adopted by the City Council of the Issuer on February 26, 2003 (the "Resolufion"), for the purpose ofproviding money to finance (1) the acquisition, construc6on and repair of various capital improvements in the City and (2) the current refunding of the City's General Obligation Capital Improvement Bonds, Series 1995B. This Bond is payable out of the General Debt Service Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange: Resolution. The Bonds are 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 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 available as provided below, 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 denominations in equal aggregate principal amounts at the principal office of the Bond Registraz, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and dufies of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. that: Renlacement Bonds. Replacement Bonds may be issued by the Issuer in the event 31 (a) the Depository shall resign or discontinue its services for the Bonds, and 32 only if the Issuer is unable to locate a substitute depository within two (2) months 33 following the resignation or determination of non-eligibility, or 34 35 36 37 38 39 (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 Hoider 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. 40 Transfer. This Bond shall be registered in the name of the payee on the books of 41 the Issuer by presenting this Bond for registration to the Bond Registraz, who will endorse his, 1499959v2 10 b3 -�-nS 1 her or its name and note the date of registrafion opposite the name of the payee in the certificate 2 of regisiration attached hereto. Thereafter tlus Bond may be transferred by delivery with an 3 assignment duly executed by the Holder or his, her or its legal representatives, and the Issuer and 4 Bond Registraz may treat the Holder as the person exclusively entitled to exercise all the rights 5 and powers of an owner until this Bond is presented with such assignment for registration of 6 transfer, accompanied by assurance of the nature provided by law that the assignment is genuine 7 and effective, and until such transfer is registered on said books and noted hereon by the Bond 8 Registrar, all subject to the terms and conditions provided in the Resolufion and to reasonable 9 regularions of the Issuer contained in any agreement with, or notice to, the Bond Registraz. 10 Transfer of this Bond may, at the direction and expense of the Issuer, be subject to certain other 11 restactions if required to qualify tlus Bond as being "in registered form" wittwi the meaning of 12 Section 149(a) of the federal Internal Revenue Code of 1986, as amended. 13 Fees upon Transfer or Loss. The Bond Regisirar may require payment of a sum 14 sufficient to cover any talc or other govemmental chazge payable in connection with the transfer 15 or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. 16 Treatment of Re�istered Owner. The Issuer and Bond Registrar may treat the 17 person in whose name this Bond is registered as the owner hereof far the purpose of receiving 18 payment as herein provided (except as otherwise provided with respect to the Record Date) and 19 for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the 20 Bond Registrar shall be affected by norice to the contrary. 21 Authentication. This Bond shall not be valid or become obligatory for any 22 purpose or be entitled to any security unless the Certificate of Authentication hereon sha11 have 23 been executed by the Bond Registraz. 24 Not Qualified Taac-Exemut Obli at¢ ions. The Bonds ha�e not been designated by 25 the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the federal 26 Internal Revenue Code of 1986, as amended. The Bonds do not qualify for such designation. 27 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things 28 required by the Constitufion and laws of the State of Minnesota and the Charter of the Issuer to 29 be done, to happen and to be perforxned, precedent to and in the issuance of this Bond, have been 30 done, have happened and have been performed, in regulaz and due form, tune and manner as 31 required by law, and that this Bond, together with a11 other debts of the Issuer outstanding on the 32 date of original issue hereof and on the date of its issuance and delivery to the original purchaser, 33 does not exceed any constitutional or statutory or Charter limitation of indebtedness. 34 IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by 35 its City Council has caused tlus Bond to be executed on its behalf by the photocopied facsimile 36 signature of its Mayor, attested by the photocopied facsimile signature of its Clerk, and 37 countersigned by the photocopied facs'vnile signature of its Director, Office of Financial 38 Services, the official seal having been omitted as pernutted by law. 1499959v2 1 1 0'3 -� 05 1 Date of Registration_ 2 3 4 5 BOND REGISTRAR'S 6 CERTIFICATE OF 7 AUTHENTICATION 8 This Bond is one of the 9 Bonds described in the 10 Resolution mentioned 11 within. 12 13 14 15 16 Bond Registrar 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 $y Authorized Signature Registrable by: Payable at: CTTY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services General Obligation Capital Improvement Bond, Series 2003A, No. R-_ 1499959d1 12 � 01-105 CERTIFICATE OF REGISTRATION 2 3 The transfer of ownership of the principal amount of the attached Bond may be made only by the 4 registered owner or his, her or its legal representative last noted below. DATE OF SIGNATURE OF REGISTRATION REGISTERED OWNER BOND REGISTRAR 1499959v2 13 03 -aAs REGIST`ER OF PAR'ITAL PAYMENTS 3 The principal amount of the attached Bond has been prepaid on the dates and in the amounts 4 noted below: Date Amount Bondholder Bond Re ��strar If a notation is made on this register, such notarion has the effect stated in the attached Bond. Partiai payments do not require the presentation of the attached Bond to the Bond Registrar, and a Holder could fail to note the partial payment here. 1499959v2 14 03 -�-05 1 2 3 4 S 6 7 8 9 10 11 12 13 ABBREVIATIONS The following abbreviarions, 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: TBN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the 1499959v2 (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 15 a� -a� ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the attached 4 Bond and does hereby irrevocably consritute and appoint 5 attomey to transfer the Bond on the books kept for the 6 registration thereof, with full power of substitution in the premises. 7 Dated: 8 Notice: The assignor's signature to this assignment must 9 correspond with the name as it appears upon the face of 10 the attached Bond in every particular, without alteration 11 or any change whatever. 12 Signature Guaranteed: 13 14 Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm 15 hauing a membership in one of the major stock exchanges or any other "Eligible Guazantor 16 Insfitution" as defined in 17 CFR 240.17Ad-15(a)(2). 17 The Bond Registrar will not effect transfer of this Bond unless the information 18 concerning the transferee requested below is provided. 19 Name and Address: 20 21 22 23 (Include information for all joint owners if the Bond is held by joint account.) 1499959v2 1f 03 -� 2 B. Reolacement Bonds. If the City has norified Holders that Replacement Bonds 3 have been mad available as provided in pazagraph 6, then for every Bond thereafter transferred 4 or exchanged (including an exchange to reflect the partial prepayment of a Global Certificate not 5 previously exchanged for Replacement Bonds) the Bond Registrar shall deliver a certificate in 6 the form of the Replacement Bond rather than the Global Certificate, but the Holder of a Global 7 Certificate shall not otherwise be required to exchauge the Global Certificate for one or more 8 Replacement Bonds since the City recognizes that some beneficial owners may prefer the 9 convenience of the Depository's registered ownership of the Bonds even though the entire issue 10 is no longer required to be in global book-entry form. The Replacement Bonds, together with the 11 Bond Registraz's Certificate of Authentication, the form of Assignment and the registration 12 informarion thereon, shall be in substantially the following form, with pazagraphs identical to the 13 form of Global Certificate stated by heading or initial text only: 1499959dL 17 01 -a-o5 UNiTED STATES OF AMERICA 2 STATE OF MIIdNESOTA 3 RAMSEY COUNTY 4 CTTY OF SAINT PAUL � 6 7 L� L[1] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 30 31 32 33 34 35 GENERAL OBLIGATION CAPTTAL IMPROVEMENT BOND, SERIES 2003A INTEREST MATURITY RATB DATE REGISTERED OWNER: • �► 1' :_ • DOLLARS $ CUSIP 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 hereina8er set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on March 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 suxn 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 successar paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendaz month preceding such Interest Payment Date (the "Regular Recard 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 a�ailabie for payment of the defaulted interest. Norice 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 ORIGINAL ISSLTE Mazch 1, 2003 1499959v2 j 8 63 -}� 1 REFERENCE IS HEEREBY MADE TO THE FURTE�ER PROVISIONS OF 2 THIS BOND SET FORTH ON Tf� REVERSE HEREOF, WHICH PROVISIONS SHALL 3 FOR ALL PLTRPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 0 IT IS HEREBY CERTIFIED AND RECITED.... 5 IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by 6 its City Council has caused this Bond to be executed on its behalf by the original or facsimile 7 signature of its Mayor, attested by the original or facsimile signature of its Clerk, and 8 countersigned by the original or facsimile signature of its Director, Office of Financial Services, 9 the official seal having been omitted as permitted by law. 10 Date of Registration: 11 12 13 14 BOND REGISTRAR'S 15 CERTIFICATE OF 16 AUTHENTICATION 17 This Bond is one of the 18 Bonds described in the 19 Resolution mentioned 20 within. 21 22 23 24 25 Bond Registraz 26 27 28 29 30 Authorized Signature 1499959v2 Registrable by: Payable at: CTTY OF SAINT PAiJL, RAMSEY COUNTY, MINNESOTA Mayor Attest: City Cierk Countersigned: Director, Office of Financial Services 19 ��-u�s ON REVERSE OF BOND 2 Date of Pavment Not Business Dav. 3 Redemption. All Bonds of this issue (the "Bonds") maturing after Mazch 1, 2011, 4 aze subject to redemption and prepayment at the oprion of the Issuer on such date and on any day 5 thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the 6 Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be 7 prepaid in such order of maturity and in such amount per mariuity as the City shall determine; 8 and if only part of the Bonds having a common maturity date are called for prepayment, the 9 specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions 10 thereof called for redemption shall be due and payable on the redemption date, and interest 11 thereon shall cease to accrue from and after the redemption date. 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Notice of Redemntion. Selecrion of Bonds for Redemnrion. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount o£ 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 shall 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 ar his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principai amount equal to and in exchange far the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli ag tion. Denominations; Exchange: 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 denominations in equal aggregate principal amounts at the principal office of the Bond Registraz, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. 38 Transfer. This Bond is transferable by the Holder in person or by his, her or its 39 attorney duly authorized in writing at the principal office of the Bond Registraz upon 40 presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions 1499959d2 20 a� -a-os 1 provided in the Resolution and to reasonable regulations of the Issuer contained in any 2 agreement with, or notice to, the Bond Registrar. Thereupon the Issuer shall execute and the 3 Bond Registraz shall authenticate and deliver, in exchange for this Bond, one or more new fully 4 registered Bonds in the name of the transferee (but not registered in blank or to "beazer" or 5 similar designation), of an authorized denomination or denominations, in aggregate principai 6 amount equal to the principal amount of this Bond, of the same maturity and bearing interest at 7 the same rate. 8 Fees upon Transfer or Loss. 9 Treahnent of Registered Owner. 10 Authentication 11 Not Qualified Taac-Exemut Obli a�. 12 13 14 ABBREVIATIONS 149995h2 2,1 � �aS IiT.Y.9SeL �[u��1►Y1' 2 For value received, the undersigned hereby sells, assigns and transfers unto 3 the within 4 Bond and does hereby irrevocably constitute and appoint 5 attorney to transfer the Bond on the books kept for the 6 registration thereof, with full power of subsritution in the premises. 7 Dated: 8 Notice: The assignor's signature to this assignment must 9 correspond with the name as it appeazs upon the face of 10 the within Bond in every particular, without alterafion or 11 12 Signature Guaranteed: 13 any change whatever. 14 Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm 15 hauing a memberslup in one of the major stock exchanges or any other "Eligible Guarantor 16 Institution" as defined in 17 CFR 240.17Ad-15(a)(2). 17 The Bond Registrar will not effect transfer of this Bond unless the information 18 conceming the transferee requested below is provided. 19 Name and Address: 20 21 22 23 (Include information for all joint owners if the Bond is held by joint account.) 1499959v2 22 43 -� � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 10. Execurion. 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 be printed or photocopied facsimiles and the corporate seal may be omitted on the Bonds as pernutted by law. In the event of disability or resignation or other absence of any such officer, the Bonds may be signed by the manual or 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. 11. Authentication: Date of Re�istrarion. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authenticarion on different Bonds need not be signed by the same person. 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 authenricated. For purposes of delivering the original Global Certificates to the Purchaser, the Bond Registraz shall insert as the date of registrarion the date of original issue, which date is March 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. 24 12. Re�istration; Transfer; ExchanQe. The City will cause to be kept at the 25 principal office of the Bond Registrar a bond register in which, subject to such reasonable 26 regulations as the Bond Re�strar may prescribe, the Bond Registraz sha11 provide for the 27 registration of Bonds and the registration of transfers of Bonds entitled to be registered or 28 transferred as herein provided. 29 A Global Certificate shall be registered in the name of the payee on the books of 30 the Bond Registrar by presenting the Global Certificate for registration to the Bond Registrar, 31 who will endorse his or her name and note the date of registration opposite the name of the payee 32 in the certificate of registration on the Global Certificate. Thereafter a Global Certificate may be 33 transferred by delivery with an assignment duly executed by the Holder or his, her or its legal 34 representative, and the City and Bond Registraz may treat the Holder as the person exclusively 35 entitled to exercise all the rigtits and powers of an owner until a Global Certificate is presented 36 with such assignment for registration of transfer, accompanied by assurance of the nature 37 provided by law that the assignment is genuine and effective, and until such transfer is registered 38 on said books and noted thereon by the Bond Registrar, all subject to the terms and condirions 39 provided in this resolurion and to reasonable regulations of the City contained in any agreement 40 with, or notice to, the Bond Registrar. 41 Transfer of a Global Certificate may, at the direction and expense of the City, be 42 subject to other restrictions if required to qualify the Global Certificates as being "in registered 1499959v2 23 6 � -aos 1 form" within the meaning of Section 149(a) of the federal Internal Revenue Code of 1986, as 2 amended. 3 If a Global Certificate is to be exchanged for one or more Replacement Bonds, all 4 of the principal amount of the Global Certificate shali be so exchanged. 5 Upon surrender for transfer of any Replacement Bond at the principal office of 6 the Bond Registrar, the City shall execute (if necessary), and the Bond Registraz shall 7 authenticate, insert the date of registration (as provided in pazagraph 11) of, and deliver, in the 8 name of the designated transferee or transferees, one or more new Replacement Bonds of any 9 authorized denomination or denominations of a like aggregate principal amount, having the same 10 stated mahuity and interest rate, as requested by the transferor; provided, however, that no bond 11 may be registered in blank or in the name of "bearer" or sunilaz designation. 12 At the option of the Holder of a Replacement Bond, Replacement Bonds may be 13 exchanged for Replacement Bonds of any authorized denomination or denominations of a like 14 aggregate principal amount and stated maturity, upon surrender of the Replacement Bonds to be 15 exchanged at the principal office of the Bond Registrar. Whenever any Replacement Bonds are 16 so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall 17 authenticate, insert the date of registrafion of, and deliver the Replacement Bonds which the 18 Holder making the exchange is entitled to receive. Global Certificates may not be exchanged for 19 Global Certificates of smaller denominations. 20 All Bonds surrendered upon any exchange or transfer provided for in this 21 resolurion shall be promptly cancelled by the Bond Registraz and thereafter disposed of as 22 directed by the City. 23 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid 24 general obligations of the City evidencing the same debt, and entitled to the same benefits under 25 this resolution, as the Bonds surrendered for such exchange or transfer. 26 Every Bond presented or surrendered far transfer or exchange shall be duly 27 endorsed ar be accompanied by a written insYnunent of transfer, in form sarisfactory to the Bond 28 Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in 29 writing. 30 The Bond Registrar may require payment of a sum sufficient to cover any tax or 31 other govemmental charge payable in connection with the transfer or exchange of any Bond and 32 any legal or unusual costs regarding transfers and lost Bonds. 33 Transfers shall also be subject to reasonable regulations of the City contained in 34 any agreement with, or notice to, the Bond Registrar, including regulations which permit the 35 Bond Registrar to close its transfer books between record dates and payxnent dates. 36 13. Riehts Upon Transfer or Exchan�e. Each Bond delivered upon transfer of 37 or in exchauge for or in lieu of any other Bond shall carry all the rights to interest accrued and 38 unpaid, and to accrue, which were camed by such other Bond. 1499959v2 '1,Q 63-� 2 !� 9 10 11 12 13 14 15 16 17 18 19 20 14. Interest Pavment; Record Date. Interest on any Global 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 appearing thereon at the close of business on the fifteenth (i5th) day of the calendar month preceding such Interest Payment Date (the "Regulaz 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 Regulaz Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registraz whenever money becomes auailable for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registraz to the Holders not less than ten (10) days prior to the Special Record Date. 15. Holders• Treahnent of Ret�astered Owner; Consent of Holders. A. For the purposes of all acrions, 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 Aolder of a Bond the beneficial owner of the Bond instead of the person in whose name the Bond is registered. Far that purpose, the City may ascertain the identity of the beneficial owner of the Bond by such means as the Bond 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. 21 B. The City and Bond Registrar may treat the person in whose name any Bond is 22 registered as the owner of such Bond for the purpose of receiving payment of principal of and 23 premium, if any, and interest (subject to the payment provisions in paragraph 14 above) on, such 24 Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and 25 neither the City nor the Bond Registrar shall be affected by notice to the contrary. 26 27 28 29 30 31 32 33 C. Any consent, request, direction, approval, objection or other instrument to be signed and executed by the Holders may be in any number of concurrent writings of similar tenor and must be signed or executed by such Holders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instruxnent or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this resolution, and shall be conclusive in favar of the City with regazd to any action taken by it under such request or other instrument, namely: 34 (1) The fact and date of the execution by any person of any such writing may 35 be proved by the certificate of any officer in any jurisdiction who by law has power to 36 take acknowledgments within such jurisdiction that the person signing such writing 37 aclrnowledged before him or her the execu6on thereof, or by an affidavit of any witness 38 to such execution. 39 (2) Subject to the provisions of subpazagraph (A) above, the fact of the 40 ownership by any person of Bonds and the amounts and numbers of such Bonds, and the 41 date of the holding of the same, may be proved by reference to the bond register. 1499959v2 25 03 -�'eS 1 16. Deliverv: Anplication of Proceeds. The Global Certificates when so 2 prepared and executed shali be delivered by the Director, Office of Financial Services, to the 3 Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the 4 proper application thereof. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 17. Fund and Account. There are hereby created (i) a special account to be designated the "Capital Improvement Bonds of 2003A Account" (the "Capitai Account"), and (2) a special account to be designated the "Refunding AccounY', each to be administered and maintained 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 Debt Service Fund (numbered 960, herein the "Fund"). The Fund, Capital Account and Refunding Account shall each be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. (i) CaUital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less $3,176,775 deposited in the Refunding Account, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $22,079,355. From the Capital Account there shall be paid all costs and expenses of maldng the Improvements, including the cost of any conshuction contracts heretofore let and all other costs incurred and to be inctured of the ldnd authorized in Minnesota Statutes, Section 475.65 (including interest on the Bonds payable during the construction period); and the moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taaces levied herein; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Capital Account, the balance may be transferred by the Council to the fund of any other unprovement instituted pursuant to Laws of Minnesota far 1971, Chapter 773, as amended, or used far any other purpose pernutted by law, or transferred to the Fund. Ail earnings on the Capital Account shall be transferred to the Fund, or may remain in the Capital Account. 31 (ii) Refunding Account. $3,176,775 of the proceeds of the sale of the 32 Bonds shall be deposited in the Refunding Account and used in paying the 33 principal of the Refunded Bonds and the interest thereon upon their redemprion 34 on May 1, 2003. The moneys in the Refunding Account shall be used solely for 35 the purposes herein set forth and for no other purpose. Any excess in the 36 Refunding Account a8er the payment of the Refunded Bonds and the costs of 37 issuing the Bonds shall be deposited in the Fund. 38 (iii) Fund. There is hereby pledged and there shall be credited to the 39 Fund, to a special sinking fund account which is hereby created and established 40 therein for the payment of the Bonds: (a) all accrued interest received upon 41 delivery of the Bonds; (b) all funds paid for the Bonds in excess of $22,079,355; 42 (c) any collections of all taxes which are herein levied for the payment of the 43 Bonds and interest thereon as provided in paragraph 18; (d) all funds remaining in 1499959v2 2C 03 -�5 1 the Capital Account after completion of the Improvements and payment of the 2 costs thereof, not so transferred to the account of another improvement or used for 3 any other purpose pemvtted by law; (e) all funds remaining in the Refunding 4 Account after completion of the Refunding and payment of the costs thereof; (fl 5 amounts remaining on May 2, 2003, in the debt service account established for 6 the Refunded Bonds, and all receipts after May 2, 2003, of taxes levied for the 7 payment of the Refunded Bonds; (g) ali inveshnent earnings on moneys held in 8 said special account in the Fund; and (h) any and all other moneys which aze 9 properly available and aze appropriated by the goveming body of the City to said 10 special account in the Fund. 11 Said special account created in the Fund shall be used solely to pay the principal and 12 interest and any premiums for redemption of the Bonds and any other bonds of the City 13 heretofore or hereafter issued by the City and made payable from said special account in the 14 Pund as provided by law, or to pay any rebate due to the United States. No portion of the 15 proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding inveshnents 16 or to replace funds which were used directly or indirectly to acquire higher yielding inveshnents, 17 except (1) for a reasonable temporary period until such proceeds are needed for the purpose for 18 which the Bonds were issued, and (2) in addition to the above in an amount not greater than 19 $100,000. To this effect, any proceeds of the Bonds and any suxns from time to time held in the 20 Capital Account, Refunding Account or said special account in the Fund (or any other City 21 account which will be used to pay principal or interest to become due on the bonds payable 22 therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may 23 be invested without regard as to yield shall not be invested at a yield in excess of the applicable 24 yield restrictions imposed by said aa'bitrage regulations on such inveshnents after taking into 25 account any applicable "temporary periods" or "minor portion" made available under the federal 26 arbitrage regulations. Tn addition, the proceeds of the Bonds and money in the Capital Account, 27 Refunding Account or Fund shall not be invested in obligations or deposits issued by, guaranteed 28 by or insured by the United States or any agency or instruxnentality thereof if and to the extent 29 that such inveshnent would cause the Bonds to be "federally guaranteed" witlun the meaning of 30 Section 144(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 31 18. Tax Levy; Coveraee Test. To provide moneys for payment of the 32 principal and interest on the Bonds there is hereby levied upon all of the taacable property in the 33 City a direct annual ad valorem tax which shall be spread upon the taac rolls and collected with 34 and as part of other general property tases in the City for the years and in the amounts as 35 follows: 1499959v2 2'] Year of TaY Year of Taac Lev,�% Collecrion Amount 2002* 2003 2004 2005 2006 2007 2008 2009 2010 2011 2003- 2004 2005 2006 2007 2008 2009 2010 2011 2012 �4,143,976* 4,147,756 2,380,816 2,369,791 2,384,491 2,369,004 2,351,679 2,343,016 2,347,899 2,344,775 � heretofore levied or provided from other available City funds 4 The tas levies are such that if collected in full they, together with estimated 5 collections of any other revenues herein pledged for the payment of the Bonds, will produce at 6 least five percent (5%) in excess of the amount needed to meet when due the principal and 7 interest payments on the Bonds. The taY levies shall be irrepealable so long as any of the Bonds 8 are outstanding and unpaid, provided that the City reserves the right and power to reduce the 9 levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, 10 Subdivision 3. 11 19. General Obligation Pled¢e. For the prompt and full payment of the 12 principal and interest on the Bonds, as the same respectively become due, the full faith, credit 13 and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the 14 Fund (as defined in paragraph 17 hereo fl is ever insufficient to pay all principal and interest then 15 due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds 16 of the City which are available for such purpose, including the general fund of the City, and such 17 other funds may be reimbursed with or without interest from the Fund when a sufficient balance 18 is available therein. 19 20. Refunded Bonds; Securitv. Until retirement of the Refunded Bonds, all 20 provisions heretofore made for the security thereof shall be observed by the City and all of its 21 officers and agents. 22 21. Redem�tion of Refunded Bonds. The Refunded Bonds shall be redeemed 23 and prepaid on May 1, 2003, all in accordance with the terms and conditions set forth in the 24 Notice of Call for Redemption attached hereto as E�ibit B, which terms and conditions are 25 hereby approved and incorporated herein by reference. A Notice of Call for Redemption in 26 substantially such form shall be given to the Bond Registrar for the Refunded Bonds, who shall 27 mail notice of redemption of the Refunded Bonds not less than thirty (30) days prior to the 28 redemption date. I499959v2 28 o� -aoS 1 22. Certificate of Reeistrarion. The Director, Office of Financial Services, is 2 hereby directed to file a certified copy of this resolution with the officer of Ramsey County, 3 Minnesota, perfomiiug the functions of the county auditor (the "County Auditor"), together with 4 such other information as the County Auditor sha11 require, and to obtain the County Auditor's 5 certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the 6 tax levy required by law has been made. 7 23. Records and Certificates. The officers of the City are hereby authorized 8 and directed to prepare and fiunish to the Purchaser, and to the attorneys approving the legality 9 of the issuance of the Bonds, certified copies of all proceedings and records of the City relating 10 to the Bonds and to the financial condition and affairs of the City, and such other affidavits, 11 certificates and information as aze required to show the facts relating to the legality and 12 mazketability of the Bonds as the same appeaz from the books and records under their custody 13 and control or as otherwise laiown to them, and all such certified copies, certificates and 14 affidauits, including any heretofore fiunished, shall be deemed representations of the City as to 15 the facts recited therein. 16 24. Ne�ative Covenants as to Use of Proceeds and Imurovements. The City 17 hereby covenants not to use the proceeds of the Bonds or to use the Improvements or the 18 nnprovements financed by the Refunded Bonds (the "1995 Improvements"), or to cause or 19 permit them to be used, or to enter into any defened payment arrangements for the cost of the 20 Improvements or 1995 Improvements, in such a manner as to cause the Bonds to be "private 21 activity bonds" within the meaning of Secrions 103 and 141 through 150 of the Code. The City 22 reasonably expects that no actions will be taken over the term of the Bonds that would cause 23 them to be private activity bonds, and the auerage term of the Bonds is not longer than 24 reasonably necessary for the govermnental purpose of the issue. The City hereby covenants not 25 to use the proceeds of the Bonds in such a manner as to cause the Bonds to be "hedge bonds" 26 within the meaning of Section 149(g) of the Code. 27 25. Tax-Exemvt 5tatus of the Bonds; Rebate; Elections. The City shall 28 comply with requirements necessary under the Code to establish and maintain the exclusion from 29 gross income under Section 103 of the Code of the interest on the Bonds, including without 30 limitation requirements relating to temporary periods for inveshnents, limitations on amounts 31 invested at a yield greater than the yield on the Bonds, and the rebate of excess investment 32 eamings to the United States. 33 The City expects that the two-year expenditure exception to the rebate 34 requirements may apply to the conshuction proceeds of the Bonds. 35 If any elections are available now or hereafter with respect to arbitrage or rebate 36 matters relating to the Bonds, the Mayor, Clerk, Treasurer and D'uector, Office of Financial 37 Services, ar any of them, are hereby authorized and directed to make such elections as they deem 38 necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, 39 and shall be deemed and treated as, elecrions of the City. 40 26. No Desienarion of Qualified Tas-Exempt Obli¢ations. The Bonds, 41 together with other obligations issued by the City in 2003, exceed in amount those wluch may be ia999s�z 29 � � -'`°S 1 qualified as"qualified taac-exempt obligations" within the meaning of Section 265(b)(3) of the 2 Code, and hence aze not designated for such purpose. 3 27. Letter of Representations. The I,etter of Representations for the Bonds is 4 hereby confiimed to be the Blanket Issuer Letter of Representations dated April 10, 1996, by the 5 City and received and accepted by The Depository Trust Company. So long as The Depository 6 Trust Company is the Depository or it or its nominee is the Holder of any Global Certificate, the 7 City shall comply with the provisions of the Letter of Representations, as it may be amended or 8 supplemented by the City from time to time with the agreement or consent of The Depository 9 Trust Company. 10 28. Ne�otiated Sale. The City has retained Springsted Incorporated as an 11 independent financial advisor, and the City has heretofore determined, and hereby determines, to 12 sell the Bonds by private negotiation, all as provided by Minnesota Statutes, Section 475.60, 13 Subdivision 2(9). 14 29. Continuing Disclosure. The City is an obligated person with respect to the 15 Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), 16 promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the 17 Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaldng (the 18 "Undertaking") hereinafter described, to: 19 A. Provide or cause to be provided to each nationally recognized municipal 20 securities information repository ("NRMSIR") and to the appropriate state information 21 depository ("SID"), if any, for the State of Minnesota, in each case as designated by the 22 Commission in accordance with the Kule, certain annual financial information and 23 operating data in accordance with the Undertaldng. The City reserves the right to modify 24 from time to time the terms of the Undertaking as provided therein. 25 B. Provide or cause to be provided, in a timely manner, to (i) each NRMSTR 26 or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, norice of 27 the occurrence of certain material events with respect to the Bonds in accordance with the 28 Undertaking. 29 C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR 30 or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual 31 financial information with respect to the City described in the Undertaldng. 32 The City agrees that its covenants pursuant to the Rule set forth in this paragraph 33 29 and in the Undertaking are intended to be for the benefit of the Holders of the Bonds and shall 34 be enforceable on behalf of such Holders; provided that the right to enforce the provisions of 35 these covenants sha11 be lunited to a right to obtain specific enforcement of the City's obligarions 36 under the covenants. 37 The Mayor and Director, Office of Financial Services, or any other officers of the 38 City authorized to act in their stead (the "Officers"), are hereby authorized and directed to 39 execute on behalf of the City the Undertaking in substanfially the forxn presented to the City iav99sm�z 30 �`1-�5 1 Council, subject to such modificafions thereof or additions thereto as are (i) consistent with the 2 requirements under the Rule, (ii) required by the Purchaser, and (iii) acceptable to the Officers. 30. Severabilitv. If any section, paragraph or provision of this resolufion shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaiuing provisions of this resolution. 31. HeadinQS. Headings in this resolution are included for convenience of reference only and aze not a part hereof, and shall not limit or define the meaning of any provision hereof. Requested Dep nto£ �'�`�'���a� 'r�rvrtQ- 4 By. /i Form Approved City Attorney ' By: l�1��/t ---=L�� r Adopted by Council: Date �.9�, 2 Ce z a 003 by Council Secretary 1499959d2 31 85 E. SEVENTH PLACE, SUITE 100 SAINT PAllL, MN 55101-2887 651.223.3000 FAX:651.223.3002 E-MAIL: advisors�sprinQs[ed.wm �� $22,235,000 �D3-��� 07� SPRINGSTED Advisors m the Pu6lic Sector City of Saint Paul, Minnesota Genera] Obligation Capital Improvement Bonds, Series 2003A (Book Entry Only) AWARD: UBS PAINEWEBBER INCORPORATED MORGAN STANLEY - MORGAN STANLEY DW INC. SALOMON SMITFI BARNEY CRONIIV & COMPANY, INCORPORATED and Associates fY:\11� February 26,2003 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Net Interest TYue Interest Bidder Rates Price Cost Rate UBS PAINEWEBBER INCORPORATED MORGAN STANLEY - MORGAN STANLEY DW INC. SALOMON SMITH BARNEY CRONIN & COMPANY, INCORPORATED CIBC World Markets Citizens Bank Hutchinson, Shockey, Erley & Company Banc of America Securities LLC Kirlin Securities, Inc. ADVEST, INC. HOWE, BARNES INVESTMENTS, INC First Trust Portfolio 2.00% 2004-2007 3.50% 2008-2012 3.625% 2013 2.00% 2004-2006 2.50% 2007 3.50% 2008-2010 4.00% 2011-2013 2.00 %a 2004-2007 3.50% 2008-2011 3.75 % 2012-2013 $22,446,314.15 $22,699,052.70 $22,494,298.79 $3,442,44835 2.9969% $3,480,747.30 2.9999% $3,468,313.71 3Al24 % (Con[inned) CORPORATEOFFICE: SAINT PAUL, MN • Visit our websire at www.springs[ed.com DES MOINES, IA • MILWAUKEE, WI • MINNEAPOLiS, MN • OVERLAND PARK, KS • VIRGINIA BEACH, VA • WASH[NGTON, DC Interest Net Interest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC RBC DAIN RAUSCHER INC. ABN-AMRO FINANCIAL SERVICES GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. STTFEL, NICOLAUS & CO., INC. CHARLES SCHWAB & COMPANY Axelrod Associates, Inc. Pmdendal Securities, Inc. Stone & Youngberg LLC Hazris Trust & Savings Bank Robert W. Baird & Company, 2.00% 2004-2007 4.00% 2008-2013 2.00% 2004-2006 2.50% 2007 2.75 % 2008 3.00 % 2009 3.25 % 2010 3.75% 2011 4.00% 2012-2013 $22,795,636.16 $3,519,663.84 $22,474,770.55 $3,504,329.45 3.0241 % 3.0409 % Inco rated - ° - - bougTierty an3CompanyZL� ' _. '__ ... . . ... ..... _--.- _- --. - , Isaak Bond Investments, Inc. Northem Trust Securities, Inc. Prager, McCarthy & Sealy, LLC Rate 2.00 % 2.00 % 2.00 % 2.00 % 3.50 % 3.5�% 3.50% 3.50% 3.50% 3.625 % Reoffering Schedule ofthe Purchaser Year 2004 2005 2006 2007 2008 2Q09 2010 2011 2012 2013 Yield 1.068 % 1.30% 1.65% 2.00 % 2.45 % 2.85 % 3.15 % 3.375 % 3.55% 3.66 % BBI: 4.79% Average Maturity: 5.096 Years of Finanaal Services DATE INIIIATED OTl1M03 GREEN SHEET IniGal/Date D � -�S No 114039 In16aUDate :y 266-8837 u oevamwewrou�crae L4I crtrwuwd� _ J CAUNQL AGENOA BY (DA"fE) ASSIGN — � CRYARORNEY �_ CIttCIERK NIIMBER FOR ROIITING ❑ FlNANCNLSERVIGESDIR FlNPNCIALSERV/ACCfG ORDER � MAYOR ❑ TOTAL # OF SIGNATURE PAGES 1_ (CLIP ALL LOCATIONS FOR SIGNATURE) iis resolution accepts the winning proposal and awards the bid for the $22,235,000 G.O. apital Improvement Bonds Series 2003A. This is a competitive bond sale and the award going to the bidder found most advaniageos (lowest cost) to the City. iva i ic�N approve {a� or rte�ect PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION RSONAL SERVICE CONTMCfS MUSTANSWERTHE FOLLOWZNG QUESIIONS: Has this perso�rm ever wwketl untler a corR2c[ for this departmenl? YES NO Has Nis persoNfrtn ever been a city employee? YES NO Dces this pereoNfifm possess a skill not normalry possessetl by any current city employee� YES NO Is this persoNfirm a targeted vendoR YES NO IATING PROBLEM ISSUE, OPPORTUNIN (Who, What, When, Where, Why) bonds are for the purpose of funding Ne bond financing portion of the Capffal Improvement Budget and refundin9 the 2004 and 2005 maturAies of the 79956 Capital Improvement Bontls will be avaAable fOf ihe CIB Butlget antl M protluCe 5avings on the 79958 tlebt Servite in 2004 antl 2005. None IF DISADVANTAGES IF NOT APPROVED needetl iw capilal projects vn71 not be available. Ezz,zas,000 FUNOING SOURCE C0.ST/REVENUE BUDGEfED (CIRCLE ONE) YES ACTIVIN NUMBER NO INFORM4TION (EXPWN) p'� - aoS i � u: : NOTICE OF CALL FOR REDEMPTION 53,150,000 OF THE GENERAL OBLIGATION CAPTTAL IIvIPROVEMENT BONDS, SERIES 1995B CTI'Y OF SAINT PAUL � I• • • i I�I►1•r • _ ._ NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Saint Paul, Ramsey County, Mimiesota, there haue been called for redemprion and prepayment on May 1, 2003, outstanding bonds of the City designated as General Obligation Capital Improvement Bonds, Series 1995B, bearing a date of original issue of Mazch 1, 1995, hauing stated maturity dates in the years set forth below, bearing interest at the rates per annum set forth below for such maturity years, bearing the CUSIl' numbers set forth below for such maturity years and totaling $3,150,000 in principal amount: Maturity Year 2004 2005 Principal Amount Interest Rate CUSIP Number $1,525,000 1,625,000 5.10% 5.10 792880 F27 792880 F35 The entire outstanding amount of the issue maturing after 2003 is being called. The bonds are being called at a price of par plus accrued interest to May 1, 2003, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the office of U.S. Bank National Associarion, in Saint Paul, Minnesota, on or before May l, 2003. Dated BY ORDER OF THE CITY COUNCIL City Clerk Additional information may be obtained from: 2003. 1499959v2 f3_1 6� —aca5 � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1. Acceptance of Pronosal. The proposal of (the "Purchaser") to purchase $22,235,000 General Obligation Capital Improvement Bonds, Series 2003A, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest set forth hereinafter, and to pay for�k"ie Bonds the sum of $ , plus interest accrued to settlement, is hereby foun�Cl, determined and declazed to be the most favorable proposal received and is hereby a�epted, and the Bonds aze hereby awarded to the Purchaser. The D'uector, Office of Financia ervices, or his designee, is directed to retain the deposit of the Purchaser and to forthwith r to the others making proposals their good faith checks or drafts. 2. Title• Ori ' al Issue Date• Denominations• Maturitizs. The Bonds shall be titled "General Obligation Capital Improvement Bonds, Series 2003A",,s all be dated March 1, 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. lobal Certificates shail each be in the denomination of the entire principal amount maturing o�ingle date, or, if a portion of said principal amount is prepaid, said principal amount less t prepayment. Replacement Bonds, if issued as provided in paragraph 6, shall be in the de mination of $5,000 each or in any integral multiple thereof of a single maturity. The Bond shall mature on March 1 in the years and amounts as follows: Year 2004 2005 2006 2007 2008 Amount $3,320,000 3,390,000 1,775,000 1,800,000 1,850,000 Year 2009 2010 2011 2012 2013 Amount $1,900,000 1,950,000 2,010,000 2,085,000 2,155,000 The portion of the Bonds w ch refunds the Refunded Bonds is $3,235,000 and matures in 2004 in the amount of $1,595, 0 and in 2005 in the amount of $1,640,000. 3. P ose• Findin . The Bonds shall provide func3s for (1) the construction of the capital improvements in the Ci 's 2003 capital improvement budget (the "Ixnprovements"), including payme s on a lease relating to the City's central library, and (2) a cunent refunding (the "Refunding" of the Refunded Bonds. The proceeds of the Bonds shall be deposited and used as provided i paragraph 17, for the purpose described by Laws of Minnesota for 1971, Chapter 773, as purpose permitted by law enumerated in Mivnesota of the Bonds. Work on tk hereby found, detennined Section 475.67, and is n�£ i ed, and any excess moneys shall be devoted to any other , total cost of the Improvements, which shall include all costs ites, Section 475.65, is estimated to be at least equal to the amount provements shall proceed with due diligence to completion. It is declared that the Refunding is pursuant to Minnesota Statutes, ry or desirabie for the reduction of debt service cost to the City. 33 4. terest. The Bonds shall bear interest payable semiannually on Mazch 1 34 and September 1 of ach year (each, an"Interest Payment Date"), commencing September 1, 35 2003, calculated o the basis of a 360-day year of twelve 30-day months, at the respective rates 36 per annum set f opposite the maturity years as follows: 1499959v2 6� - l�S Maturitv Year 2004 2005 2006 2007 2008 1 2 5. certificates representing their respective interests in the Except as so provided, during the term of the Bonds, be transfers of beneficial ownership) of interests in the Glc entries made on the records of the Depository and its P� dealers participating in the National System. The Depc ownership interests are authorized to be in increments not smaller increments, despite the larger authorize de Interest Rate % Interest Rate % 3 Upon their original issuance the Bonds will be issued in the form offa single Global Certificate 4 for each maturity, deposited with the Depository or its agent by� Purchaser and 'unmobilized 5 as provided in paragraph 6. No beneficial owners of interests inithe Bonds wiil receive 6 7 8 9 10 11 12 13 14 15 16 17 2009 2010 2011 2012 2013 �xceptas provided in pazagraph 6. ownership (and subsequent tificates will be reflected by book its and other banks, brokers, and book enhies of beneficial 0 of principal of the Bonds, but tions of the Global Certificates. Payment ofprincipal of, premium, if any, and inte st on the Global Certificates will be made to the Bond Registrar as paying agent, and in tiun the Bond Registrar to the Depository or its un nominee as registered owuer of the Global Cert' cates, and the Depository according to the laws and rules governing it will receive and forwaz payments on behalf of the beneficial owners of the Global Certificates. Maturitv Year 18 Payment of principal of, premiu 19 City's discretion be made by such other 20 Holder of a Global Certificate. 21 22 23 24 25 26 27 28 29 30 31 32 any, and interest on a Global Certificate may in the �od of transferring funds as may be requested by the 6. Immobilizatio of Global Certificates b the De osito • Successor Devositorv: Replacement Bonds. P suant to the request of the Purchaser to the Depository, which request is required by the T rms of Proposal, immediately upon the original delivery of the Bonds the Purchaser will dep sit the Global Certificates representing all of the Bonds with the Depository or its agent. Th Global Certificates shall be in typewritten forxn or otherwise as acceptable to the Depository, all be registered in the name of the Depository or its nominee and shall be held imxnobilize from circulation at the offices of the Depository or its agent on behalf of the Purchaser and ubsequent bondowners. The Depository or its nominee will be the sole holder of record of th Global Certificates and no investor or other pariy purchasing, selling or otherwise transferring wnership of interests in any Bond is to receive, hold or deliver any bond certificates so lon as the Depository holds the Global Certificates immobilized from circulation, except as p ovided below in this paragraph and in pazagraph 12. 33 Certificates e dencing the Bonds may not after their original delivery be transfened or 34 exchanged except: 35 (i) ` Upon registration of transfer of ownership of a Global Certificate, as 36 providedin paragraph 12, 1499959v2 G� b 3 -�S i Year of Ta�c I,ev� 2002* 2003 2004 2005 2006 2007 2008 2009 2010 2011 Yeaz of Ta�c Coilection 2003* 2004 2005 2006 2007 2008 2009 2010 2011 2012 2 3 ' heretofore levied or provided from other auailable City �. � $ . 4 The ta�c levies are such that if collected�fi full they, together with estimated 5 collections of any other revenues herein pledged for e payxnent of the Bonds, will produce at 6 least five percent (5%) in excess of the amount nee ed to meet when due the principal and 7 interest payments on the Bonds. The tax levies s all be irrepealable so long as any of the Bonds 8 are outstanding and unpaid, provided that the C' y reserves the right and power to reduce the 9 levies in the manner and to the extent permitt d by Minnesota Statutes, Secfion 475.61, 10 Subdivision 3. 11 19. General Obli atio Pled e. For the prompt and full payment of the 12 principal and interest on the Bonds, as e same respectively become due, the full faith, credit 13 and taxing powers of the City shall b and are hereby irrevocably pledged. If the balance in the 14 Fund (as defined in paragraph 17 h eo fl is ever insufficient to pay all principal and interest then 15 due on the Bonds payable therefr , the deficiency shall be promptly paid out of any other funds 16 of the City which are available r such purpose, including the general fund of the City, and such 17 other funds may be reimburse with or without interest from the Fund when a sufficient balance 18 is auailable therein. 19 20. 20 provisions heretofore 21 officers and agents. 22 23 24 25 26 27 28 21 and prepaid on b Notice of Call fo hereby approve substantially c mail notice f re� redexnption date. 1499959v2 ided Bonds; Securitv. Until retirement of the Refunded Bonds, all for the security thereof shail be observed by the City and all of its ./ Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed [�'3' 1, 2003, all in accordance with the terms and conditions set forth in the !Redemption attached hereto as Exhibit B, which terms and conditions are and incorporated herein by reference. A Notice of Call for Redemption in i form shall be given to the Bond Registrar for the Refunded Bonds, who shall lemption of the Refunded Bonds not less than thirly (30) days prior to the m 8i SEVE\TH PLACE EAST, SUITE 100 s�,.r�.�uL,n2. >sio,-zsa� 651.223.3000 FAX:6iL223.3002 E .�IAIL adcioors V �Prin�>tcd.mm // SPRINGSTED Arlrisors to the Publir Setror 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 Generai Obligation Street improvement Special Assessment B�nds, Series 2003B $10,650,000 Water Revenue Bonds, Series 2003C Dear Mr. Smith, Ms. Maynard and Mr. Hurley: D� -aQ 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 'current' 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 twofoid: first, to fund portions of the City's annual street improvement program. This Street issue is expected to be repaid by speciai assessments on benefiting properties. The purpose of the Water Issue is to fund current capital improvements of the Saint Paui Regional Water Authority. The Water Issue will be repaid by general revenues of the Utility. Tax-Exempt Market Rates The municipal tax-exempt market remains in a historic low range. The national index of these interest rates, the BBi, is at the very low point of 4.79%. CORPORATE OFFlCE: SAIi<T PAUL, MK � Visit our �vebsite at k��v�c.sPringsted.com lOWA � KANSAS - MINNESOTA � VIRGINIA • WASH[SGTON,DC � WISCO\SN City of Saint Paul, Minnesota February 26, 2003 Page 2 Sale Resuits 0`l ��� 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 vatue 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 l'IC % US Bancorp Piper Jaffray 3.6306% UBS PaineWebber tnc. 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°l0 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 �� _ao� We believe the interest rates received by the City today reflect aggressive bidding on each issue. For all three issues the bid results are approximately 3/10ths of 1°/a under our estimates of late January and early February. The objectives underlying each issue were exceeded with interest rates well below the estimates, and interest cost savings on the 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 c�nducted 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 ' ✓ 'P'' u v David N. MacGillivray Chairman sja Enclosure 85 E. SEVENTH PLACE, SUITE 100 SAWT PAUL, MN 55101-2887 651.223.3000 FAX:65I.223.3002 E-MAIL: advisorsGsprinQstcd.com �� D� -2D5 SPRINGSTED Advisort co the Publ3c Sumr $22,235,000 Ci[y oF Saint Paul, Minnesota General Obligation Capital Improvement Bonds, Series 2003A (Book Entry Only) AWARD: UBS PAINEWEBBER INCORPORATED MORGAN STAA'LEY - MORGAN STANLEY DW INC. SALOMON SMITH BARNEY CROMN & COMPANY, INCORPORATED and Associates SALE: February 26, 2003 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interest Net Interest True Interest Bidder Rates Price Cost Rate UBSPAINEWEBBERINCORPORATED MORGAN STANLEY - MORGAN STANLEY DW INC. SALOMON SMITH BARNEY CRONIN & COMPANY, INCORPORATED CIBC World Mazkeu Citizens Bank Hutchinson, Shockey, Erley & Company Banc of America Securities LLC Kirlin Securities, Inc. ADVEST, INC. HOWE, BARNES INVESTMENTS, INC. First Trust Portfolio 2.00% 2004-2007 3.50% 2008-2012 3.625% 2013 2.00% 2004-2006 2.50% 2007 3.50 % 2008-2010 4.00% 2011-2013 2.00% 2004-2007 3.50% 2008-2011 3.75% 2012-2013 $22,446,314.15 $22,699,052.70 $22,494,298.79 $3,442,44835 2.9969% $3,480,74730 2.9999% $3,468,313.71 3.0124% (Continued) CORPOItATE OFFICE: SAINT PAUL, MN • Visit our websire at www springs[ed com DES MOINES, IA • MILWAUKEE. WI • MINNEAPOLIS, MN • OVERLAND PARK, KS • VIRGIMq BgpCH, VA • WASHINGTON, DC Interest Net Interest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES,LLC RBC DAIN RAUSCHER INC. ABN-AMRO FINANCIAL SERVICES GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. STIFEL, NICOLAUS & CO., INC. CHARLES SCHWAB & COMPANY Axelrod Associates, Inc. Prudential Securities, Inc. Stone & Youngberg LLC Hazris Trust & Savings Bank Robert W. Baird & Company, 2.00 %a 2004-2007 4.00% 2008-2013 2.00% 2004-2006 2.50% 2007 2.75%a 2008 3.00% 2009 3.25% 2010 3.75% 2011 4.00% 2012-2013 $22,795,636.16 $3,519,663.84 $22,474,770.55 $3,504,329.45 3.0241 % 3.0409 % Incorporated n h N �,� r' � vr r' - � 3 _ _ -. � __ __ _ Isaak Bond Investments, Inc. Northem Trust Securities, Inc. Prager, McCarthy & Sealy, LLC Reoffering Schedule afthe Purchaser Rate 2.00 % 2.00 % 2.00 % 2.00 � 3.50°k 3.50 % 3.50 °k 3.50% 3.50°k 3.625 % Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Yield 1.068 % 1.30% 1.65 % 2.00 % 2.45 % 2.85 % 3.15% 3375 % 3.55 % 3.66% BBI: 4.79% Average Maturity: 5.096 Years 85 E. SEVENi'H PLACE, SU1TE 100 SAiNT PAUL, Mi� 5510]-2887 6512233000 FAX:651223.3002 E-MAIL: advisors(0)Sprinqsted.com �� Award: Sale: 03 3 �S SPRINGSTED Adrison to tfie Publit Seaor $10,650,000 City of Saint Pauf, Minnesota Water Revenue Bonds, Series 2003C (Book Entry Only) U.S. BANCORP PIPER JAFFRAY INC. and Associates February 26,2003 Moody's Rating: Aa2 Standard & Poor's Rating: AA+ Interest Net Interest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. 2.00% 2003-2007 $IQ529,236.00 $4,983,389.00 3.9494% Wells Fazgo Brokerage Services, LLC 2.50% 2008 Edward D.Jones & Company 2.80% 2009 3.10% 335% 3.50% 3.60% 3.70% 3.80% 3.90% 4.00% 4.125% 4.25% 435% 4.40% MORGAN STANI.EY — MORGAN STANLEY DW INC. SALOMON SMITH BAItNEY UBS PAINEWEBBER INCORPORATED CRONIN & COMPANY, INCORPORATED CI$C WORLD MARKETS HUTCHINSON, SHOCKEY, ERLEY & COMPANY BANC OF AMERICA SECURITIES LLC CITT7ENS BANK 2010 2011 2012 2013 2014 2015 2016 2017-2018 2019 2020 2021 2022 2.00% 2.25% 2.75% 3.00% 3.25% 3.50% 3.75% 4.00% 4.125% 4.25% 430% 4375% 4.50% 2003-2006 2007 2008 2009 2010 2AlI 2012-2013 2014-2017 2018 2019 2020 2021 2022 $10,570,309.00 $5,089,258.19 4.0263% (Continued) CORPORATEOFF/CE: SAiMPAUI�h1N • Visitowwebsiteazwwwspringcred,com pE$ MOINES.IA • MILWAUKEE. N'i • MINNEAPOWS MN . OVERLAND PARK, KS • VIRGINIA HEACH, VA • WASHINGTON, DC Interest NetInterest True Interest Bidder Rates Price Cost Rate RBC DAIN RAUSCHER INC. ABN-AMItO FiNAY3CIAL SERVICES GRIFFIN, KUBIK, STEPHENS & TfIOMPSON, INC. STiFEL, NICOLAUS & CO., INC. CHARi.ES SCHWAB & COMPANY 2.00% 2.50% 2.75% 3.00% 3.25% 3.50% 3.70% 3.80% 3.90% 4.00% 4.125% 4.20% 430% 4.40% 4.50°k 2003-2006 2007 2008 2009 2010 2011-2012 2013 2014 aois 2016 2017 2018 1A19 2020 2021-2022 $10,547,228.50 $5,138,513.69 4.0683%a Reoffering Schedule Of The Purchaser Rate 2.00% 2.00% N/A 2.00% 2.00% 2.50% 2.80% 3.10% 335%a 3.50% 3.60% 3.70% 3.80% 3.90% 4.00% 4.00% 4.125% 4.25% 4.35% 4.40% Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2075 7A16 2017 2018 2019 202Q 2021 2022 Yield 1.00% 1.10% N/A 1.60% 2.05% 2.50% 2.85% 3.15% 3.40% 3.55% 3.65% 3.75% 3.85% 3.95% 4.00%a 4.10% 4.20% 4.30% 4.40% 4.45% BBI: 4.79% Average Maturity. 11.799 Years �7 -a�� 85 E. SEVENTH PLACE, SUITE 100 SAfNT PAUL, MN 55101-?fiR7 65I.223.3000 FAX: 651.223.3002 E-MAIG ad�isors� prinQsYedtom �� $3,340,000 SPRINGSTED Advisors �o �he Pu6/ic Seccor City oF Saint Paul, Minnesota General Obligation Street Improvement Special Assessment Bonds, Series 2003B (Book Entry Only) AWARD: SALE: February 26,2003 Moody's Rating: Aa2 Standard & Poor's Rating: AAA Interes[ ATet Interest True Interest Bidder Rates Price Cost Rate U.S. BANCORP PIPER JAFFRAY INC. WELLS FARGO BROKERAGE SERVICES, LLC UBSPAINEWEBBERINCORPORATED MORGAN STANLEY — MORGAN STANLEY DW INC. SALOMON SMITH BARNEY CRONIN & COMPANY,INCORPORATED CIBC World Mukets 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 % 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 $932,937.50 3.6306 % $3,339,372.95 $941,552.05 3.6336% (Continued) CORPORATE OFFICE: SAINT PAUL, MN • Visit our websice a[ wwwspringsred.com DES MOINES, IA • MILWAUKEE, WI • MINNEAPOLIS, MN • OVERLAND PARK, KS • VIRGINIA BEACH, VA • WASHINGTON, DC Interest Net Interest True Interest Bidder Rates Price Cos[ Ra[e 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. 2J5% 2009 ' STIFEL, NICOLAUS & CO., INC. 3.10% 2010 6t#A.F.I£S SE�I'41'�B & E�J���SP�P�1Y 3.33�-,-��I - - - - - Axelrod Associates, Inc. 3.50 % 2012 Prudential Securities, Inc. 3.625% 2013 Stone & Youngberg LLC 3.75% 2014 Harris Trust & Savings Bank 3.90% 2015 Robert W. Baird & Company, Incorporated Dougherty and Company LLC Isaak Bond Invesunents,Inc. Northem Trust Securities, Inc. Prager, McCarthy & Sealy, LLC Reoffering Schedule ofthe Purchaser Rate 2.00°k 2.00% 2.05 % 2.50% 2.85 % 3.00 °k 3.15% 3.30% 3.45 % 3.60 k 3.625 % 3.75 % Year 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 °!o 3.35% 3.50% 3.60% 3.70 % 3.80% BBI: 4.79% Average Mamrity: 7.695 Yeazs