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08-1083Council File # b� Green Sheet # 3059735 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 38 39 40 41 42 43 44 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� WHEREAS, the City Council (the "City Council") of the City o£ Saint Paul (the "City") approved CF 08-425 that authorized executing a 10 year lease for the Department of Safety and Inspections ("DSI") for the 375 Jackson Street Building (Floors 2 and 3) (the `Building"); and WHEREAS, CF 08-600 directed OFS staff to arrange tax-exempt financing for $1,500,000 for remodeling, moving, office equipment, and cost of issuance relating to the improvements that will be constructed for the benefit of the City in the Building (the "ProjecY'); and 4VHEREAS, the City Debt Manager recommends proceeding to issue a Taxable General Obligarion Public Safety Note (DSI Project), Series 2008 (the "Note"), in an onginal aggregate principal amount of up to $1,500,000, pursuant to the provisions of Minnesota Statutes, Section 475.521, as amended (the "AcY') in order to finance the Project; and WHEREAS, the Act was adopted in 2003 and permits the City to issue general obligation bonds or othec obligations without an election in accordance with a capital unprovement plan adopted under the Act; and WIIERAS, Springsted Incorporated, as financial advisor to the City, has advised the City that the Note would receive an mveshnent grade credit rating if the City applied for such a rating with respect to the Note because the Note is a general obligation of the Ciry and the credit rating of the City for the City's long-term general obligation bonds is currently AAA by Standard & Poor's and Aa2 by Moody's Investoxs Service; and WHEREAS, because the Note would qualify for a high investment grade credit rating the Note qualifies under the provisions of Mimiesota Statutes, Section 118A, to be purchased by the City Treasurer as an inveshnent in the City's Inveshnent Pool with a term of ten years or less; and WHEREAS, the Act requires that the City take certain procedural steps priar to issuance of the Note, including holding a public hearing with respect to an amendment to the City's annual capital improvements plan and the issuance of the Note; and WHEREAS, the City annually adopts a Capital Improvement Budget and Progam (the "Program") in accordance with a local law, being Laws of Minnesota for 1474, Chapter 351, as amended (the "Loca1 Law"); and WHEREAS, the City's Program comprehensively addresses capital improvements and factors relaring thereto over a five year period, but does not necessarily address for each improvement all of the eight factors required by the Act to be considered; and 1 A RESOLUTION AUTHORIZING THE ISSUANCE OF A TAXABLE GENERAL OBLIGATION 2 PUBLIC SAFETY NOTE (DSI PR07ECT) SERIES 2008; FIXING ITS FORM AND 3 SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS 4 PAYMENT bY �(6�� 45 46 47 48 49 50 51 52 53 5A 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 $8 89 90 91 92 93 94 95 VJFIEREAS, as an aspect of its Progam, the City has addressed in a portion thereof entitled "Minnesota Statutes 475.521 Special Purpose Plan" (the "Special Purpose Plan") all the factors required by the Act to be considered for capital improvements, such as the Project, which are financed by bonds or other debt obligarions issued by the City pwsuant to the Act; and 4VAEREAS, after review and recommendarion by the CIB Committee on September 8, 2008 and subject to final approval on October l, 2008 after a public hearing, the City Council of the City proposes to issue the Note and adopt an amendment to its Special Purpose Plan as a capital improvement plan under the Act, which names the Project as a capiial improvement project; and WHEREAS, pursuant to CF 08-985, the City preliminarily authorized the issuance of the Note and an amendment to the Special Purpose Plan with respect to the Project; and WHEREAS, a public hearing on the intention to issue the Note and on the proposed amendment to the Special Purpose Plan was held by this City Council on the date hereof priar to consideration of this resolurion; and WHEREAS, the City staff previously published, in accordance with the Act, the public hearing norice with respect to the intention of the Ciry to issue the Note and adopt the Plan as an amendment to a Special Purpose Plan;and WHEREAS, the Note will be sold to the City Treasurer in arder to reduce costs of issuance. BE IT RESOLVED By the Ciry Council of the City of Saint PauJ, Ramsey County, Minnesota (the "City") as follows: Secrion 1. Backeround and Issuance of the Note. 1.01. 5tatutory Authorization and Requirements of the Act. The Ciry is authorized by the Act to finance certain capital improvements under an approved capital improvement plan by the issuance of general obligation bonds of the City payable from ad valorem taYes. The Ciry annually adopts the Program in accordance with the Local Law. The Act was adopted in 2003 and permits the City to issue general obligarion bonds without an election in accordance with a capital improvement plan adopted under the Act. The City's Program comprehensively addtesses capital improvements and factors relating thereto over a ftve year period, but does not necessarily address for each improvement all of the eight factors required by the Act to be considered. As an aspect of its Program relaring to the Project, the City will address in a portion thereof in an amendment to the Special Purpose Plan in which all the factors required by the Act are considered for the Project. Pursuant to the Act, bcfore issuance of any bonds or other obligarions p�suant to the Act, the City is required to hold a public hearing to obtain public comment on the proposed issuance of such obligarions such as the Note. A nofice of the public hearing must be published at least fourteen (14) days but not more than twenty-eight (28) days priar to the date of the public hearing in the official newspaper of the City or in a newspapex of general circulation in the City. The City held a public hearing for the Note and the amendment to the Special Purpose Plan relating to the Project on the date hereof, after proper notice was given far such hearing. Pissuant to the Act, the City must hold a special election prior to the issuance of the Bonds and seek the approval of the voters of the City if a petition requesring a vote on the issuance is signed by voters equal to five percent (5%) of the votes cast in the last general eleation in the City and such getition is filed with the City Clerk within thirty (30) days from the date hereof. Provided that the City Clerk does not receive any such r i � �'✓•� / v�- 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 I1� 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 12$ 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 petirion within thirty (30) days of the public hearing on the date hereof, the Ciry is not required to hold a special election on the issuance and sale of the Note if the City Clerk has not received any petition with respect to the Note. 1.02. Issuance and Sale of the Note. The issuance, sale and delivery of the Note pursuant to the Act are hereby approved by the City. The purchase of the Note by the City Treasurer is authorized. The City Council waives the City Investment Policy to allow the City Treasurer to purchase the Note. 1.03. Sroecial Purpose Plan Amendment. On the date hereof, the City held a public hearing regarding the amendment to the Special Pwpose Plan relating to the Project and the issuance of the Note, all in accordance with the Act. The amendment to the Special Purpose Plan authorizes issuance of the Note to pay the cost of the Project and the costs of issuance for the Note. 1.04. General Terxns of the Note. The Note is being placed with the City Treasurer. The City Treasurer and the City Debt Manager aze authorized to determine the interest rate of the Note, with an intezest rate of appro�mately 510 to 5.50 percent, depending upon the Yhen current market condihons in November. The term of the Note shall be not more than 10 years from its date of issuance. The Note is subject to opfional redemption on any date. The principal of the Note shall be paid on November 1 of each year, commencing Novembei 1, 2009, as set forth in the Note. The Note shall be dated as of the date of issuance, is authorized to be issued in the origina] aggregate principal amount not to exceed $1,500,000 or such lesser or greater amount as the City Treasurer shall determine to be necessary and appropriate to finance the costs for which the Note is to be issued. The Mayor and the City Clerk are hereby authorized to execute the Note on behalf of the City. 1.Q5. Findin�s Itey.azdin¢ Limitarions Set Forth in the Act. The City Council hereby finds and determines that (i) the expected useful life of the improvements comprising the Project wi11 be at least five (� years, and (n) the maeimum amount o£principal and interest to become due in any year on all the outstanding bonds (including the Note) issued by the City pursuant to the Act will not exceed .16°l0 of the taxable market value of properiy in the City far the taxes payable year in 2008. Section 2. Reeistrarion and Payment. 2.01. Reeistered Form. The Note will be issued only in fully registered form. The interest thereon and, upon surrender of each Note, the principal amount thereof is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. The Note will be dated as of the date of original issue. The interest on the Note is payable on annually on November 1 of each yeaz, commencing November 1, 2009, to the registered owners of record thereaf as of the close of business on the fifteenth (15�`) day of the immediately preceding month, whether or not such day is a business day. 2.03. Reeistration. The City will appoint a bond regisffar, transfer agent, authenricafing agent and paying agent (the "Registraz" and the "Paying AgenY') for the Note. The effect of registrarion and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Reeister. The Registrar must keep at its principal office a bond register in which the Registrar provides for the registrarion of ownership of the Note and the regtstration of transfers and exchanges of the Note entitled to be registered, transferred or exchanged. (b) Transfer of Note. Upon surrender for h ansfer of a Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory �- �b�� 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 1�0 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 to the Registrar, duly executed by the registered owner thereof or by an attomey duly authorized by the registered owner in wriring, the Regi strar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Note of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest paysnent date. (c) Exchange of the Note. When the Note is surrendered by the registered owner for exchange, the Registrar will authenticate and deliver one or more new Notes of a like ag�egate principal amount and maturity as requested by the registered owner or the owner's attomey in writing. (d) Cancellation. Notes surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Note is presented to the Regisirar for transfer, the Registraz may refuse to transfer the Note until the Registrar is satisfied that the endorsement on the Note or sepazate instrument of h�ansfer is valid and genuine and that the requested transfer is ]egally authorized. The Registrar will incur no liability foz the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. ( fl Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Note is registered in the bond register as the absolute owner of the Note, whether the Note is overdue or not, for the purpose of receiving payment of, or on account of, thz principal of and interest on the Note and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to safisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. (g) Taxes, Fees and Char¢es. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Note sufficient to reimburse the Registrar for any ta�c, fee or other governmental charge required to be paid with respect to the iransfer or exchange. (h) Murilated, Lost, Stolen or Destroyed Note. If a Note becomes mutilated or is destroyed, stolen or lost, the Registrar will delaver a new Note of like amount, nusnber, maturiry date and tenor in exchange and substiturion for and upon cancellarion of the mutilated Note or in lieu of and in substiturion for any Note destroyed, stolen or lost, upon the payment of the reasonable expenses and chazges of the Registrar in connection therewith; and, in the case of a Note desfroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Note was destroyed, stolen or lost, and of the ownership thereof, and upon fumishing to the Registrar an appropriate Nate or indemnity in form, substance and amount sahsfactory to it and as provided by law, in wMch both the City and the Registrar must be named as obligees. Notes so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation will be given to the Clty. If the muhlated, destroyed, stolen or Iost Note has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Note prior to payment. (i) Redem to ion. In the event any of the Notes are called for redemprion, notice thereof idenhfying the Note to be redeemed will be given by the Registrar by xnailing a copy of the redemption notice by first class mail (postage prepaid) to the re�stered owner of each Note to be Ledeemed at the address shown on the registration books kept by the Registtar and by publishing the norice if required by law. Failure to give norice by publication or by mail to any Dg' ���' 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Note. Notes so called for redemption will cease to bear interest after the specified redemprion date, provided that the funds for the redemprion are on deposit with the place of payment at that rime. 2.04. Appoinhnent of Initial Re¢istrar. The City appoints the Ciry Treasurer, as the initial Registrar. 2.05. Execution, Authentication and Deliverv. The Note will be prepared under the direcrion of the City Treasurer and City Debt Manager and executed on behalf of the City by the signatures of the Mayor, or his designee, and the City Clerk, provided that all signatures may be printed, engraved, or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signahue appears on the Note ceases to be such officer before the delivery of any Note, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained m office until delivery. Notwithstanding such execurion, a Note will not be valid or obligatory for any purpose or enfitled to any security or benefit under this ResoluUOn unless and until a certificate of authenticarion on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authenricarion on different notes need not be signed by the same representative. The executed certificate of authenrication on a Note is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Note have been so prepared, executed, and authenficated, the Ciry Debt Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the pwchase price. 2.06. Tem�orarv Note. The City may elect to deliver, in lieu of printed definitive Note, one or more typewritten temporary Note in substanrially the form set forth in E�ibit A with such changes as may be necessary to reflect more than one maturity in a single temporary Note. Upon the execution and delivery of definitive Note, the temporary Note will be exchanged therefor and cancelled. Section 3. Forni of the Note 3.01. Prinfing of Note. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part ofthis Resolufion as fully and to the same extent as if incorporated verbarim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substanfially in the foim attached to this Resolution as Exhibit A, which form is hereby approved, with such necessary and appropriate variarions, omissions and insertions (including changes to the aggregate principal amount of each series of the Note, the stated maturities of the Note, the interest rates on the Note, the terms of redemption of the Note, and variation from City policies regarding methods of offering general obligation bonds) as the Ciry Treasurer and the Ciry Debt Manager, in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor, or his designee, and the City Clerk, as authorized pursuant to Secrion 2.05, and the delivery of the Note by the City shall be conclusive evidence of such determinafion. 3.02. Approvina Lesal Opinion. The City Debt Manager is authorized and directed to obtain a copy of the proposed approving lega] opinion of Kennedy & Graven, Chartered, Saint Paul, Minnesota, which shall be complete except as to dating thereof and cause the opinion to accompany each Note. �,�IG�3 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 Secrion 4. Payment; Securitv; Pled¢es and Covenants. 4.01. Note Funds. (a) Debt Service Fund. The Note shall be payable from the taxable Public Safety General Obligarion (DSI Project), Series 2008 Debt Service Fund (the "DSI Note Debt Service Fund"), hereby created, and the proceeds of ad valorem taxes hereinafter levied descrihed in the resolurion authorizing the sale of the Note, aze hereby pledged to the DSI Note Debt Service Fund. If a payment of principal or interest an the Note becomes due when there is not sufficient money in the DSI Note Debt Service Fund to pay the same, the City Debt Manager will pay such principal or interest from the general fund of the Ciry, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this Resolurion, when collected. There is apgropriated to the DSI Note Debt Service Fund capitalized interest, if any, to be financed from Note proceeds, in the amount determined by the City Debt Manager. (b) Proiect Fund. The proceeds of the Note, less the appropriarions made in paragraph (a) above, together with any other funds appropriated for the Project, will be deposited in a sepazate project fund (the "DSI Project Fund") to be used solely to defray expenses of the Project. When the Project is completed and the cost thereof paid, the DSI Project Fund is to be closed and any remaining balance therein transferred to the DSI Note Debt Service Fund. 4.02. Filin¢ of Resolution. The City Debt Manager is authori2ed and directed to file a certified copy of this Resolufion with the Ramsey County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63, as amended. 4.03. Pledqe of Tax Lew. For the purpose of paying the principal of and interest on the Note, there is levied a direct annual irrepealable ad valorem tax (the "Tae") upon all of the taYable properiy in the City, to be spread upon the tac rolls and collected with and as part of other general tases of the City. The Taac will be credited to the DSI Note Debt Service Fund above provided and sha11 be established by officials of the City after the awazd of the Note and determination of the interest rates on the Note. The Tax shall be levied and collected in the years and in the amounts set forth in Exhibit B attached hereto. 4.04. Overlew Requirement. It is detennined that the esrimated collection of the foregoing Tax will produce at least five percent (5%) in excess of the amount needed to meet when due, the principal and interest payments on the Note. The Tax so levied herein will be inepealable until all of the Note are paid, provided that at the rime the City makes its annual tas levies the CiTy Debt Manager may certify to the Ramsey County Auditor the amount available in the DSI Note Debt Service Fund to pay principal and interest due during the ensuing year, and the City will thereupon reduce the levy collectible during such yeaz by the amount so certified. Section 5. Authenticarion of Transcrint. 5.01. Furnishin� of Documents. The officers of the City are authorized and directed to prepaze and fumish to the Purchasex and Kennedy & Graven, Chartered, as bond counsel to the City, certified copies of pxoceedings and records of the City relating to the Note and to the financial condition and affairs of the Ciry, and such other certificates, affidavits and transcripts as may be required to show the facts within their lmowledge or as shown by the books and records in their custody and under their control, relaring to the validity and marketability of the Note, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. Secrion 6. Defeasance. When all Note and all interest thereon have been dischazged as provided in ttris secrion, all pledges, covenants and other rights granted by this Resolurion to the holders of the Note will � / ��� 296 247 298 299 300 301 302 303 304 305 306 307 cease, except that the pledge of the futl faith and credit of the City for the prompt and full payment of the principal of and interest on the Note will remain in full force and effect. The City may discharge the Note on any date by depositing with the Registrar on or before that date a sum sufficient for the payment, including interest eamed thereon, in full of the Note. If any Note should not be paid when due, it may nevertheless be discharged by deposiring with the Regsh a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Yeas Na s Absent Bostrom carrar Hazris Helgen Lantry Stark Thune { Requested by Aepartment oE �('�C� 6 F l�Yl✓r�C�P V� B Approved by Office of Financi Service B ' Ap oved y City me B G�--c�' Adopted by Coimcil: Date \(7— \ Ap� Adoph"og-Gertifie by ci ecretary g / ' By: Approve + oc: Date , �, �/ (� B � � Green Sheet Green Sheet Green 5heet Green Sheet Green Sheet Green Sheet � � � ���� FS F��� �� Contact Person S Phone: Bob Geurs 266-8837 Must Be on Council Agen < ..- Doc. Type: RESOLUTION W!$ TRANSAC E-Document Required: N Document Con4ict: Bob Geurs 22SEP-08 � Assign Number For Routing Order Co�rtactPhone: 2668837 I I Tetal � of Sigrtature Pages _{Clip All Locations for Sigeature) Green Sheet N0:.3059735 Z roanciaf Serrices ffice Financial Services 4 a or's 06ce Ma or/Assisfant 5 onncil Ci Comcil 6 i Clerk Ci Clerk Resolurion authorizing the issuance of TaYable Public Safety General Obligation Notes (Public Safety DSI Project) Series 2008. Ptanning Commission CIB Committee Civil Servtce Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city empioyee? Yes No 3. Does this person/firm possess a skilf not nortnalry possessed by any curtent aty employee? Yes No Exptain all yes answers on separate sh¢et and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On September 10, 2008, Ciry Council, under CF 08-985 preliminarily approved taxable fmancing of $1.5 million for DSI lease at 375 Jackson Street after a public hearing on October 1, 2008. Advantages If Approved: City will have $1.5 million to complete remodeling and moving costs this fall for DSI. DisadvantageslfApproved: Taxable note is a general obligarion of the City Disadvantages If Not Approved: Will not have sufficient funds to complete requirements under the approved lease for ten years. u Hmoun[ or Transaction: $1,500,000.00 Funainy source: Taxable General Obiigalion Financial lnformation: Note (Explain) Activity Number: CosURevenue Budgeted: Y c....s.,....�..,,. on onno � � nn n e n - n.,..... � (JJj' � W� < <;»: _ • FOR'�I OF NOTE 130. R-1 LTNITED STA'I'ES OF AMERICA STATE OF �NESOTA COUNTY OF RAMSEY $ CITY OF SAINT PAUL, MINNESOTA TAXABLE GENERAI.OBLIGATIOlv Pi3BLIC SAFETY NOTE (DSI PROJECT) SERIES 2008 Date of Original Tnterest Rate Maturity Date Issue 1, 2018 November _, 2008 Registered Owner: Saint Paul City Treasurer Principal Amount: DOLLARS City of Saint Paul, Minnesota (the "City") aclmowledges itself to be indebted and for value received hereby ptomises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, on the Maturity Date specified above, with interest thereon from the date hereof at the annual rate specified above, payable annually on November 1 in each year, commencing November 1, 2009, to the person in whose name this Note is registered at the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United 5tates of America by check or draft by the Saint Paul City Treasurer, as Registrar, Paying Agent, Transfer Agent, and Authenticating Agent, or its designated successor under the Resolurion described herein. Far the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby inevocably pledged. This Note is subject to optional redemption by the City on any date. The principal of and interest due on this Note shall be paid on November 1 of each year, commencing November l, 2�09, as set forth in the schedule attached hereto as Schedule A. This Note is one of an issue in the aggregate principal amount of $1,SOO,OQQ all of like oria nal issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolurion adopted by the City Council on October l, 2008 (the "Resolution"), for the putpose of providing money to defra� the expenses mcurted and to be incurred in making certain capital improvements, pursuant to and in full con£ormity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Secrion 475.521, and the principal hereof and interest hereon are payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of ri�ts and powers thereby conferred. The full faith and credit of the City aze inevocably pledged for payment of this Note and the City Council has obligated itself to levy additional ad valorem taxes on all ta�able properry in the City to pay principal and interest on the Note, which taxes may be �/ ���� levied without limitarion as to rate or amount. The Note is issued as a fully registered Note in the denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolurion and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the principal office of the Registraz, by the registered owner hereof in person or by the owner's attomey duly authorized in writing, upon sunender hereof together with a written instrLUnent of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Note of other authorized denominarions. Upon such transfer or exchange the City will cause a new Note or Note to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and mahu on the same date, subject to reimbursement for any tas, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose of receiving payment and for all other pwposes, and neither the City nor the Registrar will be affected by any notice to the contrary. This Note is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolurion until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of ane of its authorized representatives. IT IS HEREBY CERTIFIED, RECTI'ED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitufion and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Note in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Note does not cause the indebtedness of the City to exceed any canstitutional or statutory limitation of indebtedness. (The zemainder o£this page is intentionally left blank.) A-2 b��l�� IN WITNESS WHEREOF, Ciry of Saint Paul, Minnesota, by its City Council, has caused this Note to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Note to be dated as of the date set forth below. Dated: November � 2008 CITY OF SAINT PAUL, MINNESOTA (facsnnile) Mayor (facsimile] C�ty Clerk (The remainder o£ this page is intenhonally left blank.) C•.�t3 �' � 6 �� CERTIFICATE OF AUTHENTICATION Tlus is one of the Notes delivered pursuant to the Resolution mentioned within. THE CITY OF SAINT PAi3L, vIINNESOTA By Authorized Representative ABBREVIATIONS The following abbreviarions, when used in the inscription on the face of this Note, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties i INIF GIFT MIN ACT Custodlan (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act, State of TT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. (The remainder of this page is intentionally left blank.) � � ��1(i�� ASSIGI�TMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Note and all rights thereunder, and does hereby irrevocably consritute and appoint attorney to transfer the said Note on the books kept for registration of the within Note, with full power of substiturion in the premises. Dated: Notice: Signature Guaranteed: The assignor's signature to this assignment must correspond with the name as it appeazs upon the face of the within Note in every particular, without alteration or any change whatever. NOTICE: Signature(s) must be guaranteed by a financial insritution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signahxre guazantee program" as may be deternuned by the Registrar in addirion to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect iransfer of this Note unless the information conceming the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Note is held by joint accoimt.) Please insert social security or other identifying number of assignee (The remainder of this page is intenrionally left blank.) A-5 PROVISIONS AS TO REGISTR ATION "`� �� The ownership of the principal of and interest on the within Note has been registered on the books of the Registrar in the name of the person last noted below. Date of Regish Registered Owner Signature of Officer of the Registrar November _, 2008 CiTy of Saint Paul Saint Paul, Minnesota EIN: 41-6005521 (The remainder of this page is intenrionally left blank.) [�] �� � �� SCHEDTJLE A NOTE PAYMENT SCHEDULE Payment Date November 1 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Payment Amount !�l E�IT B '^'/ � V b � $1,500,000 City of Saint Paul, Minnesota Taxable General Obligafion Public Safety Note (DSI Project) Series 2008 TAX LEVY Levy Year Collection Year Amount [TO BE COMPLETED BY CITY FINANCIAL STAFF] � � k W O w d �'. R CL z O z T F R � ti QI �/� 1"1 N � 'b � �' W � :� u�. � �� �. � � E E 0 U � � w .. � A .� � � U a � o 0 0 0 0 0 0 0 0 0�n � ° N O�+ � v � � o� o c�n � T h 7 M O� �O O� a0 l� O GO N � � � . N .�-� . . . �D •�+ � p� a 7 O� �_ . � i3 ...0� O'..-���N M 7'YY �O'h - _ � " " O .+' . 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