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08-135AMENDED RESOLUTION Council File # (/O ��%`�J Green Sheet # 3049617 CITY OF SAINT PAUL, MINNESOTA a.p Presented Sy Referred To Committee: ACCEPTING PROPOSAL ON SALE OF APPROXIMATELY 2 $6,330,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT 3 BONDS, SERIES 2008A, 4 PROVIDING FOR THEIR IS5UANCE, AND LEVYING 5 A TAX FOR THE PAYMENT THEREOF 6 WHEREAS, the Director, Office of Financial Services, has presented proposals 7 received for the sale of approximately $6,330,000 General Obligation Capital Improvement 8 Bonds, Series 2008A (the "Bonds"), of the City of Saint Paul, Minnesota (the "City"); and 9 WHEREAS, the proposals set forth on Exhibit A attached hereto were received 10 pursuant to the Terms of Proposal at the offices of Springsted Incorporated at 10:00 A.M., 11 Central Time, this same day; and 12 WHEREAS, the Director, Office of Financial Services, has advised this Council 13 that the proposal of ��C C0.i� �. %A � �C�R ��' was found to be the most advantageous 14 and has recommended that said proposal be accepted; and 15 WHEREAS, the proceeds of the Bonds will finance certain capital improvements, 16 for which the City is proceeding pursuant to its Charter and Laws of Minnesota for 1971, 17 Chapter 773, as amended, with any excess to be used for any other purpose permitted by law; 18 and 19 WHEREAS, the City has heretofore issued registered obligations in certificated 20 form, and incurs substantial costs associated with their printing and issuance, and substantial 21 continuing transacYion costs relating to their payment, transfer and exchange; and 22 WHEREAS, the City has determined that significant sauings in transaction costs 23 will result from issuing bonds in "global book-entry form", by which bonds are issued in 24 certificated form in large denominations, registered on the books of the City in the name of a 25 depository or its nominee, and held in safekeeping and immobilized by such depository, and such 26 depository as part of the computerized national securiries clearance and settlement system (the 27 'National System") registers transfers of ownership interests in the bonds by making 28 computerized book enhies on its own books and distributes payments on the bonds to its 29 Participants shown on its books as the owners of such interests; and such Participants and other 30 banks, brokers and dealers participating in the National System will do likewise (not as agents of 31 the City) if not the beneficial owners of the bonds; and ziz�ssa�z i d� -/�� 1 WHEREAS, "Participants" means those financial institutions for whom the 2 Depository effects book-entry transfers and pledges of securities deposited and immobilized with 3 the Depository; and 4 WHEREAS, The Depository Trust Company, a limited purpose trust company 5 organized under the laws of the State of New York, or any of its successors or successors to its 6 functions hereunder (the "Depository"), will act as such depository with respect to the Bonds 7 except as seY forth below, and the City has hereTofore delivered a letter of representations (the 8 "Letter of Representarions") setting forth various matters relating to the Depository and its role 9 with respect to the Bonds; and 10 WHEREAS, the City will deliver the Bonds in the form of one certificate per 11 maturity, each representing the entire principal amount of the Bonds due on a particular maturity 12 date (each a"Global Certificate"), which single certificate per maturity may be transferred on the 13 City's bond register as required by the Uniform Commercial Code, but not exchanged for smaller 14 denominations unless the City determines to issue Replacement Bonds as provided below; and 15 WHEREAS, the City will be able to replace the Depository or under certain 16 circumstances to abandon the "global book-entry form" by permitting the Global Certificates to 17 be exchanged for smaller denominations typical of ordinary bonds registered on the City's bond 18 register•, and "Replacement Bonds" means the certificaYes representing the Bonds so 19 authenticated and delivered by the Bond Registrar pursuant to paragraphs 6 and 12 hereof; and 20 WHEREAS, "Holder" as used herein means the person in whose name a Bond is 21 registered on the registration books of the City maintained by the registrar appointed as provided 22 in paragraph 8(the "Bond Registrar"); and 23 WHEREAS, Rule 15c2-12 of the Securities and Exchange Commission prohibits 24 "participating underwriters" from purchasing or selling the Bonds unless the City undertakes to 25 provide certain continuing disclosure with respect to the Bonds; and 26 WHEREAS, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), 27 public sale requirements do not apply to the Bonds if the City retains an independent financial 28 advisor and determines to sell the Bonds by private negotiation, and the City has instead 29 authorized a competitive sale without publication of notice thereof as a form of private 30 negotiation; and 31 WHEREAS, proposals for the Bonds have been solicited by Springsted 32 Incorporated pursuant to an Official Statement and Terms of Proposal therein; and 33 WHEREAS, the City retained the right to reduce the principal amount of the 34 Bonds from the proposed $6,330,000, but the City has determined to make no change: 35 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saint 36 Paul, Minnesota, as follows: 37 1. Acceptance of ProposaL The proposal of RBC Capital Markets (the 38 "Purchaser") to purchase $6,330,000 General Obligation Capital Improvement Bonds, ziz�saa�z � ��/ ( ��✓ 1 Series 2008A, of the City (the "Bonds", or individually a"Bond"), in accordance with the Terms 2 of Proposal for the bond sale, at the rates of interest set forth hereinafter, and to pay for the 3 Bonds the sum of �6,316,178.90, plus interest accrued to settlement, is hereby found, determined 4 and declared to be the most favorable proposal received and is hereby accepted for Bonds in the 5 principal amount of $6,330,000 for a purchase price of $6,316,178.9Q plus interest accnxed to 6 settlement, and the Bonds are hereby awarded to the Purchaser. The Director, Office of 7 Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to 8 forthwith retum to the others making proposals their good faith checks or drafts. 9 2. Title; Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be 10 titled "General Obligation Capital Improvement Bonds, Series 2008A", shall be dated March 1, 11 2008, as the date of original issue and shall be issued forthwith on or afrer such date as fully 12 registered bonds. The Bonds shall be numbered from R-1 upwazd. Global Certificates shall each 13 be in the denomination of the entire principal amount maturing on a single date, or, if a portion 14 of said principal amount is prepaid, said principal amount less the prepayment. Replacement 15 Bonds, if issued as provided in paragraph 6, shall be in the denomination of $5,000 each or in 16 any integral multiple thereof of a single maturity. The Bonds shall mature on March 1 and 17 September 1 on the dates and in the amounts as follows: Date LF3 19 20 21 22 23 24 25 26 March 1, 2009 September 1, 2009 March 1, 2010 September 1, 2010 Mazch 1, 2011 September 1, 2011 March 1, 2012 September 1, 2012 Mazch 1, 2013 September 1, 2013 Amount $285,000 290,000 295,000 300,000 305,000 310,000 315,000 320,000 325,000 330,000 Date March 1, 2014 September 1, 2014 March 1, 2015 September 1, 2015 March 1, 2016 September 1, 2016 March 1, 2017 September 1, 2017 March 1, 2018 Amount $335,000 340,000 350,000 355,000 360,000 370,000 375,000 380,000 390,000 The above maturity schedule does not differ from the schedule in the Terms of Proposal. 3. Purpose. The Bonds shall provide funds for the construction of the capital improvements in the City's 2008 capital improvement budget (the "Improvements"). The proceeds of the Bonds shall be deposited and used as provided in paragraph 17, far 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. 27 4. Interest. The Bonds shall bear interest payable semiannually on March 1 28 and September 1 of each year (each, an "Interest Payment Date"), commencing September 1, 29 2008, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates 30 per annum set forth opposite the maturity dates as follows: 2127584v2 �1�����j Maturitv Date � 10 11 12 13 14 15 16 Mazch 1, 2009 September 1, 2009 March 1, 2010 September 1, 2010 March 1, 2011 September 1, 2011 Mazch 1, 2012 September 1, 2012 Mazch 1, 2013 September 1, 2013 Interest Rate 2.00% 2.00 2.10 2.10 235 235 2.50 2.50 3.50 3.50 Maturitv Date March 1, 2014 September 1, 2014 March 1, 2015 September 1, 2015 March 1, 2016 September 1, 2016 March 1, 2017 September 1, 2017 March 1, 2018 Interest Rate 3.00% 3.00 3.00 3.00 3.15 3.15 3.30 330 3.45 5. Descrintion 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 mahuity, 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. 17 Payment of principal of, premium, if any, and interest on a Global Certificate may in the 18 City's discretion be made by such other method of transfemng funds as may be requested by the 19 Holder of a Global Certificate. 20 21 22 23 24 25 26 27 28 29 30 31 6. Immobilization of Global Certificates bv the Depositorv: Successor Depositorv; 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 heid 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 transfemng ownership of interests in any Bond is to receive, hold or deliver any bond certificates so long as the Depository holds the Global Certificates immobilized from circulation, except as provided below in this pazagraph and in paragraph 12. ziz�ssn�z �i�� ��� S 1 Certificates evidencing the Bonds may not after their original delivery be transferred or 2 exchan�ed except: 3 (i) Upon registration of transfer of ownership of a Global Certificate, as 4 provided in paragraph 12, 5 (ii) To any successor of the Depository (or its nominee) or any substitute 6 depository (a "substitute depository") designated pursuant to clause (iii) of this 7 subparagraph, provided that any successor of the Depository or any substitute depository 8 must be both a"clearing coxporation" as defined in the Minnesota Uniform Commercial 9 Code at Minnesota Statutes, Section 336.8-102, and a qualified and registered "clearing 10 agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended, 11 (iii) To a substitute deposiTory designated by and acceptable to the City upon 12 (a) the determination by the Depository that the Bonds shall no longer be eligible for its 13 depository services or (b) a determination by the City that the Depository is no longer 14 able to carry out its functions, provided that any substitute depository must be qualified to 15 act as such, as provided in clause (ii) of this subparagraph, or 16 (iv) To those persons to whom transfer is requested in written transfer 17 instructions in the event that: 18 (a) the Depository shall resign or discontinue its services fox the 19 Bonds and the Ciry is unable to locate a substitute depository within two (2) 20 months following the resignation or determination of non-eligibility, or 21 (b) upon a determination by the City in its sole discretion that (1) the 22 continuation of the book-entry system described herein, which precludes the 23 issuance of certificates (other than Global Certificates) to any Holder other than 24 the Depository (or its nominee), might adversely affect the interest of the 25 beneficial owners of the Bonds, or (2) that it is in the best interest of the beneficial 26 owners of the Bonds that they be able to obtain certificated bonds, 27 in either of which events the City shall notify Holders of its deterxnination and of the 28 availability of certificates (the "Replacement Bonds") to Holders requesting the same and 29 the registration, transfer and exchange of such Bonds will be conducted as provided in 30 paragraphs 9B and 12 hereof. 31 In the event of a succession of the Depositary as may be authorized by this 32 paragraph, the Bond Registrar upon presentation of Global Certificates shall register their 33 transfer to the substitute or successor depository, and the substitute or successor depository shall 34 be treated as the Depository for all purposes and functions under this resolution. The Letter of 35 Representations shall not apply to a substitute or successor depository unless the City and the 36 substitute or successor depository so agree, and a similar agreement may be entered into. ziz�ssa�z �I� Redemption. 2 (a) Optional Redem�tion; Due Date. All Bonds maturin; after March 1, 2016, shall 3 be subject to redemption and prepayment at the option of the City on such date and on any day 4 thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the 5 Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid may be 6 prepaid in such order of maturity and in such amount per maturity as the City shall determine; 7 and if only part of the Bonds having a common maturity date are called for prepayment, the 8 Global Certificates may be prepaid in $5,000 increments of principal and, if applicable, the 9 specific Replacement Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds 10 or portions thereof called for redemption shall be due and payable on the redemption date, and 11 interest thereon shall cease to accrue from and after the redemption date. 12 (b) Notation on Global Certificate. Upon a reduction in the aggregate principal 13 amount of a Global Certificate, the Holder may make a notation of such redemption on the panel 14 provided on the Global Certificate stating the amount so redeemed, or may retum the Global 15 Certificate to the Bond Registrar in exchange for a new Global Certificate authenticated by the 16 Bond Registrar, in proper principal amount. Such notation, if made by the Holder, shall be for 17 reference only, and may not be relied upon by any other person as being in any way 18 determinative of the principal amount of such Global Certificate outstanding, unless the Bond 19 Registrar has signed the appropriate column of the panel. 20 (c) Selection of Replacement Bonds. To effect a partial redemption of Replacement 21 Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption 22 shall assign to each Replacement Bond having a common maturity date a distinctive number for 23 each $5,000 of the principal amount of such Replacement Bond. The Bond Registrar shall then 24 select by lot, using such method of selection as it shall deem proper in its discretion, from the 25 numbers so assigned to such Replacement Bonds, as many numbers as, at $5,000 for each 26 number, shall equal the principal amount of such Replacement Bonds to be redeemed. The 27 Replacement Bonds to be redeemed shall be the Replacement Bonds to which were assigned 28 numbers so selected; provided, however, that only so much of the principal amount of each such 29 Replacement Bond of a denomination of mare than $5,000 shall be redeemed as shall equal 30 $5,000 for each number assigned to it and so selected. 31 (d) Partial Redemntion of Replacement Bonds. If a Replacement Bond is to be 32 redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond 33 Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond 34 Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in 35 writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and 36 deliver to the Holder of such Replacement Bond, without service charge, a new Replacement 37 Bond or Bonds of the same series having the same stated maturity and interest rate and of any 38 authorized denomination or denominations, as requested by such Holder, in aggregate principal 39 amount equal to and in exchange for the unredeemed portion of the principal of the Bond so 40 surrendered. 41 (e) Request for Redem tp ion. The Bond Registrar shall call Bonds for redemption and 42 payment as herein provided upon receipt by the Bond Registrar at least forty-five (45) days prior ztz�ssa�z 6 �-i� 1 to the redemption date of a request of the City, in written form if the Bond Registrar is other than 2 a City officer. Such request shall specify the principal amount of Bonds to be called for 3 redemption and the redemption date. 4 ( fl Notice. Mailed notice of redemption shall be given to the paying agent (if other 5 than a City officer) and to each affected Holder. If and when the City shall call any of the Bonds 6 for redemption and payment prior to the stated maturity thereof, the Bond Registrar shall give 7 written notice in the name of the City of its intention to redeem and pay such Bonds at the office 8 of the Bond Registraz. Notice of redemption shall be b ven by first class mail, postage prepaid, 9 mailed not less than thirty (30) days prior to the redemption date, to each Holder of Bonds to be 10 redeemed, at the address appearing in the Bond Register. All notices of redemption shall state: 11 (i) The redemption date; 12 (ii) The redemption price; 13 (iii) If less Yhan all outstanding Bonds are to be redeemed, the identification 14 (and, in the case of partial redemption, the respective principal amounts) of the Bonds to 15 be redeemed; 16 (iv) That on the redemption date, the redemption price will become due and 17 payable upon each such Bond, and that intexest thereon shall cease to accrue from and 18 after said date; and 19 (v) The place where such Bonds are to be surrendered for payment of the 20 redemption price (which shall be the office of the Bond Registrar). 21 (g) Norice to Depository. Notices to The Depository Trust Company or its nominee 22 shall contain the CUSIP numbers of the Bonds. If there are any Holders of the Bonds other than 23 the Depository or its nominee, the Bond Registrar shall use its best efforts to deliver any such 24 notice to the Depository on the business day next preceding the date of mailing of such notice to 25 26 27 28 29 30 31 32 33 34 35 36 all other Holders. 8. Bond Reeistrar. The Treasurer of the City 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 successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. A successor Bond Registrar shall be an officer of the City or a bank or trust company eligible for designation as bond registrar pursuant to Minnesota Statutes, Chapter 475, and may be appointed pursuant to any contract the City and such successor Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and 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 paragraph 14 of this resolution. 37 9. Forms of Bond The Bonds shall be in the form of Global Certificates 38 unless and until Replacement Bonds are made available as provided in paragraph 6. Each form 39 of bond may contain such additional or different terms and provisions as to the form of payment, ziz�ssa�z �g-(��' record date, notices and other matters as aze consistent with the Letter of Representations and approved by the City Attorney. 3 A. Global Certificates. The Global Certificates, together with the Bond Registrar's 4 Certificate of Authentication, Certificate of Registration, the Register of Partial Payments, the 5 form of Assignment and the registration information thereon, shall be in substantially the 6 following form and may be typewritten rather than printed: 2127584v2 V ' � � � _ / 2 0 LTNITED STATES OF AMERICA STATE OF MINNESOTA R.AMSEY COUNTY CITY OF SAINT PAUL I� 6 GENERAL OBLIGATION CAPITAL IMPROVEMENT 7 BOND, SERIES 2008A $ INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP 1, 20 March 1, 2008 9 10 REGISTERED OWNER: 11 PRINCIl'AL AMOIJNT: DOLLARS 12 KNOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, 13 Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value 14 received promises to pay to the registered owner specified above or on the certificate of 15 registration below, or registered assigns, in the manner hereinafter set forth, the principal amount 16 specified above, on the maturity date specified above, unless called for earlier redemption, and to 17 pay interest thereon semiannually on March 1 and September 1 of each year (each, an "Interest 18 Payment Date"), commencing September 1, 2008, at the rate per annum specified above 19 (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is 20 paid or has been provided for. This Bond will bear interest from the most recent Interest 21 Payment Date to which interest has been paid or, if no interest has been paid, from the date of 22 original issue hereo£ The principal of and premium, if any, on this Bond are payable in same- 23 day funds by 230 p.m., Eastern time, upon presentarion and surrender hereof at the principal 24 office of in , Minnesota (the "Bond Registrar"), acting as 25 paying agent, or any successor paying agent duly appointed by the Issuer; provided, however, 26 that upon a partial redemption of this Bond which results in the stated amount hereof being 27 reduced, the Holder may in its discretion be paid without presentation of this Bond, which 28 payment shall be received no later than 2:30 p.m., Eastern time, and may make a notation on the 29 panel provided herein of such redemption, stating the amount so redeemed, or may return the 30 Bond to the Bond Registrar in exchange for a new Bond in the proper principal amount. Such 31 notation, if made by the Holder, shall be for reference only, and may not be relied upon by any 32 other person as being in any way determinative of the principal amount of this Bond outstanding, 33 unless the Bond Registrar has signed the appropriate column of the panel. Interest on this Bond 34 will be paid on each Interest Payment Date in same-day funds by 230 p.m., Eastem time, to the 35 person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration 36 books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the 37 close of business on the fifteenth day of the calendar month preceding such Interest Payment zi2�ssa�z Qg 1 Date (the "Regular Record Date"). Interest payments shall be received by the Holder no later 2 than 230 pm., Eastern time; and principal and premium payments shall be received by the 3 Holder no later than 2:30 p.m., Eastem 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 Regular Record Date, and shall be 6 payable to the person who is the Holder hereof at the close of business on a date (the "Special 7 Record Date") fixed by the Bond Registrar whenever money becomes available for payment of 8 the defaulted interest. Notice of the Special Record Date shall 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 instihxtions 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, Sunday, legal 16 holiday or a day on which such banking institutions are authorized to close, and payment on such 17 date shall have the same force and effect as if made on the nominal date of payment. 18 Redemption. All Bonds of this issue (the "Bonds") maturing after March 1, 2016, 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 ar 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 only part of the Bonds hauing a common maturity date are 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 redemption 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 Revlacement or Notation of Bonds after Partial Redemption. Upon a partial 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 any way determinative of the principal 38 amount of the Bond outstanding, unless the Bond Registrar has signed the appropriate cohimn of 39 the panel. Otherwise, the Holder may surrender this Bond to the Bond Registraz (with, if the 40 Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the 41 Issuer and Bond Registrar 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 ztz�saa�z 10 pg�l� 1 same series having the same stated maturity and interest rate and of the authorized denomination 2 in ag�egate principal amount equal to and in exchange for the unredeemed portion of the 3 principal of the Bond so susendered. 4 Issuance: Purpose: General Oblieation. This Bond is one of an issue in the total 5 principal amount of $6,330,000, all of like date of original issue and tenor, except as to number, 6 maturity, interest rate, denomination, and redemption privilege, which Bond has been issued 7 pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, 8 including particularly Laws of Minnesota for 1971, Chapter 773, as amended, and the Charter of 9 the Issuer, and pursuant to a resolution adopted by the City Council of the Issuer on Februazy 13, 10 2008 (the "Resolution"), for the purpose of providing money to finance the acquisition, 11 construction and repair of various capital improvements in the City. This Bond is payable out of 12 the General Debt Service Fund of the Issuer. This Bond constitutes a general obligation of the 13 Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, 14 and interest when the same become due, the full faith and credit and taxing powers of the Issuer 15 have been and are hereby irrevocably pledged. 16 Denominations; Exchanee; Resolution. The Bonds are issuable originally only as 17 Global Certificates in the denomination of the entire principal amount of the issue maturing on a 18 single date, or, if a portion of said principal is prepaid, said principal amount less the 19 prepayment. Global Certificates are not exchangeable for fully registered bonds of smaller 20 denominations except to evidence a partial prepayment or in exchange for Replacement Bonds if 21 then available. Replacement Bonds, if made available as provided below, are issuable solely as 22 fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single 23 maturity and are exchangeable for fully registered Bonds of other authorized denominations in 24 equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the 25 manner and subject to the limitations provided in the Resolution. Reference is hereby made to 26 the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the 27 Resolution are on file in the principal office of the Bond Registrar. 28 Renlacement Bonds. Replacement Bonds may be issued by the Issuer in the event 29 that: 30 (a) the Depository shall resign or discontinue its services for the Bonds, and 31 only if the Issuer is unable to locate a substitute depository within two (2) months 32 following the resignation or determination of non-eligibility, or 33 (b) upon a determination by the Issuer in its sole discretion that (1) the 34 continuation of the book-entry system described in the Resolution, which precludes the 35 issuance of certificates (other than Global Certificates) to any Holder other than the 36 Depository (or its nominee), might adversely affect the interest of the beneficial owners 37 of the Bonds, ar(2) that it is in the best interest of the beneficial owners of the Bonds that 38 they be able to obtain certificated bonds. 39 Transfer. This Bond shall be registered in the name of the payee on the books of 40 the Issuer by presenting this Bond for registration to the Bond Registrar, who will endorse his, 41 her ar its name and note the date of registrarion opposite the name of the payee in the certificate 2127584v2 1 1 ����� 1 of registration attached hereto. Thereafter this Bond may be transferred by delivery with an 2 assignment duly executed by the Holder or his, her or its legal representatives, and the Issuer and 3 Bond Re�istrar may treat the Holder as the person exclusively entitled to exercise all the rights 4 and powers of an owner until this Bond is presented with such assignnlent for registration of 5 transfer, accompanied by assurance of the nature provided by law that the assignment is genuine 6 and effective, and until such transfer is registered on said books and noted hereon by the Bond 7 Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable 8 regulations of the Issuer contained in any agreement with, or notice to, the Bond Registraz. 9 Transfer of this Bond may, at the direction and expense of the Issuer, be subject to certain other 10 restrictions if required to qualify this Bond as being "in registered form" within the meaning of 11 Section 149(a) of the federal Intemal Revenue Code of 1986, as amended. 12 Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum 13 sufficient to cover any tax or other governmental charge payable in connection with the transfer 14 or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. 15 Treatment of ReQistered Owner. The Issuer and Bond Registrar may treat the 16 person in whose name this Bond is registered as the owner hereof for the purpose of receiving 17 payment as herein provided (except as otherwise provided with respect to the Record Date) and 18 for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the 19 Bond Registrar shall be affected by notice to the contrary. 20 Authentication. This Bond shall not be valid or become obligatory for any 21 purpose or be entitled to any security unless the Certificate of Authentication hereon shall have 22 been executed by the Bond Registrar. 23 Not Qualified Taac-Exempt Obli ate ions. The Bonds have not been designated by 24 the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the federal 25 Internal Revenue Code of 1986, as amended. The Bonds do not qualify for such designation. 26 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things 27 required by the Constitution and laws of the State of Minnesota and the Charter of the Issuer to 28 be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been 29 done, haue happened and have been performed, in regular and due form, time and manner as 30 required by law, and that this Bond, together with all other debts of the Issuer outstanding on the 31 date of original issue hereof and on the date of its issuance and delivery to the original purchaser, 32 does not exceed any constitutional or statutory or Charter limitation of indebtedness. 33 IN WITNESS WHEREOF, the City of Saint Paul, Ramsey County, Minnesota, by 34 its City Council has caused this Bond to be sealed with its official seal and to be executed on its 35 behalf by the photocopied facsimile signature of its Mayor, attested by the photocopied facsimile 36 signature of its Clerk, and countersigned by the photocopied facsimile signature of its Director, 37 Office of Financial Services. ziz�ssa�z 12 �g-i�i-r� � 2 3 4 5 6 7 8 9 10 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 37 38 39 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar Authorized Signature (SEAL) Registrable by: Payable at: CITY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA Mayor Attest: City Clerk Countersigned: Director, Office of Financial Services General Obligation Capital Improvement Bond, Series 2008A, No. R-_ z�z�ssa�z 13 e��o�� CERTIFICATE OF RECTISTRATION 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 2127584v2 1 t� C���� 2 REGISTER OF PARTIAL 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�istrar 5 If a notation is made on this register, such notation has the effect stated in the attached Bond. 6 Partial payments do not require the presentation of the attached Bond to the Bond Registrar, and 7 a Holder could fail to note the partial payment here. ziz�ssa�z 15 ������ � 2 3 4 5 6 7 8 9 10 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 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or re�ulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) underthe (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the attached Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the attached Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other'Bligible Guarantor Institution" as defined in 17 CFR 240.17Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information conceming the transferee requested below is provided. Name and Address: (Include information for all joint owners ifthe Bond is held by joint account.) 2127584�2 16 t��''J �✓ 2 B. Replacement Bonds. If the City has notified Holders that Replacement Bonds 3 have been made availabte as provided in paragraph 6, then £or every Bond thereafter transferred 4 or exchanged (including an exchange to reflect the paftial 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 exchange the CTlobal 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 re�stered 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 Registrar's Certificate of Authentication, the form of Assigunent and the registration 12 in£ormation thereon, shall be in substantially the following form, with paragraphs identical to the 13 form of Global Certificate stated by heading or initial text only: ztz�ssa�z 17 o�-��� IJNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL !:� GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2008A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE 1, 20 March 1, 2008 10 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 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS CUSIP K1VOW ALL PERSONS BY THESE PRESENTS that the City of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on March 1 and September 1 of each yeu (each, an "Interest Payment Date"), commencing September 1, 2008, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in , (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Reb strar whenever money becomes available far payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawfixl money of the United States of America. 2127584v2 1 g �� ��i 1 REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF 2 THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL 3 FOR ALL PURPOSES 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 si�ature of its Mayor, attested by the original ar facsimile signature of its Clerk, and 8 countersigned by the original or facsunile signature of its Director, Office of Financial Services, 9 the official seal having been omitted as permitted by law. 10 Date of Registration: Registrable by: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 BOND REGISTRAR'S CERTIFICATE OF AUTHENTTCATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar By Authorized Signature zi2�ssa�z Payable at: CITY OF SAINT PAUL, RAMSEY COUNTY, MINNESOTA Mayor Attest: Ciry Clerk Countersigned: Director, Office of Financial Services 19 � �'�� ON REVERSE OF BOND 2 Date of Pavment Not Business Day. 3 Redemption. All Bonds of this issue (the "Bonds") maturing after Mazch 1, 2016, 4 aze subject to redemption and prepayment at the option 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 maturity 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 Notice of Redemption. 13 Selection of Bonds for Redemption. To effect a partial redemption of Bonds 14 having a common maturity date, the Bond Registrar shall assign to each Bond having a common 15 maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The 16 Sond Registrar shall then select by lot, using such method of selection as it shall deem proper in 17 its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each 18 number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be 19 redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, 20 that only so much of the principal amount of such Bond of a denomination of more than $5,000 21 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a 22 Bond is to be redeemed only in part, it shall be surrendered to the Bond Registraz (with, if the 23 Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the 24 Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attomey duly 25 authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall 26 authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or 27 Bonds of the same series having the same stated maturity and interest rate and of any authorized 28 denomination or denominations, as requested by such Holder, in aggregate principal amount 29 equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 30 Issuance; Purpose; General ObliQation. 31 Denominations; Exchanee; Resolution. The Bonds are issuable solely as fully 32 registered bonds in the denominations of $5,000 and integral multiples thereof of a single 33 mahxrity and are exchangeable for fully registered Bonds of other authorized denominations in 34 equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the 35 manner and subject to the limitations provided in the Resolution. Reference is hereby made to 36 the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the 37 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 Registrar upon 40 presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions ziz�ssa�z 20 �-I�� 1 provided in the Resolution and to reasonable regulations of the Issuer contained in any 2 agreement with, or notice to, the Bond Registraz. Thereupon the Issuer shall execute and the 3 Bond Registrar 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 an blank or to "bearer" or 5 similar designation), of an authorized denomination or denominations, in ag� principal 6 amount equal to the principal amount of this Bond, of the same maturity and bearing interest at 7 the same rate. 8 Fees unon Transfer or Loss. 9 Treatment of Reeistered Owner. 10 Authentication 11 Not Qualified Tax-Exempt Obligations. 12 13 14 ABBREVIATIONS nz�ssa�z 21 � 1 ASSIGNMENT 2 For value received, the undersi�ed hereby sells, assi�s and transfers unto 3 the within 4 Bond and does hereby inevocably constitute and appoint 5 attorney to transfer the Bond on the books kept far the 6 registration thereof, with full power of substitution in the premises. 7 Dated: 8 Notice: 10 11 12 Signature Guaranteed: 13 The assignor's signature to this assignment must conespond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. 14 Signature(s) must be guaranteed by a national bank ar trust company ar by a brokerage firm 15 hauing a membership in one of the major stock exchanges or any other "Eligible Guazantor 16 Institution" as defined in 17 CFR 240.17Ad-15(a)(2). 17 18 19 20 21 ?Z 23 The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include inforxnation for all joint owners if the Bond is held by j oint account.) 2iz�saa�2 22 /�� , � �/ � �i 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 10. Execution. The Bonds shall be executed on behalf of the City by the si�atures 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 ar photocopied facsimile; and provided fixrther that any of such signatures may be printed or photocopied facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resi�ation 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 shali nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 11. Authentication: Date of Re�istration. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantaally in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated. For purposes of delivering the original Global Certificates to the Purchaser, the Bond Registrar shall insert as the date of registration the date of original issue, which date is March 1, 2008. 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. R�ish Transfer; Exchan�e. 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 Registrar may prescribe, the Bond Registrar shall provide for the 27 registration of Sonds and the registration of transfers of Bonds entitled to be registered or 28 transferred as herein provided. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A Global Certificate shall be registered in the name of the payee on the books of the Bond Registrar by presenting the Global Certificate for registration to the Bond Registrar, who will endorse his or her name and note the date of registration opposite the name of the payee in the certificate of registration on the Global Certificate. Thereafter a Global Certificate may be transferred by delivery with an assignment duly executed by the Holder or his, her or its legal representative, and the City and Bond Registrar may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner until a Global Certificate is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is registered on said books and noted thereon by the Bond Registrar, all subject to the terms and conditions provided in this resolution and to reasonable regulations of the City contained in any agreement with, or notice to, the Bond Registrar. Transfer of a Global Certificate may, at the direction and expense of the City, be subject to other restrictions if required to qualify the Global Certificates as being "in registered 2iz�saa�z 23 V� / �' �'l form" within the meaning of Section 149(a) of the federal Intemal Revenue Code of 19$6, as 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 shall be so exchanged. 5 Upon surrender for transfer of any Replacement Bond at the principal of&ce of 6 the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar 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 maturity 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 similar 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 registration 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 resolution shall be promptly cancelled by the Bond Registrar 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 for transfer or exchange shall be duly 27 endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond 28 Registrar, duly executed by the Holder thereof ar 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 ar 31 other governmental 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 subj ect 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 payment dates. 36 13. Ri�hts Uuon Transfer or Exchanee. Each Bond delivered upon transfer of 37 or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and 38 unpaid, and to accrue, which were carried by such other Bond. ztz�ssa�z Zq (��I � l v� 1 14. Interest Pavment; Record Date. Interest on any Global Certificate shall be 2 paid as provided in the first paragraph thereof, and interest on any Replacement Bond shall be 3 paid on each Interest Payment Date by check or draft mailed to the person in whose name the 4 Bond is registered (the "Holder") on the registration books of the City maintained by the Bond 5 Re�strar, and in each case at the address appearing thereon at the close of business on the 6 fifteenth (15th) day of the calendar month preceding such Interest Payment Date (the "Regular 7 Record Date"). Any such interest not so timely paid shall cease to be payable to the person who 8 is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the 9 Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond 10 Registrar whenever money becomes available for payment of the defaulted interest. Notice of 11 the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten 12 (10) days prior to the Special Record Date. 13 14 15 16 17 18 19 20 15. Holders: Treatment of Re�istered Owner; Consent of Holders. A. For the puiposes of all actions, consents and othex mattexs affecting Holders of the Bonds, other than payments, redemptions, and purchases, the City may (but shall not be obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead of the person in whose name the Bond is registered. For that purpose, the City may ascertain the identity of the beneficial owner of the Bond by such means as the Bond Registrar in its sole discretion deems appropriate, including but not limited to a certificate from the person in whose name the Bond is registered identifying such beneficial owner. 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 puxposes 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 ar by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, obj ection or other instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this resolution, and shall be conclusive in favor of the City with regard to any acrion 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 l�im or her the execution thereof, or by an affidavit of any witness 38 to such execution. 39 (2) Subject to the provisions of subparagraph (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. 2iz�saa�z 25 � /1 O � 10 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 37 38 16. Delivery; Anplication of Proceeds. The Global Certificates when so prepared and executed shall be delivered by the Director, Office of Financial Services, to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Fund and Account. There is hereby created a special account to be designated the "Capital Improvement Bonds of 2008A Account" (the "Capital AccounY'). There has been heretofore created and established the General Debt Service Fund (numbered 960, herein the "Fund"). The Fund and Capital Account shall each be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $6,276,195. From the Capital Account there shall be paid all costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65 (including interest on the Bonds payable during the construction period); and the moneys in the Capital 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 tases 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 improvement instituted pursuant to Laws of Minnesota for 1971, Chapter 773, as amended, or used for any other purpose permitted by law, or transferred to the Pund. All earnings on the Capital Account shall be transferred to the Fund, or may remain in the Capital Account. (ii) Fund. There is hereby pledged and there shall be credited to the Fund, to a special sinking fixnd account which is hereby created and established therein for the payment of the Bonds: (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid far the Bonds in excess of $6,276,195; (c) any collections of all taYes which are herein levied for the payment of the Bonds and interest thereon as provided in paragraph 18; (d) all funds remaining in the Capital Account after completion of the Ixnprovements and payment of the costs thereof, not so transferred to the account of another improvement or used for any other purpose permitted by law; (e) all investment earnings on moneys held in said special account in the Fund; and ( fl any and all other moneys which are properly available and are appropriated by the governing body of the City to said special account in the Fund. 39 Said special account created in the Fund shall be used solely to pay the principal and 40 interest and any premiums for redemption of the Bonds and any other bonds of the City 41 heretofore or hereafter issued by the City and made payable from said special account in the 42 Fund as provided by law, or to pay any rebate due to the United States. No portion of the 43 proceeds o£the Bonds shall be used directly or indirectly to acquire higher yielding investments ziz�ssa�z 26 b��l�i�� 10 11 12 13 14 15 or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose far which the Bonds were issued, and (2) in addition to the above in an amount not �eater than $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Capital Account or said special account in the Fund (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal azbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regularions on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Capital Account or Fund shall not be invested in obligations or deposits issued by, guaranteed by ar insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federa] Intemal Revenue Code of 1986, as amended (the "Code"). 16 18. Tax Levv; Coveraee Test. To provide moneys for payment of the 17 principal and interest on the Bonds there is hereby levied upon all of the taxable property in the 18 City a direct annual ad valorem taac which shall be spread upon the taz rolls and collected with 19 and as part of other general property taxes in the City for the years and in the amounts as 20 follows: Year of Tas Levv 2007* 2008 2009 2010 2011 2012 2013 2014 2015 2016 Year of Tas Collection 2008* 2009 2010 2011 2012 2013 2014 2015 2016 2017 21 � heretofore levied or provided from other available City funds Amount $488,263.13* 794,233.13 802,375.88 808,717.88 813,424.50 812,217.00 816,495.75 820,774.50 828,65738 829,2ll.25 22 The tax levies are such that if collected in full they, together with estimated 23 collections of any other revenues herein pledged for the payment of the Bonds, will produce at 24 least five percent (5%) in excess of the amount needed to meet when due the principal and 25 interest payments on the Bonds. The taY levies shall be irrepealable so long as any of the Bonds 26 are outstanding and unpaid, provided that the City reserves the right and power to reduce the 27 levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, 28 Subdivision 3. ziz7ss4vz 27 ��r�� 1 19. General Obli�ation Pledae. For the prompt and full payment of the 2 principal and interest on the Bonds, as the same respectively become due, the full faith, credit 3 and taYing powers of the City shall be and are hereby irrevocably pledged. If the balance in the 4 Fund (as defined in paragraph 17 hereo� is ever insufficient to pay all principal and interest then 5 due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds 6 of the City which are available for such purpose, including the general fund of the City, and such 7 other funds may be reimbursed with or without interest from the Fund when a sufficient balance 8 is available therein. 9 20. Certificate of Re�istration. The Director, Office of Financial Services, is 10 hereby directed to file a certified copy of this resolution with the officer of Ramsey County, 11 Minnesota, performing the functions of the county auditor (the "County Auditar"), together with 12 such other information as the County Auditor shall require, and to obtain the County Auditor's 13 certificate that the Bonds have been entered in the County Auditor's Bond Register, and that the 14 tax levy required by law has been made. 15 21. Records and Certificates. The officers of the City are hereby authorized 16 and directed to prepue and furnish to the Purchaser, and to the attorneys approving the legality 17 of the issuance of the Bonds, certified copies of all proceedings and records of the City relating 18 to the Bonds and to the financial condition and affairs of the City, and such other affidavits, 19 certificates and information as are required to show the facts relating to the legality and 20 marketability of the Bonds as the same appear from the books and records under their custody 21 and control or as otherwise known to them, and all such certified copies, certificates and 22 affidavits, including any heretofore furnished, shall be deemed representations of the City as to 23 the facts recited therein. 24 22. Negative Covenants as to Use of Proceeds and �rovements. The City 25 hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or 26 permit them to be used, or to enter into any deferred payment arrangements for the cost of the 27 Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the 28 meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no 29 actions will be taken over the term of the Bonds that would cause them to be private activity 30 bonds, and the average term of the Bonds is not longer than reasonably necessary for the 31 governmental purpose of the issue. The City hereby covenants not to use the proceeds of the 32 Bonds in such a manner as to cause the Bonds to be "hedge bonds" within the meaning of 33 Section 149(g) ofthe Code. 34 23. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall 35 comply with requirements necessary under the Code to establish and maintain the exclusion from 36 gross income under Section 103 of the Code of the interest on the Bonds, including without 37 limitation requirements relating to temporary periods far investments, limitations on amounts 38 invested at a yield greater than the yield on the Bonds, and the rebate of excess investment 39 earnings to the United States. 40 The City expects that the two-year expenditure exception to the rebate 41 requirements may apply to the construction proceeds of the Bonds. ziz�ssa�z Zg ��( �/ 1 If any elections are available now or hereafter with respect to arbitrage or rebate 2 matters relating to the Bonds, the Mayor, Clerk, Treasurer and Director, Office of Financial 3 Services, or any of them, are hereby authorized and directed to make such elections as they deem 4 necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, 5 and shall be deemed and treated as, elections of the City. 6 24. No Desimation of Oualified Tax-Exempt Obli�ations. The Bonds, 7 together with other obligations issued by the City in 2008, exceed in amount those which may be 8 qualified as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the 9 Code, and hence aze not designated for such purpose. 10 25. Letter of Representations. The Letter of Representations for the Bonds is 11 hereby confirmed to be the Blanket Issuer Letter of Representations dated April 10, 1996, by the 12 City and received and accepted by The Depository Trust Company. So long as The Depository 13 Trust Company is the Depository or it or its nominee is the Holder of any Global Certificate, the 14 City shall comply with the provisions of the Letter of Representations, as it may be amended or 15 supplemented by the City from time to time with the agreement or consent of The Depository 16 Trust Company. 17 26. Neeotiated Sale. The City has retained Springsted Incorporated as an 18 independent financial advisor, and the City has heretofore determined, and hereby determines, to 19 sell the Bonds by private negotiation, a11 as provided by Minnesota Statutes, Section 475.60, 20 Subdivision 2(9). 21 27. Continuin�Disclosure. The City is an obligated person with respect to the 22 Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), 23 promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the 24 Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the 25 "Undertaking") hereinafter described, to: 26 A. Provide or cause to be provided to each nationally recognized municipal 27 securities information repository ("NRMSIR") and to the appropriate state information 28 depository ("SID"), if any, for the State of Minnesota, in each case as designated by the 29 Commission in accordance with the Rule, certain annual financial information and 30 operating data in accordance with the Undertaking. The City reserves the right to modify 31 from time to time the terms of the Undertaking as provided therein. 32 B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR 33 or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of 34 the occurrence of certain material events with respect to the Bonds in accordance with the 35 Undertaking. 36 C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR 37 or to the MSRB and (ii) the SID, norice of a failure by the Ciry to provide the annual 38 financial information with respect to the City described in the Undertaking. 39 The City agrees that its covenants pursuant to the Rule set forth in this paragraph 40 27 and in the Undertaking are intended to be for the benefit of the Holders of the Bonds and shall ziz�ssa�z 29 vg �i3�'" 1 be enforceable on behalf of such Aolders; provided that the right to enforce the provisions of 2 these covenants shall be limited to a right to obtain specific enforcement of the City's obligations 3 under the covenants. 4 The Mayor and Director, Office of Financial Services, or any other officers of the 5 City authorized to act in their stead (the "Officers"), are hereby authorized and directed to 6 execute on behalf of the City the Undertaking in substantially the form presented to the City 7 Council, subject to such modifications thereof or addirions thereto as are (i) consistent with the 8 requirements under the Rule, (ii) required by the Purchaser, and (iii) acceptable to the Officers. 9 28. Severabilitv. If any section, paragraph or provision of this resolution 10 shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of 11 such section, pazagraph or provision shall not affect any of the remaining provisions of this 12 resolution. 13 29. Aeadinas. Headings in this resolution are included for convenience of 14 reference only and are not a part hereof, and shall not limit or define the meaning of any 15 provision hereof. 2insxa�z 30 Adopted by Council: Date ��/3/� Requested by Department o£ . By: Adoption Certified by Council Secretary � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �8-�3s' FS — Financial Services Co�tact Perso� & Phone: Alexandra O'Leary 26Fr8832 Must Be on Council Agend i3-FEB-08 Doc.Type: RESOLUTION E-DocumentRequired: N Document ConWct: Contact Phone: ToWI # of Signature Pages 0'I-FEB-08 y Assign Number For Routing Order (Clip A71 Locations for S�gnature) Green Sheet NO: 3049617 0 1 2 3 4 5 inancial Services { �nancial Servicw DeparMent Director itv Attornev =�Sp IO a oYs Office MavorlASSistant ouncil � Accepting proposal on sale of approximately $6,33Q000.00 GO CIB Bonds, Series 2008A, providing for thev issuance, and levying a taY for the payment thereof. or Rejed Service Planning Commission 1. Has this persorJfirm ever worked under a contract for this departme�t? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee� Yes No 3. Does this persoNfrm possess a skill not normaliy possessed by any curtent city employee? . Yes No Expiain all yes answers on separete sheet and attach to green sheet Vnitiating Problem, issues, Opportunity (Who, What, When, Where, Why): The Bond Sale should take place at 10 a.m. Resolution is required to accept the proposal. AdvanWges If Approved: The Bonds will be sold. DisadvanWges If Approved: None. Disadvantages If Not Approved: The Bonds will not be sold ToWI Amount of Trensaction: Funding Source: Fi nancial Information: (Explain) Activity Number: CosURevenue Budgeted: February 1, 2008 4:09 PM Page 1 � �'"d J COMPLET'IONS AND CONFORMING DETAILS FOR GENEI2AL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2008A There is before this Council a draft resolution for the sale of the above bonds that requires certain completions and details that conform to those. The Clerk or bond counsel for the Bonds shall revise the draft resolution to read as it should with the complerions and details provided here direcfly or by reference to other materials before this Council. Spots in the resolution aze noted in the second column. The third column is optional but may contain the completion or note the specific source of the other materials. COMPLETION, SPOTS IN THE DETAIL OR SOURCE COMPLETIONS AND DETAILS RESOLUTION (OPTIONAL) 1. Winning Prouoser. Other materials before 3rd Whereas RBC Capital Markets this Council indicate the winning proposer, ¶ 1 whose name shall be inserted in the third whereas and in paragraph 1. 2. Principal Amount. Other materials before Last Whereas No change this Council indicate the principal amount ¶ 1 of the Bonds; the last whereas shall be Form of Bond $6,330,000 revised to conform if necessary, the second statement of the principal amount in paragraph 1 shall be revised to conform if necessary, and the issue amount stated in the form of bond shall be revised to conform if necessary. 3. Purchase Price. Other materials before this ¶ l $6,316,178.90 Council indicate the proposed purchase price and, if applicable, the purchase price for a revised issue size. The blanks in paragraph i shall be completed with purchase prices. 4. Term Bonds. Other materials before this ¶ 2 No Term Bonds Council indicate whether there are term ¶ 4 bonds. If not, no changes aze necessary. If ¶ 7 so, the maturity schedule in pazagraph 2 Form of Bond shail be revised to conform, the schedule of maturity dates for interest rates in pazagraph 4 shall be revised to conform, teatt providin 2139468v2 VV�'� J/� for scheduled mandatory redemption shall be added as pazagraph 7(b) and draft paragraphs (b) through (g) shall be relettered, a similaz pazagraph for scheduled mandatory redemption shall be added to the form of bond, and pazagraph 7(a) and the form of bond shall be revised to treat amounts scheduled for mandatory redemption as an amount per maturity. 5. Interest Rates. Other materials before this ¶ 4 See column 3 of Council indicate the interest rates for the attached schedule A-3 maturity dates of the Bonds, and the schedule in paragraph 4 shall be completed True Interest Cost is for the maturity dates consistent with term 3.083% bonds, if any, in conformance therewith. 6. Ta�c Levies. A schedule of tax levies is ¶ 18 See attached schedule before this Council, and paragraph 18 shall A-3 be com leted in conformance therewith. 2139468v2 A-3 �-i��' $6,330,000 City of Saint Paul, Minnesota General Obligation Capital Improvement Bonds, Series 2008A PostSale Tax Levies Date Principal Coupon Interest Total P+1 105% Overlevy Levy Amount 03lOV2009 03/Otl2010 03/OtY2011 03/01/2012 03/01/2013 03/01/2014 03/0'If2015 03/01/20'16 03/01/2017 03/O7/2078 585,000.00 605,000.00 625,000.00 645,000.00 665,000.00 690,000.00 715,000.00 745,000.00 770,000.00 2.000% 2.100% 2.350% 2.500% 3.500% 3.000°/ 3.000% 3.150% 3.300% 3.450°h 180,012.50 171,412.50 159,167.50 '145207.50 '129,690.00 708,540.00 87,615.00 66,690.00 44,19750 19,725.00 $1.112257.50 465,012.50 756,412.50 764,167.50 770207.50 774,690.00 7�3,540.00 777,615.00 781,690.00 789,197.50 789,725.00 $7,442,257.50 488263.13 794,233.13 802,375.88 808.717.88 813,424.50 812217.00 816,495.75 820,774.50 828,657.38 82921125 488,263.73 794,233.13 802,375.88 808.717.88 813,424.50 812.217.00 816,495.75 820,774.50 828,657.38 829,2'1725 zom• 2008 2009 2010 2011 2012 2013 2014 2015 2016 ' 7o be paid, in part, by a deposit to the Debt Sensice Fund of $41,984.04, which consists of unused tliscount in fhe amount of $39,983.90 a�d accmed mterest in the amourrt of $2,000.14. ZOOBACIBB�nAS-PoSTS1 / S/NGLCHLPftbZ / P/)3/2008 / 12J4➢M � SJJI�IRtJ5�8C� 2139468v2 b��l�' �` Springsted February 13, 2008 Mr. Matt Smith, Director of Financial Services Office of Financiai Services 700 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 RE: Springsted Incorpoatetl 380 Jackson Street, Sui�e 300 Saint Paul, MN 55101-2887 iel 657-2233000 Fac: 65b2233002 wwwspnngsted cam Recommendations for Award of City of Saint Paul's: $6,330,000 General Obligation Capital Improvement Bonds, Series 2008A, $12,500,000 General Obligation Street Improvement Special Assessment Bonds, Series 2008B (The Street Bonds have been reduced to $11,545,000 as a result of the bidding), $10,510,000 Generai Obiigation Public Safety Bonds, Series 2008C, and $23,735,000 Sewer Revenue Bonds, Series 2008D Dear Mr. Smith: This letter summarizes the results of the competitive bids opened this moming for the four Issues listed above. Purpose and Repayment Sources of Issues The purpose of the CIB Issue is to fund projects provided for through the City's Capital Improvement Budgeting process. The CIB lssue will be repaid by property taY levies. The purpose of the Street Issue is to fund portions of the City's annuai sVeet improvement program. This Street )ssue will be repaid by special assessments on benefiYing properties and property tax levies. The purpose of the Public Safety Issue is to fund the acquisition of the Westem District Police Station. This Issue will be repaid by property tar levies. The purpose of the Sewer Revenue Issue is to fund improvements to the City's sanitary sewer system. The Sewer Issue will be repaid by revenues of the Sewer Utility. Pubhc Sector Advisors City of Saint Paul, Minnesota February 13, 2408 Page 2 �/ ��I/ Tax-Exempt Market Rates While the municipal tax-exempt market continues in a very low range, it has been highly erratic over the past six weeks in response to both the economic situation and concems over credit quality. The nationai index of these interest rates, the BBI, is at the very low point of 4.33%, as compared to last year's April sale where the BBI was at 4.29%. The trend of interest rates has also changed markedly over the past few months, moving from a relative flat yield curve to a more traditional'steep' yield curve. This situafion resuits in shorter term bonds having relatively lower interest rates than longer term bonds. Sale Results The City received three bids on the CIB Issue. The senior managers of the bidding syndicates were as follows: Rank Bidder TIC % RBC Capital Market 3.0836 Piper Jaffray 3.0951 Robert W. Baird 3.1515 The lowest (or best) bid was received from RBC Capital Markets at a true interest rate of 3.0836%. Last years CIB Issue receivetl a winning bid of 3.82%. Our estimate of interest rates from mid-January for this Issue was 3.80%. The City received four bids on the Street Issue: Rank Bidder TIC(%1 PiperJaffray 3.9885 Cronin & Company 4.0045 Robert W. Baird 4.0425 Merrill Lynch & Company 4.3024 The lowest (or best) bid was received from Piper Jaffray at a true interest rate of 3.9885%. Last year's Street Issue 2ceived a winning bid of 4216%. Our estimate of interest rates from mid-January for this Issue was 4.30°/a. Note on the Street Issue Principal Amount: The City permits investment banking firms to have a defined level of flexibility in placing their bids, with one such aspect being `premium bids.' In a premium bid, the bidder pays the City more than the principal amount of bonds to be issued in return for the City paying higher than market interest rates. In this sale, Piper Jaffray bid a premium of $1,076,000. This premium permitted the reduction in the amount of bonds issued to $11,545,000 from $12,500,000. This debt reduction permits the City to reduce its annual debt service caused by the premium interest rates. City of Saint Paul, Minnesota february 13, 2008 Page 3 The City received four bids on the Public Safety Issue: Rank Bidder TIC(%1 UBS Securities 42350 Piper Jaffray 42406 Robert W. Baird 4.3049 Merrill Lynch & Company 4.4997 �/�� J� The lowest (or best) bid was received from UBS Securities LLC at a true interest rate of 4.2350%. Our estimate of interest rates from mid-January for this Issue was 4.45°/a. The City received four bids on the Sewer Revenue Issue; Rank Bidder TIC(%1 UBS Securities 3.9671 Robert W. Baird 3.9694 PiperJaffray 3.9984 Merrif( Lyncfi & Company 4.0875 The lowest (or best) bid was received from UBS Securities LLC at a true interest rate of 3.9671 %. Our estimate of interest rates from mid-January for this Issue was 4.32%. The difference in interest rates between these four issues is the result of the respective repayment terms of the Issues. In general, shorter-term issues have lower interest rates than longer issues. The CIB Issue had a markedly shorter term than the other three Issues. 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(s) of sale to: CIB Issue ................................ RBC Capital Markets Street Issue ............................ Piper Jaffray Public Safety Issue .................. UBS Securities Sewer Revenue Bonds............ UBS Securities City of Saint Paul, Minnesota february 13, 2008 Page 4 Basis of Recommendation �/' / � We believe the interest rates received by the City today reflect significant market participation and aggressive bidding. The broad market continues in a very low range. For all four Issues, the sale resuits are at interesf rate levels sign�cantly under our estimates from mid-January. Credit Rating The City's general obligation rating for these Issues were reaffirtned by Standard & Poors at AAA and Moody's at Aa2. The Sewer Utility's separate ratings were also reaffirmed at AAA from Standard & Poor's and Aa2 from Moody's. The respective rating agency reports present each agency's perspectives on the City's credit quality. The City conducted an intensive series of discussions with the two agencies as part of this rating process. The AAA rating is an exceptional credit designation and its continuance by the City in di�cult budget and economic times demonstrates the quality of decision-making by its elected officials and the management of its staff. We welcome any questions regarding this sale process and congratulate the City on completion of a successful sale process. Respectfully, v��a�\ '�-�����J'� / David N. MacGillivray, Chairman Client Representative .[' ,P►�4J Enclosures ti � lC 7 L � � � � __ � � W L � � m > it L W r� +: � � � O� � N 'L7 C O � 0 N ' C e6 N 3 C m d � � C O � ui � oEt m u .� . .� u u S3}�� �� �1 � �_.,� �� 4 �• ��c' o� �p� O �p� � 9 ��� O 9 0�� ` � ' p! 9�� O S ��`��� S'� ��� 'p C� ` s� ���if ls �� 15� � � � a �c' ��`'� O� c�' � o p o O �t: ���c' N d R 0 0 0 0 0 0 0 0 0 CO �t N O CO tD ct N � � i.L') � d' �l' d' d'