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10-154Amended 211012010 � Council File #10- GreenSheet# 3097636 ACCEPTING PROPOSAL ON SALE OF TAXABLE GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BONDS, SEffiES 2010C (BUILD AMERICA BONDS — DIRECT PAY); FIXING THE FORM AND SPECIFICTIONS OF THE SERIES 2010C BONDS; PROVIDING FOR THE ISSUANCE OF THE SERIES 2010C &ONDS; AND LEVYING A TAX FOR THE PAYMENT OF TAE SERIES 2010C BONDS 1 WHEREAS, the Director, Office of Financial Services, has presented proposals received for the 2 sale of approximately $12,500,000 Taxable General Obligation Street Improvement Special Assessment 3 Bonds, Series 2010C (Build America Bonds — Direct Pay) (the "Series 2010C Bonds"), of the City of 4 Saint Paul, Minnesota (the "City"); a�d 5 WHEREAS, the proposals set forth on EXHIBIT C attached hereto were received pursuant to the 6 Terms of Proposal at the offices of Springsted Incorporated at 10:00 A.M., Central Time, this same day; 7 and 8 WHEREAS, the Duectot, Office of Financial Services, has advised this Council that the proposal 9 of the Purchaser (as defined herein) was found to be the most advantageous and has cecommended that 10 said proposal be accepted; and 11 WHEREAS, the proceeds of the Saries 2010C Bonds will fina�ce certain street improvements to 12 be specially assessed, for which the City is proceeding pursuant to its Charter and not Minnesota Statutes, 13 Chapter 429, with any excess to be used for any other purpose permitted by law; and 14 WHEREAS, the Series 2010C Bonds aze being issued by the Charter of the City and Minnesota 15 SCaNtes, Chapter 475, as amended (the "Municipal Debt Act and together with the Charter, the "Act"); 16 and 17 WHEREAS, pursuant to Section 475.60, Subdivision 2(9) of the Municipal Debt Act, public saie 18 requirements do not apply to the Series 2010C Bonds if the City retains an independent financial advisor 19 and determines to se11 the Series 2010C Sonds by private negotiation, and the City has instead authorized 20 a competitive sale without pablication of notice thereof as a form of private negoriarion; and 21 WHEREAS, proposals for the Series 2010C Bonds have been solicited by Springsted 22 Incorporated putsuant to an Official Statement (Che "Off'icial StatemenP`) and Terms of Proposal (the 23 "Terms of Proposal") therein. 24 NOW, THEREFORE, BE TT RESOLVED by the Council of the City of Saint Paul, Minnesota, as 25 follows: RESOLUTION CITY OF SAINT PAUL, NIINNESOTA 10-154 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1. Acceptance of Proposal. The proposal of M&I Bank (the "Purchaser") to purchase the Taxable General Obligation Street Improvement Speclal Assessment Bonds, Series 2010C (Build America Bonds — Direct Pay), of the City (the "Series 2010C Bonds", or individually a"Series 2010C Bond"), in accordance with the Terms of Proposal for the bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $12,381,806.25 (the principal amount of the Series 2010C &onds of $12,500,000, less the Purchaser's discount of $118,193.75), is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted for Series 2010C Bonds and the Series 2010C Bonds aze hereby awarded to the Purchaser. The City retained the right to increase or reduce the principal amount of the Series 2010C Bonds from the proposed $12,500,000, and the City has deternuned to keep the principal amount of the Series 2010C Bonds at $12,500,000. The Director, Office of Financial Services, or his designee, is directed to retain the deposit of the Purchaser and to forthwith return to the others making proposals their good faith checks or drafts. The Director, OfFice of Financial Services and the Ciry Clerk, on behalf of the City, are directed to execute a purchase agreement with the Purchaser related to the Series 2010C Bonds. 40 2 Irrevocable Election to Issue Build America Bonds. The City irrevocably elects to have 41 Secrion 54AA of tUe Code apply to the Series 2010C Bonds and to issue the Series 2010C Bonds as Build 42 America Bonds (Direct Payment). 43 3. Title; Original Issue Date; Denominations; Maturities. The Series 2010C Bonds shall be 44 titled "Taxable General Obligation Street Improvement Special Assessment Bonds, Series 2010C (Build 45 America Bonds — Direct Pay)", shall be dated as of the date of original issue and shall be issued forthwith 46 on or after such date as fully registered bonds. The Series 2010C Bonds shall be numbered from R-1 47 upward each shall be in the denomination of $5,000 each or in any integral multiple thereof of a single 48 maturity. The Series 2010C Bonds shall mature on May 1 and November 1 on the dates and in the 49 amounts set forth in EXHIBIT B. 50 4. Pmpose. The Series 2010C Bonds aze issued pursuant to the Act. The Series 2010C 51 Bonds shall provide funds for the construction of various street improvements (the "Improvements") in 52 the City, and any excess construction funds shall be devoted to any other purpose pernutted by law. The 53 total wst of the Improvements, which shall include all costs enumerated in Section 475.65 of the Act is 54 estimated to be at least equal to the amount of the Series 2010C Bonds available for this purpose. Work 55 on the Improvements shall proceed with due diligence to completion. 56 5. Interest. The Series 2010C Bonds shall bear interest payable semiannaally on May 1 and 57 November 1 of each year (each, an "Interest Payment Date"), commencing November 1, 2010, calculated 58 on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth 59 opposite the maturity dates as set forth on EXHIBl'I' B. .1 61 62 63 64 65 66 67 6. Book-Entrv Svstem; Limited Oblieation of City. (a) DTC. The Series 2010C Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Series 2010C Bond for each of the maturities set forth on EXHIBIT B attached hereto. Upon initial issuance, the ownership of each Series 201�C Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (`DTC"). Except as provided in this section, a11 of the outstanding Series 2Q10C Bonds will be registered in the xegistration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 2 10-154 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 (b) Particioants. With respect to Series 2010C Bonds registered in the registration books kept by the Registraz in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial instimtions From time to time for which DTC holds Series 2010C Bonds as securities depository ("Participants") or to any other person on behalf of which a Participant holds an interest in the Series 2010C Bonds, including but not limited to any responsibility or obligation with respect to (i) ihe accuracy of the records of Cede & Co., DTC or any Participant with respect to any ownership interest in the Series 2010C Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Series 2010C Bonds, as shown by the registration books kept by the Rea straz), of any notice with respect to the Series 2010C Bonds, including any notice of redemption, or (iii) the payment to a�y Participaut or any other person, other than a registered owner of Series 2010C Bonds, of any amount with respect to principal of, premium, if any, or interest on the Series 2Q1QC Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Series 2010C Bond is registered in the registration books kept by the Registraz as the holder and absolute owner of such Sedes 2010C Bond for the purpose of payment of principal, premium and interest with respect to such Series 2010C Bond, for the purpose of registering transfers with respect to such Series 2010C Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, a�d interest on the Series 2010C Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, preminm, if any, or interest on the Series 2010C Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a Series 2010C Bond, as shown in the regisuation books kept by the Registrar, will receive a certificated Series 2010C Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Cleik of a written notice to the effect that DTC has deternuned to substihate a new nominee in place of Cede & Co., the words "Cede & Co." shall refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk shall promptly deliver a copy of the same to the Registrar and Paying Agent. 94 (c) Rearesentation Letter. The City has heretofore executed and delivered to DTC a Blanket 95 Issuer L,etter of Repiesentations (the "Representarion Letter") which sha11 govem payment of principal of, 96 premium, if any, and interest on the Series 2010C Bonds and notices with respect to the Series 2010C 9? Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Series 98 2010C Bonds shall agree to take all action necessazy for all repxesentations of the City in the 99 Representation Letter with respect to the Registrar and Paying Agent, xespectively, to be complied with at 100 all times. 101 (d) Transfers Outside Book-Entry Svstem. In the event the Ciry, by resolurion af the City 102 Council, determines that it is in the best interests of the pezsons having beneficial interests in the Series 103 2010C Bonds that they be able to obtain Series 2010C Bond certificates, the City will notify DTC, 104 whereupon DTC will notify the Participants, of the availability through DTC of Series 2010C Bond 105 certificates. In such event the City will issue, transfer and exchange Series 2010C Bond certificates as 106 requested by DTC and any other registered owners in accordance with the provisions of this Resolution. 107 DTC may detettnine to discontinue providing its services with respect to the Series 2010C Bonds at any 108 time by giving notice to the City and discharging its responsibiliues with respect thereto under applicable 109 law. In such event, if no successoT securities deposatory is appointed, the City shall issue and the 110 Registrar shall authenticate Series 2010C Bond certificates ln accordance with this Resolution and khe ll 1 provisions hereof shall apply to the transfer, exchange and method of payment thereof. 112 (e) Payments to DTC. Notwithstanding any other provision of this Resolution to the 113 contrary, so long as a Series 2010C Bond is registered in the name of Cede & Co., as nominee of DTC, 114 payments with respect to piincipal of, pzemium, if any, and interest on the Series 2010C Bond and all 10-154 iis 116 117 118 119 120 121 122 123 124 125 notices with respect to the Series 2010C Bond shal] be made and a ven, respectively, in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Redemption. (a) Optional Redem�tion. The City may elect on May 1, 2020, and on any day thereafter, to prepay Series 2010C Bonds due on or after November 1, 2020. Optional redemptions may be in whole or in part and if in part at the option of the City and in such manner as the City shall deternune. If less than all Series 2010C Bonds of a maturity are called for redemption, the City will notify DTC (as defined herein) of the particular amount of such mamrity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All optional redemptions of the Series 2010C Bonds shall be at a price of paz plus accrued interest to the redemption date. 126 (b) Scheduled Mandatory Redem�tion. Term Bonds maturing on November 1, 2021, are 127 subject to redemption and prepayment at a price of par plus accrued interest, without premium, on the 128 dates and in the amounts set forth below: Pavment Date May 1, 2021 November 1, 2021 129 130 Principal Amount $315,000 32�,�Q0 Term Bonds maturing on November 1, 2022, aze subject to redemption and prepayment at a price of par plus accrued interest, without premium, on the dates and in the amounts set forth below: Pavment Date Principal Amount May 1, 2022 $325,000 November 1, 2022 330,000 131 132 Term Bonds maturing on November 1, 2023, are subject to redemption and prepayment at a price of par plus accmed interest, without premium, on the dates and in the amounts set forth below: Pavment Date Princi.pal Amount May l, 2023 $335,OOQ November l, 2023 345,000 133 134 Term Bonds maturing on November 1, 202�, aze subject to redemption and prepayment at a price of paz plus accrued interest, without premium, on the dates and in the amounts set forth below: Pavment Date Principal Amount May 1, 2024 $350,000 November 1, 202A 355,000 10-154 135 136 Term Bonds maturing on November 1, 2025, aze subject to redemption and prepayment at a price of paz plus accrued interest, without premium, on the dates and in ihe amounts set forth below: Payment Date Frinc�al Amount May 1, 2025 $360,000 November 1, 2025 365,000 137 138 Term Bonds maturing on November 1, 2026, aze subject to redemption and prepayment at a price of paz plus accmed interest, without premium, on the dates and in the amounts set forth below: Pavment Date Principal Amount May 1, 2026 $375,000 November 1, 2026 380,000 139 140 Term Bonds maturing on November 1, 2027, are subject to redemption and prepayment at a price of par plus accmed interest, without premium, on the dates and in the amounts set forth below: Payment Date Principal Amount May 1, 2027 $385,000 November 1, 2027 395,000 141 142 Term Bonds manxring on November 1, 2028, are subject to redemption and prepayment at a price of par plus accrued interest, without premium, on the dates and in the amounts set forth below: Payment Date Princi�al Amount May 1, 2028 $400,000 November l, 2028 405,000 143 144 Term Bonds maturing on May 1, 2030, aze subject to redemption and prepayment at a price of par plus accrued interest, without premium, on the dates and in the amounts set forth below: Payment Date Principal Amount May 1, 2029 $415,000 November 1, 2Q29 42Q000 May 1, 2030 43Q000 145 146 147 148 149 150 151 152 153 154 (c) Extraocdinazy Redemotion. At the oprion of the City, the Series 2010C Bonds aze subject to extraordinary redemption in whole, but not in part, at a redemption price equal to paz plus accrued interest to the zedemption date, upon or on any date afrer the occurrence of a Deternunation of Ineligibility. A"Determination of Ineligibility" means (i) the enactment of legislation or the adoption of fmai regulations or a fmai decision, mling or technical advice by any federal judicial or administrative authority which would have the effect of deeming, detemuning or rendering the Series 2010C Bonds not qualified for treatment as qualified Buiid America Bonds under Section 54AA of the Internal Revenue Code of 1986, as amended (the "Code°); (ii) the federal govemment discontinues the Build America Bonds Direct Payment program with retroactive applicability to bonds issued prior to the date of such discontinuance (including the Series 2010C Bonds); or (iii) the receipt by the City of a written opinion of 10-154 Iss 156 157 158 159 160 161 162 163 164 165 nationally recognized bond counsel to the effect that the 2010C Bonds aze not qualified Build America Bonds under 5ection 54AA of the Code. (d) Selection of Series 2010C Bonds to be Redeemed: Redemotion Procedure. In the event any of the Series 2010C Bonds are called for redemption, notice thereof identifying the Series 2010C Bonds to be redeemed shall be given by the Ree straz by mailinp a copy of the redemption notice by first class mail (postage prepaid) to the rea stered owner of each Series 2010C Bonds to be redeemed at the address shown on the registration books kept by the Rea strar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, shall not affect the validity of the proceedings for the redemption of Series 2010C Bonds. Series 2010C Bonds so called for redemption shall cease to bear interest after the specified redemption date, provided that the funds for the redemption aze on deposit with the Registrar at that time. 166 (e) Notice of Redemotion. The Registrar shall call Series 2010C Bonds for optional 167 redemption and prepayment as herein provided upon receipt 6y the Re�stcaz at least foRy-five (45) days 168 prior to the redemption date of a request of the City, in written form if the Registrar is other than a City 169 officer. Such request shall specify the series and principal amount of Series 2010C Bonds to be called for 170 redemption and the redemption date. 171 172 173 174 175 176 177 178 179 180 181 182 183 Mailed notice of optional redemption shall be given to the Paying Agent (iF other thao a City officer) and to each affected Holder. If and when the City shall call any of the Series ZOIOC Bonds for redemption and prepayment prior to the stated maturity thereof, the Registraz shall give written notice in the name of the City of its intention to redeem a�d pay such Series 2010C Bonds at the office of the Regisaaz. Norice of redempdon shall be given by first class mail, postage piepaid, mailed not less than thirty (30) days prior to the redemption date, to each Holder of Series 2010C Bonds to be redeemed, at the address appearing in the Bond Register. All notices of optional redemption shall state: (i) the redemption date; (ii) the redemption price; (iii) if less than all outstanding Series 2010C Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the 5eries 2010C Bonds to be redeemed; (iv) that on Che optional redemption date, the tedemption price wi11 become due and payable upon each such Series 2010C Bond, and that interest thereon shall cease to accrue from and after said date; and (v) the place where such Series 2010C Bonds are to be surrendered for payment of the redemption price (which sha11 be the office of the Registrar). 184 Notices to DTC or its nominee shali contain the CUSIP numbers of the Series 2010C Bonds. If 185 there aze any Holders of the Series 2010C Bonds other than DTC or its nominee, the Registraz shall use 186 its best efforts to deliver any such notice to DTC on the business day next preceding the date of mailing of 187 such notice to ail other Holders. 188 189 190 191 192 193 194 195 196 197 8. Re isg trar. The City Treasurer is hereby appointed as the initial bond registrar and paying agem (the °Registrar" and the "Paying Agent") for the Series 2010C Bonds. The City Treasurer shall serve as Registraz unless and until a successor Registrar is duly appointed. A successor Rea straz shall be an officer of the City or a bank or trust company eligible for designation as Registraz pursuant to the Municipal Debt Act and may be appointed pursuarit to any contract the City and such successor Registrar shall execute which is consistent herewith. The Registraz shall also serve as Paying Agent unless and unril a successor Paying Agent is duly appointed. Principal and interest on the Series 2010C Bands shall be paid to the registered holder or holders of the Series 2010C Bonds (the "Holder" or "Holders") in the manner set forth in the form of the Series 2010C Bonds. The effect of renistration and the rights and duties of the City and the Registrar with respect thereto aze as follows: 10-154 198 (a) Re�ster. The Registrar shall keep a bond rea ster in which the Registraz provides for the 199 rea suation of ownership of the Series 2010C Bonds and the registration of transfers and exchanges of the 2Q0 Series 2010C Bonds entitled to be registered, transfezred, or exchanged. 201 202 203 204 205 206 207 208 (b) Transfer of Series 2010C Bonds. Upon surrender for transfer of a Series 2010C Bond duly endorsed by the rea stered owner thereof or accompanied by a written instmment of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Rea straz shall au[henticate acid deliver, in the name of the designated rransferee ot transferees, one or more new Series 2010C Bonds of a like aagregate princiQal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer afrer the fifteenth day of the month preceding each interest payment date and until that interest payment date. 209 (c) Exchanee of Series 2010C Bonds. When Series 2010C Bonds are surrendered by the 210 registered owner for exchange, the Registrar shall authenticate and deliver one or more new Series 2010C 211 Bonds of a like aggregate principai amount and maturity as requested by the registered owner or the 212 owner's attorney in writing. 213 (d) Cancellation. Series 2010C Bonds surrendered upon transfer or exchange shall be 214 promptly cancelled by the Registraz and thereafter disposed of as directed by the City. 215 (e) Improoer or Unauthorized Transfer, When a Series 2010C Bond is presented to the 216 Registrar for transfer, the Registrar may refuse to transfer the Series 2QlOC Bond until the Registrar is 217 satisfied that the endoisement on the Series 2010C Bond or sepazate instrument of transfer is valid and 218 genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for Che 219 refusal, in good faith, to make transfeis which it, in its judgment, deems improper or unauthorized. 220 221 222 223 224 225 (f) Persons Deemed Owners. The City and the Registraz may treat the person in whose name a Series 2010C Bond is registeied in the bond register as tha absolute owner of the Saries 2010C Bond, whether the Series 2010C Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Series 2010C Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order shall be valid a�d effectual to satisfy and discharge the liability upon the Series 2010C Bond to the extent of the sum or sums so paid. 226 (g) Taxes. Fees, and Char¢es. The Registrar may impose a charge upon the owner thereof 227 for a transfer or exchange of Series 2010C Sond sufficient to reimburse the Registrar for any tax, fee, or 228 other govemmantal charge required to be paid with r�spect to the transfer or exchange. 229 230 231 232 233 234 235 236 237 238 239 240 241 (h) Mutilated, Lost. Stolen or Destroyed Series 2010C Bond. If a Series 2010C Bond becomes mutilated or is destroyed, stolen, or lost, the Registraz shall deliver a new Series 2010C Bond of like amount, number, maturity date, and tenor in exchange and subsutution for and upon cancellation of the mutilated Series 2010C Bond or in lieu of and in substitution for any Series 2010C Bond destroyed, stolen, or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Series 2010C Bond destroyed, stolen, or lost, upon filing with the Registraz of evidence satisfactory to it that the Series 2010C Bond was destroyed, stolen, or lost, and of the ownership thereof, and upon fumishing to the Registrar an appropriate bond or indemnity in form, substance, and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obiigees. Series 2010C Bonds so sunendered to the Registrar shall be cancelled by the Registrar and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen, or lost Series 2010C Bond has already matured or been called for redemption in accordance with its terms, it is not necessary to issue a new Series 2010C Bond prior to payment. 10-154 242 243 244 245 246 247 248 249 250 251 252 253 254 9. Form of Series 2610C Bond. All of the provisions of the Series 2010C Bonds, when executed as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in fuli force and effect from the date of execution and delivery thereof. The Series 2010C Bonds shall be substantially in the form attached to this Resolution as EXHIBIT' A, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of each series of the Series 2016C Bonds, the stated maturities of the Series 2010C Bonds, the interest rates on the Series 2010C Bonds, the tetms of redemption of the Series 2010C Bonds, a�d variation from City policies regarding methods of offering general obligation bonds) as the City Clerk and Director, Office of Financial Services, in their discretion, shall detemune. The execution of the Series 2010C Bonds with the manual or facsimile sia atures of the Mayor, City Clerk and D'uector, O�ce of Financial Services, or their deputy, and the delivery of the Series 2010C Bonds by the City shall be conclusive evidence of such determination. 255 The City Treasurer is authorized and directed to obtain a copy of the proposed approving legal 256 opinian of Kennedy & Graven, Chartered, Saint Paul, Minnesota, which shall be complete except as to 257 dating thereof and cause the opinion to accompany each Series 2010C Bond. 258 10. Execution. The Series 2010C Bonds shall be executed on behalf of the City by the 259 signatures of its Mayor, Clerk and Director, Office of Financial Services, each with the effect noted on the 260 forms of the Series ZOlOC Bonds, provided, that any such signatures may be printed or photocopied 261 facsimiles and the corporate seal may be omitted on the Series 2010C Bonds as pernutted by law. In the 262 event of disability or resignation or other absence of any such officer, the Series 2010C Bonds may be 263 signed by the manual or facsimile signature of chat officer who may act on behalf of such absent oi 264 disabled officer. In case any such officer whose signature or facsimile of whose signature shall appear on 265 the Series 2010C Bonds shall cease to be such officer before the delivery of the Series 2010C Bonds, such 266 signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she 267 had remained in office until delivery. 268 1 l. Authentication; Date of Registration. No Series 2010C Bond shall be valid or obligatory 269 for any purpose or be entided to any security or benefit under this resolution unless a Certificate of 270 Authenrication on such Series 2010C Bond, substantially in the form set forth in EXHIBPl' A, shall have 271 been duly ezecuted by an authorized representative of the Registraz. Certificates of Authentication on 272 different Series 2010C Bonds need not be signed by the same person. The Registrar shall authenticate the 273 signatures of officers of the City on each Series 2010C Bond by execution of the Certificate of 274 Authentication on the Series 2010C Bond and by inserting as the date of registration in the space provided 275 the date on which the Series 2010C Bond is authenticated. For purposes of delivering the original Series 276 2010C Bonds Co the Purchaser, the Regisuaz shall insert as the date of registration the date of ori�nal 277 issue. 278 12. RiQhts Upon Transfer or Exchange. Each Series 2010C Bond delivered upon transfer of 279 or in exchange for or in lieu of any other Series 2010C Bond shall cany all the rights to interest accmed 280 and unpaid, and to accme, which were carried by such other 5eries 2010C Bond. 281 13. Registration and Pavment. The Series 2010C Bonds will be issued only in fully 282 registered form. The interest thereon and, upon surrender of each Series 2010C Bond, the principal 283 amount thereof, is payable by check or draft issued by the Registrar described herein. Each Series 2010C 284 Bond shall be dated as of the last intetest payment date preceding the date of authentication to which 285 interest on the Series 2010C Bonds has been paid or made available for payment, unless: (i) the date of 286 authentication is an interest payment date to which interest has been paid or made available for payment, 10-154 287 in which case the Series 2010C Bonds witl be dated as of the date of authentication; or (ii) the date of 288 authenticarion is prior to the fust interest payment date, in which case the Series 2010C Bonds will be 289 dated as of the date of originat issue. The Series 2010C Bonds shall bear interest at the rates per annum 290 as set forth in EXHIBiT B attached hereto. 291 292 293 294 295 296 297 298 14. Holders� Treatment of Reeistered Owner: Consent of Holders. (a) Benefecial Orovners. For the purposes of all actions, consents, and other matters affecting Holders of the Series 2010C Bonds, other than payments, redemptions, and purchases, the City may (but shall not be obligated to) treat as the Holder of a Series 2010C Bond the beneficial owner of the Series 2010C Bond instead of the person in whose name the Series 2010C Bond is registered. For that purpose, the City may ascertain the identity of the beneficial owner of the Series 2010C Bond by such means as the Registraz, in its sole discretion, deems appropriate, including but not limited to a certificate from the person in whose name the Series 2010C Bond is registered identifying such beneficial owner. 294 (b} Registered Owners. The City and Registrar may treat the person in whose name any 300 Series 2010C Bond is registered as the owner of such Series 2010C Bond for the purpose of receiving 301 payment of principal of and premium, if any, and interest on such 5eries 2010C Bond and for all other 302 purposes whatsoever whether or not such Series 2010C Bond shall be overdue, and neither the City nor 303 the Registxar shall be affected by notice to the conaacy. 304 305 306 307 308 309 310 311 312 313 314 315 316 (c) Actions of Holders. Any consent, request, direcrion, approval, objeccion, or othex instrument to be signed and executed by the Holders may be in any number of concunent writings of similar tenor and must be signed or executed by such Holders in person or by agent appointed in writing. 1'roof of the execution of any such consent, request, d'uection, approval, objection, or other instrument, or of the writing appointing any such agent and of the ownership of Series ZOlOC Bonds, if made in the following manner, shali ba sufFicient for any of the purposes of this resol�tion, and shall be conclusive in favor of the City with regazd to any action taken by it under such request or other instrument, namely; (i) the fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the petson signing such writing acknowledged before him the execution thereof, or by an affidavit of any witness to such execution; and (ii) subject to the provisions of subparagraph (a) above, the fact of the ownership by any person of Series 2010C Bonds and the amounts and numbers of such Series 20tOC Bonds, and the date of the holding of the same, may be proved by reference to the bond register. 317 15. Deliverv; Ap�lication Qf Proceeds. The Series 2010C Bonds when so prepazed and 318 executed shall be delivered by the Director, Office of Financial Services, to the Purchaser upon receipt of 319 the purchase price, and the Purchaser shall not be obliged to see to the propei application thereof. 320 321 322 323 324 325 326 16. Funds. There is hereby created a special fund to be designated the "2010 Capital Projects Fund" (numbered C10, the "Capital Fund"), to be administered and maintained by the City Treasurer as a bookkeeping account sepazate and apart from all other accounts maintained in the official financial records of the City. There has been heretofore created and established the "General Obligation 5pecial Assessments — Streets Debt Service Fund" (numbered F963, the "Debt Service Fund"). The Capital Fund and Debt Service Fund shall be maintained in the manner herein specified until all of the Series 2010C Bonds and the interest thereon have been fully paid: 327 (a) Capital Fund. To the Capital Fund there shall be credited the proceeds of the sale of the 328 Series 2010C Bonds, less accmed interest, if any, received on the Series 2010C Bonds, and less any 329 amount paid for the Series 2010C Bonds in excess of $12,375,000. From the Capital Fund there shall be 33� paid all costs and expenses of making the Improvements listed in pazagraph 17, after they have been 10-154 331 332 333 334 335 336 337 338 339 340 341 342 343 3A4 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 ordered in accordance wiih the Charter of the City, including the cost of any construction contracts heretofore tet and all other costs incuered and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65 (including interest on the Series 2010C Bonds payable during the construction period); and the moneys in the Capital Fund shall be used for no other puipose except as otherwise provided by law; provided that the proceeds of the Series 2010C Bonds may also be used to the extent necessazy to pay interest on the Series 2010C Bonds due prior to the anticipated date of commencement of the collection of tases or special assessments herein covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Capital Fund, the balance may be transfened by the Council to the fund of any other improvement instituted pursuant to the City's Charter or Minnesota Statutes, Chapter 429, or used to pay the costs of any other purpose permitted by law, or transferred to the Debt Service Fund. All earnings on the Capital Fond shall be transferred to the Debt Service Fund, or may be retained in the Capital Fund. (b) Debt Service Fund. There is hereby pledged and there shall be credited to a special account relating to the Series 2010C Bonds in the Debt Service Fund: (a) collections of special assessments herein covenanted to be levied with respact to the Improvemeuts; (b) a1l accmed interest received upon delivery of the Series 2010C Bonds, (c) all funds paid for the 5eries 2010C Bonds in excess of $12,375,000; (d) any collections of all tares which aze levied herein, or which may hereafrer be levied in the event that the special assessments herein pledged to the payment of the Series 2010C Bonds and interest thereon are insufficient therefor; (e) all funds remaining in the Capital Fund after completio� of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement oz used to pay-the casts of any other purpose perrnitted by law; and (� all investment earnings on moneys held in such special account in the Debt Service Fund or (at the City's option) on moneys held in the Capital Fund. If moneys in the special account of the Debt Service Fund should ever be insufficient to pay debt service on the Series 2010C Bonds, the Series 2010C Bonds shall be paid from the Debt Service Fund or any other special account therein, and the Series 2010C Bonds aze hereby made payab}e from the Debt Service Fund and any other special accounts therein for this purpose. Amounts drawn from the Debt Service Fund or any special account therein may be repaid with or without interest when moneys sufficient for such repayment are deposited in the special account relating to the Series 2010C Bonds in the Debt Service Fund. The special account relating to the Series 2010C Bonds in the Debt Service Fund shall be used solely to pay the principal and in[erest and any premiums for redemption of the Series 2010C Bonds and any othei general obligation bonds of the City heretofore or hereafter issued by the City and made payable from such special account in the Debt Service Fund as provided by law, or to pay any rebate due to the United States. No portion of the proceeds of the Series 2010C Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a xeasonable tempocary period until such proceeds aze needed for the purpose for which the Series 2010C Bonds were issued, and (2) in addition to the above in an amount not greatet than five percent (5%o) of the proceeds of the Series 2010C Bonds. To this effect, any snms from time to time held in the Capital Fund or in suah special account in fhe Debt Service Fund (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested withoat regazd as to yield shall not be invested at a yield in excess of the appticable yield restrictions imposed by said azbitrage regulations on such investments after taking into account any applicable "temporazy periods" or "minor portion" made available u�der the federal arbitrage regulations. In addition, the proceeds of the Series 2010C Bonds and money in the Capitat Fund or in such special account in the Debt Service Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Series 201�C Bonds to be "federally a aranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 19$6, as amended (the "Code"). 10 10-154 380 17. Assessments; Covera¢e Test. The City Council has heretofore deternuned, and does 381 hereby determine, to proceed with the Improvements and special assessments with respect thereto under 382 the provisions of the Charter of the City, rather than the provisions of Minnesota Statutes, Chapter 429. 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 393 399 400 401 402 403 404 It is heTeby datarmined that no less than twenty percent (20%) of the cost to the Ciry of the Improvements Financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it wi11 let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Lnprovement specifies a different time limit for the letting of constrnction contracts and wili do and perfortn, as soon as they may be done, all acts and things necessary for the fmal and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irrea larity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments ar in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and Cake all futthet proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments for the Improvements have not haretofore been anthorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments aze hereby authorized. Subject to such adjustmenCS as are requiied by conditions in existence at the time the assessments are levied, the assessments aze hereby authorized and it is hereby detemrined that the assessments shall be payable in equal, consecutive, annual installments, with general tases for the yeazs shown below and with interest on the declining balance of all such assessments at a rate per annum of 5.00% (tt�e sum of the true intexest cost of the Series 2010C Bonds net of any tax credit payments received by the City from the federal government as a result of the Series 2010C Bonds being qualified Build America Bonds (as determined by Springsted Incorporated) plus 1.75% for administration costs). Improvement Assessed Designation Amount L,evy Yeazs 405 406 407 408 409 410 411 412 413 414 415 416 417 Fron Wictoria* $685,137 SeventtJDouglas 456,451 HoyUKennard 682,072 DavernlJefferson 954,531 *Also financed by bonds issued in 2009. 2010-2029 inclusive Colleetion Years 20ll-2029 for all The special assessments far the Impravements shall be such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Series 2010C Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Series 2010C Bonds in every year. At the rime the assessments for the Improvemenfs are in fact levied the City Cauncil shall, based on the then-current estimated collections of the assessmenis, make any adjustments in the T� (as defined below) required to be levied in order to assure that the City conrinues ta be in campliance with Minnesota Statutes, Section 475.61, S�bdivision 1. 18. Pled¢e of Ta7c Lev�. For the purpose of paying the principal of and interest on the Series 2010C Bonds in excess of aznounts received from special assessments, there is levied a d'uect annual irrepealable ad valorem tac (the "Tax") upon all of the taxable property in the City, to be spread upon the 11 10-154 418 419 420 421 422 tax rolls and collected with and as pazt of other general taxes of the City. The Tas will be credited to the Series 2010C Debt Service Fund above provided and shall be established by officials of the City afrer the award of the Series 2010C Bonds and detemunation of the interest rates on the Series 2010C Bonds. The Tvc shall be levied and collected in the yeazs and in the amounts as follows: Levy Yeaz Collection Year Amount 423 424 425 (See attached EXHIBPP D) 19. Appropriation. To the payment of debt service due on the Series 2010C Bonds on November I, 2010, there is hereby appropriated $0 from the City's fund balance. 426 20. Tax Levy; Covera�e Test. The Tax shall be inepealable so long as ariy of the Series 427 2010C Bonds aze outstanding and unpaid, provided that the City reserves the right and power to reduce 428 the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 429 The tax levies are such that if collected in full they, together with estimated collections of special 430 assessments and other revenues herein pledged for the payment of the Series 2010C Bonds, will produce 431 at least five percent (5%o) in excess of the amaunt needed to meet when due the principal and intexest 432 payments on the Series 2010C Bonds. The tas levies shall be inepealable so long as any of the Series 433 2010C Bonds are outstanding and unpaid, provided thaG the City reserves the right and power to reduce 434 the levies in the manner and to the extent permitted by Minnesota Statutes, Sec�ian 475.61, Subdivision 3. 435 21. Genaral Oblisation Pledge. For the pxompt and full payment of the principal and interest 436 on the Series 2010C Bonds, as the same respectively become due, the full faith, credit and taxing powers 437 of the City shaLl be and aze hereby irrevocably pledged. If the balance in the special account relating to 438 the 5eries 2010C Bonds in the Debt Service Fund (as defined in paragraph 16 hereot� is ever insufficient 439 to pay all principal and interest then due on the Series 2010C Bonds payable therefrom, the deficiency 440 shall be promptly paid out of any other funds of the City which are available for such purpose, including 441 the general fund of the Ciry and the Debi Service Fund and the special accounts therein, and such other 442 funds may be reimbursed with or without interest from the special account in the Debt Service Fund 443 relating to the Series 2010C Bonds when a sufficient balance is available therein. 4A4 22. Certificate of Registration. The Director, Office of Financial Services, is hereby directed 445 to file a certified copy of this Resolution with the officer of Ramsey County, Minnesota, perfomung the 446 functions of the county auditor (the "County Auditox"), Yogether with such othei informarion as the A47 Counry Auditor shall require, and to obtain the County Auditor's certificate that the Series 2010C Bonds 448 have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been 449 made. 450 451 452 453 454 455 456 457 23. Recocds and Cenificates. The officeis of the City aze hereby authorized and directed to prepaze a�d fiunish to the Purchaser, and to the attorneys approving the legality of the issuance of the Series 2010C Bonds, certified copies of all proceedings and records of the City relating to the Series 2010C Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as aze xequired to show the facts relating to the legality and marketability of the Series 2010C Bonds as the same appear from the books and records under their custody and control or as otherwise lrnown to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 12 10-154 458 24. NeQOtiated Sale. The City has retained Sprinasted Incorporated as an independent 459 financial advisor, and the City has heretofore determined, and hereby determines, to sell the Series 2d10C 460 Bonds by private negotiation, all as provided by Minnesota Stamtes, Section 475.60, Subdivision 2(9). 461 25. Continuina Disclosure. The City is an obligated person with respect to the Series 2010C 462 Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), 463 promuigated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities 464 Exchange Act of 1934, as amended, and a Continuing Disclosure Certificate (the "Undertaking") 465 hereinafrer described, to: 466 (a) Provide or cause to be provided to the Repository, certain annual financial information 467 and operating data in accordance with the Undertaking. The City resetves the right to modify from time 468 to time the terms of the Undertaking as provided therein. 469 (b) Provide or cause to be provided, in a timely manner, to the Repository notice of the 470 occurrence of certain material events with respect to the Series 2010C Bonds in accordance with the 471 Undertaking. 472 (c) Provide or cause to be provided, in a timely manner, to the Repository notice of a failure 473 by the City to provide the annual Financial informafion with respect to the City described in the 474 Undertaking. 475 The City agrees that its covenants pursuant to the Rule set forth in this paragraph 25 and in the 476 Undertaking are intended to be for the benefit of the Holders of the Series 2010C Bonds and shall be 477 enforceable on behaif of such Holders; provided that the right to enforce the provisions of these covenants 478 shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. 479 The Mayor and Director, Office of Financial Services, or any other officers of the City authorized 480 to act in their stead (the "Officers"), are hereby authorized and directed to execute on behalf of the City 481 the Undertaldng in substantially the form presented to the City Council, subject to such modifications 482 thereof or additions tbereto as aze (i) consistent with the requirements under the Rule, (ii) required by the 483 Purchaser, and (iii) acceptable to the Officers. 484 26. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be 485 invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or 486 provision shall not affect any of the remaining provisions of this resolution. 4$7 27. Headines. Headings in this resolution are included for convenience of reference only and 488 are not a part hereof, and sha11 not limit or define the meaning of any provision hereof. (The remainder of this page is intentionally left blank.) 13 10-154 Adoption Cecri Cou : Secretary By: � Appcoved by n <yor e (g By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 10-154 FS —Financiai 02 FEB 2010 Green Sheet NO: 3097636 Co�tacf Person & Phone: Bob C�eurs 286-8837 Must Be on Council Ftiqenda by (Date): iar�s-�o Doc. 7ype: RESOLUTION W/S TRAPJSACTION EAncument Required: N Document Contact: Bob Geurs Contact Phone: 266-8837 � Assign Number For Routing Order Total # of Signature Pages ` (Clip All Locations for Signature) Action Requested: Hxecute attached resolurian accepting proposal on sale of G.O. Sireet Improvement Special Assessment bonds, Series 2010C, providing for their issuance and levying a tati for the payment thereof. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Comracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person(firm possess a skili not normaliy possessed by any curcent city employee? Yes No Explain ati yes answers on separate sfieet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): The bonds are part of the 2010 winter bond sale. City Council gave preliminary approval on 1l20110 CF #10-45 AdvantageslfApproved: The bonds will be sold DisadvantageslfApproved: None Known DisadvanW ges If Not Approved: Bond proceeds will not be available as a financing source Totai Amount of Sransaction: Funding Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number: Februarv 2. 2010 9:3p AM pa�P '� 10-154 EXFIIBIT A FORM OF SERIES 2010C BODtD STATE OF MINNESOTA RAMSEY COUNTY CITY OF SAINT PAUL � $ TAXABLE GENERAL OBLIGATION STREET IMPROVEMENT SPECIAL ASSESSMENT BOND, SERIES 2�1aC (BUII.D AMERICA BONDS — DIItECT PAY) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSiIE CUSIP March 3, 2010 REGISTERED OWNER: CEDE & CO. PRINCII'AT. AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that che Ciry of Saint Paul, Ramsey County, Minnesota (the "Issuer" or "City"), certifies that it is indebted and for value received promises to pay to the registered owner specified above or on the certificate of registration below, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for eazlier redemption, and to pay interest thereon semiannually on May 1 and November 1 of each yeaz (each, an"Interest Payment Date"), commencing November 1, 2010, at the rate per annum specified above (calculated on the basis of a 360-day yeaz of twelve 30-day months) until the principal sum is paid or has been provided for. This Series 2010C 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 Series 2010C Bond are payable in same-day funds by 2:30 p.m., Eastern time, upon presentation and surrender hereof at the principal office of the Treasurer of the City in Saint Paul, Minnesota (the `Bond Registrar"), acting as paying agent, or any successor paying agent daly appointed by the Issuei; provided, however, that upon a partial redemption of this Series 2010C Bond which results in the stated amount hereof being reduced, the Holder may in its discretion be paid without presentation of this Series 2010C Bond, which payment shall be received no later than 2.30 p.m., Eastern time, and may make a notation on the panel provided herein of such redemption, stating the amount so redeemed, or may retum the Series 2010C Bond to the Series 2010C Bond Registrar in exchange for a new Series 2010C Bond in the proper principal amount. Such notation, if made by the Holder, shall be for reference only, and may not be relied upon by any other person as being in any way deternunative of the principal amount of trds Series 2010C Bond outstanding, unless the Bond Registrar has signed the appropriate column of the panel. Interest on this Series 2010C Bond will be paid on each Interest Payment Date in same-day funds by 2:30 p.m., Eastern time, to the person in whose name this Series 2010C Bond is registered (the "Holder" or `Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendaz month preceding such Interest Payment Date (the "Regulaz Record Date"). Interest payments shall be received by the Holder no later than 2:30 p.m., Eastern time; and principal and premium payments shall be received by the Holder no later than 2:30 f_61 10-154 p.m., Eastern time, if the Series 2010C Bond is surrendered for payment enough in advance to permit payment to be made by such time. Any interest not so timely paid shall cease to be payable m the person who is the Holder hereof as of the Regulaz 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Series 2010C Bond are payable in lawful money of the United States of America. Date of Payment Not Business Day. If the date for payment of the principal of, premium, if any, or interest on this Series 2010C Bond shall be a 5aturday, Sunday, legal holiday or a day on which banking institutions in the City of New York, New York, or the city where the principal office of the Bond Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authodzed to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Oational Redemption. All Series 2010C Bonds of this issue (the "Series 2010C Bonds") maturing afrer May 1, 2020, are subject to redemption and prepayment at the option of the Issuer on such date and on any day thereafter at a price of paz plus accrued interest. Redemption may be in whole or in pazt of the Series 2010C Bonds subject to prepayment. If redemption is in part, those Series 2010C Bonds remaining unpaid may be prepaid in such order of maturity and in such amount per maturity as the City shall deternune; and if only part of the Series 2010C Bonds having a common maturity date aze called for pregayment, this Series 2010C Bond may be prepaid in $5,0�0 increments of principal. iFOR TERM BOI3DS - Scheduled Mandarory Redemption. This Series 2010C Bond is subject to scheduled mandatory redemption through operation of a sinking fund as provided for in the Resolution.] Due Date. Series 2010C Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of Redemotion. Mailed noCice of redemption shall be given to Che paying agent (if other than a City officer) and to each affected Holder of the Series 2010C Bonds. In the event any of the Series 2010C Bonds aze called for redemption, written notice thereof will be given by first class mail mailed not less than thirty (30) days prior to the redemption date to each Holder of Series 2010C Bonds to be redeemed. In connection with any such notice, the "CUSIP" numbers assigned to the Series 2010C Bonds shall be used. Issuance: Pumose: General Obli�ation. This Series 2010C Bond is one of an issue in the total principal amount of $12,500,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Series 2010C Bond has been issued pursuant to and in full confornuty with tha Constitution and laws of the State of Minnesota and the Charter of the Issuer, and pursuant to a resolution adopted by the City Council of the Issuer on Febmazy 10, 2010 (the "Resolution"), for the purpose of providing money to finance the wnsuvction of various street improvements in the City. This Series 2010C Bond is payable out of a special account relating to the 5eries 2010C Bonds in the General Obligation Special Assessments — Streets Debt Service Fund of the Issuer. This Series 201�C Bond constitutes a genecal obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the f� 10-154 same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby urevocably pledged. Denominations: Resolution. The Series 2010C Bonds are issuable originally only as fully reo stered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity. Reference is hereby made to the Reso]ution for a description of the rights and duties of the Registrar. A copy of the Resolution is on file in the principal office of the Registraz. Transfer. This Series 2010C Bond sha11 be rea stered in the name of the payee on the books of the Issuer by presenting this Series 2010C Bond for registration to the Registrar, who will endorse its name and note the date of registration opposite the name of the payee in the certificate of registration anached hereto. Thereafter this Series 2010C Bond may be transferred by delivery with an assigiment duly executed by the Holder or its legal representatives, and the Issuer and Registrar may treat the Holder as the person exclusively entitled to exercise all the rights and powers of an owner until this Series 2010C Bond is presented with such assig�ment 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 hereon by the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with, or notice to, the Registrar. Transfer of this Series 2010C Bond may, at the direction and expense of the Issuer, be subject to certain other restrictions if required to qualify this Series 2010C Bond as being "in registered form" within the meaning of Section 149(a) of the Internal Revenue Code of 1986, as amended. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any t� or other govemmental chazge payable in connection with the transfer or exchange of this Series 2010C Bond and any legal or unusual costs regarding transfers and lost Series 2010C Bonds. Treatment of Reeistered Owner. The Issuer and Bond Registraz may treat the person in whose name this Series 2010C Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided with respect to the Record Date) and for all other purposes, whether or not this Series 2010C Bond shall be overdue, and neither the Issuer nor the Bond Registraz shall be affected by notice to the contrary. Authentication. This Series 2010C Bond shall not be valid or become obligatory for any purpose or be entifled to ariy security unless the Certificate of Authentication hereon shall have been executed by the Bond Registraz. TT IS HEREBY CERTIFIEED AND RECITED that all acts, conditions and things required by the Consutution and laws of the State of Minnesota and the Charter of the Issuer to be done, to happen and to be performed, precedent to and in the issuance of this Series 2010C Bond, have been done, have happened arid have been performed, in regulaz and due form, time and manner as required by law, and that this Series 2010C Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on the date of its issuance and delivery to the original purchaser, does not exceed any constiturianai or statutary or Chazter limitation of indebtedness. A-3 10-154 IN WTI'NESS WHEREOF, the Ciry of Saint Paul, Ramsey County, Minnesota, by its City Council has caused this Series 2010C Bond to be sealed with its official seal and to be executed on its behalf by the facsimile signamre of its Mayor, attested by the facsimile signamre of its Clerk, and countersigned by the facsimile signature of its Director, Office of Financial Services. CITY OF SAINT PAUL, RAMSEY COUNTY, NIINNESOTA Mayor, Assistant Mayor, or Designee Attest: City Clerk Countersigned: Director, Office of Financial Services or Designee �1 10-154 CERTIFICATE OF AUTHENTICATION This is one of the Series 2010C Bonds delivered pursuant to the Resolutions mentioned within. CITY OF SAINT PAUL, MINNESOTA � City Treasurer A-5 10-154 ASSIGNMENT For value received, the undersio ed hereby sells, assia s and transfers unto the within Series 2010C Bond and all rights thereunder, and does hereby iRevocably constitute and appoint attorney to transfer the said Series 2010C Bond on the books kept for registration of the within Series 2010C Bond, with full power of substitution in the premises. Dated: Notice: The assignor's sia ahare to this assignment must correspond with the name as it appeazs upon the face of the within Series 2010C Bond in every particulaz, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guazanteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock EYChange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition 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 transfer of this Series 2010C Bond unless the information concerning the assignee requested below is proeided. Name and Address: (Include information for all joint owners if this Series 2010C Bond is held by joint account.) Please insert social security or other identifying number of assignee (The remainder of this page is intentionally left blank.) � 10-154 n: : Saint Paul City, Minnesota Taxable General Obligalaion Street Improvement Special Assessment Bonds Series 2010C (Build America Bonds - Direct Pay) TERMS AND CONDII`IONS Tme Interest Cost I�et of BAB credit for the Series 2010C Bonds: 3.2485023�7c The Series 2010C Bonds shall marure on the dates arid in ihe principal amounts set forth below: Maturity Principal Amount Interest Rate Yield Price May 1, 2011 November 1, 2011 May 1, 2012 November 1, 2012 May 1, 2013 November 1, 2013 May 1, 2014 November l, 2014 May 1, 2015 November 1, 2015 May 1, 2016 November 1, 2016 May 1, 2017 November 1, 2017 May 1, 2018 November 1, 2018 May 1, 2019 November 1, 2019 May 1, 2020 November 1, 202Q* $250,000 255,000 255,000 255,000 255,OQ0 260,a�a 260,000 265,000 265,000 270,000 275,000 275,000 280,000 285,000 290,000 290,000 295,000 300,000 305,000 310,0�0 0.80%0 1.25 1.40 1.70 1.85 2.25 2.40 2.70 2.85 3.10 3.25 3.45 3.60 3.85 4.05 4.20 4.25 435 4.40 4.45 0.80% 125 1.40 1.70 1.85 2.25 2.40 2.'70 2.85 3.10 3.25 3.45 3.60 3.85 4.05 4.20 4.25 A35 4.40 4.45 $635,000 4.65% Term Bond due November 1, 2021* Price of 100.00% Pavment Date May l, 2021 November 1. 2021*x '�Priced to the Optional Redemption Date of May L, 2020. "xStated Maturity Princioal Amount $315,000 32Q000 � 100.00% 100.00 100.00 100.00 100.00 100.�0 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 1Q0.00 lOQ.00 10-154 $655,000 4J5% Term Bond due November 1, 2022" Price of 100.00%a Pa�ment Date Principal Amount May 1, 2022 $325,000 November 1, 2022"" 330,000 $68Q000 4.85% Term Bond due November 1, 2023" Price of I OO.00�Io Pavment Date Principal Amount May 1, 2023 $335,000 November 1, 2023�" 345,000 $705,000 4.95% Term Bond due November 1, 2024* Price of 100.00% PavmenC Date Princioal Amount May 1, 2024 $350,000 November 1, 2024M* 355,000 $725,000 5.15% Term Bond due November 1, 202�* Price of 100.00% Pavment Date Principa( Amount May 1, 2025 $36Q000 November 1, 2025** 365,000 $755,000 535% Term Bond due November 1, 2026x Price of 100.00% Payment Date Frinci� Amount May 1, 2026 $375,000 November 1, 2026** 380,000 '�`Priced to the Optional Redemption Date of May 1, 2020. �*Stated Matunry � 10-154 $78QQ�Q 5.45% Term Bond due November 1, 2027* Price of 100.00% Pavment Date May 1, 2027 November l, 2027x" PrinciQal Amount $385,000 395,000 �805,000 S.SS�Io Term Bond due November 1, 2028* Price of 100.00�/c Pavment Date May l, 2028 November l, 2028*x Princioal Amount '.� 11 11/ �/ 1 1 $1,265,000 5.75% Term Bond due November 1, 2030* Price of 100.00% Payment Date May 1, 2029 November 1, 2029 May 1, 2030** *Priced to the Optional Redermgtian Date of May 1, 2Q20. *"Stated Ma[uriry Principal Amount $415,000 42Q000 430,000 � 10-154 ��IT c PROPOSALS � Springsted $13,500,0011° Spnngsted irwo(poreted 380 Jackson Street SuRe 300 Samt PauL MN 551 0 5-2887 Te( 651-2233000 Fax_ 65L223-9D02 £matl. ad�nscrs�,springstedcom www sprin9sted_com CI7'Y O� SAINT PAUL, b[INA�SOT9 TAXABLE GENEIUL OBL[GATION STREET IbiPROVE1iEVT SPECI.4I. ASSESS�(EYT BONDS, SE12[ES 201QC (BCiILD.1.ti1ERIC�1 BO\'DS - DII2ECT P:AI� (BOOI{ ENTRY OVI,]� A�y:ARD: CE��aA M&I M.ARSI�LSLL & ILSLEY BAhR STERNE, AGEE & LEACH. INC. CRONTV & COMPAhY. INC. (Taxable) MS�I WARSN.4LL & II.SLEY BA,VK STSRVE, AGEE & LEACR, INC. CROY[iV & CONIPA.A'Y, INC. February 10, 2010 1�loodv`s Rating: 9a2 Standard & PooPs Ra[iag: AAA Interest Net [nterest 1t�ue [ntecest Rates Price Cost Ra[e 0 80�70 571/2011 $12,381,806.25 57,227,757.89 4.9241% 1:L5°k IU1R011 t.40�i 5/1/2012 Net of BAB Credit: $A,739,41Q.62 31480:6 F90°k 11/1/2012 1.85% 5lt/2013 22�90 i11U2013 2.40% 511l20t4 2.70% 11/1/2014 2_8�`.� 5/1l2015 3.10% 1111/20F5 3.25°h Slll?016 3.45% Illll2016 3.W9 5l1/?All 3.&5°k IlitYl017 4_0�9 SQ1201S 420% lll12018 d.2�% 5/1/2019 4.35Y Illl/2019 4.40`7� Sil/202D a.as� yi;v2azo as5'�o snr2o21-ilrirzo2t 4.75% 511/2022-i1/112022 4.85`k Si12023-11/12023 4.95�k 5l12024-II/I/20�4 5.15°k Sill2025-II11120?S 5.359 St1i2�26-1t(L/2Q?6 5.45% 511l2027-1U1l2027 5559c 5/1/2028-11/112208 5.759 S71I2024-i/1/3030 (Continued) Pubiic Sector Advisors C-1 10-154 Interest Net Interest True Interest Bidder Rates Price Cost Rate \ORTHL.4ND SECt7RI"IIES BERNARD3SECURITIES.I\CORPORATED DOUGHERI'Y & CObiPANY LLC tihI1'ED B.4:tiKERS' BANK fTa�abie) OJS�C 1.W9c I.ZD`k 1.409 1.6D9 1.90 � 2.75 � ?.609 2.75 � ?.90 � 3.?5 � 3.40� 3.60 � 3.70� 3.90'� 4_105 4.7A% 4 309 4.40% 4.509 4 G5 � 4.807 4.90`7c S.00�b 5.209c 5.4090 5.50 � 5.6D� 6.00� Sill2011 512,375,000.00 3730&OS119 ll1112011 5/112012 Net Of BAB Credit 54,794,00'5.93 I1/1/2012 5/112013 11/172013 5!I!2014 11lI/2014 5f1/2015 i t/U?A15 5/1/2016 i1t112016 5!I/2017 I1/1/2017 5i1i2018 11/112018 5lS12019 11/1/2019 5f11201A illl/2020 5l1/202t-11/112021 511J2022-111112Q22 5/I/2023-11/113023 5/t2024-11/1/2024 5J1/202�-11i1/2025 5/1/2026-llJl/7A26 51112027-11/113027 S1t12028-11I1l202& 5!I!2024-5l12030 4.97Q8 % 3?82290 PIPER tAFFRAY & CO. 2.009 5l112 0 11-1 1/I/ZAl2 �13,11Q510.85 $5,433,774.71 3�914% (Taz-Exempt} 2.50% 5f1/2613-ll1112014 3.0090 5l1/201�-5/1/2018 4.00% 11/12018-i1/I/2023 5.00� SI1R024-11i1/2027 4.0090 5/112028-5/1�2030 -"--------'----'---'--------'--------°----'-------------"-------'-------'-------------------"'__'—'------'---'-'-'—'--'----- These Bonds are bzing reoffered ac Par. BBI: 4.36`70 Avera;e Mamriry: I1.602 Years � Subsequenr ro bid opening, tite issae szce ivas iwi rhnngerl. C-2 10-154 SA385-22 (BWJ) 363406v.6 Year 2009 2010 2011 2�12 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 EXI�IBIT D TAX LEVY Collection Year 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Levy Amount $220,638.97 872,172.05 882,995.55 888,405.20 89Q734.68 895,613.03 892,562.56 897,446.16 888,667.95 888,466.93 886,491.40 8&2,26625 876,224.60 878,859.89 868,867.61 861,765.46 851,617.00 84A,319.29 829,365.76 816,539.80 D-1