The URL can be used to link to this page

Home My WebLink About1986 08-07 Special Meetings 4 r t AGENDA Maplewood City Council 5:00 P.M., Thursday, August 7, 1986 Municipal Administration Building Meeting 86 -19 (A) CALL TO ORDER (B) ROLL CALL p (C) APPROVAL OF MINUTES r � (D) APPROVAL OF AGENDA (E) CONSENT AGENDA 17A (F) PUBLIC HEARINGS (G) .AWARD OF BIDS 1. General Obligation Improvement Bonds 2. General Obligation Tax Increment Bonds (N) UNFINISHED BUSINESS (I) NEW BUSINESS 1. Data Processing Needs Report r MEMORANDUM TO: City Manager FROM: Finance Director RE: Bid Award on Bond DATE August 4, 1986 f r ke�� Issues On June 23rd, the Council scheduled a speci Council meeting for 5:00 P.M. on August 7th to award the bids on two bond issues. These bond issues are $3,265,000 of General Obligation Improvement Bonds and $2,490,000 of General Obligation Tax Increment Bonds. The bids on these bonds are scheduled to be opened at 1:00 P.M. on Thursday, August 7th. A recommendation regarding the bid award w i l l be made at the Council meeting by the City's bond consultant, Dan Hartman of Miller & Schroeder Financial, Incorporated DFF:1nb Toll Free Minnesota (800) 862 -6002 Toll Free Other States (800) 328 -6122 Northwestern Financial Center ■ 7900 Xerxes Avenue South ■ P.O. Box 789 ■ Minneapolis, Minnesota 55440 (612) 831 -1500 MULTS OF SALE - AUGUST 7, 1986 BID OPENING 1:00 p.m. AWARD 5:00 p.m. RE: City of Maplewood, Minnesota $3,265,000 General Obligation Improvement Bonds of 1986 RATING: Al Moody's Investors Service, Inc. AA- Standard & Poor's Corporation, Inc. BIDDERS The First National Bank of St. Paul Norwest Investment Services Paine Webber, Inc Cronin & Company, Inc. First Bank Minneapolis Juran & Moody, Inc. Craig- Hallum, Inc. Miller Securities, Inc. Moore, Juran & Company, Inc. Robert W. Baird & Company, Inc. Robert S.C. Peterson, Inc. Exchange State Bank, Maplewood Branch - In Association With - Piper, Jaf fray & Hopwood, ,Inc American National Bank & Trust Company Allison - Williams Company E. F. Hutton & Company, Inc. Marquette Bank Minneapolis M. H. Novick & Company, Inc. - In Association With - Dain�Bosworth Inc Merrill Lynch, White Weld Capital Markets Dougherty, Dawkins, Strand & Yost, Inc. RATES 5.40% - 1989 5.70 -1990 6.00 - 1991 6.20 -1992 6.40 -1993 6.60 - 1994 6.80 - 1995 7.00 - 1996 7.10 - 1998 7.25 -1998 7940 -1999 7950 -2000 7.50 -2001 7.60 -2002 7.60 -2003 7.70 -2004 7.70 -2005 7.70 -2006 PRICE $3,207,862.50 N,I.C. 7.4372% ($2,674,235.00) Headquarters: Minneapolis, Minnesota Branch Offices: Solana Beach, California • St. Paul, Minnesota • Milwaukee, Wisconsin • San Francisco, California Member of the Securities Investor Protection Corporation Continental Illinois National Bank and Trust Company of Chicago Smith Barney, Harris Upham & Company, Inc Shearson Lehman Brothers, Inc Blunt, Ellis & Loewi, inc 5.50% - 1989 $3,212,760.00 5.75 - 1990 6.00 -1991 6.20 - 1992 6.40 - 1993 6.60 - 1994 6.80 - 1995 7.00 - 1996 7.20 -1997 7.30 - 1998 7.40 -1999 7.50 -2000 7.60 -2001 7.65 -2002 7.70 -2003 7.75 -2004 7.80 -2005 7.80 -2006 ALL BONDS REOFFERED AT PAR 7.47713916 ($2,688.597.50) Toll Free Minnesota (800) 862 -6002 Toll Free Other States (800) 328 -6122 M a l er 0 Sclar oeder inanc 1 "[ �i'�v'r . eu._vssmc�,�memv =aa ° z�.n -r - ...-ic -�- �mc — +ad ova. ss. vans.. uc. a, a>> c. a.,,._. crr.. �- r. .ars�r.��nzcnrs�mnrrrunmvisa�.�c a - a:af.,. c - wu -- a�� Northwestern Financial Center ■ 7900 Xerxes Avenue South ■ P. O. Box 789 ■ Minneapolis, Minnesota 55440 (612) 831 -1500 MULTS OF SALE - AUGUST 7, 1986 BID OPENING 1 :00 p.m. AWARD 5:00 p.m. RE: City of Maplewood, Minnesota $2,490,000 General Obligation Tax Increment Bonds of 1986 RATING: Al M oody's Investors Service, Inc. AA- Standard & Poor's Corporation, Inc. BIDDERS RATES PRICE N.I.C. The First National Bank 5.40% - 1989 $2 of St. Paul 5970 - 1990 Norwest Investment Services 6.00 - 1991 Paine Webber, Inc 6:20 - 1992 Cronin & Company, Inc. 6.40 - 1993 First Bank Minneapolis 6.60 - 1994 Juran & Moody, Inc. 6.80 - 1995 Craig- Hallum, Inc. 7.00 - 1996 Miller 'Securities, Inc. 7.10 - 1998 Moore, Juran & Company, Inc. 7.25 - 1998 Robert W. Baird & Company, Inc. 7.40 - 1999 Robert S.C. Peterson, Inc. 7.50 -2000 Exchange State Bank, 7.50 -2001 Maplewood Branch - In Association With - Piper, Jaf f rav & Hopwood. Inc. American National- Bank & Trust Company Allison - Williams Company E. F. Hutton & Company, Inc. Marquette Bank Minneapolis M. H. Novick & Company, Inc. In Association With - Dain Bosworth, Inc Merrill Lvnch, White Weld Capital Markets Dougherty, Dawkins, Strand & Yost, Inc. 7.1087% ($1,458,712.50) Headquarters: Minneapolis, Minnesota Branch Offices: Solana Beach, California • St. Paul, Minnesota • Milwaukee, Wisconsin • San Francisco, California Member of the Securities Investor Protection Corporation i Continental Illinois National ,Bank and Trust Company of Chica o Smith Barney, Harris Upham & Company, Inc Shearson Lehman Brothers, Inc Blunt, Ellis & Loewi, Inc 5.509 - 1989 5.75 -1990 6.00 - 1991 6.20 - 1992 6.40 - 1993 6.60 - 1994 6.80 - 1995 7.00 -1996 7920 - 1997 7.30 -1998 7.40 1999 7.50 -2000 7.60 -2001 $2,450,16.0.00 7.1460% ($1,466.360.00) ALL BONDS REOFFERED AT PAR 1 MEMORANDUM TO: FROM: RE DATE: City Manager Finance Director City Credit Ratings on 1986 Bond Issues August 7, 1986 I have been advised that the 1986 bond issues will be rated "A -1" by Moody's Investors Services and "AA -" by Standard and Poor's Corporation. The rating by Moody's represents an improvement over the "A" rating received on the last bond issue and is due primarily to the settlement of the 3M Corporation tax case in 1983. A representative of Standard and Poor's indicated that more diversity in employment, was needed to improve their credit for the City. The following is a comparison of credit ratings on the last four bond issues: Bond Moody's S &P Issue Date Ratin Rating 08 -01 -80 A -1 Not Rated 07 -01 -82 A Not Rated 05 -01 -83 A AA- 08 -01 -86 A -1 AA- Attached is a comparison of the rating Standard and Poor's. The "A -1" rating as upper medium quality. The Standard qualifies City bonds as hi q be eliminated in the future by further Moody,'s . scales used by Moody's and by Moody's qualifies City bonds and Poor's rating of "AA -" Hopefully this dispa can improvement i n the -- rating - by Also attached is a listing showing the distribution of Moody's ratings for the State of Minnesota as of May, 1984. Since bond ratings do not change very often, it i.s presumed that the data on this listing i s fairly accurate. It should be noted that an "A -1" rating puts Maplewood in the top 20 percent of the rati ngs for the State of Mi nnesota . - A representati ve of Mi 11 er and Schroeder, Inc. has estimated that the improved credit rating from Moody's will save approximately $ in interest costs o.n the 1986 bond issues. cc: Department Heads Finance Staff 7 IIt EVENSEN DODGE, INC. MINNESOTA STATE AUDI'TOR'S CONFERENCE ON CREDIT RATINGS /.MAY 3. 1984 F1 N A N C 1 A L CONSULTANTS NATIONAL CREDIT RATINGS OF STATE AND LOCAL GOVERNMENT DEBT Moodv Standard & Poor Tnvestnent Grade Aaa Aa -1 Aa A -1 A Baa -1 Baa Ba AAA Best Quality AA+ High Quality AA AA- A+ Upper Medium Quality A A- BBB+ Medium Grade Quality- BBB BBB- BB Speculative Elements MATERIALS PREPARED BY EVENSEN DODGE, INC. HOMER B. DODGE, PRESIDENT 3608 IDS Tower, Minneapolis Minnesota 55402 612/338 -3535 800/328 -8200 800/328 -8100 Minnesota DISTRIBUTION OF RATINGS FOR THE STATE OF MINNESOTA ss sas�csaa�as= assssss ss ssaa�asssss�es :s�assaessssaasa�aaasssssss RATING NUMBER , PERCENT OF TOTAL asssacacssssssssrsssss saes�sss =sssrr =aesss�sssssssss BONDS: 697 AAA RATINGS 12 197 AA1 RATINGS 7 1000 AA RATINGS 38 5.45 Al RATINGS 82 11.76 A RATINGS 286 41.0 3 BAA1 RATINGS 143 20.51 BAA RATINGS 122 17.50 BA1 RATINGS BA RATINGS B RATINGS CAA RATINGS CA RATINGS CON . (AAA) RATINGS CON. (AA) RATINGS CON. (A1) RATINGS 2 0.28 CON. (A) RATINGS 1 0.14 CON.(BAA1) RATINGS 1 0.14 CON (BAA) RATINGS 3 0.4 3 NOTES: 41 MIG 1 RATINGS 37 90.24 MIG 2 RATINGS 4 9.7 5 MIG 3 RATINGS MIG 4 RATINGS ,.� .', 5 -, -7 V- "I E 4 { I i i c E a 0 rl vim - �� O/ Al e 'oo'� - I' � or � All looll P ee eo '100o' 41 � doe 00, r a� F / s7 E 7 6 r r - � ^/ If �Ille_ ____ _7 eel �� __ Id _ s f S , 6 6 � t ..e e f e � 0 533W EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: AUGUST 7, 1986 Pursuant to due call and notice thereof , a special _ meeting of the City Council of the City of Maplewood,, Rams Y County, Minnesota, was duly called and held at the City Hall in said City on the 7th day of August, 1986, at 5:00 o'clock P.M. fo the purpose of considering bids for and awarding the sale of $3,265,000 General Obligation Improvement Bonds of 1986 of the City for which bids were received and opened at 1:00 P.M., Y Central Tim of the same day t the same lace in the Y presence P P of an official of the City. The following members were present: Acting Mayor Bastian, Counci lmembers Anderson, - Juker and Wasi l uk. and the following were absent Mayor Greavu, The Clerk presented affidavits showing publication of notice of call for bids on $3,265,000 General Obligation Improvement Bonds of 1986 of the City, for which bids were to be received- at this meeting, ''in accordance with the resolution adopted by the City Council on June 23, 1986. The -af f idav its were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on f i1e. The following bids were received: B idder Interest Rate Net Interest Cost See Attached The First National Bank of St. Paul Norwest Investment Services Paine Webber, Inc Cronin & Company, Inc. First Bank Minneapolis J uran & Moody, Inc. Craig- Hallum, Inc. Miller Securities, Inc. Moore, Juran & Company, Inc. Robert W. Baird & Company, Inc. Robert S.C. Peterson, Inc. Exchange State Bank, Maplewood Branch am In Association With - Piper, Jaf f ray & Hopwood, Inc American National Bank & Trust Company Allison - Williams Company E. F. Hutton & Company, Inc. Marquette Bank Minneapolis M. H. Novick & Company, Inc. - In Association With - 5.40% -1989 5.70 -1990 6.00 -1991 6.20 - 1992 6.40 - 1993 6.60 - 1994 6.80 -1995 7.00 - 1996 7.10 -1998 7.25 -1998 7.40 - 1999 7.50 -2000 7950 -2001 7.60 -2002 7.60 -.2003 7.70 -2004 7.70 -2005 7970 -2006 $3,207,862.50 Dain Bosworth, Inc Merrill Lynch, White Weld . Capital .Markets Dougherty, Dawkins, Strand & Yost, Inc. Continental Illinois National Bank and Trust Company of Chicago Smith Barney, Harris Upham & Company, Inc Shearson Lehman Brothers, Inc Blunt, Ellis & Loewi, Inc 5.50% - 1989 5.75 -1990 6.00 - 1991 6920 - 1992 6940 - 1993 6.60 - 1994 6.80 1995 7.00 -1996 7920 - 1997 7.30 -1998 7.40 -1999 7.50 -2000 7960 -2001 7.65 -2002 7.70 -2003 7.75 -2004 7.80 -2005 7.80 -2006 $3,212,760.00 7.437296 ($2,674,235.00) 7.47715 ($2,688.597.50) ALL BONDS REOFFERED AT PAR The Council then proceede to co cider and discuss Alderson the bids, after which member Courici member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $3,265,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986 PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: The First National Bank 1. The bid of of St. Paul ( the "Purchaser ") to purchase $3 General Obligation Improvement Bonds of 1986 of the City (hereinafter ref erred to as "Bonds" or individually as "Bond "), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and t'o pay therefor the sum of $ 3,207,862.50 , plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders, 2. The Bonds shall be dated August 1, 1986, as the date of original issue and shall be issued forthwith as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof. The Bonds shall mature on-February 1 in the years and amounts as follows: 1989 -1991 $180,000 1992 $185,000 1993 -1995 $180,000 1996 $185,000 1997 -1998 $180,000 1999 $185,000 2000 -2002 $18U 2003 $185,000 2004 -2005 $180,000 2006 $185,000 3. The Bonds shall provide funds for the construc- tion of various improvements ( the "Improvements") in the City. 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 herein authorized. Work on the Improvements shall proceed with due diligence to completion 4. The Bonds shall bear interest payable semi- annually on February 1 and August 1 of each year commencing August 1, 1987 at the respective rates per annum set forth opposite the maturity years as follows: Maturity Years 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Interest Rates 5.40% 5.70 6.00 6.20 6.40 6.60 6.80 7.0 7.10 7.25 7.40 7.50 7.50 7.60 7.60 7.70 7.70 7.70 59 All Bonds of this issue maturing in the years 1997 to 2006, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 1996 and on any interest payment date thereafter at par and accrued interest, Redemption may be in whole or, in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific' pec if is ' Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds, To effect a partial redemption of Bonds having a com- mon maturity date, the Bond Registrar prior to giving notice of 3 redemption, shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, numbers so assigned to such Bonds, as many numbers as,, a t $5,,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $ 5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar ( with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 69 First Trust Company, Inc., in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent ( 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. 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 registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: 4 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- GENERAL OBLIGATION IMPROVEMENT BOND OF 1986 INTEREST MATURITY RATE DATE REGISTERED OWNER: PRINCIPAL AMOUNT: DATE OF ORIGINAL ISSUE August 1, 1986 CUSIP KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota ( the "Issuer") , certi f ies 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 February 1 and August 1 of each year (each, an "Interest Payment Date ") commencing August 1, 1987 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 First Trust Company, Inc., in St. Paul, Minnesota, a corporation duly organized and validly existing under the laws of the State of Minnesota ( 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 5 appearing thereon at the close of business on the fifteenth day of the calendar month next 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special. Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the* United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this Bond, together with all other debts of the Issuer out standing on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does not exceed any constitutional or statutory limitation of indebtedness. _ IN WITNESS WHEREOF, the City of Maplewood , Ramsey County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the City Clerk,, the corporate seal of , the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: First Trust Company, Inc. Payable at: First Trust Company, Inc. BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Resolution. First Trust Company, Inc., Bond Registrar By Authorized Signature CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk 7 ON REVERSE OF BOND All Bonds of this issue maturing in the years 1997 to 2006, both inclusive,, are subject to redemption and prepayment at the option of the Issuer on February 1, 1996 and on any Interest Payment Date thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have . the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to the Holders of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date,, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed . The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $ 5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected, If a Bond is to be, redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 8 This Bond is one of an issue in the total principal amount of $3,265,000 all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution And laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 7, 1986 ( the "Resolution ") for the purpose of providing money to finance the construction of various improvements in the City and is payable out of the General obligation Improvement Bonds of 1986 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of other denominations in equal aggregate principal amounts and in authorized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar, This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal off ice of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regula- tions of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee ( but not registered in blank or to "bearer" or similar designation) , of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate, The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond . E The Issuer and the Bond Registrar may treat the .person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided ( except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written o.ut in full according to applicable laws or regulations: 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 UN I F GIFT MIN ACT Custodian ( Cust) ( Minor) under Uniform Gifts to Minors Ac t ( State) Additional abbreviations may also be used though not in the above list, 10 ASSIGNMENT For value received, assigns and transfers unto hereby -irrevocably constitute attorney to transfer the Bond registration thereof, with fu premises. the undersigned hereby sells , the within Bond and doe s and appoint on the books kept for the 11 power of substitution in the Da to d : Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: 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, The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided, Name and Address: incluae information for ail point owners if the Bond is held by joint account.) 11 89 The City may elect to deliver, in lieu of printed definitive bonds, a single typewritten temporary bond in substantially the form set forth above. The temporary bond shall, upon the printing of the definitive bonds and the execution thereof , be exchanged therefor and cancelled. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with „ the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or, other absence of either 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 either such officer whose signature .or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 9. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form here inabove 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, except that for purposes of delivering the original Bonds to the , Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 1986. The executed Certificate of Authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. The City will cause to be kept at the principal off ice of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 12 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary) , and the Bond Registrar shall authenticate,, insert the date of registration (as provided in paragraph 9 ) and deliver,, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "bearer" or similar designation, At the option of* the holder,, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar,, Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City, All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer, Every Bond presented or surrendered for transfer or exchange shall be duly . endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond . Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 13 He Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,, and to accrue o , which were carried by such other Bond. 12o Interest on any Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered ( the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such interest payment date ( the "Regular Record Date ") . Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date ( the "Special Record Date") fixed by the Bond Registrar whenever. money becomes available for payment of the defaulted interest . Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not. less than 10 days prior to the Special Record Date, 13. The City and the Bond Registrar may treat the person in whose name any Bond is registered as the .owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. The Bonds when so prepared and executed shall be delivered by the City Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof . 15. There is hereby created a special fund to be designated "General Obligation Improvement Bonds of 1986 Fund" ( the "Fund ") to be held and administered by the City Treasurer separate and apart from all other funds of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon have been fully paid.. There shall be maintained in the Fund two separate accounts to be designated the "Construction Account" and the "Debt Service Account" , respectively. The proceeds of the sale of the Bonds herein authorized, less any accrued interest received thereon, and less any amount paid for the Bonds in excess of $3,202,965, and less capitalized interest in the amount of $ 441 , 949 _ ( together with interest earnings thereon and subject to such other adjustments as are appropriate to 14 prov ide sufficient funds to pa interest due on the Bonds on or before August Au 1 1 87 � , 9 , plus any s assessment levied with respect to Improvements financed by th Bonds and collected prior to completion of the Improvements and payment of the costs thereof, shall be credited to the Construction Accoun , from which there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, 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; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the Bond proceeds 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 taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance ( other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429; and provided further that any special assessments credited to the Construction Account are hereby pledged and shall be used only to pay principal and interest due on the Bonds. There is hereby pledged and there shall be credited to the Debt Service Account (a) all collections of special assessments herein covenanted to be levied and either initially credited to the Construction Account and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $3,202,965; (d) capitalized interest in the amount of $ 441,949 ( tog ether with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 1987) (e) any collections of all taxes which may h ereafter be levied in the event that the special assessments herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; and (g) all investment earnings on funds held in the Debt Service Account, The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. Any sums f rom t ime to time held in the Debt Service Account in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a 15 yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. In addition, money in the Account shall not-be vested 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 Bonds to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended. 16. It is hereby determined that no less than 100% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475..58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not here- tofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts and will do and perform as soon as they may be done, all, acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto; the City and this Council will.forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475-55, Subdivision 3, the special assessments are hereby authorized, except for improvement projects 83 -U7, 84 -U4, 85 -U4 and 85 -07 which were heretofore authorized on July 14, 1986, July 8, 1985, July 14, 1986 and July 14, 1986, respectively, all at the rate of ten percent (10.00%) per annum, Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general.taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law ( which maximum rate is hereby assumed to be 10,C%) and not less than 9,0% per annum: 16 Improvement Designation 81 -20 McKnight Road (Highway 36 to Conway) 83 -01 Frost Avenue (Adele to Birmingham) 83 -07 Beaver Creek Storm Sewer 84 -04 McClelland Street Water Main 85-04 Ripley Avenue Water Main 85 -07 Crestview Drive and Hudson Place Water Main 85 -17 Southlawn - Beam to D 86-03 Water Service District #6 Improvements (Water Tower) 86 -04 County Road C - W. Highway 61 Water Main Amount Levy Years At the time the assessments are in fact levied the City Council shall, based on the then current estimated col- lections of the assessments, make any adjustments in any act valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds ( other than cash on hand). will produce' at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds., except for interest payable hereunder from cash on hand on the date of Bond closing and pledged for such purpose. For the prompt and full payment of the principal and interest on the Bonds, as the .same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain from the Auditor his certificate tna t the Bonds have been entered in the Auditor's Bond Register. 17 19 . The of f i ce rs of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known 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, 20. On the date this resolution is adopted, both the United States House of Representatives ( the "House ") and the United States Senate ( the "Senate ") have passed different versions of H.R. 3838 (to be cited as "H.R. 3838 ") . The House version of % H. R. 3838 proposes new rules applicable to bonds exempt frown federal, income taxation, to be rude retroactively effective for all bonds issued on or after January 1, 1986. On March 14, 1986, a joint statement was made by the ranking majority and minority members of the House, Ways and Means Committee, the Senate Finance Committee and Secretary of the Treasury James A. Baker III concerning certain provisions relating to the effective date of selective provisions of the House version of H.R. 3838 as it relates to certain essential function bonds. The joint statement stated the five indiv iduals are endorsing a selective postponement of the effective date of certain provisions and restrictions of H.R. 3838 to September 1, 1986, or until the enactment date of tax re norm leg i s.Laz ion, wn icnever occurs sooner. Tne apps icaoi e provisions of the Senate version of H.R. 3838 are not effective until date of enactment. Based on the joint statement and the delayed effective date of the Senate version of H.R. 3838, the City will not ccamiply with the provisions of H.R. 3838 for which the effective date has been or (under the joint statement) is to be postponed. However, because the joint statement does not postpone the effective date of the provisions of the House version of H.R. 3838 relating to the calculation of yield based on the issue price, the City shall comply with this -prov i s io n of the House version of H.R. 3838 in the form adopted on December 17, 1985, unless in the opinion of Bond counsel, such compliance is not necessary to maintain the tax - exempt status of the Bonds . In addition, to the extent that H.R. 3838 is enacted in a form different from either the House or Senate version of H.R. 3838 and imposes any requirements retroactively 18 effective to the time the Bonds are issued, its best of forts to meet such requirements, meeting such requirements, the City will do extent consistent with the purposes of this extent that there is a reasonable period of comply . the City shall use provided that in so only to the resolution, to the time in which to 21. In order to qualify the Ro nd s as "qualified project bonds" within the meaning of Section 802(e) (3) of the House version of H.R. 3838, the City hereby makes the following factual statements and representations: ( a) the City is a political subdivision and was in existence on October 23, 19 8 5 ; ( b) the reasonably anticipated amount of qualified • tax- exempt obligations which will be issued by the City during calendar year 1986 will not exceed $10,000,000; (c) the Bonds are being issued in calendar year 1986 and are not nonessential function bonds as defined in Section 141. of the House version of H.R. 3838; and (d) the Bonds are issued to provide project financing and the Bonds, together with any other bonds issued for the Project do not exceed $3,00.0,000; there fore, the City hereby designates the Bonds as "qualified prof -ect bonds" for the purpose of qualifying the Bonds as "qualified tax exempt obligations" pursuant to Section 8U3 (e) (3) of the House version of H.R. 38380 The motion for the adoption of the foregoing resolution was duly seconded by member Counci 1 member Juker and upon vote being taken thereon, the following voted in favor thereof: Acting Mayor Bastian, Council members Anderson, Juker and Wasi l uk: and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted, 19 E STATE OF MINNESOTA COUNTY OF RAMS E Y CITY OF MAPL EWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to opening' and considering bids for, and awarding the sale of $ 3 , 265 , 000 General Obligation Improvement Bonds of 1986 of said City. WITNESS my hand and the seal of said City this � . d a y o f 1986. Clerk (SEAL) 20