Loading...
HomeMy WebLinkAboutCC RES 09-038 RESOLUTION CALLING A HEARING FOR THE ARBORS ALLEY ROADWAY AND UTLITY IMRPOVEMENT PROJECT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioaozo Box: 31 Folder: RES 2009 Document: CC RES 09-038 RESOLUTION CALLING A HEARING FOR THE ARBORS ALLEY ROADWAY AND UTLITY IMRPOVEMENT PROJECT CITY OF ST.ANTHONY • RESOLUTION 09-038 A RESOLUTION CALLING A HEARING FOR THE ARBORS ALLEY ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to direction of the City Council of the City of St. Anthony, a report has been prepared with reference to the improvements: Arbors Alley Roadway and Utility Improvement Project This project consists of alley reconstruction,replacement of water main, and drainage improvements in the following locations: 1. Alley located immediately south of Croft Drive and west of Old Highway 8. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of St. Anthony: 1. The Council will consider the improvement of such alleyway and utilities in accordance with the report and the assessment of abutting property for the entire cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of$84,300. 2. A public hearing shall be held on such proposed improvements on the 26th day of . May 2009, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as possible, and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted this 92 `bay of 52009. e. iayor ATTEST: &QUR& City Clerk Reviewed for administration: ` City Manager • K:\0162642Wdmin\Resolutions\Resolution 09-038.doc • CERTIFICATION OF MINUTES RELATING TO $5,245,000 GENERAL OBLIGATION BONDS, SERIES 2009A Issuer: City of St. Anthony, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on April 14, 2009, at 7:00 o'clock P.M., at the City Hall. Members present: fa m,+l 6 Vey 1 ` t S1CCLL 1 u u Members absent: Iver- )- Documents attached: Minutes of said meeting (including): Pages 1 through 25 RESOLUTION 09- RESOLUTION RELATING TO $5,245,000 GENERAL OBLIGATION BONDS, SERIES 2009A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY • THEREOF AND SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. 1 WITNESS my hand officially as such recording officer this I day of April, 2009. W Ji I i U.t Barb Suciu, 04 Clerk 'a i It was reported that ( ) proposals had been received prior to 12:00 Noon, • Central Time today for the purchase of the $5,245,000 General Obligation Bonds, Series 2009A of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bidder Purchase Price Interest Rates Net Interest Cost (See Attached) O It was reported that ten G0 proposals had been received prior to 12:00 Noon, Central Time today for the purchase of the$5,175,000 General Obligation Bonds, Series 2009A of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bidder Purchase Price Interest Rates Net Interest Cost (See Attached) • BID TABULATION $5,245,000'' General Obligation Bonds, Series 2009A CITY OF ST. ANTHONY, MINNESOTA SALE: April 14, 2009 AWARD: RBC CAPITAL MARKETS RATING: Standard & Poor's"AA" BBI: 4.92% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE RBC CAPITAL MARKETS 2010 3.000% 1.000% $5,325,767.60 $1,397,801.70 3.2491% Minneapolis, Minnesota 2011 3.000% 1.200% 2012 3.000% 1.350% 2013 3.000% 1.750% 2014 3.000% 2.000% 2015 3.000% 2.250% 2016 3.000% 2.500% 2017 3.000% 2.750% 2018 3.000% 3.000% 2019 3.200% 3.200% 2020 3.400% 3.400% 2021 3.600% 3.600% 2022 3.750% 3.750% ® 2023 3.875% 3.875% 2024 4.000% 4.000% 2025 4.000% 4.086% 'Subsequent to bid opening the issue size was decreased to$5,175,000 with the 2010 maturity decreased $10,000 to$200,000,the 2011 maturity decreased $10,000 to$335,000, the 2012 maturity decreased $10,000 to$410,000, the 2013 maturity decreased$10,000 to$420,000, the 2014 maturity decreased$15,000 to$430,000 and the 2015 maturity decreased $15,000 to$445,000 in maturity value. Adjusted Price-$5,253,383.92 Adjusted Net Interest Cost-$1,392,795.38 Adjusted TIC- 3.2573% • www.ehiers-inc.com fy E H L E RS Minnesota phone 651-697-8500 3060 Centre Pointe Drive _t, LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville,MN 5511 3-11 22 $5,245,000 General Obligation Bonds, Series 2009A P j2 City of St.Anthony, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTET (February 1) YIELD COST R� WACHOVIA SECURITIES, LLC 2010 2.000% $5,221,056.55 $1,424,108.45 3.3400% Richmond, Virginia 2011 2.000% 2012 2.000% 2013 2.250% 2014 2.250% 2015 2.500% 2016 2.500% 2017 2.750% 2018 3.000% 2019 3.100% 2020 3.350% 2021 3.500% 2022 3.700% 2023 3.850% 2024 4.000% 2025 4.100% ROBERT W. BAIRD &CO. 2010 2.250% $5,260,284.30 $1,456,971.53 3.4007% Milwaukee, Wisconsin 2011 2.250% 2012 2.250% 2013 2.250% 2014 2.250% 2015 2.500% 2016 3.000% 2017 3.000% • 2018 3.000% 2019 3.250% 2020 4.000% 2021 4.000% 2022 4.000% 2023 4.000% 2024 4.000% 2025 4.000% STEPHENS INC. 2010 2.000% $5,254,860.05 $1,452,345.62 3.4030% Little Rock, Arkansa 2011 2.000% 2012 2.000% 2013 3.000% 2014 3.000% 2015 3.000% 2016 3.000% 2017 3.000% 2018 3.100% 2019 3.300% 2020 3.500% 2021 3.600% 2022 3.700% 2023 3.800% 2024 4.000% 2025 4.000% • $5,245.f'1 General Obligation Bonds,Series 2009A Page 3 City of 5L.Anthony, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE PIPER JAFFRAY& CO. 2010 2.500% $5,284,046.95 $1,458,846.83 3.4039% Leawood, Kansas 2011 2.500% 2012 2.500% 2013 2.500% 2014 3.000% 2015 3.000% 2016 3.000% 2017 3.250% 2018 3.250% 2019 3.500% 2020 3.500% 2021 3.625% 2022 3.800% 2023 4.000% 2024 4.000% 2025 4.125% UBS FINANCIAL SERVICES INC. 2010 2.000% $5,289,204.60 $1,464,132.90 3.4053% New York, New York 2011 2.000% 2012 2.000% 2013 2.500% 2014 2.500% 2015 3.000% 2016 3.000% 2017 3.000% 2018 3.250% 2019 3.500% 2020 3.750% 2021 4.000% 2022 4.000% 2023 4.000% 2024 4.000% 2025 4.250% CRONIN & COMPANY, INC. 2010 2.000% $5,295,980.75 $1,468,160.92 3.4151% Minneapolis, Minnesota 2011 2.000% 2012 2.500% 2013 2.500% 2014 2.500% 2015 3.000% 2016 3.000% 2017 3.000% 2018 3.500% 2019 3.500% 2020 4.000% 2021 4.000% 2022 4.000% • 2023 4.000% 2024 4.000% 2025 4.100% $5,245,000 General Obligation Bonds,Series 2009A Page 4 City of St.Anthony, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTE�T (February 1) YIELD COST R� NORTHLAND SECURITIES, INC. 2010 3.000% $5,288,369.50 $1,477,557.83 3.4480% Minneapolis, Minnesota 2011 3.000% 2012 3.000% 2013 3.000% 2014 3.000% 2015 3.000% 2016 3.000% 2017 3.000% 2018 3.000% 2019 3.400% 2020 3.600% 2021 3.700% 2022 3.900% 2023 4.000% 2024 4.100% 2025 4.200% BMO CAPITAL MARKETS GKST INC. 2010 2.250% $5,238,741.25 $1,495,134.68 3.5034% Chicago, Illinois 2011 2.250% 2012 2.250% 2013 2.500% 2014 2.625% 2015 2.750% • 2016 2.875% 2017 3.125% 2018 3.125% 2019 3.375% 2020 3.500% 2021 4.000% 2022 4.000% 2023 4.000% 2024 4.000% 2025 4.125% UMB BANK, N.A. 2010 1.100% $5,192,604.60 $1,520,438.73 3.5705% Kansas City, Missouri 2011 1.200% 2012 1.400% 2013 1.900% 2014 2.250% 2015 2.500% 2016 2.750% 2017 3.000% 2018 3.300% 2019 3.550% 2020 3.700% 2021 3.900% 2022 4.000% 2023 4.000% • 2024 4.150% 2025 4.250% • Tax Levy Calculation For. City of St. Anthony, Minnesota $5,175,000 General Obligation Bonds, Series 2009A Dated Date: 5/7/2009 Abatement Portion Only Levy Collect Pay Total P & I Net Year Year Year P &I x 105% Levy 2008 / 2009 / 2010 33,404.25 35,074.46 35,074.46 2009 / 2010 / 2011 45,551.26 47,828.82 47,828.82 2010 / 2011 / 2012 115,551.26 121,328.82 121,328.82 2011 / 2012 / 2013 118,451.26 124,373.82 124,373.82 2012 / 2013 / 2014 116,201.26 122,011.32 122,011.32 2013 / 2014 / 2015 118,951.26 124,898.82 124,898.82 2014 / 2015 / 2016 121,551.26 127,628.82 127,628.82 • 2015 / 2016 / 2017 124,001.26 130,201.32 130,201.32 2014 / 2015 / 2016 121,301.26 127,366.32 127,366.32 2017 / 2018 / 2019 123,601.26 129,781.32 129,781.32 2018 / 2019 / 2020 125,561.26 131,839.32 131,839.32 2019 / 2020 / 2021 127,161.26 133,519.32 133,519.32 2020 / 2021 / 2022 128,381.26 134,800.32 134,800.32 2021 / 2022 / 2023 129,256.26 135,719.07 135,719.07 2022 / 2023 / 2024 129,800.00 136,290.00 136,290.00 2023 / 2024 / 2025 130,000.00 136,500.00 136,500.00 Totals 1,808,725.63 1,899,161.91 1,899,161.91 * $41,819.56 was levied in 2008 for collection in 2009. � EHLERS & ASSOCIATES INC • COUNTY AUDITOR'S CERTIFICATE AS TO • REGISTRATION OF BONDS AND TAX LEVY CITY OF ST. ANTHONY, MINNESOTA 1, the undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota,hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009, awarding the sale, fixing the form and details and providing for the execution, delivery and security of$5,175,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds. I further certify that said Bonds have been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. S+ WITNESS my hand and official seal this day of KA 52009. • epm ounty Auditor (SEAL) DEPOTY COUNTY AUDITOR • COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS AND TAX LEVY CITY OF ST. ANTHONY, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Ramsey County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009, awarding the sale, fixing the form and details and providing for the execution, delivery and security of$5,175,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds. I further certify that said Bonds have been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. nn WITNESS my hand and official seal this day of ✓ ` A 32009. • Ramsey County Auditor (SEAL) • • DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds,or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede &Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede&Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede &Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(d)hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Redemption of Prior Bonds. Proceeds of the Bonds are irrevocably appropriated to pay and redeem the Prior Bonds on June 1, 2009. Section 5. Security Provisions. 5.01. 2009A Construction Fund. (a) There is hereby created a special bookkeeping fund to be designated as the "General Obligation Bonds, Series 2009A Street Construction Fund" (the"Street Construction Fund"), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Street Construction Fund (a) $2,563,302.74 of the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Street Construction Fund • shall be used solely to defray expenses of the Improvements and, including but not limited to the transfer to the Improvement Bond Fund , created in Section 5.02, hereof, of amounts sufficient -13- for the payment of interest and principal, if any,due upon the Improvement Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Street Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to Minnesota Statutes, Chapter 429, as directed by the City Council,but any balance of such proceeds not so used shall be credited and paid to the Improvement Bond Fund created in Section 5.02 hereof. (b) There is hereby created a special bookkeeping fund to be designated as the"General Obligation Bonds, Series 2009A Park Construction Fund"(the"Park Construction Fund"), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Park Construction Fund $1,330,450.01 of the proceeds of the sale of the Bonds. The Park Construction Fund shall be used solely to defray expenses of the Park Improvements and, including but not limited to the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Park Improvements, any balance remaining in the Park Construction Fund shall be credited and paid to the Tax Abatement Bond Fund created in Section 5.03 hereof. 5.02. 2009A Improvement Bond Fund. So long as any of the Improvement Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate and special bookkeeping fund designated "2009A Improvement Bond Fund" (the "Improvement Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Improvement Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. If the balance in the Improvement Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Improvement Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 5.03. 2009A Tax Abatement Bond Fund. So long as any of the Tax Abatement Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate and special bookkeeping fund designated "2009A Tax Abatement Bond Fund" (the "Tax Abatement Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Tax Abatement Bonds and on such other tax abatement bonds of the City as have been or may be directed to be paid therefrom. If the balance in the Tax Abatement Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Tax Abatement Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. • 5.04. 2009A Storm Sewer Bond Fund. The Storm Sewer Bonds shall be payable from a separate General Obligation Storm Sewer Bonds, Series 2009A Bond Fund (the "Storm Sewer -14- • Bond Fund"), which the City agrees to maintain until the Storm Sewer Bonds have been paid in full. If the moneys in the Storm Sewer Bond Fund should at any time be insufficient to pay principal and interest due on the Storm Sewer Bonds, such amounts shall be paid from other moneys on hand in other funds of the City, which other funds shall be reimbursed therefor from subsequent receipts of Net Revenues appropriated to the Storm Sewer Bond Fund and, if necessary, from the proceeds of the taxes levied for the Storm Sewer Bond Fund. The City Finance Director shall deposit in the Storm Sewer Bond Fund the proceeds of all taxes levied and all other money which may at any time be received for or appropriated to the payment of the Storm Sewer Bonds and interest, including the Net Revenues herein pledged and appropriated to the Storm Sewer Bond Fund, all collections of any ad valorem taxes levied for the payment of the Storm Sewer Bonds, and all other moneys received for or appropriated to the payment of the Storm Sewer Bonds and interest thereon. The City hereby covenants and agrees with the holders from time to time of the Bonds that,so long as any of the Storm Sewer Bonds are outstanding, the City will impose and collect reasonable charges for the service, use and availability of the System to the City and its inhabitants according to schedules calculated to produce net revenues which, will be sufficient to pay all principal and interest when due on the Storm Sewer Bonds and all other obligations payable from the Net Revenues. Net Revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of the Storm Sewer Bonds and interest thereon on a parity with the existing pledge of the Net Revenues to pay outstanding obligations of the City; provided that nothing herein shall preclude the City from hereafter making further pledges and appropriations of Net Revenues for the payment of additional obligations of the City • hereafter authorized if the City Council determines before the.authorization of such additional obligations that the estimated Net Revenues will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Storm, Sewer Bonds and paid therefrom and such additional obligations. Such further pledges and appropriations of said Net Revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made, as to the application of Net Revenues received from time to time. 5.05. 2009A State-Aid Street Bond Fund. The State-Aid Street Bonds shall be payable from a separate General Obligation State-Aid Street Bonds, Series 2009A Bond Fund (the "State-Aid Street Bond Fund"), which the City agrees to maintain until the State-Aid Bonds have been paid in full. The City hereby appropriates to the State-Aid Street Bond Fund the accrued interest on the State-Aid Street Bonds and any amounts transferred to the State-Aid Street Bond Fund from the City's account in the Municipal State-Aid Street Fund of the State of Minnesota. The Finance Director shall follow the procedure set forth in Minnesota Statutes, Section 162.18, Subdivision 4, for obtaining such funds. If at any time the moneys in the State-Aid Street Bond Fund should be insufficient to pay all principal and interest due on the State-Aid Street Bonds, the Finance Director shall nevertheless pay the same from any moneys on hand in the general fund of the City, and the moneys so used shall be restored to the general fund from the moneys next received by the City from the Construction or Maintenance Account in the Municipal State- Aid Street Fund of the State of Minnesota, which are not required for the payment of additional principal and interest. • -15- 5.06. Lew of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent(20%) of the cost of the Improvements. In the event that any such assessment shall 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 proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the aggregate principal amount of$531,000 payable in not more than 15 installments, the first installment to be collectible with taxes during the year 2009, and that deferred installments shall bear interest at the rate of not less than 5.25%per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 5.07. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Improvement Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Lever Collection Years Amount See attached levy calculation The taxes shall be irrepealable as long as any of the hnprovement Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 6. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they • are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, -16- w w v u p Z n o y � Rl 0000'oo 000000000000coo 0000 3 ,. y �= o N arn n wuNN�' oomm mm..Jm min In a awwN N o om , D o DD v_ 3 m f/f m m y � " m q OO O 0 0 ' 0000 o ' o ' $ o ' $ o ' o u m O O O O O O O O O O O O O y Z v o 0 0 $ 0 0 0 00 $ 0 0 o g o o m m D O C r a m 9 v 1 JJ'wools ln�ammo ao----- --m-_ - V - a mpmp app�p app ppb om 4mt �npp Dnp m ip OO ..........OTpl t00 tDm m A A L WL t�r L IIO�D IOp L>mmO ( 1.� O N 8.19.19999Oepo�m�b�wm�Y��ibmOooL a O� � � I I I I I I I I I I I I I I I I I I I I I I I I I I I• Y 7 6 O m A gy o - - Jply,�um rano lwilw b°o oa g g lO.ia m�w. . . . v� m� pp��y�.ommmmmm mm IIpp ..JJ� w am � b SSO OIOO D1mSmm>L L L L>mIODA L mlyp IOO IOp IOp IOD IUDN� O S SOSmmmmDommOmDommmmDomOmDommOO Oo Oo wm N o no m p NN p 6 $ T Co A r � IJ in iD W � mW IJ —_ •�•O O wm m m S m m m O O O S O y m m A T 01 OJf m T T m m N N San n Anl Jmc e G < < < < < < < < < C C C C C C J 0 y J m r a m o N 1mT OV b m+ W m N a m O M V m $m = O Q$ 0 8O oOp O 8O N N O fn pO o O N Op pO $ O O O S O $ O S O S O O $ O S Y Iy t,.�4� p j e J J J O O Y[J W m Y W N N W m O S N N A m S w � O O S S N N N U N N U N tJn N N N fT U N N N N N N N N N U N J D N O y fNil yNy� INJ N NN N N N N N N N mq � P L U O V J J m W U > m U 8 s w JJmm NNasy'uJJmmmm �(��' a + m }mom m (yn ul it m N OO (N�1 O m O 8 88 N O 00 � v y p 1 p• O fA U U1 O O !7 ^' {NppN>A hymy�nn�myynn ODmO mn 8 O�O NN pO pO tpJn pU Dpi O _ 0 S O S S O O O O O S 0 fJ V + O m b 8 $ 8 8 8 8 8 � •. s $$sssssss s o 9 � O m $ jj s m qkx Levy Calculation For. City of St. Anthony, Minnesota $5,175,000 General Obligation Bonds, Series 2009A Dated Date: 5/7/2009 Improvement Portion Only (2) (3) Levy Collect Pay Total Funds P & I Less: Net Year Year Year P & I Available(1) x 105% Spec Assmts Levy 2008 / 2009 / 2010 65,206.17 65,206.17 0.00 0.00 2009 / 2010 / 2011 228,917.50 240,363.38 52,025.87 188,337.51 2010 / 2011 / 2012 224,717.50 235,953.38 52,025.87 183,927.51 2011 / 2012 /,2013 225,517.50 236,793.38 52,025.87 184,767.51 2012 / 2013 / 2014 226,167.50 237,475.88 52,025.87 185,450.01 2013 / 2014 / 2015 226,667.50 238,000.88 52,025.87 185,975.01 • 2014 / 2015 / 2016 227,017.50 238,368.38 52,025.87 186,342.51 2015 / 2016 / 2017 227,217.50 238,578.38 52,025.87 186,552.51 2014 / 2015 / 2016 227,267.50 238,630.88 52,025.87 186,605.01 2017 / 2018 / 2019 227,167.50 238,525.88 52,025.87 186,500.01 2018 / 2019 / 2020 231,567.50 243,145.88 52,025.87 191,120.01 2019 / 2020 / 2021 230,277.50 241,791.38 52,025.87 189,765.51 2020 / 2021 / 2022 233,437.50 245,109.38 52,025.87 193,083.51 2021 / 2022 / 2023 235,937.50 247,734.38 52,025.87 195,708.51 2022 / 2023 / 2024 237,800.00 249,690.00 52,025.87 197,664.13 2023 / 2024 / 2025 234,000.00 245,700.00 52,025.87 193,674.13 Totals 3,508,883.67 65,206.17 3,615,861.38 780,388.05 2,835,473.33 (1) The following funds are available to pay the interest payment due February 1, 2010. Capitalized Interest $65,206.17 (2) Projected special assessment revenue based on $531,000 assessed at 5.25%. (3) Cashflow and levy needs should be reviewed annually to account for prepaid and/or delinquent assessments. EHLERS & ASSOCIATES INC • provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or said redemption date. Section 7. County Auditor Registration, Certification of Proceedings Investment of Money, Arbitrage and Official Statement. 7.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditors shall require, and to obtain from each County Auditor a certificate that the Bonds have been entered on his bond register and the taxes described in Section 5.07 hereof have been levied as required by law. 7.02. Certification of Proceedings. The officers of the City and the County Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be 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. 7.03. Covenant. The City covenants and agrees with the registered owners of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code") and Regulations promulgated thereunder(the"Regulations") as are enacted or promulgated and in effect on the date of issuance of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. The facilities financed by the Bonds shall at all times during the teen of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use agreement, management agreement, capacity agreement or other agreement or contract with any nongovermnental person relating to the use of the facilities financed by the Bonds, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. 7.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a govermnental unit with general taxing powers; • -17- (ii) the Bonds are not"private activity bonds" as defined in Section 141 of the • Code (Private Activity Bonds);ninety-five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iii) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds and any refunding bonds not taken into account under Section 148(f)(D)(iii) of the Code) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. Therefore,pursuant to the provisions of Section 148(f)(4)(C) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code with respect to the Bonds. 7.05. Interest Disallowance. The City hereby designates the Bonds as "qualified tax- exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2009 it does not reasonable expect to issue tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3)bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of$30,000,000, excluding any tax- exempt obligations which are refundings of a"qualified tax-exempt obligation"which are not taken into account for this purpose under Section 265(b)(3)(D)(ii) of the Code. 7.06. Official Statement. The Official Statement relating to the Bonds, dated April 2, • 2009, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. Ehlers & Associates, Inc., is hereby authorized of behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 8. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the"Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the • Outstanding Bonds. The City is the only"obligated person" in respect of the Bonds within the -18- • meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 8, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 8, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein,in no event shall a default under this Section 8 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 8, "Owner"or"Bondowner"means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any"Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner"means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 6 hereof; and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2008 the following financial information and operating data in respect of the City(the"Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City,prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such -19- • financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited,but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: • Current Property Valuations • Direct Debt • Tax Levies and Collections • Population Trend • Employment/Unemployment Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or • before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City detennines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. • -20- If the Disclosure Information is changed or this Section 8 is amended as permitted by this paragraph(b)(1) or subsection (d),then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the • securities; and (K) Rating changes. As used herein, a"Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact"is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 8 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); • -21- 0 (C) the termination of the obligations of the City under this Section 8 pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule(the"State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection(b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any • Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 8 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however, the obligations of the City under this Section 8 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 8 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 8 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect • that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, -22- • nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5) of the Rule; (ii) this Section 8 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 8 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank &Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. Mayor Attest: City Clerk • -23- • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Thuesen, and upon vote being taken thereon, the following voted in favor thereof: Faust, Gray, Stille, Thuesen and Roth; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. • • -24- Tax Levy Calculation For. City of St. Anthony, Minnesota $5,175,000 General Obligation Bonds, Series 2009A Dated Date: 5/7/2009 Abatement Portion Only Levy Collect Pay Total P & I Net Year Year Year P & I x 105% Levy 2008 / 2009 / 2010 33,404.25 35,074.46 35,074.46 2009 / 2010 / 2011 45,551.26 47,828.82 47,828.82 2010 / 2011 / 2012 115,551.26 121,328.82 121,328.82 2011 / 2012 / 2013 118,451.26 124,373.82 124,373.82 2012 / 2013 / 2014 116,201.26 122,011.32 122,011.32 2013 / 2014 / 2015 118,951.26 124,898.82 124,898.82 2014 / 2015 / 2016 121,551.26 127,628.82 127,628.82 • 2015 / 2016 / 2017 124,001.26 130,201.32 130,201.32 2014 / 2015 / 2016 121,301.26 127,366.32 127,366.32 2017 / 2018 / 2019 123,601.26 129,781.32 129,781.32 2018 / 2019 / 2020 125,561.26 131,839.32 131,839.32 2019 / 2020 / 2021 127,161.26 133,519.32 133,519.32 2020 / 2021 / 2022 128,381.26 134,800.32 134,800.32 2021 / 2022 / 2023 129,256.26 135,719.07 135,719.07 2022 / 2023 / 2024 129,800.00 136,290.00 136,290.00 2023 / 2024 / 2025 130,000.00 136,500.00 136,500.00 Totals 1,808,725.63 1,899,161.91 1,899,161.91 * $41,819.56 was levied in 2008 for collection in 2009. EHLERS & ASSOCIATES INC • ® COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS AND TAX LEVY CITY OF ST. ANTHONY, MINNESOTA I, the undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota,hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009, awarding the sale, fixing the fonn and details and providing for the execution, delivery and security of$5,175,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds. I further certify that said Bonds have been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. S+ WITNESS my hand and official seal this day of (,tt, 12009. epm ounty Auditor (SEAL) DENTY COUNTY AUDITOR COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS AND TAX LEVY CITY OF ST. ANTHONY, MINNESOTA I, the undersigned,being the duly qualified and acting County Auditor of Ramsey County, Minnesota,hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009, awarding the sale, fixing the form and details and providing for the execution, delivery and security of$5,175,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds. I further certify that said Bonds have been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. nn WITNESS my hand and official seal this day of d rlA , 2009. • Ramsey County Auditor (SEAL) •