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4.3. & 4.4. SR 07-28-1997~ty of ver Item~.3. & 4.4. MEMORANDUM TO: FROM: Mayor & City Council Lori Johnson, Asst. City Administrator/~ Finance Director DATE: July 28, 1997 SUBJECT: Resolution Providing for the Issuance and Sale of the City's $1,165,000 General Obligation Improvement Bonds, Series 1997A and the $335,000 General Obligation Water Revenue Bonds, Series 1997B Attached are resolutions awarding the sale of the city's $1,165,000 General Obligation Improvement Bonds and the $335,000 General Obligation Water Revenue Bonds which the Council authorized on June 30. Bids are being accepted until 10 a.m. on Monday, July 28. On Monday night Dave MacGillivray of Springsted will be at the Council meeting to present the bid results. At this point we are anticipating very favorable interest rates on both of these issues. Also attached is a copy of the Official Statement which was used in conjunction of the issuance of these two bonds. This document provides the rating agency, underwriters, and potential purchasers with a variety of financial, tax, growth, and employment information. Action Requested After presentation of the bids, the Council is asked to approve the two attached resolutions providing for the issuance and sale of the city's $1,165,000 General Obligation Improvement Bonds, Series 1997A and the city's $335,000 General Obligation Water Revenue Bonds, Series 1997B. \\elkriverXsysXshrdoc\council\gobonds.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 EXTRACT OF MINUTES OF A MEETING OF TEE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Elk River, Minnesota, was duly held in the Elk River City Hall on July 28, 1997, commencing at 6:00 P.M., C.T., in part for the purpose of considering the offers which had been received for the purchase of the City's $1,165,000 General Obligation Improvement Bonds, Series 1997A. The following Councilmembers were present: and the following were absent: There was then presented a tabulation of the offers which had been received in the manner specified in the Terms of Proposal for the Bonds. The offers were as follows: 358~. 1 then introduced the following Resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $1,165,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, Minnesota (the "City"), as follows: 1. Recitals. It is hereby determined: (a) That the assessable public improvements (the "Improvements") described in the Council's resolution of June 30, 1997, relating to these Bonds have been duly ordered by the City and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429. (b) That is it necessary and expedient to the sound financial management of the affairs of the City that the City issue its bonds pursuant to Minnesota Statutes, Chapters 429 and 475, to provide financing for the Improvements. (c) The Improvements and all their components have been ordered on or prior to the date hereof, after a hearing thereon (except where not required by law) for which mailed and published notice was duly given as required by law describing the Improvements and all their components by general nature, estimated cost, and area to be assessed. (d) The Council desires that the Bonds be issued initially in "Book Entry Only Form" (as hereinafter described). 2. Acceptance of Offer; Book Entry Bonds. (a) The offer of (the "Purchaser") to purchase the City's $1,165,000 General Obligation Improvement Bonds, Series 1997A (the "Bonds"), at the rates of interest and upon the other terms set forth in this Resolution, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby accepted. 358666.1 2 (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors to its functions hereunder (the "Depository"), will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraph 11 of this Resolution, authorized denominations for each maturity of Bonds shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that maturity. While in such~book entry form, the Bonds are sometimes hereinafter referred to as being in "Book Entry Only Form." (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar appointed pursuant to paragraph 7 of this Resolution mn the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds, neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or to the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the registered owner of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain 35~66.1 3 Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder or the Holders of the Bonds, as shown on the Bond Registrar's bond register, 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 premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or the City, as the case may be, to the Depository as provided in the Blanket Letter of Representations required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Blanket Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, are collectively hereinafter referred to as the "Blanket Letter of Representations,,). (vii) Ail transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to authorized denominations and shall be effected by the Depository 35S666.1 4 with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or the Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance thereof to the extent possible. (ix) Any successor Bond Registrar, in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Blanket Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository,s services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if the City determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book- entry transfers through the Depository is not in the best interests of the City. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City that the Beneficial Owners be issued certificates for the Bonds, the Bonds shall no longer be registered in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that 358666.1 5 time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Molders, in accordance with paragraph 11 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11 hereof. (d) Blanket Letter of Representations. The City's execution of the City the Blanket Letter of Representations in substantially the form on file in the offices of the City has heretofore been authorized and is hereby ratified. The provisions in the Blanket Letter of Representations are incorporated herein by reference and made fully a part of this Resolution to the same extent as if set forth in full herein, and if and to the extent that any provisions of this Resolution are inconsistent or in conflict with the provisions of the Blanket Letter of Representations, the provisions in the Blanket Letter of Representations shall control. 3. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Improvement Bonds, Series 1997A," shall be dated August 1, 1997, as the date of original issue and shall be issued forthwith on or after such date 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 of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Years Amounts Years Amounts 1999 $180,000 2007 $50,000 2000 200,000 2008 25,000 2001 190,000 2009 50,000 2002 80,000 2010 15,000 2003 75,000 2011 15,000 2004 75,000 2012 15,000 2005 75,000 2013 15,000 2006 75,000 4. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1998, calculated 358666.1 6 on the basis of a 360-day year consisting of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years, as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1999 % 2007 2000 2008 2001 2009 2002 " 2010 2003 2011 2004 2012 2005 2013 2006 6. Redemption. Ail Bonds maturing after February 1, 2005, shall be subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; 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. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond of that maturity 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 so assigned to such 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 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 Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or by the registered owner's attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver 35~666. ~ 7 to the registered owner 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 registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Reqistrar. , in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the registered owners (or record owners) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 8. Form of Bond. The Bonds, 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: ~58666.1 8 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Elk River, Minnesota, was duly held in the Elk River City Hall on July 28, 1997, commencing at 6:00 P.M., C.T., in part for the purpose of considering the offers which had been received for the purchase of the City's $335,000 General Obligation Water Revenue Bonds, Series 1997B. The following Councilmembers were present: and the following were absent: There was then presented a tabulation of the offers which had been received in the manner specified in the Terms of Proposal for the Bonds. The offers were as follows: 3586?5.1 then introduced the following Resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $335,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1997B BE IT RESOLVED by the City Council (the "Council") of the City of Elk River, Minnesota (the "City"), as follows: 1. Recitals. It is hereby determined: (a) That the improvements (the "Improvements") to the City's municipal water system described in the Council's resolution of July 30, 1997, relating to these Bonds have been duly ordered by the City and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Section 444.075. (b) That is it necessary and expedient to the sound financial management of the affairs of the City that the City issue its bonds pursuant to Minnesota Statutes, Chapter 475 and Section 444.075, to provide financing for the Improvements. (c) The Council desires that the Bonds be issued initially in "Book Entry Only Form" (as hereinafter described). 2. Acceptance of Offer; Book Entry Bonds. (a) The offer of (the "Purchaser") to purchase the City's $335,000 General Obligation Water Revenue Bonds, Series 1997B (the "Bonds"), at the rates of interest and upon the other terms set forth in this Resolution, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby accepted. (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors to its functions hereunder (the "Depository"), will act as securities depository for the Bonds, and to this end: 358675.1 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 6 and 11 of this Resolution, authorized denominations for each maturity of Bonds shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that maturity. While in such book entry form, the Bonds are sometimes hereinafter referred to as being in "Book Entry Only Form." (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar appointed pursuant to paragraph 7 of this Resolution in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds, neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or to the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the registered owner of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the 358675.1 3 Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder or the Holders of the Bonds, as shown on the Bond Registrar's bond register, 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 premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or the City, as the case may be, to the Depository as provided in the Blanket Letter of Representations required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Blanket Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, are collectively hereinafter referred to as the "Blanket Letter of Representations"). (vii) Ail transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to authorized denominations and shall be effected by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. 35~. 1 4 (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or the Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance thereof to the extent possible. (ix) Any successor Bond Registrar, in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Blanket Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bond for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if the City determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book- entry transfers through the Depository is not in the best interests of the City. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City that the Beneficial 358675.1 5 Owners be issued certificates for the Bonds, the Bonds shall no longer be registered in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11 hereof. (d) Blanket Letter of Representations. The City's execution of the City the Blanket Letter of Representations in substantially the form on file in the offices of the City has heretofore been authorized and is hereby ratified. The provisions in the Blanket Letter of Representations are incorporated herein by reference and made fully a part of this Resolution to the same extent as if set forth in full herein, and if and to the extent that any provisions of this Resolution are inconsistent or in conflict with the provisions of the Blanket Letter of Representations, the provisions in the Blanket Letter of Representations shall control. 3. Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Water Revenue Bonds, Series 1997B," shall be dated August 1, 1997, as the date of original issue and shall be issued forthwith on or after such date 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 of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Years Amounts Years Amounts 1998 $35,000 2003 $35,000 1999 25,000 2004 35,000 2000 30,000 2005 35,000 2001 30,000 2006 40,000 2002 30,000 2007 40,000 4. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an 358675.1 6 "Interest Payment Date"), commencing February 1, 1998, calculated on the basis of a 360-day year consisting of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years, as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1998 % 2003 1999 2004 2000 2005 2001 2006 2002 2007 6. Redemption. Ail Bonds maturing after February 1, 2005, shall be subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; 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. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond of that maturity 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 so assigned to such 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 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 Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or by the registered owner's attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated 35s675.1 7 maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Reqistrar. in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the registered owners (or record owners) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 8. Form of Bond. The Bonds, 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: 3586?5.1 8 85 E. SEVENTH P[~ACE, SUITE 100 SAINT PAUL, MN 55101-2143 612-223-3000 FAX: 612-223-3002 SPRINGSTED Pub//c F'mance Adv/sors $1,165,000 CITY OF ELK RIVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A (BOOK ENTRY ONLY) AWARD: JURAN & MOODY, A DIVISION OF MILLER, JOHNSON & KUEHN, INC. UNITED BANKERS BANK SALE: July 28, 1997 Moody's Rating: Aaa FSA Insured Bidder JURAN & MOODY, A DIVISION OF MILLER, JOHNSON & KUEHN, INC. UNITED BANKERS BANK Interest Rates 4.375% 4.4O% 4.45% 4.50% 4.60% 4.70% 5.00% 1999 2000-2Q03 2004 2005 2006 2007 2008-2013 Price $1,153,383.25 Net Interest True Interest Cost Rate $302,333.00 4.8159% PIPER JAFFRAY INC. 4.10% 1999 4.2O% 2000 4.30% 2001 4.40% 2OO2 4.5O% 2003 4.60% 2004 4.65% 2005 4.70% 2006 4.75% 2007 4.80% 2008 4.90% 2009 5.00% 2010 5.10% 2011 5.20% 2012 5.25% 2013 $1,153,350.00 $302,848.75 4.8184% (Continued) SAINT PAUL, MN . MINNEAPOLIS, MN - BROOKFIELD, WI . OVERLAND PARK, KS . WASHINGTON, DC . IOWA CITY, IA Bidder BERNARDI SECURITIES, INCORPORATED NORWEST INVESTMENT SERVICES, INC. FBS INVESTMENT SERVICES, INC. SMITH BARNEY CRONIN & COMPANY, INCORPORATED DAIN BOSWORTH INCORPORATED Interest Rates 4.375% 4.45% 4.50% 4.65% 4.75% 4.85% 5.00% 5.10% 5.20% 5.25% 5.30% 4.50% 4.55% 4.65% 4.75% 4.85% 4.95% 5.05% 5.10% 5.20% 5.30% 4.10% 4.20% 4.30% 4.40% 4.50% 4.60% 4.70% 4.80% 4.90% 5.00% 5.10% 5.20% 5.25% 4.40% 4.50% 4.60% 4.70% 4.75% 4.80% 4.90% 5.00% 5.10% 5.15% 5.20% 5.25% 1999 2000-2003 2004-2005 2006 2007 2008 2009 2010 2011 2012 2013 1999-2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011-2013 1999-2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Price $1,153,366.50 $1,153,350.00 $1,153,350.00 Net Interest Cost $305,297.25 $306,366.25 True Interest Rate 4.8608% 4.8809% $1,153,350.00 $307,248.75 $307,381.25 4.8840% 4.8933% (Continued) Bidder Interest Rates Net Interest True Interest Price Cost Rate DEAN WITTER REYNOLDS INCORPORATED PAINEWEBBER INCORPORATED OPPENHEIMER & CO., INC. 4.60% 1999-2005 4.70% 2006 4.80% 2007 4.90% 2008 4.95% 2009 5.00% 2010-2011 5.10% 2012-2013 $1,153,350.00 $309,328.75 4.9331% REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 4.375 1999 4.40 2000 4.40 2001 4.40 2002 4.40 2003 4.45 2004 4.50 2005 4.60 2006 4.70 2007 5.00 2008 5.00 2009 5.00 2010 5.00 2011 5.00 2012 5.00 2013 4.00% 4.05% 4.10% 4.20% 4.30% 4.40% Par Par Par Par Par Par Par Par Par BBI: 5.28% Average Maturity: 5.40 Years 85 E. SEVENTH PLACE, SUITE I00 SAINT PAUL, MN 55101-2143 612-223-3000 FAX:612-223-3002 SPRINGSTED Public Finance ,4dvi~ors $335,000 CITY OF ELK RIVER, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1997B (BOOK ENTRY ONLY) AWARD: NORWEST INVESTMENT SERVICES, INC. FBS INVESTMENT SERVICES, INC. SALE: July 28, 1997 Moody's Rating: Baal Bidder Interest Rates NORWEST INVESTMENT SERVICES, INC. FBS INVESTMENT SERVICES, INC. 4.00% 1998 4.10% 1999 4.20% 200O 4.30% 2001 4.40% 2O02 4.50% 2003 4.60% 2004 4.70% 2005 4.80% 2006 4.90% 2007 DAIN BOSWORTH INCORPORATED 4.40% 1998-2002 4.50% 2003 4.60% 2004 4.70% 2005 4.75% 2006 4.80% 2007 Price $331,985.00 Net Interest True Interest Cost Rate $85,262.50 4.8298% $331,650.00 $85,485.00 4.8504% (Continued) SAINT PAUL, MN . MINNEAPOLIS, MN · BROOKFIELD, WI · OVERLAND PARK, KS · WASHINGTON, DC . IOWA CITY, lA Bidder BERNARDISECURITIES, INCORPORATED JURAN & MOODY, A DIVISION OF MILLER, JOHNSON & KUEHN, INC. Interest Ratee 4.10% 1998 4.2O% 1999 4.30% 2000 4.40% 2001 4.50% 2OO2 4.60% 2003 4.70% 2004 4.75% 2005 4.80% 2006 4.90% 2007 4.70% 1998 4.75% 1999-2000 4.80% 2001-2002 4.85% 2003-2006 4.90% 2007 Net Interest True Interest Price Cost Rate $332,420.50 $85,748.25 4.8548% $331,655.85 $89,241.65 5.0695% These Bonds are being reoffered at par. BBI: 5.28% Average Maturity: 5.29 Years