HomeMy WebLinkAboutItem 08Date July 16, 2012 �0 Item
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $23,635,000 GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2012B
PrODOSed Action
Staff recommends adoption of the following motion: Move to approve the Resolution Authorizing
Issuance, Awarding Sale, Prescribing the F orm and Details and Providing for the Pavment of $23.635
Million of G.O. Improvement Bonds, Series 2012 B.
Approval of the Resolution will result in the financing of the G.O. Improvement Bonds Series 2003 B and
the G.O. Capital Improvement Bonds Series 2004 A.
Overview
The purpose of the 2012 B Bonds is to reduce future interest costs on two outstanding issues. The
issuance of the 2012 B Bonds is being conducted as a "crossover" advance refunding in which the
proceeds are placed in an escrow account and invested in government securities. These investments and
their earnings are structured to pay interest on the 2012 B Bonds through the call dates of the two older
bonds, at which time the escrow account will crossover and prepay the entire remaining principal of the
two older bonds. After the call dates, the City will cross over and begin making debt service payments
on the 2012 B Bonds, taking advantage of the lower interest rates. Moody's Investor Service has
affirmed an Aal for this bond issue.
Primary Issues to Consider
• Extent of cost savings. The refunding is projected to result in the City realizing interest cost
savings as follows:
Average
Annual Net Future Net Present
Savings Value Benefi Value Benefi
2003 B Street Reconstruction Bonds S 93,580
2004 A Capital Improvement Bonds $ 94,000
Total
Supporting Information
• Official Stat
De nance Di for
1,125,045 $ 944,195
$ 1,413,050 $ 1,106,730
$ 2,538,095 $ 2,050,925
Financial Impact: See attached Budgeted: No Source: Taxe and Special Assessments
Related Documents (CIP, ERP, etc.): _
Notes:
CITY OF LAKEVILLE
RESOLUTION
Date July 16. 2012 Resolution No.
Motion By
Seconded By
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $23,635,000 GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2012B
BE IT RESOLVED b y the City Council of the City of Lakeville, Minnesota (the City), as
follows:
SECTION 1. AUTHORIZATION AND SALE
1.01. Authorization This City Council, by resolution adopted June 18, 2012, authorized
the issuance and sale on the date hereof of its General Obligation Refunding Bonds, Series
2012B (the Bonds), in the principal amount of $23,635,000, for the purpose of (i) refunding in
advance of maturity and prepaying on February 1, 2014 (the Series 2003A Crossover Date) the
2015 through 2026 maturities, aggregating $10,035,000 in principal amount, of the City's
General Obligation Street Reconstruction Bonds, Series 2003A, dated, as originally issued, as of
March 15, 2003 (the Refunded Series 2003A Bonds) and (ii) refunding in advance of maturity
and prepaying on February 1, 2015 (the Series 2004A Crossover Date, together with the Series
2003A Crossover Date, the Crossover Dates) the 2016 through 2030 maturities, aggregating
$12,460,000 in principal amount, of the City's General Obligation Capital Improvement Plan
Bonds, Series 2004A, dated, as originally issued, as of November 1, 2004 (the Refunded Series
2004A Bonds; together with the Refunded Series 2003A Bonds, the Refunded Bonds). The
portion of the Bonds allocable to the refunding of the Series 2003A Bonds is referred to herein as
the "2003A Refunding Bonds," and the portion allocable to the refunding of the Series 2004A
Bonds is referred to as the "2004A Refunding Bonds." The Crossover Dates are the earliest
dates upon which the Refunded Bonds may be redeemed without payment of premium. The
refunding is being carried out for the purpose described in Minnesota Statutes, Section 475.67,
subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statutes, Chapter 475.
1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on
behalf of the City by Springsted Incorporated, sealed proposals for the purchase of the Bonds
were received at or before the time specified for receipt of proposals. The proposals have been
opened, publicly read and considered and the purchase price, interest rates and net interest cost
under the terms of each proposal have been determined. The most favorable proposal received is
that of , in
(the Purchaser), to purchase the Bonds at a price of
S plus accrued interest, if any, on all Bonds to the day of delivery and
payment, on the further terms and conditions hereinafter set forth.
1.03. Award The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Clerk are hereby authorized and directed to execute a contract on behalf of the City for
the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the
Purchaser shall be retained by the City until the Bonds have been delivered, and shall be
deducted from the purchase price paid at settlement.
1.04. Savings It is hereby determined that:
(i) by the issuance of the Bonds, the City will realize a substantial interest rate reduction,
a gross savings of approximately $ and a present value savings (using the yield on
the Bonds, computed in accordance with Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code "), as the discount factor) of approximately $ ; and
(ii) as of the respective Crossover Date, the sum of (i) the present value of the debt
service on the Bonds, computed to their stated maturity dates, after deducting any premium,
using the yield of the Bonds as the discount rate, plus (ii) any expenses of the refunding payable
from a source other than the proceeds of the Bonds or investment earnings thereon, is lower by
%than, the present value of the debt service on the Refunded Bonds, exclusive of any
premium, computed to their stated maturity dates, using the yield of the Bonds as the discount
rate.
SECTION 2. BOND TERMS; REGISTRATION• EXECUTION AND DELIVERY
2.01. Issuance of Bonds All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities: Interest Rates; Denominations and Payment The Bonds shall be
originally dated as of August 15, 2012, shall be in the denomination of $5,000 each, or any
integral multiple thereof, of single maturities, shall mature on February 1 in the years and
amounts stated below, and shall bear interest from date of issue until paid or duly called for
redemption at the annual rates set forth opposite such years and amounts, as follows:
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds are allocated to the separate purposes thereof as follows:
Principal Interest
Series 2004A
Principal Interest
Year
Amount Rate
Year
Amount Rate
2015
$ 830,000
2023
$1,735,000
2016
1,455,000
2024
1,815,000
2017
1,400,000
2025
1,890,000
2018
1,435,000
2026
1,980,000
2019
1,480,000
2027
1,095,000
2020
1,540,000
2028
1,165,000
2021
1,600,000
2029
1,240,000
2022
1,660,000
2030
1,325,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds are allocated to the separate purposes thereof as follows:
The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis
of a 360 -day year composed of twelve 30 -day months. The interest on and, upon surrender of
each Bond, the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein, provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on each February 1 and August 1, commencing August 1, 2013, to
the owners of record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
2.04. Redemption Bonds maturing in 2023 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
3
Series 2003A
Series 2004A
Series 2003A
Series 2004A
Refunding
Refunding
Refunding
Refundine
Year
Bonds
Bonds
Year
Bonds
Bonds
2015
$830,000
--
2023
$890,000
$ 845,000
2016
845,000
$600,000
2024
915,000
900,000
2017
780,000
620,000
2025
935,000
955,000
2018
800,000
635,000
2v26
9v`v ",vvu"
i,u2u,uv0
2019
815,000
665,000
2027
1,095,000
2020
840,000
700,000
2028
1,165,000
2021
855,000
745,000
2029
1,240,000
2022
870,000
790,000
2030
1,325,000
The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis
of a 360 -day year composed of twelve 30 -day months. The interest on and, upon surrender of
each Bond, the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein, provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on each February 1 and August 1, commencing August 1, 2013, to
the owners of record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
2.04. Redemption Bonds maturing in 2023 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
3
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS -
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on February 1, 20_ and 20_ (the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on February 1 in each of the following years the following
stated principal amounts of such Bonds:
Term Bonds Maturing February 1, 20
Year
The remaining $
maturity on February 1, 20_.
Principal Amount
stated principal amount of such Bonds shall be paid at
Term Bonds Maturing Februaiv 1, 20_,
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on February 1, 20_.]
The City Clerk shall cause notice of redemption thereof to be published if and as required by
law, and at least thirty and not more than sixty days prior to the designated redemption date, shall
cause notice of call for redemption to be mailed, by first class mail, to the registered holders of
any Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by such defect or
failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
owner without charge, representing the remaining principal amount outstanding.
2.05. Appointment of Initial Registrar The City hereby appoints U.S. Bank National
Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent
(the Registrar). The Mayor and City Clerk are authorized to execute and deliver, on behalf of the
City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company organized under the laws of
the United States or one of the states of the United States and authorized by law to conduct such
business, such corporation shall be authorized to act as successor Registrar. The City agrees to
pay the reasonable and customary charges of the Registrar for the services performed. The City
reserves the right to remove the Registrar, effective upon not less than thirty days' written notice
and upon the appointment and acceptance of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the Bond Register to the successor Registrar.
2.06. Registration The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register The Registrar shall keep at its principal corporate trust office a
register (the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duty endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation All Bonds surrendered for payment, transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of The Registrar shall
furnish the City at least once each year a certificate setting forth the principal amounts
and numbers of Bonds canceled and destroyed.
(e) Improper or Unauthorized Transfer When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes, and all payments made to any registered owner or upon the owner's order shall
be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the
sum or sums so paid.
(g) Taxes. Fees and Charges For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or Iost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond wns des, eyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it, and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent The Registrar is hereby designated authenticating,
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery The Bonds shall be prepared under the
direction of the City Clerk and shall be executed on behalf of the City by the signatures of the
Mayor and the City Clerk, provided that the signatures may be printed, engraved or lithographed
facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, 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. Notwithstanding such execution, no Bond shall be
valid or obligatory for any purpose or entitled to any security or benefit under this resolution
unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on each Bond shall be conclusive evidence that it has been authenticated and
delivered under this resolution. When the Bonds have been prepared, executed and
authenticated, the City Clerk shall deliver them to the Purchaser upon payment of the purchase
price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be
obligated to see to the application of the purchase price.
2.08. Securities Depository (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker - dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
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 DTC's Operational Arrangements,
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 (e) 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 (e) 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 (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Clerk is hereby authorized and directed.
(e) 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.
2.09. Form of Bonds The Bonds shall be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF LAKEVILLE
GENERAL OBLIGATION REFUNDING BOND, SERIES 2012B
Interest Rate Maturity Date Date of Ori ginal Issue CUSIP No.
% February 1, 20 August 15, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF LAKEVILLE, STATE OF MINNESOTA (the City), acknowledges itself
to be indebted and hereby promises to pay to the registered owner named above,'or registered
assigns, the principal amount specified above on the maturity date specified above, with interest
thereon from the date of original issue specified above or from the most recent date to which
interest has been paid or duly provided for at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1, 2013, to the person in whose name
this Bond is registered at the close of business on the fifteenth day (whether or not a business
day) of the immediately preceding month, all subject to the provisions hereof with respect to
prior redemption of the Bonds. Interest hereon shall be computed on the basis of a 360 -day year
composed of twelve 30 -day months. The interest hereon and, upon presentation and surrender
hereof at the principal office of the agent of the Registrar described below, the principal hereof
are payable in lawful money of the United States of America by check or draft drawn on U.S.
Barak National Association, as bond registrar, transfer agent and paying agent, or its successor
designated under the Resolution described herein (the Registrar), or its designated successor
under the Resolution described herein. For the prompt and full payment of such principal and
interest as the same respectively become due, the full faith and credit and taxing powers of the
City have been and are hereby irrevocably pledged.
This Bond is one of an issue (the Bonds) in the aggregate principal amount of
$23,635,000, issued pursuant to a resolution adopted by the City Council on July 16, 2012 (the
Resolution) to refinance the costs of various public improvements, and is issued pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling,
including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form,
in denominations of $5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in 2023 and later years are each subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of $5,000 on February 1,
2022, and on any date thereafter, at a price equal to the principal amount thereof plus interest
accrued to the date of redemption. The City will cause notice of the call for redemption to be
published as required by law and, at least thirty days prior to the designated redemption date, will
cause notice of the call thereof to be mailed by first class mail to the registered owner of any
Bond to be redeemed at the owner's address as it appears on the bond register maintained by the
Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or failure.
Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified, and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without
charge, representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS -
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on February 1, 20_ and 20_ (the "Term Bonds ") shall be subject
to mandatory redemption prior to maturity at a redemption price equal to the stated principal
amount thereof plus interest accrued thereon to the redemption date, without premium. The
Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each
of the following years the following stated principal amounts of such Bonds:
Tenn Bonds Maturing February 1, 20
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on February 1, 20_.
Tenn Bonds Maturing February 1, 20
Year Principal Amount
The remaining $
maturity on February 1, 20_
stated principal amount of such Bonds shall be paid at
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
10
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that the City has
established its General Obligation Refunding Bonds, Series 2012B Bond Fund (the Bond Fund)
and has appropriated thereto ad valorem taxes heretofore levied on all taxable property in the
City, which taxes will be collectible for the years and in amounts sufficient to produce sums not
less than five percent in excess of the principal of and interest on the Bonds when due; that if
necessary for payment of such principal and interest, additional ad valorem taxes are required to
be levied upon all taxable property in the City, without limitation as to rate or amount; the
issuance of this Bond, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Lakeville, Minnesota, by its City Council, has
caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City
Clerk and has caused this Bond to be dated as of the date set forth below.
CITY OF LAKEVILLE, MINNESOTA
(facsimile signature — City Clerk)
(facsimile signature — Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
U.S. BANK NATIONAL ASSOCIATION,
as Registrar
Authorized Representative
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The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM - as tenants in common UTMA ................... as Custodian for .....................
(Cust) (Minor)
TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act ..............
(State)
7T TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned 'hereby sells, assigns and transfers unto
the
within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the within Bond, with full
power of substitution in the premises.
Dated:
NOT ICE: 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 enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible
guarantor institution" meeting the requirements of
the Registrar, which requirements include
membership or participation in STAMP or such
other "signature guaranty program" as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the
Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
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SECTION 3. USE OF PROCEEDS Upon payment for the Bonds by the Purchaser, the City
Finance Director shall apply the proceeds of the Bonds as follows: (a) the amount of
S shall be deposited in the Escrow Account established with the Escrow Agent under
an Escrow Agreement described hereinafter, the funds so deposited, together with funds of the
City in such amount as may be required, to be invested in securities authorized for such purpose
by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing
interest at such rates as are required to provide funds sufficient, with cash retained in the escrow
account, (i) to pay all interest to become due on the Series 2003A Refunding Bonds to and
including the Series 2003A Crossover Date; (ii) to pay all interest to become due on the Series
2004A Refunding Bonds to and including the Series 2004A Crossover Date; (iii) to pay and
redeem the outstanding principal of the Refunded Series 2003A Bonds on the Series 2003A
Crossover Date; (iv) to pay and redeem the outstanding principal of the Refunded Series 2004A
Bonds on the Series 2004A Crossover Date; (c) the amount of $ shall be used to pay
issuance expenses of the Bonds; and (d) the amount of S shall be deposited in the
Bond Fund created pursuant to Section 4 hereof. The Mayor and City Clerk are hereby
authorized to enter into an Escrow Agreement (the Escrow Agreement) with U.S. Bank National
Association (the Escrow Agent), the form of which has been presented to this Council,
establishing the terms and conditions for the escrow account in accordance with Minnesota
Statutes, Section 475.67.
SECTION 4. GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012B BOND
FUND aern Pr ED rF nn' TAXING POWERS
4.01. General Obligation Refunding Bonds, Series 2012B Bond Fund The Bonds shall
be payable from a separate and special General Obligation Refunding Bonds, Series 2012B Bond
Fund (the Bond Fund) of the City, which Bond Fund the City agrees to maintain until the Bonds
have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay
principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand
in other funds of the City, which other funds shall be reimbursed therefor when sufficient money
becomes available in the Bond Fund. The moneys on hand in the Bond Fund from time to time
shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be
paid: (a) any amount appropriated thereto pursuant to Section 3 hereof; (b) all excess amounts
on deposit in the debt service funds maintained for the payment of the Refunded Bonds upon the
retirement of the Refunded Bonds on the respective Crossover Date; (c) ad valorem taxes
collected in accordance with the provisions of Section 4.02 hereof; and (d) any other funds
appropriated by the City Council for the payment of the Bonds.
4.02. 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 which, together with the collections of state -aid highway funds and
other amounts set forth in Section 4.01, will produce amounts not less than five percent in excess
of amounts needed to meet when due the principal and interest payments on the Bonds, ad
valorem taxes are hereby levied on all taxable property in the City, said taxes to be levied and
collected in the following years and amounts:
13
Levv Years Collection Years Amount
2013 -2028 2014 -2029 See attached levy computation
Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided
that the City reserves the right and power to reduce said levies in accordance with the provisions
of Minnesota Statutes, Section 475.61.
SECTION 5. 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 registered owners
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 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 or trust company 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 and interest to become due thereon to maturity or earlier designated redemption date,
provided, however, that if such deposit is made more than ninety days before the maturity date or
s --ed redemption dare of the Bonds tc be discha discharged the City shall have received a written
opinion of bond counsel to the effect that such deposit does not adversely affect the exemption of
interest on any Bonds from federal income taxation and a written report of an accountant or
investment b °anking firm verifying that the deposit is sufficient to pay when due all of the
principal and interest on the Bonds to be discharged on and before their maturity dates or earlier
designated redemption date.
SECTION 6. CERTIFICATION OF PROCEEDINGS
6.01. Registration of Bonds The City Clerk is hereby authorized and directed to file a
certified copy of this resolution with the County Auditor of Dakota County and obtain a
certificate that the Bonds have been duly entered upon the Auditor's bond register.
6.02. Authentication of Transcript The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds 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 in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the City
as to the correctness of all statements contained therein.
6.03. Official Statement The Official Statement relating to the Bonds, dated
, 2012, relating to the Bonds prepared and distributed by Springsted Incorporated is
hereby approved. Springsted Incorporated is hereby authorized on behalf of the City to prepare
14
and distribute to the Purchaser within seven business days from the date hereof, a supplement to
the Official Statement listing the offering price, the interest rates, selling compensation, delivery
date, the underwriters and such 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 (the
SEC) under the Securities Exchange Act of 1934. 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 7. TAX COVENANTS; ARBITRAGE MATTERS; AND CONTINUING
DISCLOSURE
7.01. General Tax 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 actions that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable
Treasury Regulations (the Regulations), 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. It is hereby certified that the proceeds of the
Refunded Bonds were used for the acquisition and betterment of municipal improvements owned
and maintained by the City and available for use by members of the general public on
substantially equal terms. The City covenants and agrees that, so long as the Bonds are
outstanding, the City shall not enter into any lease, management agreement, use agreement or
other contract with any nongovernmental entity relating to the improvements so financed which
would cause the Bonds to be considered "private activity bonds" or "private loan bonds"
pursuant to Section 141 of the Code.
7.02. Arbitrage Certification The Mayor and City Clerk being the officers of the City
charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized
and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148
of the Code, and applicable Regulations, stating the facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds which make it reasonable to expect that
the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be
"arbitrage bonds" within the meaning of the Code and Regulations.
7.03. Arbitrage Rebate Exemption The City acknowledges that the Bonds are subject to
the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain
such records, make such determinations, file such reports and documents and pay such amounts
at such times as are required under said Section 148(0 and applicable Regulations, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148 -7 of the Regulations and no "gross proceeds" of the Bonds
(other than arnounts constituting a "bona fide debt service fund ") arise during or after the
expenditure of the original proceeds thereof.
7.04. Not Qualified Tax- Exempt Oblieations The Bonds are not designated as
"qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code.
15
7.05. 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 Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2 -12 promulgated by 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 meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in the
past five years in all material respects with any undertaking previously entered into by it under
the Rule. If the City fails to comply with any provisions of this section, 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, 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 constitute a default
under the Bonds or under any other provision of this resolution. As used in this section, 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 forn, and substance reasonably satisfactory to the Registrar. As used herein,
Beneficial Owner means, in respect of a Bond, any person or entity which (i) 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 (ii) is treated as the owner of the Bond for federal income tax purposes.
(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, 2012, 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, prepared 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
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 contained in the Official Statement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections.
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 filed with
the SEC or have been made available to the public on the Internet Web site of the Municipal
Securities Rulemaking Board (MSRB). 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 determines 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. If the Disclosure Fnfoivation is changed ur this
section 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 not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events (each a Material Fact):
(A) Principal and interest payment delinquencies;
(B) Non - payment related defaults, if material;
(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, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form ,
5701-TEB) or other material notices or determinations with respect to the tax
status of the security, or other material events affecting the tax status of the
security;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances,
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
17
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or similar event of the obligated person;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terns, if material; and
(1) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is "material" if it is an
event 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, an event is also "material" if it is 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.
For the purposes of the event identified in (L) hereinabove, the event is considered to occur when
C♦1.� r 1„ _1 . r r_ •- rr r
any of WU IG1f Wing occur: the appointment of a receiver, fiscal agent or similar officer ror ail
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(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 pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section 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.
1s
(c) Manner of Disclosure
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b)•
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Intemretation
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this section 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
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 suceessory thereto or amendatory
thereof
(2) This section (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 this Council filed in the office of the recording officer 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, 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 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.
19
(3) This section 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 S. REDEMPTION OF REFUNDED BONDS The City Finance Director is hereby
directed to advise: U.S. Bank National Association, St. Paul, Minnesota, as paying agent for the
Refunded Series 2003A Bonds and the Refunded Series 2004A Bonds, to call such bonds for
redemption and prepayment on the Series 2003A Crossover Date and the Series 2004A
Crossover Date, respectively, and to give thirty days mailed Notice of Redemption, all in
accordance with the provisions of the resolutions authorizing the issuance of such bonds.
APPROVED AND ADOPTED this 16` day of July, 2012.
CITY OF LAKEVILLE
IC
Mark Bellows, Mayor
ATTEST:
Charlene Friedges, City Clerk
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