HomeMy WebLinkAbout00-193
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CERTIFICATION OF MINUTES RELATING TO
$9,460,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A
Issuer: City of Lakeville, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on Monday, August 21, 2000, at
7:00 p.m., at the City Hall, Lakeville, Minnesota.
Members present: Dennis zaun, Betty Sindt, David Luick
Lynette Mulvihill and Robert Johnson
Members absent: None
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 2000-193
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $9,460,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2000A
I, the. undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of said
corporation in my legal custody, from which they have been transcribed; that said documents are a
correct and complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions. and other actions taken and of all
documents approved by the governing body at said meeting, so far as they relate to said bonds; and
that said meeting was duly held by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and notice of such meeting given as
required by law.
WITNESS my hand officially as such recording officer on August 21,.2000.
City .Clerk
. }
It was reported that 4 sealed proposals for the purchase of $9,460,000 General Obligation
Improvement Bonds, Series 2000A, were received prior to 11:00 a.m., pursuant to the Official
Statement distributed to potential purchasers of the Bonds by Springsted Incorporated, financial
consultant to the City. The proposals have been publicly opened, read and tabulated .and were
found to be as follows:
(See Attached)
85 E. SEVENTH PLACE, SUITE 100
SAINT PAUL, MN 55101-2887
651-223-3000 FAX:651-223-3002
SPRINGSTED
Public Finance Advisors
$9,460,000
CITY OF LAKEVILLE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERLES 2000A
(BOOK ENTRY ONLY)
AWARD: U.S. BANCORP PIPER JAFFRAY INC.
WELLS FARGO BROKERAGE SERVICES, LLC
SALE:. August 21, 2000 Moody's Rating: Aaa
MBIA Insured
.Interest Net Interest True Interest
Bidder Rates Price Cost Rate
U.S. BANCORP PIPER JAFFRAY INC. 4.75% 2001-2010 $9,339,617.46 $4,463,163.37 5.0850%
WELLS FARGO BROKERAGE SERVICES, 4.80% 2011
LLC 4.90% 2012
5.00% 2013-201.7
5.125% 2018-2020
BANG OF AMERICA SECURITIES LLC 5.00% 2001-2013 $9,467,578.65 $4.523,394.89 5.1042%
5.10% 2014
5.125% 2015
5.25% 2016
5.30% 2017
5.375% 2018-2020
SALOMON SMITH BARNEY 4.50% 2001-2005 $9,342,656.00 $4,536,795.88 5.1498%
MORGAN STANLEY DEAN WITTER 4.55% 2006
PAINEWEBBERINCORPORATED 4.60% 2007
CRONIN & COMPANY, INCORPORATED 4.65% 2008
CIBC WORLD MARKETS 4.70% 2009
4.75% 2010
5.00% 2011-2013
5.10% 2014
.5.20% .2015
..5.25% 2016
5.30% 2017
5.375% 2018-2020 (Continued).
SAINT PAUL, MN MINNEAPOLIS, MN • MILWAUKEE, WI OVERLAND PARK, KS WASHINGTON, DC • DES MOINES, IA
r ,
Interest Net Interest .True Interest
Bidder Rates Price Cost Rate
DAIN RAUSCHER INCORPORATED 4.50% 2001-2007 $9,344,509.90 $4,548,859.68 5.1563°,.
DOUGHERTY AND COMPANY LLC 4.60% 2008
HOWE, BARNES INVESTMENTS, INC. 4.625% 2009
4.75% 2010
4.90% 2011
5.00% 2012-2013
5.125% 2014
5.25% 2015
5.30% 2016
5.375% 2017
5.50% 2018-2020
REOFFERING SCHEDULE OF THE PURCHASER
Rate Year Yield
4.75% 2001 4.25%
4.75% 2002 4.30%
4.75% 2003 4.35%
4.75% 2004 4.40%
4.75% 2005 4.45%
4.75% 2006 4.50%
4.75% 2007 4.55%
4.75% 2008 4.60%
4.75% 2009 4.65%
4.75% 2010 4.70%
4.80% 2011 4.85%
4.90% 2012 4.95%
5.00% 2013 5.05%
5.00% 2014 5.15%
5.00% 2015 5.25%
5.00% 2016 5.30%
5.00% 2017 5.35%
5.125% 2018 5.40%
5.125% 2019 5.45%
5.125% 2020 5.47%
BBI: 5.51
Average Maturity: 9.337 Years
Councilmember Betty Sindt introduced the following resolution and moved its adoption, which
motion was seconded by Councilmember Lynette Mulvihill:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $9,460,000 GENERAL OBLIGATION IMPROVEMENT
.BONDS, SERIES 2000A
BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota {the City), as
follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. This Council, by Resolution No. 2000-165 duly adopted on July 17,
2000, authorized the issuance and sale of $9,460,000 General Obligation Improvement Bonds,
Series 2000A (the Bonds), of the City to (i) finance various public improvement projects (the
2000 Projects) and (ii) refund, on October 1, 2000 (the Maturity Date), the outstanding
$5,165,000 principal amount of the City' s General Obligation Temporary Bonds, Series 1997A,
dated October 1, 1997 (the Refunded Bonds).
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 U.S. Bancorp Piper Jaffray Inc., in Minneapolis, Minnesota and associates (the
Purchaser), to purchase the Bonds at a price of $9,339,617.46 plus accrued interest 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 Clerk are hereby authorized and directed on behalf of the City to execute a contract for the
sale of the Bonds with the Purchaser in accordance with the Terms of Proposal. The good faith
deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been
delivered and shall be deducted from the purchase price paid at settlement.
1.04. Supplemental Resolution for Term Bonds. Should the Purchaser determine that
any Bonds be issued in the form of term bonds, this Council shall, by a separate and
supplemental resolution, set forth further terms and provisions as necessary to provide for the
issuance of the term bonds. Should the Purchaser determine that the Bonds be issued only in the
form of serial bonds, no further resolution of the Council shall be required.
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 Pa ment. The Bonds shall be
originally dated as of September 1, 2000, 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 original issue until paid at the annual
rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2001 $170,000 4.75% 2011 $660,000 4.80
2002 370,000 4.75 2012 365,000 4.90
2003 445,000 4.75 2013 380,000 5.00
2004 525,000 4.75 2014 375,000 5.00
2005 605,000 4.75 2015 380,000 5.00
2006 670,000 4.75 2016 400,000 5.00
2007 680,000 4.75 2017 395,000 5.00
2008 615,000 4.75 2018 395,000 5.125
2009 830,000 4.75 2019 395,000 5.125
2010 605,000 4.75 2020 200,000 5.125
The Bonds shall be issuable only in fully registered form. The interest thereon 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 February 1 and August 1 in each year, commencing February 1,
2001,. each such date being referred to herein as an Interest Payment Date, to the persons in
whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the
Registrar's close of business on the fifteenth day of the calendar month next preceding such
Interest Payment Date, whether or not such day is a business day. Interest shall be computed on
the basis of a 360 day year composed of twelve 30-day months.
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2.04. Redemption. Bonds maturing in 2011 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
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of $5,000, on February 1, 2010, and on any date thereafter, at a price equal to the.
principal amount thereof and accrued interest to the date of redemption, without premium. The
Clerk shall cause notice of the call for redemption thereof to be published as required by law, and
at least thirty 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 Re ig'strar. The City hereby appoints U.S. Bank Trust
National Association, in St. Paul, Minnesota, as the initial bond registrar, transfer agent and
paying agent (the "Registrar"). The Mayor and 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 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..
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly 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
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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 upon any transferor exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) I___proper 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 Destroved 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 lost, 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 was destroyed,
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
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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 A eg_nt. The Registrar is hereby designated authenticating agent
.for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
(j) Valid Obli atg ions. 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 Clerk and shall be executed on behalf of the City by the signatures of the Mayor
and the Clerk, provided that the signatures maybe 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
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 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..
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"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, 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 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
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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
DAKOTA COUNTY
CITY OF LAKEVILLE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2000A
Interest Rate Maturity Date Date of Original Issue CUSIP No.
September 1, 2000
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA (the City)
acknowledges itself to be indebted and for value received hereby promises to pay to the
registered owner specified above, or registered assigns, the principal amount specified above on
the maturity date specified above and promises to pay interest therepn from the date of original
issue specified above or from the most recent interest payment date to which interest has been
paid or duly provided for, at the annual interest rate specified above, payable on February 1 and
August 1 in each year, commencing February 1, 2001, 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 referred to herein with respect to the
redemption of the principal of this Bond before maturity. 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 in
,Minnesota, 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.
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This Bond is one of an issue in the aggregate principal amount of $9,460,000 issued
pursuant to a resolution adopted by the City Council on August 21, 2000 (the Resolution), to
finance certain municipal improvements and to provide funds to refund certain outstanding
general obligation bonds of the City and is issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapters 429 and 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 2011 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,
.2010, 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.
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.
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
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.
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.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.
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, prior to the
issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special
assessments upon property specially benefitted by the local improvements financed by the
Bonds, and ad valorem taxes on all taxable property in the City, which, together with other
appropriated funds as specified in the Resolution, will be collectible for the years and in amounts
sufficient to produce sums not less than 5% in excess of the principal of and interest on the
Bonds when due, and has appropriated such special assessments, taxes and other funds to its
Bond Fund for the payment of such principal and interest; that if necessary for the payment of
such principal and interest when due, additional ad valorem taxes are required to be levied upon
all taxable property in the City, without limitation as to rate or amount; that the issuance of this
Bond does not cause the indebtedness of the City to exceed any constitutional or statutory
limitation of indebtedness; and that. the opinion printed hereon is a full and correct copy of the
legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date of original
delivery of the Bonds.
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, Dakota County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the
Mayor and Clerk and has caused this Bond to be dated a of the date set forth below.
CITY OF LAKEVILLE, MINNESOTA
Attest: (facsimile signature -Clerk) (facsimile signature - Mayor)
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CERTIFICATE OF AUTHENTICATION
Dated:
This is .one of the Bonds delivered pursuant to the Resolution mentioned within.
as Bond Registrar
By
Authorized Representative
[Insert Legal Opinion]
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
(Gust) (Minor)
under Uniform Transfers to Minors Act
TEN ENT as tenants by the entireties (State)
JT 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:
NOTICE: The assignor's signature to this assignment
must correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or enlargement or any change whatsoever.
Signature Guaranteed:
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.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 maybe 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 the Bond form]
SECTION 3. USE OF PROCEEDS. Upon payment for the Bonds by the Purchaser, the Finance
Director shall deposit and apply the proceeds of the. Bonds as follows: (a) $3,987,642.00 shall be
deposited in the Construction Fund created pursuant Section 4.Oi hereof; (b) $83,675.46
(constituting capitalized interest and unused bond discount), plus accrued interest, shall be
deposited in the Bond Fund created pursuant Section 4.02 hereof; and (c) $5,268,300.00 shall be
deposited in the sinking fund established for the Refunded Bonds to be applied, with other
available funds on deposit therein, to the payment of principal and interest due on the Refunded
Bonds on the Maturity Date in accordance with the provisions of the resolution authorizing their
issuance.
SECTION 4. FUNDS.
i 4.01. General Obligation Improvement Bonds Series 2000A Construction Fund. There
is hereby established on the official books and records of the City a General Obligation
Improvement Bonds, Series 2000A Construction Fund (the Construction Fund). The Finance
Director shall continue to maintain the Construction Fund until payment of all costs and
expenses incurred in connection with the construction of the 2000 Projects have been paid. To
the Construction Fund there shall be credited from the proceeds of the Bonds, exclusive of
unused discount and capitalized and accrued interest, an amount equal to the estimated cost of
the 2000 Projects and from the Construction Fund there shall be paid all construction costs and
expenses incurred by the City in construction of the 2000 Projects. There shall also be credited
to the Construction Fund all special assessments collected with respect to the 2000 Projects until
all costs of the 2000 Projects have been fully paid. After payment of all construction costs, the
Construction Fund shall be discontinued and any Bond proceeds remaining therein maybe
transferred to the other funds or accounts established for construction of other improvements
instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on hand in the
Construction Fund when terminated or thereafter received, and any Bond proceeds not so
transferred, shall be credited to the General Obligation Improvement Bonds, Series 2000A Bond
Fund of the City.
4.02. General Obligation Improvement Bonds. Series 2000A Bond Fund. So long as any
of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director
shall maintain a separate debt service fund on the official books and records of the City to be
known as the General Obligation Bonds, Series 2000A Bond Fund (the Bond Fund), and the
•
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principal of and interest on the Bonds shall be payable from the-Bond Fund. The City
irrevocably appropriates to the Bond Fund (a) any amount in excess of $9,337,020 received from
the Purchaser; (b) capitalized interest in the amount of $91,585; (c) the amounts specified in
Section 4.01 above, after payment of all costs of the 2000 Projects; (d) all taxes and special
assessments levied and collected in accordance. with this resolution; (e) all amounts on deposit in
the debt service fund maintained for the payment of the Refunded Bonds upon the retirement of
the Refunded Bonds and all future collections of special assessments and taxes received with
respect to the improvements financed or refinanced by the Refunded Bonds; and (f) all other
moneys as shall be appropriated by the City Council to the Bond Fund from time to time,
including funds from the Storm Sewer, Water and Sanitary Sewer Trunk Funds and Park
Dedication Fees in the amounts as shown on Abnendix I attached hereto.
There are hereby established two accounts in the Bond Fund, designated as the "Debt
Service Account" and the "Surplus Account." There shall initially be deposited into the Debt
Service Account upon the issuance of the Bonds the amount set forth in (a) and (b) above.
Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2
and ending on the following February 1), as monies are received into the Bond Fund, the Finance
Director shall first deposit such monies into the Debt Service Account until an amount has been
appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end
of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall
be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service
Account is insufficient for the payment of principal and interest then due, the Finance Director
shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent
necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to
time held in the Debt Service Account and Surplus Account shall be credited or charged to said
.accounts.
If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest
and principal then due on all Bonds payable therefrom, the payment shall be made from any fund
of the City which is available for that purpose, subject to reimbursement from the Surplus
Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants
and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory
limitation.
SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the cost of the 2000 Projects, the City has done or will do and perform all acts and
things necessary for the final and valid levy of special assessments in an amount not less than
20% of the cost of each of the improvements financed by the Bonds. The City estimates it will
levy special assessments in the aggregate principal amount of $2,012,388. It is estimated that the
principal and interest on such special assessments will be levied and collected in the years and
amounts shown on Appendix II attached hereto. In the event any such assessment shall at any
time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity
in any action or proceeding taken or to be taken by the City or by the City Council or by any of
the officers or employees of the City, either in the making of such assessment or in the
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• assessment or in the performance of any condition precedent thereto, the City hereby covenants
and agrees that it will forthwith do all such further things and take all such further proceedings as
shall be required by law to make such assessment a valid and binding lien upon said property.
SECTION 6. 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 special assessments
and other amounts as set forth in Section 4, will produce amounts not less than 5% in excess of
the 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. The taxes will be levied and
collected in the following years and amounts:
Levy Years Collection Years Amount
2000-2018 2001-2019 See attached Levy Computation
The 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 the tax levies in accordance with the
provisions of Minnesota Statutes, Section 475.61.
SECTION 7. 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 discharge its obligations with respect to any prepayable Bonds called for redemption on any
date when they are prepayable according to their terms, by depositing with the Registrar on or
before that date an amount equal to the principal, interest and redemption premium, if any, which
are then due, provided that notice of such redemption has been duly given as provided herein.
The City may also at any time discharge. its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at such time
and at such rates and maturing or callable at the holder's option on such dates as shall be required
to pay all principal and interest to become due thereon to maturity. or earlier designated
redemption date.
i
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SECTION 8. CERTIFICATION OF PROCEEDINGS.
8.01. Registration of Bond and Lew of Taxes. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Treasurer-Auditor of Dakota
County and obtain a certificate that the Bonds have been duly entered upon the County
Treasurer-Auditor's bond register and the tax required by law has been levied.
8.02. Authentication of Transcript. The officers of the City and the County Treasurer-
. 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 maybe required to show the facts
relating to the legality and marketability ofthe 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.
8.03. Official Statement. The Official Statement, dated as of August 7, 2000, and the
supplement thereto, relating to the. Bonds prepared and distributed by Springsted Incorporated,
the financial consultant for the City,. is hereby approved. Springsted Incorporated, is hereby
authorized on behalf of the City to prepare 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 SEC under the Securities Exchange Act of 1934. The officers of the City are hereby
authorized and directed to execute such certificates as maybe appropriate concerning the
accuracy, completeness and sufficiency of the Official Statement.
SECTION 9. TAX COVENANTS• ARBITRAGE MATTERS: REIMBURSEMENT AND
CONTINUING DISCLOSURE.
9.01. General Tax Covenant. The City covenants and agrees with the registered owners
from time to time 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 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. All proceeds of the Bonds deposited in the Construction Fund will be
expended solely for the payment of the costs of constructing the 2000 Projects. The 2000
Projects, together with the public improvements financed by the Refunded Bonds and refinanced
by the Bonds, will be owned and maintained by the City and available for use by members of the
general public on a substantially equal basis. The City shall not enter into any lease,
management contract, use agreement, capacity agreement or other agreement with any non-
. governmental person relating to the use of the 2000 Projects, or the public improvements
refinanced by the Bonds, or security for the payment of the Bonds which might cause the Bonds
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to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the
Code.
9.02. Arbitrage Certification. The Mayor and 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 the
provisions of 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.
9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. The City coyvenants 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(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, 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
(otherthan amounts constituting a "bona fide. debt service fund") arise during or after the
expenditure of the original proceeds thereof.
9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the 2000 Projects which the
City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with
respect to such prior expenditures, the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the 2000 Projects meeting the requirements of Section 1.150-2(f)(1) of the
Regulations, or (ii) with respect to "preliminary expenditures" for the 2000 Projects as defined in
Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and
similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of
the Bonds.
9.OS. 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 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
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• 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 form 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 (b) 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, 2000, 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, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
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 materialrespects 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.
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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 maybe incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC.. If the
document incorporated by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City 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 Information is changed or 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.
i (2) In a timely manner, notice. of the occurrence of any of the following events which is
a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
Release, substitution, or sale of property securing repayment of the securities;
and
(K) Rating. changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
•
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. meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section 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.
(c) Manner of Disclosure. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
.appropriate:
• (1) the information described in paragraph (1) of subsection (b), to each then nationally
recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs (2) and (3) of subsection (b), to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and.
(3) the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case maybe,
or, if such information is transmitted with a subsequent time of release, at the time
such information is to be released.
(d) Term; Amendments: Interpretation.
(1) The covenants of the City in this section 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
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• will not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act
of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure Information) maybe
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 maybe 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 a 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.
i If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section 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.
Upon vote being taken thereon, the following voted in favor thereof Zaun, Sindt, Luick,
Mulvihill and Johnson
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
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APPENDIX I
Storm/ Sanitary Water Park
Levy Year Sewer Trunk Sewer Trunk Trunk Dedication Total
2000 156,674 36,957 112,627 35,535 341,793
2001 156,674 36,957 112,627 35,535 341,793
2002 156,674 36,957 112,627 35,535. 341,793
2003 156,674 36,957 112,627. 35,535 341,793
2004 156,674 36,957 112,627 35,535 341,793
2005 156,674 36,957 112,627 306,258
2006 156,674 36,957 112,627 306,258
2007 156,674 36,957 112,627 306,258
2008 156,674 36,957 412,627 306,258
2009 156,674 36,957 112,627 306,258
2010 55,843 55,843
2011 55,843 55,843
2012 55,843 55,843
2013 55,843 55,843
2014 55,843 55,843
2015 55,843 55,843
2016 55,843 55,843
2017 55,843 55,843
2018 55,843 55,843
Total 1,566,740 369,570 1,628,857 177,675 3,742,842
•
` APPEi\TDIi~ II
City of Lakeville, Minnesota
General Obligation Improvement Bonds, Series 2000A
Projected Assessment Income
98-10 Phase I
Date Principal Coupon Total P+I
12/31 /2001 - - -
12/31 /2002 64,512.00 - 64,512.00
12/31 /2003 124,277.00 - 124,277.00
12/31 /2004 179,316.00 - 179,316.00
12/31 /2005 228,394.00 - 228,394.00
12/31 /2006 239,146.00 - 239,146.00
12/31 /2007. 131,626.00 - 131,626.00
12/31 /2008 82,613.00 - 82,613.00
12/31 /2009 38,326.00 - 38,326.00
Total 1,088,210.00 - 1,088,210.00
City of Lakeville, Minnesota
General Obligation Improvement Bonds, Series 2000A
Projected Assessment Income
98-10 Phase II
Date .Principal Coupon Total P+I
12/31 /2003 - - -
12/31 /2004 - - -
12/31 /2005 - - -
12/31/2006 - - -
12/31 /2007 11,614.00 - 11,614.00
12/31 /2008 22,182.00 - 22,182.00
12/31 /2009 31,409.00 - 31,409.00
12/31 /2010 39,729.00 - 39,729.00
12/31/2011 39,729.00 - 39,729.00
12/31 /2012 45,444.00 - 45,444.00
12/31 /2013 50,758.00 - 50,758.00
12/31 /2014 55,671.00 - 55,671.00
12/31 /2015 59,110.00 - 59,110.00
12/31 /2016 59,110.00 - 59,110.00
12/31 /2017 41,657.00 - 41,657.00
12/31/2018 26,075.00 - 26,075.00
12/31 /2019 11,440.00 - 11,440.00
Total 493,928.00 - 493,928.00
I t
~~Ermzx zz
City of Lakeville, Minnesota
General Obligation Improvement Bonds, Series 2000A
Projected Assessment Income
Kenwood Jr. High Road
Date Principal Coupon Interest Total P+I
12/31/2001 9,330.48 6.750% 15,525.00 24,855.48
12/31/2002 9,960.28 6.750% 14,895.20 24,855.48
12/31/2003 10,632.60 6.750% 14,222.88 24,855.48
12/31/2004 11,350.30 6.750% 13,505.18 24,855.48
12/31/2005 12,116.45 6.750% 12,739.02 24,855.47
12/31/2006 12,934.31 6.750% 11,921.16 24,855.47
12/31/2007 13,807.38 6.750% 11,048.10 24,855.48
12/31/2008 14,739.37 6.750% 10,116.10 24,855.47
12/31/2009 15,734.28 6.750% 9,121.20 24,855.48
12/31/2010 16,796.35 6.750% 8,059.14 24,855.49
12/31/2011 17,930.10 6.750% 6,925.38 24,855.48
12/31/2012 19,140.38 6.750% 5,715.10 24,855.48
12/31/2013 20,432.36 6.750% 4,423.12 24,855.48
12/31/2014 21,811.54 6.750% .3,043.94 24,855.48
12/31/2015 23,283.82 6.750% 1,571.66 24,855.48
Total 230,000.00 142,832.18. 372,832.18
City of Lakeville, Minnesota
General Obligation Improvement Bonds, Series 2000A
Projected Assessment Income
Sealcoating
Date Principal Coupon Interest Total P+I
12131/2001 100,125.00 6.750% 13,516.$8 113,641.88
12/31/2002 100,125.00 6.750% 6,758.44 106,883.44
Total 200,250.00 - 20,275.32 220,525.32
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City of Lakeville, Minnesota
G.O. Improvement Bonds, Series 2000A
• Post Sale Tax Levies
TAX LEVIES CERTIFIED TO COUNTY AUDITOR
Year Levy Year .Levy Amount Year Levy Year Levy Amount
Is Made Is Collected Of Levy Is Made Is Collected Of Levy
1999 2000 ~ 2015 2016 358,473
2000 2001 552,670 2016 2017 359,661
2001 2002 561,183 2017 2018 358,459
2002 2003 629,179 2018 2019 209,323
2003 2004 640,009
2004 2005 637,060
2005 2006 611,987
2006 2007 .613,242
2007 2008 626,422
2008 2009 620,285
2009 2010 626,533
2010 2011 367,358
2011 2012 365,224
2012 2013 367,373.
2013 2014 352,547
2014 2015 354,682