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HomeMy WebLinkAbout13.F.1. Awarding Sale of General Obligation Improvement Bonds-Res. No. 6792 J 3. ~ J. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Awarding Sale of 2008A Improvement Bonds DATE: July 25, 2008 Introduction Council action is needed to award the sale of 2008A Improvement Bonds. Background The attached resolution was prepared by bond counsel to award the sale of improvement bonds series 2008A. The resolution needs to be adopted at the August 6th Council meeting to complete the bond sale. It is expected that Springsted will bring completed resolutions to the council meeting. Springsted will make the presentation to Council of the results of the sale. Action Offer Resolution No. 6792 A Resolution Awarding The Sale Of $2,170,000 General Obligation Improvement Bonds Series 2008A, Fixing Their Form and Specifications; Directing Their Execution And Delivery; and Providing For Their Payment, and move its adoption. GreJiLxland Finance Director H:\finance\cash\bonds\ Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Shakopee, Minnesota, was duly held in the City Hall in said City on Wednesday, August 6, 2008, commencing at 7:00 P.M. The following members were present: and the following were absent: *** *** *** The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately $2,170,000 General Obligation Improvement Bonds, Series 2008A. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following resolution, and moved its adoption: RESOLUTION NO. 6792 A RESOLUTION AWARDING THE SALE OF $2,170,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser") to purchase $ General Obligation Improvement Bonds, Series 2008A (the "Bonds") of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 True interest cost: 1.02. Purchase Contract. The sum of $ , being the amount proposed by the Purchaser in excess of $2,151,555, shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund hereinafter created, as determined by the City's City Administrator, in consultation with the City's financial advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (the "Act") in the total principal amount of$ , originally dated Septeml,Jer 1, 2008, in the deno.mination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and maturing serially on February 1 without option of prior payment in the years and amounts as follows: 2 Year Amount Year Amount 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 1.04. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2009, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides 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 a 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 will 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 that interest payment date. 3 (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will 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. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will 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 a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is 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 payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a 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 10st, 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 and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must 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 is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon 4 merger or consolidation of the Registrar with another corporation, ifthe resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is 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 upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not 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 a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: 5 No.R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2008A Date of Rate Maturity Original Issue CUSIP February 1, 20_ September 1, 2008 Registered Owner: Cede & Co. The City of Shakopee, Minnesota, a dilly organized and existing municipal corporation in Scott 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 sum of $ on the maturity date specified above, without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1,2009, 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. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, 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.i;;;:(; The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 6, 2008 (the "Resolution"), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers 6 thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. 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 Bond 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 Bond 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 Bond 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 Bond Registrar will 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, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its.behalfby the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: 7 CITY OF SHAKOPEE, MINNESOTA (Facsimile ) (Facsimile ) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian In common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors IT TEN -- as joint tenants with right of survivorship and Act. . . . . . '. . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. 8 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 any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifYing number of assignee 9 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ill #13-2555119 3.02. Approving Legal Opinion. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment: Security; Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds, Series 2008ADebtService Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes"), and special assessments (the "Assessments") levied or to be levied for the Improvements described in the resolution authorizing the sale of the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.02 and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. (b) Construction Fund. The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) (the "Construction Fund") to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. (Upon approval by the City Council, any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted pursuant to the Act.) When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 10 4.02. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2009 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount ofthe current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. Pledge of Tax Levv. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years'and amounts as provided in Exhibit B attached hereto. 4.04. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Administrator may certify to the County Auditor of Scott County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. County Auditor Certificate as to Registration. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 11 Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, Administrator and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders 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 action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2008) exceed the small-issuer exception amount of $5,000,000. . .. . (b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(:t)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the 12 Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax -exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates . the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) ofthe Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2007 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration rtlpo.ks kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depositol'Y''''' Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee ofDTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee ofDTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with 13 respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution offl?,e City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given; respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. 14 Section 8. Continuing Disclosure. 8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all 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. 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 to the date of such deposit. Adopted in regular session of the City Council of the City of Shakopee, held this 6th day of August, 2008. Mayor of the City or Shakopee ATTEST: City Clerk (The remainder of this page is intentionally left blank.) 15 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 16 STATE OF MINNESOTA ) ) COUNTY OF SCOTT ) SS. ) CITY OF SHAKOPEE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Scott County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on August 6, 2008 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Improvement Bonds, Series 2008A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of ,2008. City Clerk Shakopee, Minnesota (SEAL) 336995vl (JAB) SH155-202 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF SCOTT TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Scott County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Shakopee, Minnesota, on August 6, 2008, levying taxes for the payment of $ General Obligation Improvement Bonds, Series 2008A, of said municipality dated September 1, 2008, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS Myhand and official seal this day of ,2008. County Auditor Scott County, Minnesota (SEAL) Deputy EXHIBIT B TAX LEVY SCHEDULE YEAR * TAX LEVY $ * Year tax levy collected. B-1 OFFICIAL STATEMENT DATED JULY 23,2008 Rating: Requested from Moody's NEW ISSUE Investors Service In the opinion of Kennedy & Graven, Chartered, Bond Counsel, under existing laws, regulations, rulings and decisions, assuming compliance with the covenants set forth in the Resolution awarding the sale of the Bonds, the interest on the Bonds is not includable in the gross income of the owners thereof for federal income tax purposes or in taxable n€!t income of individuals, estates or trusts for Minnesota income tax purposes, and is not a preference item for purposes of the computation of the federal alternative minimum tax or the computation of Minnesota alternative minimum tax imposed on individuals, trusts and estates. Interest on the Bonds is includable in the calculation of certain federal and Minnesota taxes imposed on corporations. (See "Tax Exemption" herein.) $2,170,000* 4." City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2008A (Book Entry Only) Dated date: September 1, 2008 Interest Due: Each February 1 and August 1, commencing August 1, 2009 The Bonds will mature February 1 as follows: 2010 $365,000 2012 $190,000 2014 $195,000 2016 $200,000 2018 $210,000 2011 $190,000 2013 $195,000 2015 $200,000 2017 $210,000 2019 $215,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. The Bonds will not be subject to payment in advance of their respective stated maturity dates. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. Proposals must be for not less than $2,151,555 plus accrued interest on the total principal amount of the Bonds. Proposals must be accompanied by a good faith deposit in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $21,700, payable to the order of the City. Proposals shall specify rates in integral multiples of 5/100 or 1/8 of 1 %. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1 % lower than the highest rate of any of the preceding maturities. The Bonds will be awarded on the basis of True Interest Cost (TIC). The City will designate the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Bonds will not be subject to the alternative minimum tax for individuals. The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registrar") for the Bonds. The Bonds will be available for delivery at DTC on or about September 4, 2008. * Preliminary; subject to change. PROPOSALS RECEIVED: August 6, 2008 (Wednesday) until 10:30 A.M., Central Time AWARD: August 6, 2008 (Wednesday) at 7:00 P.M., Central Time FJ Springsted Further information may be obtained from SPRINGSTED Incorporated, Financial Advisor to the City, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000. For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the Issuer from time to time (collectively, the "Official Statement"), may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the Issuer, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the Issuer with respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The Issuer designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the Issuer. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the Issuer and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts of documents prepared by or on behalf of the Issuer have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. Any CUSIP numbers for the Obligations included in the Final Official Statement are prOVided for convenience of the owners and prospective investors. The CUSIP numbers for the Obligations have been assigned by an organization unaffiliated with the Issuer. The Issuer is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Obligations or as set forth in the Final Official Statement. No assurance can be given that the CUSIP numbers for the Obligations will remain the same after the date of issuance and delivery of the Obligations. TABLE OF CONTENTS PaQe(s) Terms of Proposal .......................... ...... ........................................................................... j-iv .. Introductory Statement........ ....................... ................................. ............ ....... ........ .......... 1 Continuing Disclosure..................... ............................................................. ........ ........ ..... 1 The Bonds......................... ............... ...... ......... .......... ............................... ...... .................. 2 Authority and Purpose....................... ._................................... .......................................... 4 Security and Financing................................................................. ......... ........................... 4 Future Financing..................... ....... ...................................................... ............................. 5 Litigation................................................ .................................. ......... ................................ 5 Legality....................................................... ............................... .... ..................... .............. 5 Tax Exemption.............................................................. ........... ... .......... ............................ 5 Bank-Qualified Tax-Exempt Obligations............................................. .............................. 6 Rating ....................... ..... ...... ......... ... ............................ ...... ..... ..... ..... ................................ 6 Financial Advisor......................................................... ............ ............................ ............. 7 Certification................................................................................................................. ...... 7 City Property Values..................................... ......... ................. ........................ .................. 8 City Indebtedness............... ............................ .............. ............. ............................ ...... ..... 9 City Tax Rates, Levies and Collections ........................ ......................... ......... .......... ......... 14 Funds on Hand............................ ................................................................ ...... ............... 15 City Investments........................ ................................... .................................................... 15 General Information Concerning the City................ ............ ................. ............... .............. 16 Governmental Organization and Services................................................... ...................... 18 Proposed Form of Legal Opinion ............... ............................................ ........ ......... Appendix I Continuing Disclosure Certificate ........ ... ................... ..... .... ..... .......... ...................... Appendix " Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation ...................................................................... Appendix III Excerpt of 2007 Annual Financial Statements ........................................................ Appendix IV THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,170,000 * CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Wednesday, August 6, 2008, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed BiddinQ. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic BiddinQ. Notice is hereby given that electronic proposals will be received via PARITy'l9. For purposes of the electronic bidding process, the time as maintained by PARITY@ shall constitute the official time with respect to all Bids submitted to PARI,-y@. Each bidder shall be solely responsible for making necessary arrangements to access PARIT~ for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARI,-y@ shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARI,-y@ shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARIty@. The City is using the services of PARIJYl' s~ as a communication mechanism to conduct the electronic bidding for the Bonds, and PARI is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITYilll, this Terms of Proposal shall control. Further information about PARITY@, including any fee charged, may be obtained from: PARIW, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 . Preliminary; subject to change. - i - DETAILS OF THE BONDS The Bonds will be dated September 1, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be computed on the basis of a 360-day year of twelve 3D-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2010 $365,000 2013 $195,000 2016 $200,000 2018 $210,000 2011 $190,000 2014 $195,000 2017 $210,000 2019 $215,000 2012 $190,000 2015 $200,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. . Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of OTC and its participants. Principal and interest are payable by the registrar to OTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. - ii - TYPE OF PROPOSALS Proposals shall be for not less than $2,151,555 cmd accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $21,700, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1 % lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. - iii - SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no~litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the . maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 1, 2008 BY ORDER OF THE CITY COUNCIL 1st Judy Cox City Clerk - iv- OFFICIAL STATEMENT $2,170,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A (BOOK ENTRY ONL Y) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Shakopee, Minnesota (the "City" or the "Issuer") and its issuance of $2,170,000' General Obligation Improvement Bonds, Series 2008A (the "Bonds", the "Obligations" or the "Issue"). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. Inquiries may be directed to Mr. Gregg Voxland, Finance DirectorlTreasurer, City of Shakopee, 129 South Holmes Street, Shakopee, Minnesota 55379, by telephoning (952) 233-9326, or via email at gvoxland@cLshakopee.mn.us. Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, S1. Paul, Minnesota 55101-2887, or by telephoning (651) 223-3000. If information of a specific legal nature is desired, requests may be directed to Kennedy & Graven, Chartered, Bond Counsel, 470 U.S. Bank Plaza, Minneapolis, Minnesota 55402, or by telephoning (612) 337-9300. CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission, pursuant to the Securities Exchange Act of 1934, as the same may be amended from time to time, and official interpretations thereof (the "Rule"), pursuant to the Award Resolution, the City has entered into an undertaking (the "Undertaking") for the benefit of holders including beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events are set forth in the Continuing Disclosure Certificate to be executed and delivered by the City at the time the Bonds are delivered in substantially the form attached hereto as Appendix II. The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although . The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. - 1 - holders will have any available remedy at law or in equity). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. THE BONDS General Description The Bonds are dated as of September 1, 2008 and will mature in the amounts and on the dates shown on the front cover of this Official Statement. The Bonds are being issued in book entry form. Interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest on the Bonds will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar as of the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the section herein entitled "Book Entry System." U.S. Bank National Association, St. Paul, Minnesota will serve as Registrar for the Bonds. The City will pay for registration services. Optional Redemption The Bonds will not be subject to payment in advance of their respective stated maturity dates. Book Entry System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Obligations. The Obligations will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each maturity of the Obligations, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for securities that its participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and members of the National Securities Clearing Corporation and Fixed Income Clearing Corporation all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.orq. -2- Purchases of Obligations under the DTC system must be made by or through Direct Participants, which will receive a credit for the Obligations on DTC's records. The ownership interest of each actual purchaser of each Obligation ("Beneficial . Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Obligations are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Obligations, except in the event that use of the book-entry system for the Obligations is discontinued. To facilitate subsequent transfers, all Obligations deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Obligations with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Obligations; DTC's records reflect only the identity of the Direct Participants to whose accounts such Obligations are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Obligations may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Obligations, such as redemptions, tenders, defaults, and proposed amendments to the Obligations documents. For example, Beneficial Owners of the Obligations may wish to ascertain that the nominee holding the Obligations for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of the notices be provided directly to them. Redemption notices are required to be sent to DTC. If less than all of the Obligations within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Obligations unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer or Bond Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Obligations are credited on the record date (identified in a listing attached to the Omnibus Proxy). Payment of principal, interest, and redemption premium, if any, on the Obligations will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the Issuer or its agent on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC (nor its nominee), the Bond Registrar, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, interest, and redemption premium, if any, to Cede & - 3 - Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Bond Registrar, Issuer, or the Issuer's agent. Disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. A Beneficial Owner shall give notice to elect to have its Obligations purchased or tendered, through its Participant, to Trustee, and shall effect delivery of such Obligations by causing the Direct Participant to transfer the Participant's interest in the Obligations, on DTC's records, to Trustee. The requirement for physical delivery of Obligations in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Obligations are transferred by Direct Participants on DTC's records and followed by a book- entry credit of tendered Obligations to Trustee's DTC account. DTC may discontinue providing its services as securities depository with respect to the Obligations at any time by giving reasonable notice to the Issuer or its agent. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Bonds, along with available City funds and prepaid assessments, will be used to finance various improvement projects within the City. The composition of the Bonds is as follows: Project Costs $2,717,984 Less: Available City Funds (231,960) Prepaid Assessments (362,444 ) Plus: Costs of Issuance 27,975 AllowaQce for Discount Bidding 18,445 Total Bond Issue $2,170,000 SECURITY AND FINANCING The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. Special assessments in the principal amount of $1 ,373,660 are expected to be filed on or about October 17, 2008. Of that amount, the City expects to receive $362,444 in prepayments which have been used to reduce the borrowing amount. The assessments will be spread over terms of one and ten years, with equal annual payments of principal. Interest will be charged on the unpaid balance at a rate of 1.50% over the true interest rate on the Bonds. -4- ,.,.,..- The City is expected to make its first levy for the Bonds in 2008 for collection in 2009. Each year's collections of special assessments and taxes, if collected in full, will be sufficient to pay 105% of the interest due on August 1 in the year of collection arid the principal and interest due on February 1 of the following year. FUTURE FINANCING The City does not anticipate any additional borrowing within the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Kennedy & Graven, Chartered, of Minneapolis, Minnesota as Bond Counsel. Kennedy & Graven also serves as City Attorney. Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement and will express no opinion with respect thereto. A legal opinion in substantially the form set out as Appendix I to this Official Statement will be delivered at closing. TAX EXEMPTION In the opinion of Bond Counsel, under existing statutes, regulations, rulings and decisions, interest on the Bonds is not includable in the "gross income" of the owners thereof for purposes of federal income taxation and is not includable in net taxable income of individuals, estates or trusts for purposes of State of Minnesota income taxation, but is subject to State of Minnesota franchise taxes measured by income that are imposed upon corporations and financial institutions. Noncompliance following the issuance of the Bonds with certain requirements of the Internal Revenue Code of 1986, as amended, (the "Code") and covenants of the bond resolution may result in the inclusion of interest on the Bonds in gross income (for federal tax purposes) and net taxable income for State of Minnesota tax purposes of the owners thereof. No provision has been made for redemption of the Bonds, or for an increase in the interest rate on the Bonds, in the event that interest on the Bonds becomes SUbject to United States or State of Minnesota income taxation. The Code imposes an alternative minimum tax with respect to individuals and corporations on alternative minimum taxable income. Interest on the Bonds will not be treated as a preference item in calculating alternative minimum taxable income. The Code provides, however, that a portion of the adjusted current earnings of a corporation not otherwise included in the minimum -5- tax base would be included for purposes of calculating the alternative minimum tax that may be imposed with respect to corporations. Adjusted current earnings include income received that is otherwise exempt from taxation such as interest on the Bonds. The Code provides that in the case of an insurance company subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be taken into account as "losses incurred" under Section 832(b)(5) shall be reduced by an amount equal to 15% of the interest on the Bonds that is received or accrued during the taxable year. Interest on the Bonds may be included in the income of a foreign corporation for purposes of the branch profits tax imposed by Section 884 of the Code. Under certain circumstances, interest on the Bonds may be subject to the tax on "excess net passive income" of Subchapter S corporations imposed by Section 1375 of the Code. The above is not a comprehensive list of all federal tax consequences which may arise from the receipt of interest on the Bonds. The receipt of interest on the Bonds may otherwise affect the federal or State income tax liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items or deductions. Bond Counsel expresses no opinion regarding any such consequences. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. RATING Application for a rating of the Bonds has been made to Moody's Investors Service ("Moody's"), 7 World Trade Center, 250 Greenwich Street, 23rd Floor, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn if, in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. - 6- FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other publiC securities and therefore will not participate in the underwriting of the Bonds. CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Official Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (The Balance of This Page Has Been Intentionally Left Blank) -7- CITY PROPERTY VALUES 2007 Indicated Market Value of Taxable Property: $4,323,999,431* * Indicated market value is calculated by dividing the City's taxable market value of $3,800,795,500 by the 2006 sales ratio of 87.9% for the City as determined by the State Department of Revenue. (2007 sales ratios are not yet available) 2007 Taxable Net Tax Capacity: $43,851,703 2007 Net Tax Capacity $46,110,112 Less: Captured Tax Increment Tax Capacity (411,490) Contribution to Fiscal Disparities (5,407,471) Plus: Distribution from Fiscal Disparities 3.560,552 2007 Taxable Net Tax Capacity $43,851,703 2007 Taxable Net Tax Capacity by Class of Property Real Estate: Residential Homestead $25,805,239 58.9% Commercial/Industrial, Public Utility, and Railroad* 13,215,114 30.1 Residential Non-Homestead 4,136,839 9.4 Agricultural and Seasonal/Recreational 408,541 0.9 Personal Property 285,970 ~ Total $43,851,703 100.0% * Reflects adjustments for fiscal disparities and captured tax increment tax capacity. Trend of Values Indicated Taxable Taxable Net Market Value(a) Market Value Tax Capacity(b) 2007 $4,323,999,431 $3,800,795,500 $43,851,703 2006 3,889,693,515 3,419,040,600 39,164,767 2005 3,297,635,099 2,987,657,400 34,470,585 2004 2,945,805,660 2,654,170,900 30,211,233 2003 2,613,735,574 2,255,653,800 25,626,029 (a) Indicated market values are calculated by dividing the City's taxable market value by the sales ratio determined for the City each year by the State Department of Revenue. (b) See Appendix /II for an explanation of taxable net tax capacity and the Minnesota property tax system. - 8- Ten of the largest Taxpayers in the City 2007 Net Taxpayer Type of Property Tax Capacity First Industrial Limited Partnership Residential/Commercial $ 599,026 Xcel Energy Utility 532,876 Shakopee Crossings Limited Partnership Residential/Commercial 436,954 Rahr Malting Co. Malting Company 408,370 Seagate Technology Inc. Computer Hardware 399,250 Certain Teed Products Corp. Industrial 397,522 Inland Shak Valley Marketplace Commercial 388,392 Cedar Fair Limited Partnership Valleyfair Amusement Park 358,348 Ryan Companies US Inc. Commercialllndustrial 329,094 Canterbury Park Holding Corporation Commercial/Industrial 314,748 Total $4,164,580* * Represents 9.5% of the City's 2007 taxable net tax capacity. CITY INDEBTEDNESS legal Debt limit* Legal Debt Limit (3% of Taxable Market Value) $114,023,865 Less: Outstanding Debt Subject to Limit (7,165,000) Legal Debt Margin at May 31, 2008 $106,858,865 * Beginning with issues having a settlement date after June 30, 2008, State statutes have increased the legal debt limit from 2% to 3% of the City's taxable market value. The legal debt margin is referred to statutorily as the "Net Debt Limit" and permits debt to be offset by debt service funds and current revenues which are applicable to the payment of debt in the current fiscal year. To conservatively state the legal debt margin, no such offset has been used to increase the margin as shown above. General Obligation Debt Supported by Taxes* Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 5-31-08 5-1-04 $2,275,000 Fire Station Refunding 2-1-2017 $1,780,000 11-1-04 6,000,000 Capital Improvement (Public Works) 2-1-2025 5,385,000 Total $7,165,000 * These issues are subject to the statutory debt limit. -9- General Obligation Debt Supported by Taxes and/or Special Assessments Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 5-31-08 11-1-97 $1,805,000 Local Improvements 2-1-2009 $ 70,000 12-1-98 2,375,000 Local Improvements 2-1-2010 390,000 10-1-00 2,560,000 Local Improvements 2-1-2011 705,000 2-1-02 1,185,000 Local Improvements 2-1-2012 540,000 7-1-02 3,750,000 Local Improvements 2-1-2013 1,010,000 6-1-03 2,215,000 Local Improvements 2-1-2014 925,000 5-1-04 4,225,000 Local Improvements 2-1-2025 3,035,000 11-1-04 2,570,000 Local Improvements 2-1-2015 1,770,000 7-1-06 3,440,000 Local Improvements 2-1-2017 3,130,000 2-1-07 1,370,000 Local Improvements 2-1-2017 1 ,260,000 9-1-07 1,445,000 Local Improvements 2-1-2018 1,445,000 9-1-08 2,170,000 Local Improvements (this Issue) 2-1-2019 2,170,000 Total $16,450,000 General Obligation Debt Supported by Revenues Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 5-31-08 9-1-03 $6,640,000 Northridge Apartments 2-1-2034 $ 6,315,000(a) 7-15-06 3,360,000 River City Centre-Housing Refunding 2-1-2027 3,110,000(b) 7-15-06 905,000 River City Centre-Retail Refunding (Taxable) 2-1-2018 805,000(b) 7-15-06 1,125,000 River City Centre-Retail Refunding 2-1-2024 1 ,225,000(b) Total $11,455,000 (a) These bonds were sold by the Scott County Community Development Agency (the "CDA") to finance a senior housing project in the City. The bonds are being repaid from project revenues and a portion of the CDA s special benefits tax. The bonds are a general obligation of both Scott County and the City. (b) These issues were sold by the CDA to finance a combination housing and retail project located in the City. These issues are being repaid from revenues of the project and tax increment collections. - 10- Revenue Debt* Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 5-31-08 12-1-99 $ 9,850,000 Utility Improvements 2-1-2009 $ 145,000 6-1-01 12,000,000 Utility Improvements 2-1-2009 275,000 5-1-03 3,385,000 Utility Improvements Refunding 8-1-2018 2,650,000 10-1-04 9,830,000 Utility Improvements Refunding 2-1-2028 9,505,000 11-1-06 10,570,000 Utility Improvements Refunding 2-1-2030 10,570.000 Total $23,145,000 * These issues were sold by the Shakopee Public Utilities Commission to finance capital improvements, replacements and additions to the electric and water utilities comprising the Shakopee Public Utilities. Annual Calendar Year Debt Service Payments Including This Issue G.O. Debt Supported G.O. Debt by Taxes and/or Supported bv Taxes Special Assessments Principal Principal Year Principal & Interest Principal & Interest(a) 2008 (at5-31) (Paid) $ 137,571.89 (Paid) $ 298,719.59 2009 $ 410,000 678,993.78 $ 2,250,000 2,826,779.19 2010 415,000 671,618.78 2,515,000 3,011,308.77 2011 435,000 678,683.78 1,940,000 2,354,352.52 2012 445,000 674,568.78 1,820,000 2,164,152.52 2013 460,000 674,323.15 1,785,000 2,062,129.39 2014 475,000 671,982.52 1,555,000 1,769,325.01 2015 500,000 677,482.52 1,330,000 1,488,656.26 2016 515,000 672,182.52 980,000 1,093,106.26 2017 530,000 666,170.02 970,000 1,044,466.26 2018 320,000 439,057.52 460,000 505,962.51 2019 335,000 440,957.52 310,000 340,352.51 2020 345,000 437,141.89 90,000 111,987.51 2021 360,000 437,466.26 90,000 108,050.01 2022 380,000 441,831.26 90,000 104,056.26 2023 395,000 440,362.51 90,000 100,006.26 2024 415,000 442,890.63 90,000 95,956.26 2025 430,000 439,406.25 85,000 86,965.63 Total $7, 165,000(b) $9,722,691.58 $16,450,000(e) $19,566,332.72 (a) Includes the Bonds at an assumed average annual interest rate of 3. 70%. (b) 62.9% of this debt will be retired within ten years. (e) 94.9% of this debt will be retired within ten years. I I I I - 11 - Annual Calendar Year Debt Service Payments Including This Issue (Continued) GoO. Debt Supported by Revenues Revenue Debt Principal Principal Year Principal & Interest Principal & Interest 2008 (at 5-31) (Paid) $ 265,014.38 $ 200,000 $ 979,558.78 2009 $ 260,000 785,038.76 710,000 1,963,252.54 2010 280,000 794,422.51 765,000 1,700,921.90 2011 295,000 797,715.01 780,000 1,687,231.90 2012 310,000 800,051.26 830,000 1,706,541.27 2013 335,000 811,217.51 825,000 . 1,669,511.90 2014 350,000 811,283.76 875,000 1,686,04;3.78 2015 450,000 893,055.01 890,000 1,662,912.53 2016 475,000 896,316.26 950,000 1,683,412.53 2017 505,000 903,025.63 985,000 1,376,675.03 2018 520,000 894,188.75 1,015,000 1,663,790.03 2019 550,000 900,282.50 1,035,000 1,635,431.28 2020 575,000 900,170.00 1,130,000 1,685,550.03 2021 605,000 903,510.00 1,175,000 1,681,975.03 2022 645,000 914,950.00 1,220,000 1,676,081.28 2023 670,000 909,565.00 1,275,000 1,677,609.40 2024 555,000 766,128.75 1,350,000 1,695,531.26 2025 495,000 681,690.00 1,400,000 1,684,875.00 2026 515,000 678,132.50 1,450,000 1,671,515.63 2027 540,000 678,451.25 1 ,430,000 1,587,515.63 2028 310,000 428,267.50 1,365,000 1,460,468.75 2029 325,000 427,625.00 725,000 774,328.13 2030 340,000 426,000.00 765,000 781,734.38 2031 360,000 428,500.00 2032 380,000 430,000.00 2033 395,000 425,625.00 2034 415,000 425,375.00 Total $11,455,000(a) $18,975,601.34 $23,145,OOO(b) $35,792,467.99 (a) 33.0% of this debt will be retired within ten years. (b) 33.7% of this debt will be retired within ten years. - 12- Summary of Direct Debt Including This Issue Less: Debt Net Gross Debt Service Funds(a) Direct Debt GoO. Debt Supported by Taxes $ 7,165,000 $ (279,888) $ 6,885,112 GoO. Debt Supported by Taxes and/or Special Assessments 16,450,000 (3,861 ,185) 12,588,815 G.O. Debt Supported by Revenues 11,455,000 (b) 11,455,000 Revenue Debt 23,145,000 (c) 23,145,000 (a) Debt service funds are as of May 31, 2008 and include moneys to pay both principal and interest. (b) Paid from revenues held by the Scott County CDA. (c) Moneys from the City's various enterprise funds are transferred to the debt service funds only as required. Indirect General Obligation Debt Debt Applicable to 2007 Taxable G.O. Debt Tax Capacity in City Taxinq Unit Net Tax Capacity As of 5-31-08(a) Percent Amount Scott County $ 162,140,251 $ 73,550,000 27.1% $ 19,932,050 ISO No. 720 (Shakopee) 49,838,385 158,250,000 85.2 134,829,000 ISD No. 191 (Burnsville- Eagan-Savage) 71,177,611 77,895,000 2.0 1,557,900 Metropolitan Council 3,594,085,267 21,645,000(b) 1.2 259,740 Metropolitan Transit 2,807,278,163 194,335,000(c) 1.6 3,109,360 Total $159,688,050 (a) Excludes general obligation tax and aid certificates, general obligation debt supported by revenues and revenue debt. Includes annual appropriation lease obligations. (b) Excludes general obligation debt supported by sewer system revenues, 911 user fees, and housing rental payments. Includes certificates of participation. (c) Includes lease revenue bonds, subject to annual appropriation, issued by the Bloomington Port Authority for constructing and equipping a transit station and parking ramp. Debt Ratios* G.O. Net G.O. Indirect & Direct Debt Net Direct Debt 2007 Indicated Market Value ($4,323,999,431) 0.45% 4.14% Per Capita (30,971 - 2006 Metropolitan Council Estimate) $629 $5,785 * Excludes general obligation debt supported by revenues and revenue debt. - 13 - CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in Independent School District No. 720 (Shakopee) 2007/08 For 2003/04 2004/05 2005/06 2006/07 Total Debt Only Scott County 36.635% 35.361% 34.107% 33.140% 32.646% 8.549% City of Shakopee(a) 32.433 31.115 30.974 31.939 31.925 2.028 ISO No. 720 (Shakopee )(b) 21.517 25.215 27.789 27.132 26.103 22.238 Special Districts(c) 5.197 4.660 4.578 4.434 4.642 0.543 Total 95.782% 96.351 % 97.448% 96.645% 95.316% 33.358% (a) The City also has a 2007/08 tax rate of 0.00537% spread on the market value of property in support of debt service. (b) Independent School District No. 720 (Shakopee) also has a 2007/08 tax rate of O. 11359% spread on the market value of property in support of an excess operating levy. (c) Special districts include the Shakopee Economic Development Authority, Scott County Community Development Agency, Metropolitan Council, Metropolitan Transit, Mosquito Control, and the Lower Minnesota Watershed District. NOTE: Property taxes are determined by multiplying the net tax capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. This table does not include the market value based rates. See Appendix 11/. Tax Levies and Collections Collected During Collected Collection Year as of 12-31-07 Levy/Collect Net Levy* Amount Percent Amount Percent 2007/08 $13,701,849 (In Process of Collection) 2006/07 12,103,656 $11,853,798 97.9% $11,948,358 98.7% 2005/06 10,399,773 10,157,926 97.7 10,350,050 99.5 2004/05 9,137,144 8,997,115 98.5 9,131,471 99.9 2003/04 8,046,291 7,846,952 97.5 8,044,289 99.9 "''''''. * The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing the tax capacity rates. See Appendix 11/. - 14 - FUNDS ON HAND As of May 31,2008 Fund Cash and Investments General $ 3,862,939 Special Revenue 4,222,153 Debt Service: G.O. Tax Levy 279,888 G.O. Special Assessment 3,861,185 Capital Projects 8,043,773 Enterprise 26,376,095* Internal Service 8,018,649 Trust and Agency 2.767.737 Total $57,432,419 * Excludes Shakopee Public Utilities Commission cash and investments. CITY INVESTMENTS Safety of principal is the foremost objective of the City's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands can not be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. As of May 31, 2008, the market value of the City's investments, excluding the Shakopee Public Utilities Commission investments, totaled $57,736,363, including treasury securities purchased at a discount and accruing interest. Of the City's total investments, approximately 24% of the investments will mature in less than one year (including government mutual funds and money market funds) and 36% will mature in one to five years. - 15- GENERAL INFORMATION CONCERNING THE CITY The City is located in northeastern Scott County, approximately 25 miles southwest of the City of Minneapolis. The City is the Scott County seat and is part of the Minneapolis/St. Paul seven-county metropolitan area. The Minnesota River forms the City's northern boundary. The City encompasses an area of 29 square miles, since having annexed 340 acres in Jackson Township in November 2006. The City's population has been increasing rapidly in recent years, as shown below. U.S. Census Year Population Percent Increase 2006 30,971 * 50.6% 2000 20,568 75.2 1990 11 ,739 18.1 1980 9,941 44.6 1970 6,876 --- * Metropolitan Council estimate. Major Employers in the City Approximate Number Employer Product/Service of Employees Valleyfair Amusement Park 1,600(a) Seagate Technology Inc. Computer Equipment Manufacturing 1,200 Canterbury Park Horse Racing 1,100 Independent School District No. 720 Education 947 S1. Francis Regional Medical Center Health Care 900 Scott County County Government 713 Northstar Auto Auction Motor Vehicle Sales 332 American Color (formerly Shakopee Valley Printing) Printing Company 287 Anchor Glass Container Corp. Glass Container Manufacturing 282 City of Shakopee City Government 251 (b) T oro Company Turf Care Products 249 Women's Correctional Facility Women's Prison 244 CertainTeed Corp. Asphalt Shingles Manufacturing 237 Silgan Containers Corp. Metal Cans 150 Shakopee Friendship Manor Corp. Nursing Home 100 (a) Number indicates seasonal peak. (b) Includes full- and part-time employees. Source: Telephone survey of individual employers, May 2008. I -16- labor Force Data June 2008 June 2007 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate City of Shakopee 20,253 5.1% 20,126 3.9% Scott County 73,578 4.9 73,314 3.9 Minneapolis/St. Paul MSA 1,861,736 5.1 1,859,434 4.4 State of Minnesota 2,965,810 5.3 2,957,495 4.5 Source: Minnesota Department of Employment and Economic Development. 2008 data are preliminary. City-Issued Building Permits Total Permits New Sinqle Familv Homes Number Value Number Value 2008 (to 5-31) 337 $ 23,302,116 32 $ 8,586,547 2007 1,194 86,698,306 138 38,719,897 2006 1,131 125,677,330 223 57,995,337 2005 1,512 224,302,132 352 84,367,302 2004 1,639 198,362,382 396 97,880,471 2003 1,744 191,634,443 384 79,508,416 2002 1,310 149,473,123 260 55,243,745 2001 1 ,469 158,959,090 442 93,043,662 2000 1 ,473 187,734,526 458 85,480,390 1999 1,057 216,139,070 385 54,807,169 Recent Development The City's residential growth is continuing, but the rate has slowed considerably in 2006 and 2007. Approximately 16 lots were approved in 2007, 214 lots/units were approved in 2006, 700 new lots were approved in 2005, and 737 lots were approved in 2004. A comprehensive plan for the City was adopted in 1999. This document guides the City's growth and development for the next 20 years. Areas covered in the plan include zoning, future utility facilities, transportation issues, and parks and trails. The plan was approved by the Metropolitan Council in March of 2002. Another update is currently being prepared. Ryan Companies is developing a 270+ acre, $185 million mixed-use site (Valley Green Business Park with a housing component) at Highway 169 and County Road 83. Within that development, a new Slumberland store has opened. The City completed an $8 million public utilities commission service center in 2004. The Shakopee school district completed construction of a new elementary school (Eagle Creek Elementary School) which opened in the fall of 2007 along with the new high school. A new county jail has also been built in the City. S1. Francis Medical Center completed a $44 million expansion in 2006 and has also constructed an addition for clinic expansion. In 2007, new service buildings for the Aquatic Park, Soccer Complex and Huber Park opened. The City has opened a new 500-car parking lot for transit riders with a building to follow. - 17 - Financial Institutions Citizens State Bank of Shakopee is a full-service bank located in the City. Branches of Voyager Bank, Wells Fargo Bank National Association, KleinBank, Prime Security Bank, TCF National Bank, Paragon Bank, BNC National Bank and M & I Bank are also located in the City. Health Care Facilities S1. Francis Regional Medical Center, a general and acute care hospital with 93 beds and 16 infant bassinets, is located in the City. The Center has a medical $taff of approximately 400 active or affiliated physicians. The Center's total full-and part-time employment is approximately 900. Also located in the City are Shakopee Friendship Manor, an 80-bed nursing home, and S1. Gertrude's Health Center, a 75-bed nursing home. Source: http://www.hea/th.state.mn.us/divs/fpc/directory/fpcdir.htm/. Education Most City residents are part of Independent School District No. 720 (Shakopee); a small percentage of City residents are within the boundaries of Independent School District No. 191 (Burnsville-Eagan-Savage ). Independent School District No. 720 had a 2007/08 enrollment (grades kindergarten through 12) of approximately 6,277 students and has approximately 947 employees. Shakopee Area Catholic School provides parochial education for grades kindergarten through eight. The school had a 2007/08 enrollment of approximately 725 students. Living Hope Lutheran School has 105 students in grades kindergarten through four. Source: http://cfl.state.mn.us/datactrl. GOVERNMENTAL ORGANIZATION AND SERVICES Organization Shakopee was incorporated as a City in 1870 and became a statutory city in April 1975. The City has a Mayor-Council form of government, with the Mayor elected to a two-year term of office and the four Council members elected to overlapping four-year terms. The present Mayor and Council members are as shown below: Expiration of Term John Schmitt Mayor December 31, 2009 Steven Clay Council Member December 31, 2009 Patrick Heitzman Council Member December 31,2011 Terry Joos Council Member December 31, 2009 Matt Lehman Council Member December 31, 2011 - 18- The City's chief administrative officer is the City Administrator who is appointed by the City Council. Mr. Mark McNeill was appointed to this position in July of 1996. Prior to that, Mr. McNeill was the City Administrator in Mason City, Iowa for two years and in Savage, Minnesota for ten years. Mr. McNeill holds a B.A. degree in political science and a master's degree in public affairs. Mr. Gregg M. Voxland, the City's Finance DirectorlTreasurer, has been with the City since 1978. Mr. Voxland previously worked for the City of Anoka, Minnesota, and holds a B.A. degree in business and accounting. Ms. Judith S. Cox is the City Clerk. The City has 251 employees with 167 full-time and 84 part-time employees. Services Police and fire protection for the City is provided by the Police Department, which is authorized to staff up to 47 full-time officers. The City has a paid on-call Fire Department authorized to staff up to 54 members. The City has a class 5 rating for insurance purposes. The Shakopee Public Utilities Commission is the governing body of the electric utility and responsible for the management, operation and maintenance of the municipal water system and electrical distribution system. The electric system purchases power from Minnesota Municipal Power Agency (MMPA) and has 15,436 metered customers. The Commission is composed of five members appointed by the City Council to three-year terms. The Commission makes an annual contribution in lieu of taxes to the City. The Commission has placed a fourth electrical substation into operation to serve the growing load in the industrial area and has completed and occupied a new Service Center. Municipal water and sewer services are provided for all developed areas of the City. Water is supplied by 13 wells and stored in a two million gallon standpipe, a 1.5 million gallon elevated tank, two 500,000 gallon elevated tanks, and two 2.5 million gallon in-ground tanks. The water system has a pumping capacity of 12,000 gallons per minute; average demand is estimated to be 3.7 million gallons per day, while peak demand reaches 15.0 million gallons per day. Interceptor sewer lines and wastewater treatment plants in the seven-county metropolitan area are under the jurisdiction of the Metropolitan Council's Environmental Services ("MCES"). MCES finances its operations through user charges based on volume. Employee Pensions All full-time and certain part-time employees of the City of Shakopee are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employers Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF) which are cost-sharing multiple-employer retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers who qualify for membership by statute are covered by the PEPFF. The City's contributions to the PERF for the years ended December 31, 2007, 2006 and 2005 were $452,967, $410,849, and $353,029, respectively. The City's contributions to the PEPFF for the years ending December 31, 2007, 2006, and 2005 were $359,836, $278,056, and $209,661, respectively. The City contributes to the Shakopee Fire Department Relief Association, a single-employer public employee retirement system that acts as a common investment and administrator for the City's volunteer fire fighters. Required and actual employer contributions to the plan in 2007 were $210,301. -19- General Fund Budget Summary 2006 2007 2008 Actual Actual Budaet Revenues: Property Taxes $ 9,471,595 $ 11,569,002 $ 12,979,410 Special Assessments 6,597 5,405 2,000 Licenses & Permits 1,644,172 973,658 820,000 Intergovernmental 506,240 590,438 344,000 Charges for Services 1,294,733 1,090,018 607,650 Fines and Forfeitures 374,807 451,418 430,000 Miscellaneous 452,508 586,137 405.000 Total Revenues $ 13,750,652 $ 15,266,076 $ 15,588,060 Expenditures: General Government 2,897,832 3,121,509 3,517,150 Public Safety 7,067,620 8,283,702 7,777,570 Public Works 2,386,623 2,609,674 3,591,450 Culture and Recreation 1 ,337,112 1,496,678 1,982,290 Miscellaneous 173,063 618,244 181 ,000 Total Expenditures $ 13,862,250 $ 16,129,807 $ 17,049,460 Excess Revenues Over (Under) Expenditures (111,598) (863,731) (1,461,400) Other Financing Sources (Uses) Other Sources 1,589,679 1,906,811 1,740,000 Other Uses (1,312,589) (1,180,181 ) (1,171,010) Total Other Financing Sources (Uses) $ 277,090 $ 726,630 568,990 Net Change in Fund Balances $ 165,492 $ (137,101 ) $ (892,410) Fund Balance - Beginning $ 9,679,142 $ 9,844,634 $ 9,707,533 Fund Balance - Ending $ 9,844,634 $ 9,707,533 $ 8,815,123 I I - 21 - APPENDIX I PROPOSED FORM OF LEGAL OPINION Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedV-2raven.com CHARTERED $ General Obligation Improvement Bonds, Series 2008A City of Shakopee Scott County, Minnesota We have acted as bond counsel to the City of Shakopee, Scott County, Minnesota (the "Issuer") in connection with the issuance by the Issuer of its General Obligation Improvement Bonds, Series 2008A, (the "Bonds"), originally dated as of September 1, 2008, I and issued in the original aggregate principal amount of $ . In such capacity and for I the purpose of rendering this opinion we have examined certified copies of certain proceedings, certifications and other documents, and applicable laws as we have deemed necessary. Regarding questions of fact material to this opinion, we have relied on certified proceedings and other certifications of public officials and other documents furnished to us without undertaking to verify the same by independent investigation. Under existing laws, regulations, rulings and decisions in effect on the date hereof, and based on the foregoing we are of the opinion that: 1. The Bonds have been duly authorized and executed, and are valid and binding general obligations of the Issuer, enforceable in accordance with their terms. 2. The principal of and interest on the Bonds are payable from special assessments levied or to be levied on property specially benefited by local improvements and ad valorem taxes for the Issuer's share of the cost of the improvements, but if necessary for the payment thereof additional ad valorem taxes are required by law to be levied on all taxable property of the Issuer, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Bonds is excludable from gross income of the recipient for federal income tax purposes and, to the same extent, is excludable from taxable net income of individuals, trusts, and estates for Minnesota income tax purposes, and is not a preference item for purposes of the computation of the federal alternative minimum tax, or the computation of the Minnesota alternative minimum tax imposed on individuals, trusts and estates. However, such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income and the alternative minimum tax base. The opinion set forth in this paragraph is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as 1-1 amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes and from taxable net income for Minnesota income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes and taxable net income for Minnesota income tax purposes retroactively to the date of issuance of the Bonds. We express no opinion regarding tax consequences arising with respect to the Bonds other than as expressly set forth herein. 4. The rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditor's rights generally and by equitable principles, whether considered at law or in equity. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. This opinion is given as of the date hereof and we assume no obligation to update, revise, or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Dated , 2008 at Minneapolis, Minnesota. I 1 1-2 APPENDIX II CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Shakopee, Minnesota (the "Issuer") in connection with the issuance of $ General Obligation Improvement Bonds, Series 2008A (the "Bonds"). The Bonds are being issued pursuant to an authorizing resolution adopted by the City Council of the Issuer on July 1, 2008 and an award resolution adopted by the City Council of the Issuer on August 6, 2008 (collectively, the "Resolutions") and delivered to the Purchaser(s) on the date hereof. Pursuant to the Resolutions, the Issuer has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. In addition, the Issuer hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders (defined herein) of the Bonds in order to assist the Participating Underwriters (defined herein) in complying with SEe Rule 15c2- 12(b)(5). This Disclosure Certificate, together with the Resolutions, constitutes the written agreement or contract for the benefit of the Holders of the Bonds that is required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" means any annual report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Audited Financial Statements" means the Issuer's annual financial statements, prepared in accordance with generally accepted accounting principles ("GAAP") for Governmental Units as Prescribed by the Governmental Accounting Standards Board ("GASB"). "Fiscal Year" means the fiscal year of the Issuer. "Final Official Statement" means the deemed final official statement dated July 23, 2008 plus the addendum thereto which together constitute the final official statement delivered in connection with the Bonds, which is available from the MSRB. "Holder" means the person in whose name a security is registered or a beneficial owner of such a security. "Issuer" means the City of Shakopee, Minnesota which is the obligated person with respect to the Bonds. "Material Event" means any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" means the Municipal Securities Rulemaking Board located at 1900 Duke Street, Suite 600, Alexandria, V A 22314. 11-1 ''NRMSIR'' means any nationally recognized municipal securities information repository as recognized from time to time by the SEC for purposes of the Rule. "Participating Underwriter" means any of the original underwriter( s) of the Bonds (including the Purchaser(s)) required to comply with the Rule in connection with the offering of the Bonds. "Repository" means each NRMSIR and each SID, if any. "Rule" means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time, and including written interpretations thereof by the SEe. "SEC" means Securities and Exchange Commission. "SID" means any public or private repository or entity designated by the State of Minnesota as a state information depository for the purpose of the Rule. As of the date of this Certificate, there is no SID. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a) The Issuer shall provide, as soon as available, but not later than 12 months after the end of the Fiscal Year commencing with the year that ends December 31, 2008, each Repository with an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross- reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. (b) If the Issuer is unable or fails to provide to the Repositories an Annual Report by the date required in subsection (a), the Issuer shall send a notice of that fact to the Repositories and the MSRB. (c) The Issuer shall determine each year prior to the date for providing the Annual Report the name and address of each Repository. Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following sections of the Final Official Statement: 1. City Property Values 2. City Indebtedness 3. City Tax Rates, Levies and Collections Any filing under this Disclosure Certificate may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at http://www.disclosureusa.org unless the SEC has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. 11-2 In addition to the items listed above, the Annual Report shall include Audited Financial Statements submitted in accordance with Section 3 ofthis Disclosure Certificate. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Issuer shall clearly identify each such other document so incorporated by reference. Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notices of the occurrence of any of the following events if material with respect to the Bonds: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax -exempt status of the security; 7. Modifications to rights of security holders; 8. Bond calls; 9. Defeasances; 10. Release, substitution or sale of property securing repayment ofthe securities; and II. Rating changes. (b) Whenever the Issuer obtains knowledge of the occurrence of a Material Event, the Issuer shall promptly file a notice of such occurrence with either all NRMSIRs or with the MSRB and with any SID. Notwithstanding the foregoing, notice of Material Events described in subsections (a)(8) and (9) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Resolutions. (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer's information. 11-3 Section 6. Termination of Reporting Obligation. The Issuer's obligations under the Resolutions and this Disclosure Certificate shall terminate upon the legal defeasance, or upon the redemption or payment in full of all the Bonds. Section 7. Agent. The Issuer may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. Section 8. Amendment: Waiver. Notwithstanding any other provision of the Resolutions or this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, in and of itself, cause a violation of the Rule. The provisions of the Resolutions constituting the Undertaking and this Disclosure Certificate, or any provision hereof, shall be null and void in the event that the Issuer delivers to each then existing NRMSIR and the SID, if any, an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which require the Resolution[ s] and this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. The provisions of the Resolutions and this Disclosure Certificate may be amended without the consent of the Holders of the Bonds, but only upon the delivery by the Issuer to each then existing NRMSIR and the SID, if any, of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance of the Resolutions and this Disclosure Certificate and by the Issuer with the Rule. Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under the Resolutions and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Bonds and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Participating Underwriters and Holders from time to time of the Bonds, and shall create no rights in any other person or entity. 11-4 IN WITNESS WHEREOF, we have executed this Certificate in our official capacities effective the day of , 2008. CITY OF SHAKOPEE, MINNESOTA Mayor City Administrator 11-5 APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY V ALUA TION (effective through levy year 2007/payable year 2008) Following is a summary of certain statutory provisions effective through levy year 2007/payable year 2008 relative to tax levy procedures, tax payment and credit procedures, and the . mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Minn. Stat., Sec. 273.11, Subdivision 1 a, was amended in 2005. For assessment years 2005 and 2006, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 25% of the difference between the current assessment and the preceding assessment. For assessment year 2007, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 33% of the difference between the current assessment and the preceding assessment. For assessment year 2008, the amount of increase shall not exceed the greater of (1) 15% of the value in the preceding assessment or (2) 50% of the difference between the current assessment and the preceding assessment. Taxable Market Value. The Taxable Market Value is the value that property taxes are based on, after all reductions, limitations, exemptions and deferrals. It is also the value used to calculate a municipality's legal debt limit. Indicated Market Value. The Indicated Market Value is determined by dividing the Taxable Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The Indicated Market Value serves to eliminate disparities between individual assessors and equalize property values statewide. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. 111-1 Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. " The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty that, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1 % penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the county auditor files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to th.is notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime. rate charged by banks but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, county program aid and disparity reduction aid. 111-2 Levy Limitations for Counties and Cities (Chapter 366) The 2008 Legislature enacted provisions to establish levy limitations for taxes levied for collection in 2009,2010 and 2011. Basically, levy increases for cities over 2,500 population and for counties are limited to its levy aid base or levy limit base for collection in the prior year, (1) plus the lesser of 3.9 percent or the percentage growth in the implicit price deflator, (2) plus an adjustment for population increases and (3) plus increases in taxable market value due to new construction of certain class 3 property (commercial/industrial). . Certain property tax levies are authorized outside of the new overall levy limitations ("special levies"). Special levies can be made outside of levy limits for multiple purposes .~. including, but not limited to, bonded indebtedness, certificates of indebtedness, tax or aid .~ anticipation certificates of indebtedness, and to provide for the bonded indebtedness portion of . payments made to another political subdivision of the State of Minnesota. In order to receive approval for any special levy claims outside of the overall levy limitation, requests for such special levies must be submitted to the Commissioner of Revenue by the date specified in the year in which the levy is to be made for collection in the following year. The Commissioner of Revenue has the authority to approve, reduce, or deny a special levy request. Final adjustments to all levies must be made by the Department of Revenue on or before December 10. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. j , 8. Obligations specifically excluded under the provisions of law authorizing their issuance. I 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Obligations issued to pay judgments against the municipality. 111-3 Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. I, c........ Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) !r "Fiscal Disparities Law" , The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- wide tax base shall be distributed back to each assessment district. (The Balance of This Page Has Been Intentionally Left Blank) Ie 7* , 111-4 STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE {TMV} TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Local Tax Local Tax Local Tax Local Tax Local Tax Payable Payable Payable Payable Payable Property Type 2004 2005 2006 2007 2008 Residential Homestead (1a) Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% J Residential Non-homestead Single Unit I Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% 1-3 unit and undeveloped land (4b1) 1.25% 1.25% 1.25% 1.25% 1.25% Market Rate Apartments Regular (4b1) 1.25% 1.25% 1.250% 1.25% 1.25% Low-Income (4d) 1 1 0.751 0.75% 1 0.75%1 - - Commercial/Industrial/Public Utility (3a) Up to $150,000 1.50% 1.50% 1.50% 1.50% 1.50% Over $150,000 2.00% 2.00% 2.00% 2.00% 2.00% Electric Generation Machinery 2.00% 2.00% 2.00% 2.00% 2.00% Commercial Seasonal Residential Homestead Resorts (1 c) Up to $500,000 1.00% 1.00% 1.00% 0.55% 0.55% $500,000 - $2,200,000 1.25% 1.25% 1.25% 1.00% 1.00% Over $2,200,000 1.25% 1.25% 1.25% 1.25% 1.25% Seasonal Resorts (4c) Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% Seasonal Recreational Residential (4c1) 1.00%2 1.00%2 1.00%2 1.00%23 Up to $500,000 1.00% Over $500,000 1.25% 1.25%2 1.25%2 1.25%,2 1.25%23 Disabled Homestead (1 b) Up to $32,000 0.45% 0.45% 0.45% 0.45% 0.45% $32,000 to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% Agricultural Land & Buildings Homestead Up to $500,000 1.00% 1.00%2 1.00%2 1.00%2 1.00% Over $500,000 1.00% 1.00%2 1.00%2 1.00%2 1.25% Remainder of Farm Up to $790,0004 0.55% 0.55%2 0.55%2 0.55%2 0.55%3 Over $790,0004 1.00% 1.00%2 1.00%2 1.00%2 1.00%3 Non-homestead 1.00% 1.00%2 1.00%2 1.00%2 1.00%3 . 1 Classification abolished for pay 2004 and pay 2005, and re-established at a rate of 0.75% in pay 2006 and thereafter. r ~ Subject to the State General Property Tax. 4 Exempt from referendum market value tax. Increased from $690,000 in payable 2007. 111-5 APPENDIX IV EXCERPT OF 2007 ANNUAL FINANCIAL STATI;MENTS The City's financial statements are audited annually by an independent certified public accounting firm in conformance with generally accepted accounting principles. Excerpts of the audited financial statements for the fiscal year ending December 31,2007 are presented here. The reader should be aware that the complete financial statements may contain additional information which may interpret, explain or modify the data presented here. , The City has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) for the years. ended December 31, 1984 , through December 31, 2006. The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. A Certificate of Achievement is valid for a period of one year only. The City believes its CAFR continues to conform to the Certificate of Achievement Program requirements and has submitted its CAFR for the 2007 Fiscal Year to GFOA. . IV-1 K-DV Ezpen adltiu. When rou need it.... INDEPENDENT AUDITORS' REPORT June 27, 2008 Honorable Mayor and Members . of the City Council City ofSbakopce Shakopee, Minnesota , We have: audited the acc:ompanying fiDancial statements of the governmental activities, the business-type activities, each major fimd, the aggregate remaining fimd information and fiduciary activities of the CityofShakopee, Minnesota, asofand forthc year ended December 31, 2007, which collectively comprise the City's basic financial statements as Iistcd in the Table of Contents. These financial statements are the responsibility ofthc City's DlllDage:ment. Our responsibility is to express opiDions on these fiDanc:ial statements based OD our audit. We did Dot audit the Elc:ctric Fund and Water Fund fiDancial statements of the Shakopce Public Utilities Commission which rqn-esent 53% and 91 %, respectively, of the assets and operating revenues of the Enterprise Funds. Those statements were audited by other auditors whose: report thereon has been furnished to us, and our opinion expressed herein, insofar as it relates to the amounts included for the Shakopee Public Utilities Commission, is based solely upon the report of the other auditors. We conducted our audit in accordance with U.S. gc:neraJlYacl:epted auditing standards and the standards applicable to financi.al audits contained in Government Auditing Slandards issued by the Comptroller General of the United States. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our audit provides a reasonable basis for our opinions. In our opiDion, based on our audit and the report of other auditors, the financial statements referred to above present fairly, in all material respc:cts, the respective financial position of the governmental activities, the business-type activities, each major fimd, the aggregate remaining fimd information and fiduciary fimd iDfonnation of the City ofShakopee, Minnesota, as of December 31, 2007, and the respective changes in financial position and cash flows, where applicable, thereof and the respective budgetary comparison for the General Fund for the year then ended in conformity with U.S. generally accepted accounting principles. In accordance with Guvemment Auditi1lg Standards, we have also issued our report dated June 27,2008, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and othermatters. The pmpose oftbat report is to dcscn"bc the scope of our testing of internal control over financial xeporting and the results of that testing, and not to provide an opinion on the internal control over fiDancial reporting or on compliance. That report is an integral part of an audit pc:rfonned in accordance with Guvernmenl Auditing Standards and should be considered in assessing the results of our audit. The Management's Discussion and Analysis, which follows this report letter, is not a required part of the basic financial statements but is supplementaIy information required by U.S. generally accepted accounting principles. We have applied certain limited procedures, which consisted principally of iDquiries of management regarding the methods ofmeasurem.ent and presentation of the required supplementary information. However, we did not audit the infonnation and express no opinion on it Our audit was conducted for the purpose of forming opinions on the financial statements that , collectively comprise the City's basic financial statements. The information identified in the Table of Contents as Combining and Individual Fund Statements and Schedules is presented for purposes of additional analysis and is not a required part of the basic financial statcments. This infonnation has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. The information identified in the Table of Contents as the Introductory and Statistical Sections are presented for purposes of additional analysis and are not a required part of the basic financial statements of the City. This information has not been subjected to the audit procedures applied in the audit of the basic fulancial statements and, accordingly, we express no opinion on it. ~.D<.{j.J......-k., V~, CI,P. KERN, DEWENTER, VlERE, LTD. Minneapolis, Minnesota IV-2 CITY OF SHAKOPEE . Scott County, Minnesota STATEMENT OF NET ASSETS December 31,2007 Govemmental Business-Type Activities Activities Total ASSETS: Cash and Investments ~ 36,943,773 S 43.012,442 S 79,956,215 . Restricted Accounts - 12,900,206 12,900,206 Receivables: Property Tax Receivable 331,315 . 331,315 Accounts Receivable (Net of Allowance for Uncollectible Accounts) 695,814 4,126,289 4,822, 103 Interest Receivable 253,902 367,261 621,163 Notes Receivable 831,436 . 831,436 Special Assessments Receivable 8,345,861 275,337 8,621,198 Due fTom Other Funds (Internal Balances) 109,964 (109,964) . Ad~ces to Other Funds (Intemal Balances) (2,000,000) 2,000,000 . Inventories - 924,663 924,663 Prepaid Expenses 111 ,258 88,784 200,042 Unamortized Debt Issue Costs - 984,401 984,401 Electric Plant Acquisition (Net of Accumulated Amortization) - 1,061,076 1,061,076 Capital Assets not being Depreciated: Land 19,271,560 6,088,241 25,359,801 Construction in PrOgress 187,868 1,206,959 1,394,827 Capital Assets being Depreciated: Infrastructure 124,544,337 - 124,544,337 Plant in Service - 158,339,152 158,339,152 Buildings 32,812,022 - 32,812,022 Machinery and Equipment 12,012,076 1,682,349 13,694.425 Less Accumulated Depreciation (50,568,447) (32,173,331) (82,741,778) Total Assets S 183,882,739 $ 200,773,865 $ 384,656.604 LlABILITrES AND NET ASSETS: Liabilities: Accounts Payable $ 1,599,893 $ 4,379,768 S 5,979,661 Contracts Payable 400,668 47,877 448,545 Due to Other Governments 213,264 - 213,264 Salaries and Benefits Payable 302,367 - 302,367 Deposits Payable . 875,033 875,033 Interest Payable 418,825 631,278 1,050,103 Unearned Revenue . 100,778 100,778 Customer AdYaDces - 23,295 23,295 Bond Principal Payable: Payable Within One YeaT 3.280,000 670,000 3,950,000 Payable After One YeaT 21,445,000 32.254,440 53,699,440 Compensated Absences Payable: Payable Within One YeaT 730,000 22,088 752,088 , Payable After One Year 560,398 27,450 587,848 T ota! Liabilities 28,950,415 39,032,007 67,982,422 Net Assets: Invested in Capital Assets, Net of Related Debt 113,534,416 114,546,218 228,080,634 Restricted for: Special Revenue 2,489,775 . 2,489,775 Debt Service 7,522,614 1,026,351 8,54&,965 Capital Projects 3,068,948 - 3,068,948 Unrestricted 28,316,571 46,169,289 74,485,860 Total Net Assets 154,932,324 161,741,858 316,674,182 Total Liabilities and Net Assets S 183,882,739 S 200,773,865 $ 384,656,604 The Notes to the F'mancial Statements are an integral part of this statement. IV-3 - ~~~~- ~ ~OO~IN~~ N ON~~~ ~ ~~~N O~~ ~ ~-~-- ~ ~N~~ W~~ ~ ~ ~~~~~ ~ ~~~N ~O~ ~ ~ ON~~~ ~ ~~-N ~~~ ~ ~ q~~~q ~ ~M~ ~~~ ~ r M~N ~ ~ N ~ ~N~ ~ - ~ .-4.....~ - t<'l (f'I '" ~ ~ fB't; =' : !~ ~Q) . I I . . 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'" '':;:: '':;:: - 0 oS e ;CO -< .s< rIJ, 11)< ., 50 ~ _ Q- - e~ .- o cl':es ~ ;;;E-c g ... 0 0 C o' E I cd l::!o;- 8',:;:: 4) II> E-;' 4)0> C 11>.(1) ij Q. ~ ~ a.~ 1:l ~ r.l ~ 6':::= .2..~e"s: ~ 01': 0 '':::.~ E ~ ~ c ~"::; ~";;; _ .~ .; ~~~t~!=~~ ~ J~ 1!Xl S ~~o~gs~~~ v ~- E-c ~ "'e<Zl~=o-o ~u QI 0 ~1I)~~gE~E-c ~~2~e~ z ~u~~_8~s ~]os~s ~ 60~~~c)~ =W~rIJrIJ ~ > .fii o = " !Xl IV-4 CITY OF SHAKOPEE Scott County, Minnesota BALANCESHEET-GOVERNMENTALFUNDS December 31,2007 Other Total Governmental Governmental , General Fund Funds Funds ASSETS: Cash and Investments , (Including Cash Equivalents) $10,116,870 $19,605,842 $ 29,722,712 Taxes Receivable - Delinquent . 322,173 9,142 331,315 Special Assessments Receivable: Delinquent 7,861 15,715 23,576 Deferred 34,916 8,287,369 8,322,285 Accounts Receivable 469,900 225,914 695,814 Interest Receivable 51,896 149,075 200,97] Due from Other Funds 166,131 310,246 476,377 Notes Receivable - 271,436 271,436 Prepaid Items 111,258 - 111,258 Total Assets $11,281,005 $ 28,874,739 $ 40,155,744 LIABILITIES AND FUND BALANCES: Liabilities: Accounts Payable $ 906,154 $ 686,373 $ 1,592,527 Contracts Payable - 397,768 397,768 Due to Other Funds - 316,875 316,875 Due to Other Governments - 213,264 213,264 . Advances from Other Funds - 2,000,000 2,000,000 Salaries and Benefits Payable 302,367 - 302,367 Deferred Revenue 364,951 8,312.225 8,677,176 Total Liabilities 1,573,472 11.926,505 13,499,977 Fund Balances: Reserved for: Special Revenue - 2,489,775 2,489,775 Capital Projects - - 3,849,703 3,849,703 Prepaid Items 111,258 - 111,258 Building Pennits and Activities 1,699,392 - 1,699,392 . Unreserved, Reported in: General Fund - Undesignated 7,896,883 - 7,896,883 Special Revenue - Undesignated - 993,555 993,555 Debt Service - Undesignated - 7,941,439 7,941,439 Capital Projects - Undesignated - 1,673,762 1,673,762 Total Fund Balances 9,707,533 ] 6,948,234 26,655,767 Total Liabilities and Fund Balances $ 11,281,005 $28,874,739 $40,155,744 The Notes to the Financial Statements are an integral part of this statement. IV-5 CITY OF SHAKOPEE Scott County, Minnesota RECONCILIATION OF THE BALANCE SHEET TO THE STATEMENT OF NET ASSETS - GOVERNMENTAL FUNDS December 31, 2007 Total Fund Balances - Governmental Funds $ 26,655,767 , Amounts reported for governmental activities in the Statement of Net Assets are different because: , Capital assets used in governmental activities are not current financial resources and, therefore, are not reported as assets in governmental funds. Cost of Capital Assets 151,265,745 Less Accumulated Depreciation (41,655,955) Long-term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not reported as liabilities in the funds. Long-term liabilities at year-end consist of: Bond Principal Payable (24,725,000) Delinquent property taxes receivable will be collected this year, but are not available soon enough to pay for the current period's expenditures and, therefore, are deferred in the funds. Property Taxes 331,315 Special Assessrnents 23,576 Deferred special assessments receivable are not available to pay for current expenditures and, therefore, are deferred in the funds. Deferred Special Assessments 8,322,285 Governmental funds do not report a liability for accrued interest due and payable. (418,825) Internal service fimds are used by management to charge the costs of equipment buildings to individual funds. A portion of the assets and liabilities of those funds are included in governmental activities in the Statement of . Net Assets. 35,133,416 . Total Net Assets - Governmental Activities $ 154,932,324 The Notes to the Financial Statements are an integral part oftbis statement. IV-6 N CITY OF SHAKOPEE Scott County, Minnesota STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS For the Year Ended December 31, 2007 " Other Total . Governmental Governmental General Fund Funds Funds REVENUES: Property Taxes $ 11,569,002 $ 1,146.353 $ 12,715,355 Tax Increments - 369.240 369,240 Special Assessments 5,405 2,296,155 2,301,560 Licenses and Permits 973.658 404.912 1.378,570 Intergovernmental 590,438 1,950.146 2,540.584 Charges for Services 1,090,018 999,357 2,089,375 Fines and Forfeitures 451,418 49.810 501.228 Miscellaneous 586,137 1.736,618 2,322,755 Total Revenues 15,266,076 8,952,591 24,218,667 EXPENDITURES: Current: General Government 3,1.21.509 358,416 3,479,925 I Public Safety 8,283,702 58,315 8,342,017 ! Public Works 2,609,674 1,159,817 3,769,491 Culture and Recreation 1.496,678 2,154,861 3,651,5:19 Debt Service: Principal - 3,110,000 3,110,000 Interest and Other Charges - 1,025,868 1,025,868 Capital Outlay 618,244 6,669,789 7,288,033 Total Expenditures 16,129,807 14,537,066 30,666,873 Excess of Revenues Under Expenditures (863,731) (5,584,475) (6,448,206) OTHER FINANCING SOURCES (USES): Proceeds from Sale of Capital Asset 17,700 - 17,700 Bonds Issued - 2,815,000 2,815,000 Premium on Bonds Issued - 9,956 9.956 . Transfers In 1,889,111 2,522,170 4,411,281 Transfers Out (1,180,181) (1,008,152) (2,188,333) Total Other Financing Sources (Uses) 726,630 4,338,974 5,065,604 . Net Change in Fund Balances (137,101) (1,245,501) (1,382,602) FUND BALANCES: Beginning of Year 9,844,634 18,193,735 28,038,369 - End of Year $ 9,707,533 $ 16,948,234 $ 26,655,767 The Notes to the Financial Statements are an integral part of this statement. IV-7 CITY OF SHAKOPEE Scott County, Minnesota RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTMTIES - GOVERNMENTAL FUNDS For the Year Ended December 31, 2007 . Total Net Change in Fund Balances - Governmental Funds $(1,382,602) Amounts reported for governmental activities in the Statement of Activities are different because: Capital outlays are reported in governmental funds as expenditures. However, in the Statement of Activities, the cost of those assets is allocated over the estimated useful lives as depreciation expense. Capital Outlays 5,525,213 Depreciation Expense (5,045,943) Loss on Disposal of Fixed Assets (7,149,931) Principal payments on long-term debt are recognized as expenditures in the governmental funds but as an increase in the net assets in the Statement of Activities. 3,110,000 Interest on long-term debt in the Statement of Activities differs from the amount reported in the governmental funds because interest is recognized as an expenditure in the funds when it is due and thus requires use of current financial resources. In. the Statement of Activities, however, interest expense is recognized as the interest accrues, regardless of when it is due. (16,265) Proceeds from long-term debt are recognized as an other financing source in the governmental funds but as a decrease in net assets in the Statement of Activities. Bonds Payable (2,815,000) Certain revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the funds. Special Assessments (425,781) Delinquent and deferred receivables will be collected this year, but are not I available soon enough to pay for the current period's expenditures and, therefore, are not revenues in the funds. 51,999 . Internal service funds are used by management to charge the costs of certain activities such as buildings and equipment, to individual funds. This amount represents the change in net assets of the Internal Service Funds, which all is reported with governmental activities. 1,155,177 Change in Net Assets - Governmental Activities $(6,993,133) The Notes to the Financial Statements are an integral part of this statement IV-8 CITY OF SHAKOPEE Scott County, Minnesota STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL - GENERAL FUND For the Year Eoded December 31, 2007 Variance with . Budgeted Amounts Actual Final Budget - Original Final AmOlDlts Over (Under) REVENUES: . Property Taxes: General Property Taxes $ 10,386,700 $ 10,386,700 $ 10,456,643 $ 69,943 Fiscal Disparities 955,800 955,800 906,165 (49,635) Lodging Tax 210,000 210,000 200,682 (9,318) Tax Increments - - (1,571) (1,571) Aggregate Tax 8,000 8,000 7,083 (911) Total Property Taxes 11,560,500 11,560,500 11,569,002 &,502 Special Assessments 2,000 2,000 5,405 3,405 Licenses and Pennits 1,504,700 1,504,700 973,658 (531,042) Intergovernmental Revenues: Federal Grants 13,000 153,860 228,340 74,480 PERA Aid - 5,960 18,170 12,210 Police Aid 240,960 225,000 295,743 70,743 Other Grants and Aids 8,000 18,000 48,185 30,185 I Total Intergovernmental Revenues 261,960 402,820 590,438 187,618 I Charges for Services: General Government 372,800 372,800 126,788 (246,012) Public Safety 356,000 356,000 326,001 (29,999) Public Works 830,000 830,000 637,229 (192,771) Total Charges for Services 1,558,800 1,558,800 1,090,018 (468,782) Fines and Forfeitures 280,000 280,000 451,418 111,418 Miscellaneous Revenues: Investment Income 220,000 220,000 523,673 303,673 Rents 2,000 2,000 142 0,858) Other 61,500 61,500 62,322 822 Total Miscellaneous Revenues 283,500 283,500 586,137 302,637 Total Revenues 15,451,460 15,592,320 15,266,076 (326,244) . EXPENDITURES: General Government: Mayor and Council 198,090 215,260 161,415 (53,845) Administration 487,750 577,800 466,898 (110,902) City Clerk 314,790 323,270 300,736 (22,534) Finance 748,780 760,360 710,906 (49,454) Legal 486,300 486,300 520,091 33,791 Planning 511,350 503,850 459,383 (44,467) Government Buildings 351,190 258,960 265,018 6,058 Information Teclmology 282,090 273,170 277,247 4,077 Total General Government 3,380,340 3,398,970 3,161,694 (237,276) The Notes to the Financial Statements are an integral part of this statement IV-9 CITY OF SHAKOPEE Scott County, Minnesota STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES- BUDGET AND ACTUAL- GENERAL FUND For the Year Ended December 31, 2007 Variance with . Budgeted Amounts. Actual Final Budget- Original Final Amounts Over (Under) EXPENDITURES: . Public Safety: Police "$ 5.719.500 $ 5,726,700 $ 5,708.373 $ (18.327) Fire 1,954,050 2,101,230 2.062,925 (38.305) Building Inspection 857,930 949,870 945,197 (4,673) Total Public Safety 8,531,480 8.m,SOO 8,716,495 (61,305) Public Works: Streets and Highways: Engineering 968,340 976,840 817,438 (159,402) Streets 1,705,860 1.743.170 1,607,730 (135.440) Shop 65,250 57,630 207.179 149,549 Total Public Works 2,739.450 2,m,640 2,632,347 (145,293) Park and Recreation: Park Maintenance 1,315.260 1,346.180 1,217,790 (128,390) Natural Resources 118,830 122.820 122,593 (227) Library/Congregate Dining 309,460 309,460 278,888 (30,572) Total Park and Recreation 1,743,550 1,778,460 1,619,271 (159,189) Miscellaneous 150,000 89,810 - (89,810) Total Expenditures 16,544,820 16,822,680 16,129,807 (692,873) Excess of Revenues Over (Under) Expenditures (1,093,360) (1,230,360) (863,731) 366,629 OTHER FINANCING SOURCES (USES): Proceeds from Sale of Capital Asset - - 17,700 17,700 Transfers In 1,609,730 1,639,730 1.889,111 249,381 Transfers Out 0,178,770) 0,185,160) (1,180,181) 4,979 Total Other Financing Sources (Uses) 430,960 454,570 726,630 272,060 Net Change in Fund Balances $ (662,400) $ (775,790) (137,101) $ 638,689 . FUND BALANCE: Beginning of Year 9,844,634 . End of Year $ 9,707,533 The Notes to the Financial Statements are an integral part of this statement. IV-10 CITY OF SHAKOPEE Scott County, Minnesota STATEMENT OF NET ASSETs- PROPRIETARY FUNDS December 31, 1007 Business- Type Activities - Enterprise Funds GovernmenlZ] Activities . ]nternal Service Electric Water Sewer Stonn Dlllinage Total Funds ASSETS: , Current Assets: Cash and Cash Equivalents $ 6.091.173 $ 843,246 $ 2,551,906 $ 2,943,094 $ 12,429,419 $ ],500.487 Investments 6.787,661 3,034,800 9,641,312 11,119,250 30,583.023 5,720.574 Restricted Accounts 789.945 45,937 . - 835,882 . . Accounts Receivable 3.222.673 228,201 490,711 234,331 4,175.916 . Allowance: for Uncollectible Accounts (34,903 ) (14.724) . - (49,627) . In~t Receivab]e 104,423 32.648 107,691 108.232 352.994 52,931 Speeial Assessmem Receivable, Cunent . . 30,593 - 30,593 . Notes Receivable, Cwrent . , - - - 55.000 Due from Other Funds 1.779.610 10.886 42,45D 7.088 1,840.034 , Advances to Other Funds. Cunent . , 350.000 - 350.000 . InvClltories 891,&45 32,818 . - n4,663 . P~aid Expenses 66.588 22,196 - - 88,784 - Total Cwrcnt Assets 19.699.015 4.236.008 13.214.663 14,411.995 51.561.681 7,328.992 Noncum:nt Assets: Resvictcd Accounts 11,155,646 808.,678 . - 11,964,324 - Other Accounts 100.000 . . - 100.000 - InlerCSt Receivable . - 14.267 , - - 14.267 - Special Assessment Receivable, Noncum:nt , . 244,744 . 244,744 . Notes Receivable. Noncunent . . . . . 505,000 Advances to Other Funds. Nonc=t . - 1.650,000 - 1,650,000 . Unamortized Debt Issue Costs 924.175 60.226 - - 984.401 . Electric Plant Acquisition (Nel of Amortizarion) 1,061,076 . . . 1.061,076 Capital Assets: l.anc:I 4,811.952 892,333 4,500 379.456 6.088.241 - Plant in Service 37,176,485 43,519,426 37,630,229 40,013,012 158,339,152 29,725.095 Machinery and Equipmenl - , 1.232.949 449.400 1,682.349 7,832.223 Consrruction in Progress 820.03D 386.929 . - 1.206.959 4.800 Total Cost 42,808.467 44.798,688 38,867,678 40,841,868 167,316.701 37.562.118 Less Accumulated Depreciation (8.912,892) {8.609.560) (7.123.744) (7,527.135) (32.173.331 ) (8,912,492) Net Capital Assets 33.895,575 36.189.128 31.743.934 33.314.733 135.143.370 28.649.626 Total Noncurrent Assets 47.136.472 37.072.299 33.638.678 33.314,733 151.162.182 29,154.626 Total Assets $66.83S.487 $41.308.307 $46.853.341 S 47.726.728 $102.723,863 $ 36.483.618 LJABIUIlES AND NET ASSEtS: Current Liabilities: Accounts Payable $ 3.239,824 S 915.848 S 70,787 $ 153,309 S 4,379.768 $ 7,366 Contracts Payable - - 47.030 847 47,m 2.900 Due 10 Other Funds 111.031 1,804.996 23,085 10,886 1,949,998 49,538 Current Compensated Absences - - 15.000 7,088 22.088 730.000 Liabilities Payable from Restricted Accounts: Current Ponion of Revenue Bonds 573.600 96.400 , - 670.000 . Accrilcd Interest Payable 599,008 32,270 , - 631,278 - Customer Deposits 875.033 - - - 875,033 - Total Current Liabilities 5,398,496 2.849.514 155,902 172.130 8.576,042 789.804 Noncurrent Liabilities: . Deferred Revenue 17.657 83.121 100,778 - - - Customer Advances 23,295 - . - 23,295 - Compensated Absences - - 27,450 . 27.450 560,398 Revenue Bonds (Net of Unamortized Bond Premium and UnamoltilCd Loss on Advance Refunding) 30.594.173 1.660,267 - . 32.254.440 - Total Noncurrent lJabilities 30,635,125 1,743.388 27.450 . 32.405.963 560,398 Total Liabilities 36,033.621 4.592,902 183.352 172.130 40.982.005 1.350,202 Net Assets: Invested in Capital Assets, Net ofRclatcd Debt 14.994,864 34,492,687 31.743.934 33,314,733 114,546,218 28.649.626 Restricted 189.739 836,612 - , 1.026.351 - Unrestricted 15.617.263 1.386.106 14.926.055 14.239.865 46.169.289 6.483.790 Total Net Assets 30.801.866 36.715.405 46.669.989 47,554,598 ]61.741.858 35,133.416 Total Liabilities and Net Assets $66.835.487 $41,308,307 $46.853.341 S 47.726.728 $202,723.863 S 36.483.618 the Notes to the Financial Slalements an: an integntl part of this stalemenL IV-11 CITY OF SHAKOPEE Scott County, Minnesota I STATEMENT OF REVENUES. EXPENSES AND CHANGES IN FUND NET ASSETS - PROPRIETARY FUNDS For the Year Ended December 31, :Z007 Business- T ype Activities - Enterprise Funds Govemmen1al Activities - Internal Service . Electric WatJ:r Sewer Storm DIainage Total Funds OPERATING REVENUES: Charges for Services $37,178,581 $ 3,474,059 $ 2,773,051 $ 1).50,779 $ 44,676,470 $ - Rental and Other CbaIges 2,519,811 . - - - . - Other Revenues - - - 15,579 15.579 . Total OpeJating Revenues 37,178,58 I 3,474,059 2,773,051 1.266.358 44,692,049 2,519,811 OPERATING EXPENSES: Operations and Maintemmce 31,729,774 2,048,235 2,273,410 592,995 36,644,414 . Depreciation 1,323,061 1,194,185 665,545 759,083 3,941,874 1,230,807 Amortization 63,003 - - - 63,003 - Employee Benefits - - - - - 642,483 Total OpeJating Expeoses 33,115,838 3,242,420 2,938,955 1,352,078 40,649,291 1,873,290 Operating Income (Loss) 4,062,743 231,639 (165,904) (as,720) 4,042,758 646,521 NONOPERATING REVENUES (EXPENSES): Investmenl Income 1,017,132 343,469 952,391 872,871 3,185,863 466,994 Special Assessments - - 29,764 - 29,764 - Interest Expense (1,495,726) (79,199) - - (1,574,925) - Gain on Disposal of Assets - - - - - 4,928 Amortization of Debt Issue Costs and Loss on Refunding (99,410) (10,513) - - (109,923) - Other Income 228,984 51,081 33,320 238,889 552,274 - Total Nonoperating Revenues (Expenses) (349,020) 304,838 1,015,475 1,111,760 2,083,053 471,922 Income before Capital ContrIbutioDS and Transfers 3,713,723 536,477 849,571 1,026,040 6,125,81 I 1,118,443 Capital Contributions 312,813 934,1l5 3,280,993 693,194 5,221,1 IS 36,734 Transfers Out (l,080,962) (704,809) (245.892) (191.285) (2,222,948) - Change in Net Assets 2,945,574 765,783 3,884,672 1,527,949 9,123,978 1,155,177 NET ASSETS: Beginning of Year 'l:l ,856,292 35.949,622 42,785,317 46,026,649 152,617,880 33,978,239 End of Year $30,801,866 $36,715,405 $46,669,989 $ 47,554,598 $161,741,858 $ 35,133,416 . The Notes to the Fmancial Statements are an integIal part of this statement IV-12 CITY OF SHAKOPEE Scott County, M"mnesota STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS For the Year Ended December 31, 2007 Business~ Type Activities - Enterprise Funds Governmental Activities - StolIll Intema1 . Electric Water Sewer Drainage Total Service Funds CASH FLOWS - OPERATING AC'I1VlTIES: Receipts from Customexs and Users $37,043,261 $3,382,217 $2,662,986 $ 1,241,780 $44,330,244 S 2,519,811 Payments to Suppliers (29,921,990) (1,391,085) (2,085,129) (222,687) (33,620,891) (383,265) . Paymcms to Employees (1,707,843) fT12,877) (117,953) (210,191) (2,808,864) (608,645) Payments for Interfund Services - - (47,411) (8,9OO} (56,311) 49,538 Net Cash Plows - Operating Activities 5,413,428 1,218,255 412,493 800,002 7,844,178 1,sn,439 CASH FLOWS - NONCAPITAL FINANCING Acnvrrms: Cash Implicitly Financed to (from) Other Funds (483,661) 483,661 - - - - Advances to Other Funds - - (42,450) (7,088) (49,538) - TI3DSferto Other Funds (1,080.9622 (704,809) (245,892) (191,285) (2,222,948) - Net Cash Flows - Noncapital Financing Activities (1,564,623) (221,148) ('288,342) 098.373) (2,272,486) - CASH FLOWS - CAPITAL AND RELATED FINANCING ACTIVITIES: Principal Paid on Debt (546,800) (93,200) - - (640,000) - Interest Paid on Debt (1,301.803) (80,453) - - (1,382,256) - Capital Contlibutions 278,528 3,324 - - 281,852 - Installation Fees - 58,375 . - 58,375 - Connection Charges - 793,342 - . 793,342 - Trunk Charges - 39,383 33,320 238,889 311,592 - Capital Related Special Assessments - - 60,357 - 60,357 - Interftmd Loan for Capital Acquisition - - (2,000,000) - (2,000,000) - Proceeds from Disposal of Capital Assets - - - - - 191,524 Acquisition of Capital Assets (1,392,492) (1,894,242) (1,378,709) (n,669) (4,743, II 2) 0.628,985) Net Cash Flows - Capital and Related Financing Activities (2,962.567) 0,173,471) (3,285.032) 161,220 (7,259,850) (1,437,461) CASH FLOWS - INVESTING AC11VlTIES: Proceeds (Purchases) ofInvestmenlS (524,752) 35,628 2,860,409 (288,219) 2,083,066 (488,050) Payment Received for Notes Receivable - - - - - 55,000 Interest and Dividends Received 982,222 335,467 971,053 865,855 3,154,597 464,026 Net Cash Flows - Investing Activities 457,470 371,095 3,831,462 sn,636 5,237,663 30,976 Net Change in Cash and Cash Equivalents 1,343,708 194,131 670,581 1,340,485 3,549,505 170,954 CASH AND CASH EQUIVALENTS: January 1 4,747,465 648,515 1,881,325 1,602,609 8,879,914 1,329,533 , December 31 $ 6,09I.173 $ 843.246 $2,551.906 $ 2.943.094 $12,429.419 $ 1.500.487 RECONCILIA nON OF CASH AND CASH EQUIVALENTS TO THE STATEMENT OF NET ASSETS: Restricted AccounlS $11,945,591 $ 854,615 $ - $ - $12,800,206 S - Other Accounts 100,000 - . - 100,000 - Cash and Investments 12,878,834 3,878,046 12,193,218 14.062,344 43,012.442 7,221,061 Subtotal 24,924,425 4,732,661 12,193,218 14,062,344 55,912,648 7,221,061 Less Long-Term mvesttnenlS 18,833,252 3,889,415 9,641,312 11,119.250 43,483,229 5,720,574 Cash and Cash Equivalents $ 6,091,173 $ 843.246 $2,551.906 $ 2,943.094 $12.429,419 $ 1,500,487 The Notes to the Financial Statements are an integral part oftbis statemenL IV-13 CITY OF SBAKOPEE Stott Connty, Minnesota STATEMENT OF CASH FLOWS - PROPRIETARY FUNDS For the Year Ended December 31, Z007 Business- Type Activities - Enterprise Funds Governmental Activities - StolDl Internal Electtic Water Sewer Drainage Total Service Funds RECONCILIATION OF OPERATING (lNCOME) LOSS TO NET CASH FLOWS- OPERATING ACTIVITIES: . Operating Income (Loss) S 4.062.743 $ 231.639 $ (165.904) $ (85.720) $ 4,042,758 $ 646,521 Adjustments to Reconcile Operating Income (Loss) to Net Cash Flows - Opemting Ac\ivi1ies: Miscellaneous Revenue 22&,984 51,081 - - 280,065 - Depreciation and Amortization Expense 1,386,064 1,194,185 665,545 759,083 4,004,877 1,230.807 Change in Assets and Liabilities: Accounts Receivable (369,381) 39,215 (110.065) (24,578) (464,809) - Due from Other Funds (2,856) 25,196 - - 22,340 - PIepaid Items (20,341) (4,211) - - (24,552) - I Invcntory (88,052) (2,]78) - - (90,230) - Accounts Payable 233.106 (30,652) (14,647) 143,987 33],794 (367,217) Conttacts Payable - - 19.440 (1,844) 17,596 (16,048) Customer Deposits 12,924 - - - 12,924 - Defem:d Revenue (4,991) (207 ,334) - - (212,325) - Due to Other Funds {18,867} (86,999) (24,326) 1,986 (128,206) 49,538 Compensated Absences Payable - - 42,450 7,088 49,538 - Other Liabilities (5.905) 8,313 - - 2.408 33.838 Total Adjus1ments 1.350.685 986,616 578,397 885.722 3,801,420 930.918 Net Cash Flows - OpeIating Activities $ 5.413.428 $1.218.255 $ 412.493 $ 800.002 $ 7.844.178 $ 1,577,439 NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES: Con1ributions of Capital Assets from t::he Municipality and Developers $ 10,233 $ 39,691 $3,280,993 $ 693,194 $ 4,024,111 $ 36,734 Pun:hases of Capital Assets OD Accou.:Dt - - - - - (29,214) Other Disposals and TnmsfetS of Capital Assets - - - (26,219) (26,219) (422,390) Other Disposals and TI3I1SfetS of Accumulated Depreciation - - - 2,619 2,619 235,794 Capital Asset Trade-Ins - - - 23,600 23,600 - . The Notes to the FiDancia! Statements are an integral part of this statement. IV-14 . CITY OF SHAKOPEE Scott County, Minnesota STATEl\1ENT OF FIDUCIARY NET ASSETS December 31,2007 Escrow . Agency Fund ASSETS: . Cash and Investments (Including Cash Equivalents) $ 1,333,877 LIABILITIES: Deposits Payable $ 1,333,877 . The Notes to the Financial Statements are an integral part of this statement. IV-15 CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2007 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Reporting Entity A. Reponing Entity (Continued) The City of Shakopee Is a statutoI)' city governed by an elected mayor and four council members. 2. Joint Venture. and Jointly Governed Organ~atlons The accompanying financial statements present the government entities for which the City is considered to bo financially accountable. . Local Government Information Systems The financial statements preaent the City and its component units. The City includes all funds. Local Government Infonnatlon Systems (LOOlS) is a joint venture of Ilpproxlmately 28 orgllllizatioD8, institutions, agencies, departments and offices that are not legally separate fium governmental entitles that provides computerlzed data processing and support services to Its such. Component units are legally separate organizations for which the elected officials oftbe members. Legally separate, the City does not appoint a voting majority of tile Board and City are financially accountable and are Included within the financial statements oCthe City LOGIS is fiscally independent oCthe City. Dunng 2007, the City paid $ 198,939 to LOGIS because oCthe significance oflheir operstional or financial relationships with the City. for services provided which is inc~uded in expenditures of the General Fund. Financial The City is considered financially accountable for a component unit Ifit appoints a voting statements arc available by contacting LOOIS, 5750 Duluth Street, Golden Valley, MilUlesota < 55422-4036. , majority of the organization's governing body and it is able to impose its will on the organization Scott Joint Prosecution Association -.>. by significantly influencing the programs, projects, activities or level of services perfonned or 0) provided by the orgllllizatlon, or there is a potential Cor the orgllllization to provide specific financial benefits to or impose specific financial burdens on, the City. Scott Joint Prosecution Association (SJPA) is a joint venture of approximately five cities that provides legal prosecution and support services to its members. Legally separate, the City All a result of applying the component unit definition criteria above, certain organizations have docs not appoint a voting majority oCthe Board and SJPA is fiscally independent of the City. been defined and are presented In this report as follows: During 2007, the City paid $ 372,415 to SJPA Cor services provided which is included in Blended Component Unit - Reported as If they were part oCthe City expenditures of the General Fund. Financial statements arc available by contacting SJPA, 200 Fourth Avenue Wesl, Shakopee, MiMosota 55379. Joint Ventures and Joinlly Governed Organizations - The relationship oCthe City with the 3. Otber Organization. entity is disclosed For each of the categories above. the specific entities are identified as follows: Sbakopee Fire Relief Association 1. Blended Component Unit The Shakopee Fire Relief Association (the "Association'') is organized as a nonprofit organization by its members to provide tensions and other benefits to ita mentbers in The Shakopee Economic Development Authority (BDA) was organized to promote accordance with Minnesota Statutes. It s not a component unit of the City because the Board of Directors is appointed by the membershJp. The financial oversight of the City Is limited to development, improve housing and reduce blighted areas in the Clly. It is included by reason approval authority for amending the Allsociation bylaws when the change resulls in an Increase of the City Council having final approval for Shakopee BDA actions and the Shakopee BDA In the pension benefit level requiring an Increased City conbibution. The Association has the Board being comprised entirely of City Council Members. City staff handles Sbakopce BDA authority to levy Its own taxes for pensions and deficits and would continue to exist for its activity including Shakopee BOA funds and the City approves Shakopec BOA tax levies and members If the City was dissolved.' . bonding activity. Therefore, the City has Cmancial oversight for Shakopee EDA activities. The activity of the Shskopee BDA Is shown In t~e Shakopee EDA - Special Revenue Fund in the City's financial statements. No separate financial statements for the Shakopee BDA are issued. For any infonnation desired beyond what is presented In this report, conlact the Finance Director Cor the City of Shako pee at 129 Holmes Street South, Shakop.ee, MilUlesota 55379.1351. . . . . ~ . . . CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 1007 December 31, 2007 NOTE 1 - SUMMARY OF SIGNIFlCANT ACCOUNTING POLICIES NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES B. Government-Wide and Fund FInancial Stalements C. Measurement Focus, Basis or Accounting and Financial Statement Prellentatlon The govenunent.wide financial statements (i.e., Ihe Statement oCNet Assets and the Statement (Contloued) of Activities) report infonnation on all oflhe non fiduciary activities oflhe City. The fiduciary Govenunental fund financial statements are reported using the CWTent financial resources funds are only reported In Ihe Slatement of Fiduciary Nel Assets and Ihe Statement of Changes measurement focus and Ihe modified lICCrual basis of accolUlting. Revenues are recognized as in Fiduciary Net Assets at Ihe fund llnanclal statement level. Governmenlal activilies, which soon as they arc both measurable 8/Id avallabl!:. Revenues are considered to be available when nonnally arc supported by taxcs and intergovenunental revenues, are reported separalely from they are collectible within the cUlTent period or soon enough Ihereafter to pay liabilities of the business-type activities, which rely to a significant extent on fees and charges for support. CWTent period. For this pwpose,the City considers revenues to bo available If they are collected The Statement of Activities demonstrates the degree to which the direct expenses of a given within 60 days ofthn end of the CWTent fiscal period. Expenditures generally are recorded when a liability is incwred, as Wlder accrual accoWlling. However, debt service expenditures, as well function or segment are offset by program revenues. Direct expenscs are those that are clearly as expenditures related to claims andjudlll1lents, are recorded only when paymentis due. identillable with a specific function or segment. Interest on generallong-tenn debt Is considered < an indirect expense and Is reported separately In the Statement of Activities. Program revenues Property taxes, franchise taxes, licenses and interest associated with the eWTent fiscal period arc include I) charges to customers or applicants who purchase, use or directly benefit from goods, all considered to be susceptible to accrual and so have been recognized as revenues of the I serviccs or privileges provided by a given function or segment and 2) grants and contributions CWTent fiscal period, Only the portion of special assessments receivable due within the cUlTent ....... ...... that are restricted to meeting .be operational or capital requirements of a particular function or fiscal period is considered to be susceptible to accrual as revenue of the current period. All segment. Taxes and other items not properly Included among program revenues are reported other revenue items are considered to be measurable and available only when cash is received instead as genera] rcvenues. Internally dedicated revenues are reported as general revenues by the City. rather than program revenues. Separatc financial statements are provided for governmental funds and proprietary funds. Mllior Dellcr/ptloD of Funds: "individual governmental funds and major individual enterprise funds are reported as separate Major Governmental Fund: colwnns in the fund tinancial statements. The City's Agency Fund Is presented bt the fiduciary fund financial statements. Since, by General FWld - Thia Fund is the City's primary operating fund. It accounts for all financial rcsources orthe general City, except those r-equired to be accowued for in anodler fund. definition, these assets are being held for the benefit of a third party (other loca] governments, private parties, etc.) and cannot be used to address aclivities or obligations of the City, this Fund Major Proprietary Funds: is not Incorporated into the government-wide slatements. Electric Fund - This Fund accolUlts for the operations of the City's electric utility. C. Measurement Focus, Basis of Accountlnll and Flnanclal Statement Presentation Water Fund - This 'Fund accounts for the operations of the City's water utility. The govcnunent.wide fin8/lcialstatements are reported using the economic resources Sewer Fund - This Fund accounts for operallons of the City's sewer utility. measurement focus and the accrual basis of accounting, as are the proprietary fund financisl statements. Revenues are recnrded when earned and expenses are recorded when a liability is Stonn Drainage Fund - This Fund accolUlts for the activities of the Ci~y's storm drainage incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues operations. in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. The City's Agency Fund reports only assets and liabilities and has nn measurement focus, but does use the accrual basis of accounting to recognize receivables and payables. CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, MinneSota Scott County, Mlnneaota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES C. Measurement Focus, Basis of Accounting and Financial Statement Presentation C. Measurement Focus, Buls of Accounting and Financial Statement Presentation (Continued) (Continued) Description of Funds: (Contlnned) When bolh resbicted and unrestricted reaoun:es are available for use, it is the City's policy to use Internal Service Funds: resbicted resources first, then unrestricted resources as they are needed, Equipment Fund - This Fund accounts for the City's acquisition oflarger pieces uf D. Asselll, Llabllltlu and Net Assets or Equity equipment. 1. Deposits and Iilveatmenlll Building Fund - This Fund accounts for the City's ftmds accumulated for construction, The City's cash and cash equivalents are consIdered to be cash un hand, demand deposits and ~ improvement ur major repairs uf major public buildings. . highly liquid debt instruments purchased with original maturities ofthree months or less from the date of acquisition. ~ Employee Benefits Fund - This Fund accounts for the City's funds accumulated for Minnesota Statutes authorizes the City to invest in obligations of the U.S: Treasury, agencies OJ compensated absences. and instnunentalitiea, shares oflnveslment companies whose only inveslments are In the Fiduciary Fund: aforementioned securities, obligations oflhe State of Minnesota or its municipalities, bankers' acceptances, future contracts, repurchase and reverse repurchase agreements and Escrow Agency Fund - This Fund accounts for the monies held for specific purposes for conunercial paper of the highest quality with a maturity of no longer thlUl270 days and in the individuals, private organizations, other government un/ts and other ftmds. Escrows may be Minnesota Municipal Inveslment Pool. Inveslmentslllll stated at fair value. held on behalf of builders and developers, for security deposits and police evidence deposits. The Minnesota Municipal Investment Pool Is an external inveslment pool not registered with Private-sedtor standards of accounting and financial reporting Issued prior to December I, 1989, the Securities Exchange Conunission (SEC) that follows the same regulatory rules of the generally are followed in both the government-wide and proprietary ftmd financial statements to SEe Wtder Rule 2.8.7. The fair value oflbe position in the pool is the same as the value of the extent that Utose standards do not conflict with or contradict guidance of the Governmental the pool shares. Accounting Standards Board (OASB). Oovernments also have the option of foilowlng The City's inveslment policy for all funds except the Elecbic and Water Enterprise Funds subsequent private-sector guidance for their business.type activities and enterprise funds, subject 10 this same limitation. The City has elected not to follow subsequent private-sector guidance. (Shakopee Public Utilities Commission) addresses custodial credit risk for deposits. The As a general rule, the effect of interftmd activity has been eliminated Horn the government-wide policy also addresses credit risk, interest rate risk and concentration of credit risk. The City's Elecbie and Water Enterprise Funds (Shakopee Public UtiJilies Conunissicn) do not have a financial statements. Exceptions to this general rule are payments, where the amounts ara fonnat policy to address any of these risks. reasonably equivalent in value to the interftmd services provided and other charges between the Custodial Credit Risk - Deposits: In the case of deposits, this is the risk that in the avent of a City's utility ftmction and various other ftmctions of the City. Elimination of these charges would distort the dJrect costs and program revenues reported for the various ftmctions concerned. bank failure, the City's deposits may not be returned to it. Minneso/a S/atu/e.r require all deposits be protected by federal deposit Insurance, corporate surety bonds or collateral. The Proprietary funds distinguish operating revenues and expenses from nonoperating items. market value of collateral pledged must ~UaIIIO% of deposits not covered by Federal Operating revenues and expenses generally result from providing services and producing and Deposit Insurance Corporation (FDIC) or onds. The City's deposit and investment policy delivering goods in connection with a proprietary fund's principal ongoing operations. The states deposits must be collateralized in order to comply with M/nnesota Statutes. principal operating revenues of the enterprise ftmds are charges to customers for sales and services. Operating expenses for enterprise ftmds Include the cost of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating ~venues and expenses. * . . . - . . . . CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL ST ATEMENT~ NOTES TO THE FlNANCIAL STATEMENTS December 31, 2007 Deeember 31, 2007 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES D. Assets, L1ablUtles and Net Assets or Equity (Continued) D. Assets, LlablllCles and Net Assets or Equity (Continued) 1. Deposits and Jnvestmenu (Continued) 1. Deposits and Investments (Conllnued) Credit Risk: Credit risk Is the risk that an issuer or other coWlterparty to an investment will Coneentration of Credit Risk: Concentration of credit risk is the risk ofJoss that may be not fulf1l1its obligation to the holder of the investment. This Is measured by the assigmnent caused by the City's investment in a single issuer. According to the City's invcstment policy, ora rating by a nationally recognized statistical rating organlution. The City's Investment the aggregate Investment portfolio shall be diversified by: policy slates that the City will minimize credit risk, the risk ofloss due to failure oCtbe Limiting investments to avoid over concentration in securities from a specific issuer security issuer or backer, by: . or business seclor. . Limiting investments 10 the safest types of securities. . Limiting investrnents In securities that have higher credit risks. . prequalifyln~ the financial institutions, brokers/dealers, intermediaries and advisors . Investing In securities with varying maturities. with which e City will do business. . . Continuously investing a portion of the portfolio in readily available funds, such as e;:: . Diversifyinr. the invesbnellt portfolio so the potelltiallosses 011 individual securities Local Government Investrnent Pools (LGIP), money market funds or repurchase will be min mlzed. agreements to ensure appropriate liquidity Is maintained In order to meet ongoing ~ obligations. (Q Interest Rate Risk: This Is the risk that changes in market Interest rates will adversely affect . Alllnvesbnents, other than those in direct obligations or agencies oflhe United the fair value of an investment. The policy states the City will minimize the risk the market States, secured by collateral or repurchase agreements, shall not exceed 50% of the value of securities in the portfolio will fall due to changes In interest rates by: aggregate Invesbnent portfolio. Mortgage backed seeurities shall not exceed 35% of Structuring the short-teon invesbnent portfolio so securities mature to meet cash the aggregate investment portfolio, at the time of investment (i.e., commercial paper . or bankers' acceptance). requirements for ongoing operations, thereby avoiding the need to sell securities on . Limiting Investments in anyone corporation to 10% of the aggregate investment the open market prior to maturity. portfolio Wld 5% oCthe corporation's assets. . Investing short-teon funds primarily in short-teon securities, money market mutual funds or similar Investrnent pools. Custodlal Credit Risk - Invesbnents: For an investment, this is the risk that in the event of . Evaluating the long-teon Investment portfolio against an agreed upon benclunark that the failure of the cOWlterparty, the City will not be able to recover the value oC ils investments meets the risk tolerances of the City and Its invesbnent policy. that are in the possession of an outside party. To the extent possible, the City shall attempt to match itS investments in short.teon operating 2. Receivables and Payables funds with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in seeurities maturing more than five years from the date of Activity between funds that are representative oflendinglborrowing arrangements purchase or In accordance with state and local statutes and ordinances. The City shall adopt a outstanding at the end of the fiscal year are reCerred to as "advances to/from other funds", All maximum weighted average maturity of three yearn (or these funds. Long-teon fimds shall other outstanding balances between funds aro reported as "due to/from other funds". Nay not be invested in securities exceeding 10 years In modified duration, at time of purchase. residual balances outstanding between the governmental activities and business.type activities are reported in the government-wide financial slatements as "Interfund baIWlces". All property taxes receivable are shown at a gross amoWlt since it is assessable and is collectible upon tbe saie oCthe property. CITY OF SHAKOPEE CITY OF SHAKO PEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 3J, 2007 December 31, 2007 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES D. Assets, Liabilities and Net Assets or Equity (Continued) D. Assets, Liabilities aod Net Assets or Equity (Contlnue~) 2. Receivables and Payables (Continued) 5. Capital Assets The City levies its property tax for ihe subsequent year during the month of December. ~apital assels, 'Yhi.ch i~clude property, pl~t, equipm~nt and infrastructure a9gets (e.g., roads, December 28 is the last day the City can certifY a tax levy to the County Auditor for SIdewalks and sImilar Items), are reported In the applicable governmental or business-type collection the following year. Such taxes become a lien on lanullI}' 1 and are recorded as activities columns in the govenunent-wide financial statements. Capital assets are defined by receivables by the City at that date. The property tax is recorded a8 revenue when it becomes the City as assets with an initial, individual cost of more than $ 5,000 and an estimated useful measurable and available. Scott County IS the collectin~ agency for the levy and remits the life in excess of one year. Such assets arc recorded at historical cost or estimated historical collections to the City three times a year. Taxes not co ected as of December 31 each year costlC purchased or constructed. Donated capital assets aie recorded at estimated Cair market are shown a8 delinquent taxes receivable. value atlhe dale of donation. -;=: The County Auditor prepares the tax list for all taxable property in the City, applying the The costs of nonnal maintenance and repairs that do not add 10 the value of the assel or applicable tax rate to tho tax capacity of individual properties, to wrive at the actual tax for materially extend assets lives are not capitalized. . I\J each property. The County Auditor also collects all special assessments, except for certain 0 prepayments paid directly to the City. Property. plant and equipment ofthe City ore depreciated using the straight-line method over the following estimated useful lives. The County Audilor submits the list of tlllles and special assessments to be collected on each Assets Years parcel of property to the County Treasurer in lanuary of each year. 3. Inventory, Prepaid Items and Other Assets Buildings 30.50 Certain payments 10 vendors reflect cosls applicable to futuro accounling periOdS and are Park Buildings 30 Building Improvements 25 recorded as prepaid items in both government.wlde and fund financial slalements. Orher Light Vehicles 4-10 assets include unamortized debt Issue costs for the Blectric and Water Bnterprise Funds. Also Included is the unamortized cost of buying capacity in a sewer inceptor owned by Machinery and Equipment 4-20 Metropolitan Council- Environmental Services. Utility Distribution System 10.50 Infrastructure 30;50 Inventories of enlerprise funds are valued at average cost using the first in, firsl out (FIFO) method. Inventories of govenunenlalfunds are not recorded at year.end on the Balance 6. Compensated Absences Sheets because they accwnulate insignlflcantlnventories 4. RestrIcted Assets yacatlon an~ sick leave benefils are recorded as expenditu~es in the Employee Benefils I~temal service fund and govenunental funds when the obligations are expected to be Certain cash and investments in the enterprise funds are classified as restricted. The B1eclric liquidated .with e~pendable financial resources. City employees earn vacation time based on Fund has monies restricted for customer deposits, emergency 8ystem repairs, constrUction years of City service. Bmployees who have 0 to IS years of employment may accumulate no more Ihan 240 hours. Bmplolees who have 16 or more years of service may accumulate no projects and debt service. The Water Fund has monies restricted for water production and more than 360 hours ofvacallon leave. Upon tennination, employees will receive trunk distribution facility acquisition, based on trunk and connection fees collected from co,?pensation for unused vacation. Employees earn sick leave at a rate of3.69 hours per pay users, construction projects and debt service. . period and may accwnulate IttQ a maximum of960 hours. The City compen9ates employees who leave municipal service at the rate of 45% plus 2% for each year of service beyond IS years up 10 75% of unused sick leave up to a maximum of 960 hours. . . . . . ~- . . . CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott Connty, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31,2007 December 31, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES D. 'Assets, Llabllllles and Net Assets or Equity (Continued) D. Assc"', Liabilities and Net Assets or Equity (Continued) 6. Compensated Absences (Continued) 10. Use of Estimates nle General Fund and Employee Benefits Internal service fund typically liquidate the The preparation of financlalststements in conformity with U.S. generally accepted compensated absences liability. accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at 7. Long-Term Obligations the date of the financial statements. Estimates also affect the reported amounts of revenue In the government-wide financial statements and proprietary fund types in the fund financial and expenditures/expense during the reporting period. Actual results could dilTer from those estimates. statements, long.tenn debt and other long.tenn obligations arc reported as liabilities in the applicable governmental activities, business-type acllvllles or proprietary fund type Statement NOTE 2- STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY < of Net Assets. EDtelJlrise fund bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds A. Budgetary Information I payable are reported net of the applicable bond premium or discount. Bond issuance costs I\) are reported as deferred charges and amortized over the term of the related debt. Budgets are adopted on a basis consistent with U.S. generally accepted accounting,principles. ->. Annually appropriated budgets arc adopted for the General Fund and the Shakopee BOA. Transit, In the fund financial statements, governmental fund types recognize bond premiums and Teleconununlcatlons and Recreation Special Revenue Funds. The Forfeiture Fund is not required discounts, as well as bond issuance costs, during tho current period. The face amount of debt to have a budget adcpted. All activity 10 this Fund is at the discretion of the Chief of Police. issued is reported as o!her financing sources. Premiums received on debt Issuances are Budgeted amounts present the originally adopted budget and final amended budget approved by reported as other financing sources while discounts on debt Issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds the City COlUlcll. The City does not use encumbrances. Budgeted expenditure appropriations received, are reported as dcbt service expenditures. lapse at year end. . 8. Fund Equity 1. In August of each year, City stalTsubmits to tho City Council, a proposed operating In the fund.fmancialstatements, governmental funds report reservations offund balance for budget for tha1iscal year conunencing the following January 1. The operatmg bUdget amounts that are not available for appropriation or are legally restricted by outside parties for includes proposed expenditures and .the means of financing tltem for the upcoming year. use for a specific /cUlposo. Designations of fund balance represent tentative management 2. Public hearings are conducted to obtain taxpayer comments. plans that are sub ect to change. 9. Net Assets 3. The budget is legally enacted through passage of a resolution after obtaining taxpayer comments. Net sssels represent the difference between assets and liabilities in tho government-wide 4. Budgets for the General and Spedal Revenue Funds are adopted on a basis consistent financial statements. Net assets Invested in capital assets, net of related debt consists of with U.S. generally accepted accounting principles. capital assela, net of accwnulated depreciation, reduced by the outstanding balance of any long-tcnn debt used to build or acquiro the capital assets. Net assets are reported as restricted S. Expenditures may not legally exceed budgeted appropriations at the division level. No in the government.wide financial slatement when there are limitations on their use through fund's budget can be increased without City Council approval. The City Council may external restrictions Imposed by creditors, grantors or laws or regulations of other authorize transfer OfbUd~ted amounts between divisions wilhin any fund. Management governments. may amend budgets with a division level, so long as the total division budget is not changed. CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Mlnneaota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STA'fEMENTS December 31, 2007 December 31, 2007 NOTE 2 - STEW ARDSOIP, COMPLIANCE AND ACCOUNTABILITY NOTE 3 - DEPOSITS AND INVESTMENTS A. Budgetary Information (Continued) A. Deposits (Continued) 6. Annual appropriated budgets are adopted for the General and applicable Special Revenue As ofDccember 31, 2007, the City had the following deposits: Funds. Annual appropriated budgets are not adopted for Debt Service Funds because effective budgetary control is alternatively IIChleved through bond Indenture provisions. Deposits (All Funds but the Electric and $ 43,412 Budgetary control for Capital Projects Funds is accomplished through the use of project Water Enterprise Funds) controls and fonnal appropriated budgets arc not adopted. Deposits (Electric and Water Enterprise Funds) 1,778,669 ---~ 7. Budgeted amounts are as originally adopted or as amended by the City Council. Total Deposits $ 1.822,081 Individual amendments were not material In relation to the original amounts budgeted, except for licenses and permit revenue in the General Fund. B. Short- Tenn Investments -;:: B. Deficit Fund Equity As of December 31, 2007, the City had the following short.teon invesbnents Corall funds, I\.) Capital Projects Funds: excluding the Electric and Water Enterprise Funds (Shakopee Public Utilities Commission). I\.) Park Reserve $ 0,783,739) Weighted 2008 Projects (56,130) Average Moody's The deficit fund balances in the Capital Projects Funds are a result of ongoing construction which Fair Value. Maturity (Yeara) Rating is periodically reimbursed by transfers from other funds and bond proceeds. Agency Bonds: FHLB $ 2,000,620 4.21 Au NOTE 3 - DEPOSITS AND INVESTMENTS FHLMC 998,300 4.97 Au Mortgage Bonds: A, Deposits FNMA 2,028,760 8.98 Aaa Conunercial Paper 1,992,640 0.08 P-l In accordance with applicable Minnesota Statutes, the City maintains deposits at depository Money Market Funds 5,541,306 N/A NR banks authorized by tho City Council. Custodial Credit Risk - Deposits: As of December 31, 2007, the City's bank balances were not Total Short-Term Investments $ 12,561,626 exposed to custodial credit risk because thoy were insured through FDIC and properly collateralized with securities held by the pledging financisllnslltution's trust department or agent in the City's name. . . ~ - . . . - . . CITY OF SIIAKOPEE CITY OF SHAKOPEE Scoll Couuty, Miuucsota Scott County, Minnesota NOTES TO TilE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, Z007 December 31, 2007 NOTE 3 - DEPOSITS AND INVESTMENTS NOTE 3 - DEPOSITS AND INVESTMENTS C. Long-Term Investments C. Long-Term Iove.stmeots (Continued) As of December 31 2007 the City had the following long-term investments for all funds, Custodial Credit Risk -Invc,o;tments: As of December 31, 2007, all investments oflhe Cilyand excluding the Elect;ic and Water Enterprise Funds (Shakopee Public Utilities Commission). the Electric and Water Enterprise Funds (Shakopee Public Utilities Commission) were insured, Modified registered and held by the City or its agent and in the City's name. Duration Moody's Credit Risk: In accordance with the City's investment policy, the City is invested In securities Fair Value (Veala) Rating with high mtings. Investments In govemment bonds arc mted Aaa, Aal, Aa2, AI, A1 and A3. U.S. Treasury Notes $ 698,709 5.89 Aaa Investments in commercial paper have a credit mting ofP-t and the money market funds do not have credit ratings. The City's Electric and Water Enterprise Funds investments iu U.S. Agcncy Agency Donds: 2,515,903 2.82 Aaa Securities have ratings by Moody's Investors Service ranging from unrated to Aaa, FFCD FHLD 7,951,800 1.01 Aaa Concentration of Credit Risk: As of Decemher 31, 2007, the City's investments exceeding 5% of < FIILMC 4,040,598 1.43 Aaa FNMA 1,645,010 I.1t Aaa the City's lotal inveshnents for all funds excluding the Electric and Water Enterprise Funds I (Shakopee Public Ulilities Commission) were as follows. N Agency S'ep'Up Bondo: W FIlLMC 508,320 1.05 Au FNMA 360,171 0.83 Aaa Percentage of Mortga8e Bond.: . Issuer Investment Typo Ponfollo CMO 5,458,823 2.26 Aaa FHLMC 5,853,531 3.38 Aaa Federai Home Loan Bank (FHLB) U.S. Agencies 15.4% FNMA 5.361,943 3.35 Aaa Federal Home Loan Mortgage Corporation (FHLMC) U.S. Agencies 25.1% ONMA 409,738 2.11 Au Federal Nalional Mortgage Association (FNMA) U.S. Agencies 24.9% Municipal Bonds 5,t21,664 1.85 (Aaa.A3) Commercial Paper 5,520,118 0.17 PI The City's Electric and Water Enterprise Funds invc,o;lments in FHLB, FNMA and FHLMC also Money Market Funds 408,616 NfA NR exceeded S% ofthe total investments of those funds at December 31, 2007. Total Long-Term Inve.tment. 51,921.004 1.81 The following is a summary oCtotal deposits and investments as of December 31, 2007: TOlallnve"ments $ 64.488.630 Deposits (Note 3.A.) S 1,822,081 As of December 31, 2007, the City's Electric and Water Enterprise Funds (Shakopee Public Investments (All Funds but the Electric and Utilities Commission) had the following investments. Water Enterprise Funds) 64,488,630 lnveslment M,turltlu Investments (Electric and Water Enterprise Funds) 27,878,417 F,lr Less IhM 1.5 6010 More th,n Petty Cash 1,170 Investment Type Value One Vear VCiIl -Y!!!!.... 10 Ve'lI Total Deposits and Investments $ 94,190,298 u.s. Treasuries $ 12,819.093 $ 552.270 $ 12,266,823 $ $ U.S. Agencle. 12,209,343 3,413,426 8,195,911 . Il.ternallnve.lment Pool. 2,849,981 2,849,98\ . . . -- rotallnvestments $ 27,878,411 $ 6,815,617 $ 21,062,140 ..L.:.. ~ CITY OF SIIAKOPEE CITY OF SHAKOPEE Scott County, Mtnnesota Scott County. Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31. Z007 December 31. Z007 NOTE 3 - D.EPOSITS AND INVESTMENTS NOTE 5- CApiTAL ASSETS C. Long-Term Investments (Continued) Capital asset activity for the year ended December 31, 2007 was as follows: Deposits and invcstmcnts lItC classified in the Deccmber 31, 2007 financial statements as Beghmlng Ending follows: Bal~ Increases Decreasel Balance Governmental Activities: Statement ofNel Assels: S 79,956;215 Capital Assets not belag Cash and Investments Depre<:lated: Restricted and Ollier Accounts 12,900,206 Land S 19,832,201 S 5,939 S 566,580 S 19,271,560 ConsllUclion in Progress 1,859,230 187,868 1,859,230 187,868 Statement ofr-iduclary Net Assets 1,333,877 Tola1 Capital Asseta not being Depreciated 21.691,431 1931807 2,425,810 19.459,428 Total Cash and lnvestmcnlB S 94,190,298 Capital Assets being < Depreciated: I NOTE 4 - RECEIY ABLES Buildings 31,173,154 1,689,757 50,889 32,812,022 I\) ~ 1n1ias1lUclure 126.163,148 4,080,443 5,699.254 124,544,337 Govenunental timds report deferred revenue in conneclion with receivables for revenues Ihalllte Machinery and I!quipment 1I ,231 ,832 I ,226.922 446.618 12.012,076 not considered 10 be available to liquidate liabilities of the cunent period. Govenunental funds Total Capital Assets also defer revcnue recognition in connection with resources that have been received, but not yet being Depreciated 168.568.134 6.997,122 6,196.821 169.368.435 earned. At the end of the cunent fiscal year, the various components of deferred revenue reported in the governmental timds were 88 follows: Less Ae<:umulated Delinquent Delinquent Deferred Depreciation for: Buildings 5.379,971 796.922 39,013 6,137,880 Property Special Special 1n1ias1lUclure 36,151,982 4.707,152 997,813 39.861,321 Taxes Assessments Assessments Tolal Macbinery and Equipment 4,045,85 I 772,675 249,280 4,569,246 Total Accumulated General Fund $ 322,173 $ 7,861 S 34,916 S 364,950 Depr..:lalion 45,577.804 6,276,749 1.286. t 06 50,568.447 Nonmajor Funds 9,142 15,715 8,287.369 8,312,226 . Total Capital Assets being Total S 331,315 S 23,576 S 8.322,285 $ 8,677,176 Depreciated, Net 122.990.330 720.373 4,910.7lS tt8.799,988 Govenunental Activities Capital Assets, Net S t44.681.761 S 914.180 S 7.336,525 $138.259.416 . . . . -- ~ ------~ -- ----------.::..~ . . - - . CITY OF SHAKOPEE CITY OF SRAKOPEE Scott County, Mlunesota Scott County, MlnneBota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2001 NOTE 5 - CAPIT.u. ASSETS NOTE 5 - CAPITAL ASSETS BegiJUling Bndlng Depreciation expellBa was charged to functions/programs of tho City as follows: Balance Increases Decreases Balance Business-Type Activities: Governmental Activities: Capllal AsselS not being General Government $ 247,119 Depreciated: Public Safety 488,817 Land $ 6,082,364 $ 5,877 $ - $ 6,088,241 Public Works 5,036,764 Construction in Progress 1.369.834 983.433 1.146.30g 1,206.959 Patk and Recreation 504.049 Total Capital AsselS not being Depreciated 7.452.198 989.310 1.146.308 7.295.200 Total Depreciation Bxpense . Governmental Activities $ 6.276.749 Capital Assets being Depreciated: Buslness- Type Activities: Plant in Service 149,120,057 9,349,605 130,510 158,339,152 ~ Machinery and Equipment 747,128 96t,44O 26.219 1.682.349 Blectric $ 1,323,061 Total Capital Assets Water 1,194,1.85 N being Depreciated 149.867.185 10.311.045 156.729 160.021.501 Sanitary Sewer 665;545 01 Stonn Drainage 759.083 Less Accumulated Depreciation {or: Total Depreciation Bxpense - Business-Type Activities $ 3.941.874 Plant in Service 26.6t 7.821 4,836,374 . 31,454,195 Machinery and Bquipment 324.867 396.889 2,620 719,136 NOTE 6 - LONG-1ERM DEBT Total Accwnulaled Depreciation 26.942.688 5,233.263 2.620 32.t73.331 A. General Obllgatlou Bonds Total Capital Assets being The City issues General Obligation (G.O.) Bonds to provide for financing tax Increment projects Depreciated, Net 122.924.497 5.077.782 154.109 127.848,170 and street improvements. Debt service is covered respectively by ta.x increments 8I1d special Ilusiness-Type Activities Capital assessments agaillBt benefited properties with 8I1Y shortfalls being paid from general taxes. Assets, Net $ 130.376.695 $6.067.092 $1.300.417 $135.143.370 G.O. Bonds are direct obligations and pledge the full faith and credit of the City. These Bonds generally ate issued as Serial Bonds With equal debt service payments each year. GoO. Bonds Of the $ 5,233,263 increase in depreciation, $ 1,291,389 is accwnulated depreciation on assets currently outstanding are shown on the following page. that were contributed to the Sewer Fund from the Met Council. B. Revenue Bonds The City Issued Revenue Bonds for electric and water activity. Debt serviell is covered through the revenue producing activities of these funds. CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, Z007 NOTE 6 - LONG-TERM DEBT NOTE 6 - LONG-TERM DEBT C, Components of Long-Term Liabilities C. Componenu of Long-Term Llabllltlet (Continued) wue Inleresl Origin.' Fin.' Prin,ipal Due Wilhin It.lue Interesl Origlnal Pinal Prin.lp,1 Duo Wilhln ~ Rates wuo Maturity Outstanding Ono Vea, ~ Rates Issue ...M!.!Jui.!.L OUlStaQdjna Ono Vea, Governmental AcUvities: Bu.lne,,-1)pe A.tlylll..: 0.0. Bonds: Royenuo Bonds: 0.0. Improyoment Bonds: UlIIily Reyenuo Bonds 1999 12106/99 s.oO% $ 9,850,000 08/01118 S 275,000 S 130,000 1996A 12101/96 4.6%-4.8% S 2,SSS,000 02101/08 S I SO,OOO S 150,000 Ulilily Rev..,ue Bonds 2001 06101/01 4.2S%.5.12% 12,000,000 02101130 10,820,000 26S,OOO 1997B 1II0Sl97 4.40%-4.7S% 1,805,000 02101/09 175,000 t05,ooo Utility RoCUndlns Reyenue 1998B 12101/98 4.0%-4.4% 2,375,000 02/01/10 585,000 19S,ooo Bonds 2oo3A 05/01103 2.2S%.4.4S'" 3,31S,000 08/01118 2,6S0,000 2QO,000 2000A 09119/00 4.4S%.4.95% 2,560,000 02101111 945,000 240,000 Utility Rer.mding Rovenuo 2002A 0210 1102 3.0%-4.3% 1,185,000 02101112 670,000 130,000 Bonds 2004A 10/01104 3.S%-4.S% 9,830,000 to/01l18 9,S80,ooo 15,000 2002B 07/01/02 2.0%-4.1% 3,7S0,OOO 02/01113 1,72S,OOO 71 S,Ooo Utility Rol\indlng Royonu. < 2003A 07/01103 2.0%.3.0% 2,21S,000 02101114 1,110,000 185.000 Bonds 2006A 11101106 4.12S%....375% IO,S70,Ooo 02101130 10.570.000 2004A OS/OI/04 2.2S%-4.tO% 4,225,000 02101/25 3,530,000 495,000 Total Royenuo Bonds 33,895.000 610,000 I 0.0. Building Rel\lnding I\) Bonds 20048 05/01/04 2.2S%....00% 2,275,000 02/01111 1,945,000 165,000 Comp....ted Abs..... 49,538 ~ 0) 0.0. Improyoment Bond. 2004C 1lI01/04 3.00/0-4.0% 2,570,000 02l0111S 2,020,000 250,000 Total Busin....Typo 0.0. Capltallmproyem.nt A.tivltl.. S 33.944.538 ~ Bonds 2004D 11101104 2.5%-4.2% 6,000,000 02101/25 5,615,000 230,000 G.O.lmproyoment Bonds Long'lenn bonded indebledness listed on Ihe previous page were issued 10 finance acquisition 2oo6A 01/01/06 4.00% 3,440,000 02101117 3,440,000 310,000 and construction of cBpitBI fucililies or to refinance (refund) previous bond issues. GoO. Improyement Bond. 2001A 02101/01 4.00% 1,370,000 02101/17 1.370,000 110,000 On November 1, 2006,Ihe Shakopec Public Utilities Commission issued:5 10,570,000 Public 0.0. Improyement Bonds Utilities Crossover Refunding Revenue Bonds, Series 2006A, to crossover refund $ 10,280,000 of 20070 09/01/07 4.00% 1,445,000 02101118 ',44S.000 the $ 10,820,000 currently outstanding of the $ 12,000,000 Shakopee Public Urilitles Revenue Tol.1 0.0. Dond. 24,725,000 3,280,000 Bonds, Series 2001 on February 1,2009. Comp.nsaled Abs.nces t,290,398 730,000 TolalOoYCllU1lental Acdviri.. S 26.01S.398 S 4.010.000 . - . . ~. ~ ----- -- . . . ., CITY OF SIIAKOPEE CITY OF SHAKOPEE Scott County, Mlnnelota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2007 NOTE 6 - LONG.TERM DEBT NOTE6-LON~TERMDEBT D. Cbanges In Long-Term LIabilities F. Buslnels-Type Activity Revenue Bonds Long.lerm liability lnfonnation for the year ended December 31, 2007 was as follows. Debl service to maturity for outstanding revenue bonds is as follows: Beginning Ending Year Bnded BaJ&llce Additions ReducUons Balance December 31, Principal Interest Total Governmental Aclivili~; Bonds Payable: 2008 $ 670,000 $ 1.053,048 $ 1.723,048 0.0. Bonds $ 25,020,000 $ 2,815,000 $ 3,110,000 $ 24,725,000 2009 71 0,000 1,251.898 1,961,898 Compensated Absences 1.256.559 636.642 602.803 I .290.398 2010 1.055.000 1.443,241 2,498.241 Total Governmental Acliviliu $ 26.276.559 $ 3.451.642 S 3.712.803 S 26.015398 2011 1,080,000 1,401,393 2,481,393 < 2012 1,145,000 1,357,015 2,502,015 I Business-Type Activities: 2013-2017 6,340.000 6,0\1,929 12,351.929 N Revenue Bonds $ 34,535.000 $ . S 640.000 S 33.895.000 2018.2022 7.890,000 4,416,350 12,306,350 ~ Bond Premiwn 53.435 . 4.323 49,112 2023-2027 9.910,000 2.386,953 12,296,953 Defmed Refunding Costs (t,073,066) . (53.394) (1,019,672) 2028-2032 5,095,000 338,088 5,433,088 Compensated Absences 167.318 117.780 49.538 Total Business-Type Acllvltles $ 33.515.369 S 167.318 S 708.709 $ 32.924.440 Total . $33,895.000 $19,659.915 $53.554,915 The General Fund, Recrealion and l!mployee Benefit Internal Service Funds and Sewer and NOTE 7 - CONDUIT DEBT OBLIGATIONS Slonn Drainage Bnlerprise Funds typically Iiquidale the liability relaled 10 compensated absences. Conduit debl obligations are certain limited obligallon revenue bonds or similar debl instruments E. Governmental A~lIvlty G.O. Bonds Issued for the express purpose of providing capital financing for a specific third pBl1y. Tho Cily has issued various revenue bonda to provide fimding 10 privalo-seclor enlllles for projects Debt service 10 maturity for outstanding 0.0. Bonds is as follows: deemed 10 be in the public Inleresl. Allhough these bonds bear tho namo of the City, Iho City has no obligalion for such debt beyond tho resources provided by relaled leases or loans. Year Ended Accordingly, the bonds are not reported as lIabilllies in Ihe fmancial stalements oflhe City. December 31. Principal Inter..t Total As of December 31, 2007. the following conduit debl was outslanding: 2008 $ 3.280.000 $ 912.463 $ 4.192.463 Date of Original Amount Balance 2009 2.660,000 785.257 3.445,257 Project Issue oflssue Relired OulslandinR 2010 2.565.000 691,384 3.256.384 2011 2,185,000 604,079 2,789,079 St. Francis RMC 10/06/04 $ 52,520,000 2012 2,075,000 52S,022 2,600,022 $ 2.000,000 $ 50.520,000 2013.2017 8,100.000 I,S97.660 9,697,660 St. Francis RMC 12/23/87 8,000,000 2,735,000 5,265.000 2018-2022 2,35S,OOO S97.075 2.952.075 2023.2027 I .50S.000 105.S37 1.610.537 Total S 55.785.000 Total $24.725.000 $S.818.477 $30.543.477 CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, M1nnll8ota Scott County, Mlnneaola NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2007 NOTE 8 - PLEDGING AGREEMENTS NOTE 8 - PLEDGING AGREEMENTS The City has pledged Its taxing authority to back certain revenuo bonds issued by the Scott , The City and the Shakopee BOA have a development agreement for costs related to an Imaginel County Community Development Agency (COA), fonnally known as the Scott County Housing Print Solutions, fonnally known as Challenge Printing, facility moving to Shakopee. The and Redevelopment Authority (liRA), for the Blocks 3 and 4 redevelopment project in Shakopee BOA issued a Taxable Tax mcrement Revenue Note in the amount ofS S 13,900 in downtown Shakopee. Refimding bonds were issued during 2006 to advance refimd the 1997 A, support of development cosls for the Imaglnel Print Solutions project. Imaginel Print Solutions 19970 and 1997E Series Bonds on their call dales. The 19970 Series Bonds were called on is the holder ofthe note. The Shakopee BOA Is liable only to the extent of the tax increment September 1,2006 and Ihe 1997A and 19!nB Series Bonds were callable on FebrulU}' 1,2008. . recoived from thlllmaginel Print Solulions property. Tho inlerest on Ihe note is 6.0%. Payments The outstanding issues at December 3 I, 2007 were: are scheduled semiannually from August 1,200610 FebrulU}' I, 20lS. . Scott County COA Housing Development Refimding Revenue Bonds, Series 2006A, Ihe The City and Ihe Shakopee BDA have a development agreement for costs related 10 Open amount is $ 3,260,000 and payments are scheduled from FebrulU}' 1,2007 to 2027, with Systems faeltlty located in Shakopee. 0 The Shakopee BDA issued a Taxable Tax Increment interest ranging from 4.25% to 4.5%. Revenue Note in the amount of$ 12S,OOO in support of development cosls for the Open Systems Project. Open Systems is tho holder of the noto. Tho Shakopee BDA is liable only to the extent < . Scolt County CDA Housing Development Rofimding Revenuo Bonds, Series 20060, the of the tax increment received from the Open Systems property. The interest on the note is 6.0%. amount Is S 925,000 and payments are scheduled from FebrulU}' I, 2007 to 2016, with Payments are scheduled semiannualty from August I, 200710 FebrulU}' 1,2014. , interest ranging from 5.7% to 6.25%. '" CO NOTE 9 -INTERFUND ASSETSILIABIL1TIES . Scott County COA Housing Development Refimding Revenue Bonds, Series 2006B, the amount is $I,24S,OOO and payments are scheduled from FebrulU}' 1,2018 to 2023, with The composilion of interfund balances as of December 31, 2007 is as follows: inlcresl ranging from 4.S% to 4.7%. Receivable FlDld Payable Fund Amount . Scott COWlty COA Housing Development Revenue Bonds, Series 1997 A, the original amount is $ 3,220,000 and payments are scheduled from FebrulU}' I, 2002 10 the call date Oenml FlDld Norunajor Oovernmental Funds $ 55.100 ofFebrulU}' I, 2008, with inlerest ranging from 4.10% to 5.38%. Oeneral Fund Electric FlDld 111,031 Scott County CDA Taxable Tax Increment Development Revenue Bonds, Series I 997E, Nonmajor Govenunental Foods Nomnajor Governmental Funds 261,775 . Nomnajor Governmental Foods Water Fund 48,471 the original amount is $ 1,170,000 andpaymenl is scheduled for the call date on Electric Food Waler Fund 1,756,525 FebrulU}' 1,2008, with interest at 5.38%. Electric Food Sewer Fund 23,085 The City has pledged its taxing authority to back a series of revenue bonds issued by the Scott Water Fund Slonn Drainage Fund 10,886 Sewer FWld Nonrnejor Govenunental Funds 2,000,000 ~oWl!y COA for the North Ridge Court Redevelopment Project in downtown Shakopee. The Sewer FlDld Emplo~ Benefits Inlernal Service FWld 42,450 Issue IS: Slonn Drainage Fund Employee Benefits Internal Service FWld -.1~ . Scott County CDA Housing Development Revenue Bonds, Series 2003, the amounl is Total $ 6,690,000 and payments are scheduled from FebrulU}' 1,2006 to 2034, with interesl $ 4.316.411 ranging from 2.00% to 5.00%. The due from/due to other funds balances generally represent borrowing to resolve deficit cash The City and the Shakopee EDA have a development agreement for costs related to a Seagate balances and billing expenses. The $ 2,000,000 balance r;:!iresents an advanco from the Sewer facility moving to Shakopee. The Shakopee BOA issued B Taxable Tax mcrcment Revenue Note Fund to the Park ReselVe Fund which witl be repaid aecor ing to the anlortizaticn schedule. in the amount on 4,572,725 in support of develo~ment costs for the Seagale Project. Seagate is the holder ofthe nole. The Shakopee BOA Is Iiab e only to Ihe extent of the tax increment received from the Seagate property. The interesl on the note is 7.5%. Payments are scheduled semiannually from August 1,200010 February 1,2009. o' . . . - . ~-- .-- - . ~ , . . CITY OF SHAKOPEE CITY OF SBAKOPEE Scott County, Minnesota Scott Couaty, Mlautlot. NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 December 31, 2007 NOTE 10-INTERFVND TRANSFERS NOTE 11- FUND EQUITYINET ASSETS Transfer In The government.wide Statement of Net Asse14 and the proprietary tUnd financial slatemenls Nonmajor divide net assels into the following components: nel assets Invested in capital assets, nel of General Govenunenlat related debt, restricted net asseta and unreatricted net assels. Restricted net ass cIs are required to Fund . Funds Total be reported when external parties mandate their restriction. . TrMsfer Out: NOTE 12 - RISK MANAGEMENT General Fund $ - $ 1,180,181 $ 1,I80,t81 Norunajor Governmental Funds 36.900 971,252 I,008,1S2 The City is exposed 10 various risks oftosa related to tortsi theft of, damage to and destruction of Electrio Fund 1,080,962 . 1,080,962 assets; errora and omissions and natural disasters for which the City carries insurance policies Waler Fund 704,809 . 704,809 through a risk tOOl from the League of MiJUlesota Cities Insurance Trust. The City retains risk Sewer Fund 18,400 227,492 245,892 for the deducli 10 portiollS oftbe insurance policies. The amount of these deductibles ranges Storm Drainsge Fund 48.040 143.245 191,285 from S 2,500 to S 5,000. There were no significant reductlollS In insurance from the previous < Total $ 1.889.111 S 2.522.170 $ 4.41 t.28t year or settlements In excess of Insurance coverage for any ofthe past five years. I I\) General Fund transfers in the amount of$ 1,108,770 were mode to the Recreallon Fund for 11trough the pool, the City is subject to reassessment but due to reserves and reinsurance <0 contracts, the likelihood is very low. The policy limits through the pool included S 1,000,000 operating purposes and $ 71,411 to the Shakopce BD~ Fund for tax abatements. aggregate for lIabllity, $ 1,000,000 for automobile c:overage, $ 100,000 faithful performance Transfcrs in the amount ofs 430,047 were made from the Public Works Building Capital employee bonding and S 1,000,000 for universal umbrella c:overage. Property coverage Is at Projects Fund to the 20040 Improvement Bonds Debt Service Fund to close out the Public approximately $ 76,000,000. Works Building Capital Projects Fund. Trwlsfers in the amount ofs 92,261 were made from tho NOTE 13 - DEmEO BENEFIT PENSION PLANS - STATEWIDE West Dean's Lake Capital Projects Fund to the 2004A Improvement Bonds Debt Service Fund to clos" the West Dean's Lake Capital Project Fund. A transfer in the amount ofs 3,505 was made Public Employees' Retirement A.soelaUOD from the 2003 Projects Capitol Projects Fund to the 2003A Improvement Bonds Debt Servlco Fund to close the 2003 Capital Projects Fund. Other transfers between norunajor governmental All full-time and certain part-lime employees of the City ore covered by defined benefit pension funds were made for operating purposes. plMs administered by the Public Employees' Rellrement Associstion of MilUlesota (PERA). Transfers from the business-typo tUnds were made to assist with financing of various actlvitiesln PERA administers the Public Employees' Retirement Fund (pBRF) and the Public Employees' Police and Fire Fund (PEPFF) which are cost-sharing, multiplc.cmployer retirement pions. the recipient funds. These Plans are established and administered in accordance with Minnesota Statutes Chapters 353 and 356. NOTE 11 - FUND EQUITY/NET ASSETS PERF members belong to eilher the Coordinated Plan or the Basic Plan. Coordinated Plan Fund equity or net assets are the residual or net assets of a given fund. Fund equity Is what is left members are covered ~ soelalseeurity and B88lo Plan members are not. All new members must over when the total liabilities of a fund ore deducted from its total assets. Governmental funds participate in the Coor nated Plan. All police offic"rs, firefighters and peace officers who refer to a fund's net sssets as fund balance. The government-wide Slatement of Net Assets and qualifY for membership by statute are covered by the PEPFF. the City's proprietary tUnd fmancial statements refer to a fund's residual aSsels as net assets. PERA provides retirement benefits as well as disability benefits to members, and benefits to Governmental tUnd balance Is divided into three major categories: reserved, designated and survivors upon doath of elircble members. Benefits are established by state statute, and vest after Wllcserved. ReservatiollS of governmental fund balance are used to quantifY the amount of a three ye~ of credited serv ceo The defined retirement benefits are based on a member's highest fund's net assets that 8re not available to meet the cUllent financial needs of the City. average 8alary for any five successive years of allowable servlc", ag" and years of credit at Designations are used to indlcato a future use has been identified for net assets that are available termination of service. for current financial needs. Finally, unreserved fund balance is a measure of a governmental fund's net resources available for cUllent financial np",". CITY OF SHAKOPEE CITY OF SHAKOPEE Scott County, Minnesota Scott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS NOTES TO THE FINANCIAL STATEMENTS Deumber 31, 2007 December 31, 2007 NOTE 13 - J>EFINED BENEFIT PENSION PLANS - STATEWIDE NOTE 13 - DEFINED BENEFIT PENSION PLANS -, STATEWIDE Public Employees' Retirement Association (Continued) Public Employees' Retlremeut Assoclatlou (ConCluued) A. Piau DescrlplloD (CoDtlnued) B. Fuudlug Polley Two methods are used to compute benefits for PERA's Coordinsted Plan and Basic Plan Minnesota Statutes Chapter 3S3 aets the rates for employer and employeo contributions. These members. The retiring member receives the higher of a step.rato benefit accrual fonnula Statutes are established and amended by the state legislature. The City makes annual (Method I) or a level accrual fonnula (Method 2). Under Method 1, the annuity accrual rate for contributions to the pension plans equslto the amoWlt required by stale statutes. PERF Basio a Baslo Plan momberis 2.2% ofavemge salary for esch of the first 10 years of service and 2.7% Plan members and Coordinated Plan members were required to contribute 9.10% and 5.7S%, for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2% of respectively, of their 8!1I1ual oovered salary In 2007. Contribution rates in the Coordinated Plan average salary for each of the fUlltlO years and 1.7% for each remaining year. Under Method 2, will increase In 2008 to 6.0%.. PBPFF members were required to contribute 7.8% of their annual the annuity accrual rate is 2.7% ofaverage salary for Basic Plan members and 1.7% for covered salary in 2007. That rate will increase to 8.6% in 2008. The City is required to Coordinated Plan members for each year of service. For PEPFF members, the annuity accrual contribute the following percentages of annual covered payroll: 11.78% for Basic Plan PERF -;:: rate is 3.0% for each year ofservico. For all PERF and PBPFF members hired prior to July I, members, 6.25% for Coordinated Plan PERF members and 11.7% for PBPPF members. 1989, whose annuity Is calculated using Method I, a full annuity is availablo when age plus yeatS Employer contribution rates for the Coordinated Plan and PBPFF will increase to 6.5% and eN of service equal 90. Nonnal retirement age Is 5S for PBPFF members and 65 for Basio Plan and 12.9%, respectively, effective January I, 2008. The City's contributiol1B to the PERF for the 0 Coordinated Plan members hired prior to July I, 1989. Normal retirement age for wueduced years ending December 31,2007, 2006 and 2005 were $ 4S2,967, $ 410,849 and S 353,029, social security benefito is capped at 66 for Coordinated Plan members hired on or after July 1. respectively. The City's contributions to tbe PBPFF for the years ending December 31, 2007, 1989. A reduced retirement annuity is also available to eligible members seeking early 2006 and 2005 were $ 3S9,836, $ 278,056 and $ 209,661, respectively. The City's contributions retirement. were equal to the contractually required contribulions for each year as set by slate statute. There are differentlypes of annuities available to members upon retirement. A single-life C. Shakopee Voluuteer Fire ReUef Assoclatlou annuity is a lifetime aMuity that ceases upon the death of the retiree--no survivor annuity is The City contributes to the Shakopee VolWlteer Fire DepllJtment Relief Association (the payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the Fund upon "Associatiou") that provides pension benefits to its members WIder a defined benefit plan. Since termination of public service in order to qualifY for a deferred annuity at retirement age. Refunds fire department members are volWlteers, contributions to the Association are not based on of contributions are available at any time to members who leave public service. but before payroll, but rather on years of active service. All active firefighters may apply for membership in retirement benefits begin. the Association and shall become a member immediatety upon approval by the Board of Trustees. The benefit provisions stated in the previous paragraphs of this section are current provisions and The City's contribution to the Association is detennined by multiplying $ 7,500 by the number of apply to active Plan participants. Vested, temUnated employees who are entitled to benefits but are not yet receiving them are bound by the provisions in effect at the time Ihey last lennlnated years of active service completed by members oflhe Association for the plan year, prorated by their public service. months for members who did not complete a full year of active service. Required and actual employer contributions to the plan during 2007 were $ 210,301. Members oftbe Association are PERA issues a publicly available financial report that includes financial statements and required not allowed to make volWltary contributions to the Plan. supplementary infonnation for PERF and PEPFF. That report may be obtained on the Internet at www.mnpera.org, by writing to PERA at 60 Bmplre Drive, Suite 200, 51. Paul, MiMesota D. Post Retirement Benefits 55103.2088 or by calling (651) 296.7460 or (800) 652.9026. City employeea are eligible to participate in COBRA provisions after severing employment or Minnesota Statutes Chapter 488 after retirement. which allows employees to continue coverage on the City's health insurance plan under certain provisions. Currently, the City has eight fonner employees/dependents participating WIder the Minnesota Starutes Chapter 488 provision and four disabled attbe end of 2007. The participants pay for the premium under the above provisions. . , .I. . CITY OF SHAKOPEE Seott County, Minnesota NOTES TO THE FINANCIAL STATEMENTS December 31, 2007 NOTE 14 - CONTINGENT LIABILITIES AND COMMITMENTS The City is a currently a defendant in litigation with a developer concerning platting issues. Although the outcome of this lawsuit is not presently determinable, the resolution in not expected to have a material adverse effect on the financial condition of the City. There are various uncompleted construction contracts as of year-end totaling approximately $ 1,385,998 for work yet to be done. Completed work is reflected in the financial statements, work yet to be done is not. NOTE 15-SEGMENTINFORMATION The City maintains four enterprise funds that account for the electric, water, sewer and storm drainage utilities. The City considers each of its enterprise funds to be a segment. Since the required segment information is already included in the City's proprietary funds' Balance Sheet and Statement of Revenues, Expenses and Changes in Net Assets balances, this infonnation has not been repeated in the notes to the basic financial statements. f . IV-31 Springsted Incorporated 380 Jackson Street, Suite300 FJ Springsted Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 Email: advisors@springsted.com www.springsted.com $2,170,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A (BOOK ENTRY ONLY) AWARD: CRONIN & COMPANY, INC. WELLS FARGO BROKERAGE SERVICES, LLC SALE: August 6, 2008 Moody's Rating: Aa3 Interest Net Interest True Interest Bidder Rates Price Cost Rate CRONIN & COMPANY, INC. 3.50% 2010-2013 $2,186,741.15 $456,743.22 3.6812% WELLS FARGO BROKERAGE 3.75% 2014-2015 SERVICES, LLC 4.00% 2016-2019 UBS SECURITIES LLC 3.00% 2010-2011 $2,165,987.67 $456,641.50 3.6983% 3.25% 2012-2014 3.50% 2015 3.75% 2016 4.00% 2017-2019 M&I BANK 3.50% 2010-2013 $2,190,264.35 $464,667.94 3.7393% 4.00% 2014-2018 4.25% 2019 NORTHLAND SECURITIES 3.00% 2010-2011 $2,174,564.30 $465,624.24 3.7633% BERNARDI SECURITIES, 3.25% 2012 INCORPORATED 3.50% 2013 3.75% 2014 4.00% 2015-2019 PIPER JAFFRAY& CO. 3.50% 2010-2012 $2, 17~8,095.50 $469,673.77 3.7968% 3.625% 2013 3.75% 2014 4.00% 2015-2019 (Continued) Public Sector Advisors Interest Net Interest True Interest Bidder Rates Price Cost Rate UMB BANK, N.A. 2.60% 2010 $2,151,555.00 $472,042.50 3.8395% 2.90% 2011 3.20% 2012 3.30% 2013 3.45% 2014 3.65% 2015 3.75% 2016 3.90% 2017 4.00% 2018 4.05% 2019 SUNTRUST ROBINSON 4.00% 2010-2019 $2,179,799.05 $481,967.62 3.9019% HUMPHREY, INC. FIRST TRUST PORTFOLIOS L.P. STEPHENS, INC. --------------------------------------------------------..--------------------------------------------------------------------------------..---------------.......----- REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 3.50% 2010 2.30% 3.50% 2011 2.75% 3.50% 2012 3.00% 3.50% 2013 3.15% 3.75% 2014 3.35% 3.75% 2015 3.50% 4.00% 2016 3.65% 4.00% 2017 3.80% 4.00% 2018 3.90% 4.00% 2019 Par BBI: 4.74% Average Maturity: 5.666 Years * Subsequent to bid opening, the issue size was not changed.