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HomeMy WebLinkAbout15.F.5. Improvement/Refunding Bond Sale-Res. No. 6018, 6019 IS. F.5:- CITY OF SHAKOPEE COr~SENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Improvement/Refunding Bond Sale DATE: February 25, 2004 Introduction Council action is needed for setting the sale of improvement bonds for 2003 and 2004 projects. Background Attached are resolutions prepared by bond counsel that sets the sale of improvement bonds for 2003 and 2004. This is a routine event. The bonds to be sold are in the amount of $4,225,000. The financed projects are West Dean Lake, Valley View/Greenfield, and Veirling Drive/CR 15 East. Also included is refunding the 1997 GO Building Bonds (fire station) to achieve a lower interest rate and save an estimated $174,000 (present value) . The bond sale schedule is set to adopt this repo1ution on March 1, sell the bonds on April 6th with settlement in about 30 days. Action Offer Resolution No. 6018 A Resolution Providing For The Issuance and Sale of $4,225,000 General Obligation Improvement Bonds, Series 2004A, and move its adoption. Offer Resolution No. 6019 A Resolution Providing For The Issuance and Sale of $2,280,000 General Obligation Building Refunding Bonds, Series 2004B, and move its adoption. Gregg Voxland Finance Director g\finance\cash\bonds\04Abonds Extract of Minutes of Meeting of the City Council of the City of Shako pee, Scott County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shakopee, Scott County, Minnesota, was held at the City Hall in the City on Monday, March 1,2004, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: * * * * * * * * * The following resolution was presented by Councilmember , who moved its adoption: RESOLUTION NO. 6018 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,225,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); SIB-244450vl SH155-142 Proiect Designation & Description: Total Project Cost West Dean Lake Project Vierling/CR 15 East Valley View/Greenfield Project Costs $4,072,192.50 Deposit to Capitalized Interest Fund 89,332.50 Total Underwriter's Discount 33,800.00 Costs of Issuance 29,675.00 Total $4,225,000.00 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,225,000 General Obligation Improvement Bonds, Series 2004A (Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $4,191,200. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $33,800. The excess of the purchase price of the Bonds over the sum of $4,191,200 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SJB-244450vl SH155-142 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE TillS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,225,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, April 6, 2004, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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 Biddinf(. 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 Biddinf(. Notice is hereby given that electronic proposals will be received via PARITY@. 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 PARITY@, Each bidder shall be solely responsible for making necessary arrangements to access P ARITJ:*W 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 PARITY@ 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 PARITY@ 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 P ARITY@. The City is using the services of P ARITY@ solely as a communication mechanism to conduct the electronic bidding for the Bonds, and P ARITY@ is not an agent ofthe City. SJB-244450vl SH155-142 If any provisions of this Terms of Proposal conflict with information provided by P ARITY@, this Terms of Proposal shall control. Further information about P ARITY@, including any fee charged, may be obtained from: PARlTY@, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer Support, (212) 404-8102. DETAILS OF THE BONDS The Bonds will be dated May 1,2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2005. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $185,000 2011 $185,000 2016 $95,000 2021 $90,000 2007 $510,000 2012 $285,000 2017 $95,000 2022 $90,000 2008 $495,000 2013 $280,000 2018 $95,000 2023 $90,000 2009 $480,000 2014 $275,000 2019 $95,000 2024 $90,000 2010 $420,000 2015 $195,000 2020 $90,000 2025 $85,000 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 and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. 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 DTC and its participants. Principal and interest are payable by the registrar to DTC 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 that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. SJB-244450vl SH155-142 OPTIONAL REDEMPTION The City may elect on February 1,2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be a price of par plus accrued interest. 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 property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,191,200 and 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 $42,250, 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 and no interest will accrue to the purchaser, will be deposited by the City. 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 must be in level or ascending order. 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 SJB-244450vl SH155-142 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. 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 SJB-244450vl SH155-142 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, 85 East Seventh Place, Suite 100, 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 170 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 March 1, 2004 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk SJB-244450vl SH155-142 . ...""".",,,...............,...,,.,,...,,..,',,,,,.,.\,....',,.'r.."."'",..."...,,,.~...,~...........''',..,,''' "....... ... ... ....,... " .... .... ... 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, April 6, 2004, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Coullcilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: . whereupon the resolution was declared duly passed and adopted. Adopted in regular session this 1 st day of March, 2004. Mayor of the City of Shakopee ATTEST: City Clerk SJB-244450vl SH155-142 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, Scott County, Minnesota, was held at the City Hall in the City on Monday, March 1,2004, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: *** *** *** The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. 6019 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,280,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 2004B BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act) and Section 475.67, Subdivision 13 of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council to be necessary and desirable; I (b) it is necessary and desirable that the City issue $2,280,000 General Obligation Building Refunding Bonds, Series 2004B (Bonds) to refund in advance of maturity and at their redemption date, certain outstanding general obligations of the City; SJB-244453vl SH155-142 (c) the outstanding bonds to be refunded (Refunded Bonds) consist of the $3,140,000 General Obligation Building Bonds, Series 1997A, dated June 1, 1997, of which $2,190,000 in principal amount is callable on February 1, 2005. 2. To provide monies to refund in advance of maturity the Refunded Bonds, the City will therefor issue and sell Bonds in the amount of $2,257,770. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $22,230. The excess of the purchase price of the Bonds over the sum of $2,257,770 will be credited to the debt service fund for the Bonds for the purpose of paying interest fIrst coming due on such additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms and conditions of the following Official Terms Proposal: SJB-244453vl SH155-142 THE CITY HAS AUTHORIZED SPRINGS TED INCORPORATED TO NEGOTIATE TillS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,280,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 2004B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, April 6, 2004, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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 Biddinf(. 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 Biddinf(. Notice is hereby given that electronic proposals will be received via P ARlTY@. For purposes of the electronic bidding process, the time as maintained by P ARlTY@ shall constitute the official time with respect to all Bids submitted to PARlTY@. Each bidder shall be solely responsible for making necessary arrangements to access P ARITyID for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of ~~~~~~~~~~~~~~~~~~m 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 PARlTY@ 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 PARlTY@. The City is using the services of PARITY@> solely as a communication mechanism to conduct the electronic bidding for the Bonds, and P ARlTY@> is not an agent of the City. SJB-244453vl SHl55-142 If any provisions of this Terms of Proposal conflict with information provided by P ARlTY@, this Terms of Proposal shall control. Further information about P ARlTY@, including any fee charged, may be obtained from: PARlTY@, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer Support, (212) 404-8102. DETAILS OF THE BONDS The Bonds will be dated May 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2005. Interest will be computed on the basis ofa 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $165,000 2009 $175,000 2012 $190,000 2015 $215,000 2007 $165,000 2010 $180,000 2013 $195,000 2016 $220,000 2008 $165,000 2011 $185,000 2014 $200,000 2017 $225,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offeredfor 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 and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. 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 DTC and its participants. Principal and interest are payable by the registrar to DTC 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. SID-244453vl SH155-142 REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services ofthe registrar. OPTIONAL REDEMPTION The City may elect on February 1,2014, and on any day thereafter, to prepay Bonds due on or after February 1,2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid_ DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. 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. The proceeds will be used to refund the February 1, 2006 through February 1, 2017 maturities of the City's General Obligation Building Bonds, Series 1997A, dated June 1, 1997. TYPE OF PROPOSALS Proposals shall be for not less than $2,257,770 and 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 $22,800, 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 and no interest will accrue to the purchaser, will be deposited by the City. 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 must be in level or ascending order. 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. SJB-244453vl SH155-142 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. 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. SJB-244453vl SH155-142 , 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, 85 East Seventh Place, Suite 100, 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 90 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 ofthe Bonds for purposes of assuring the receipt by each such Participating Underwriter ofthe Final Official Statement. Dated March 1, 2004 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk SJB-244453vl SH155-142 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, April 6, 2004~ to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was du1y seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. Adopted in regular session held this 1 st day of March, 2004 Mayor of the City of Shakopee ATTEST: City Clerk SJB-244453vl SH155-142 15. F. 5. 85 SEVENTH PLACE EAST, SUITE 100 SAINT PAUL, MN 55101-2887 651. 223.3000 FAX: 651. 22 3. 3002 f\ t"', ~, ~ f1~ f E-MAIL: advisors@springsted.com .' .U\"~~;) ~\ ,'~ ,~~';t. ., U",' \Jl SPRINGSTED Advisors to tbe Public Sector $ February 26, 2004 Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Recommendations for the Issuance of: $4,225,000 General Obligation Improvement Bonds, Series 2004A $2,280,000 General Obligation Building Refunding Bonds, Series 2004B Dear Mr. Voxland: We have enclosed a copy of our recommendations for the above-captioned issues for distribution to Council members and City staff prior to your meeting on Monday, March 1, 2004. We have also enclosed a contract amendment for services relating to continuing disclosure to include these issues. If the City wishes to continue to engage Springsted for this service for the new issues, please sign the amendment and return it to us. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, (Jj)~ /J7 4Is h,/.4 '(fv--<..r Christine M. Hogan Project Manager kem Enclosures CORPORATE OFFICE: SAINT PAUL, MN . Visit our website at www.springsted.com IOWA . KANSAS .. MINNESOTA . VIRGINIA . WASHINGTON, DC . WISCONSIN Recommendations For City of Shakopee, Minnesota $4,225,000 General Obligation Improvement Bonds, Series 2004A $2,280,000 General Obligation Building Refunding Bonds, Series 2004B Presented to: Mayor John Schmitt Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 SPRINGSTED Study No.: S0750Q4R4 ~ Ad';,"n '" ,h, M1;, S",,, SPRINGSTED Incorporated February 26, 2004 RECOMMENDATIONS Re: Recommendations for the Issuance of: $4,225,000 General Obligation Improvement Bonds, Series 2004A (the "Series 2004A Bonds") $2,280,000 General Obligation Building Refunding Bonds, Series 2004B (the "Series 2004B Bonds") (collectively referred to as the "Bonds" or the "Issues") We respectfully request your consideration of our recommendations for the above-named Issues. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offerings. 2. Sale Date and Time Tuesday, April 6, 2004, at 12:00 Noon with award by the City Council at 7:00 P.M. that same evening. 3. Method of Sale The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision for underwriters to submit their bids electronically through the electronic bidding platform of PARITY@. In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. 4. Authority for the Bonds The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. In addition, the Series 2004A Bonds are also being issued pursuant to Minnesota Statutes, Chapter 429. 5. Principal Amount of the Bonds Series 2004A Bonds - $4,225,000 Series 2004B Bonds - $2,280,000 Included in the attached Terms of Proposal for the Series 2004B Bonds is a provision that permits the City to increase or reduce the principal amount of the Series 2004B Bonds in any of the maturities. This will allow for any necessary adjustments based on final costs and the amount required to fund the escrow account. 6. Repayment Term The Series 2004A Bonds will mature annually February 1, 2006 through 2025. Interest will be payable semi-annually each February 1 and August 1, commencing February 1 , 2005_ City of Shakopee, Minnesota February 26, 2004 The Series 2004B Bonds will mature annually February 1, 2006 through 2017. Interest will be payable semi-annually each February 1 and August 1, commencing February 1, 2005. 7. Term Bonds We have included a provision on the Bonds that permits the underwriters to combine multiple maturity years into a single term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selllng larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether or not term bonds are chosen. 8. Security and Source of Payment (a) Security The Bonds will be general obligations of the City. (b) Source of Payment The Series 2004A Bonds will be repaid with the collection of special assessments. The interest payment due on February 1,2005 will be made with capitalized interest included in the par amount of the Bonds. The Series 2004B Bonds will be repaid from general ad valorem tax levies. The escrow established with the proceeds of the Series 2004B Bonds will be used to pay the interest payments due on the Series 2004B Bonds through the first call date on the Series 1997 A Bonds. 9. Prepayment Provisions For both series of Bonds, the City may eject on February 1, 2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015 at a price of par plus accrued interest. 10. Credit Rating Comments An application will be made to Moody's Investors Service for a rating for the Bonds. The City's current credit rating on its general obligation debt is "A 1." Page 2 City of Shakopee, Minnesota February 26, 2004 11. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank-qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax-exempt bonds in a calendar year. Issues that are bank- qualified typically receive slightly lower interest rates than issues that are not bank- qualified. It is our understanding the City expects to issue more than $10 million of tax-exempt obligations in 2004, therefore these Issues are designated as not bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. Bond proceeds deposited to a project/construction fund may qualify for exemption from rebate if the proceeds are spent in accordance with the 6-month, 18- month, or 24-month spending exception. Both the 18-month and the 24-month spending exception require a certain percentage of the proceeds be spent at six- month intervals. If the City meets one of the applicable spending exceptions, they may retain the interest earnings. The Series 2004A Bonds - the City anticipates meeting one of the expenditure exceptions and will therefore qualify for exemption to rebate. The Series 2004B Bonds - the proceeds of the Series 2004B Bonds will be placed in an escrow account and invested in a yield no greater than the yield on the Series 2004B Bonds. Therefore no arbitrage will be earned. Page 3 City of Shakopee, Minnesota February 26, 2004 (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during the prior year or 1/12 of the debt service of the prior year. Additional diligence should be exercised in monitoring the debt service fund for the Series 2004A Bonds due to the potential accumulation of prepayment of special assessments, which could cause the fund to become non-bona fide. (d) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Series 2004A Bonds. (e) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The Series 2004A Bonds - the economic life of the improvements exceeds 20 years. The average life of the Bonds is 7.988 years; therefore the Series 2004A Bonds are within the economic life requirements. The Series 2004B Bonds - since the final term of the Series 2004B Bonds does not extend beyond that of the original issue, the Series 2004B Bonds are within the economic life requirements. 12. Continuing Disclosure The Bonds are subject to the continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this Issue has been provided to City staff. Page 4 City of Shakopee, Minnesota February 26, 2004 13. Attachments Series 2004A Bonds - Sources and Uses Schedule - Assessment Income Schedules - Debt Service Schedule Series 2004B Bonds - Refunding Schedules Terms of Proposal DISCUSSION Series 2004A Bonds The proceeds of the Series 2004A Bonds will be used to finance three improvement projects within the City including the Valley View/Greenfield project, the Vierling Drive/CR 15 East project, and the West Dean Lake project. As shown in the sources and uses of funds on page 8, the City is contributing cash from various City funds that are being used to reduce the borrowing amount. In addition, the City is also expecting to receive $250,000 of assessmel1t prepayments on the Valley View/Greenfield project that is also being used to reduce the borrowing amount. Since revenue from assessments will not be available to make the February 1, 2005 interest payment, capitalized interest has been included in the principal amount of the Series 2004A Bonds. All assessments will be filed on or about October 1, 2004. Assessments will be spread over terms of 1 0 and 20 years with even annual principal payments and interest charged on the unpaid balance at a rate of approximately 1.5% above the True Interest Rate (TIC) on the Series 2004A Bonds. For structuring purposes we have assumed a rate of 4.90% on the assessments. Of the total $4,297,173 of assessments, collections on $687,173 will be deferred under the Minnesota Green Acres law. Under the Green Acres law, eligible properties do not repay any assessment amounts (including interest) until such time as they loose their Green Acres status (usually do the development of agricultural property). Interest on the deferred Green Acres assessments accrues annually but is not paid until the property is no longer eligible for the decrement; the accrued interest is added to the original principal amount of the assessment and reamortized over the remaining assessment term. City staff has directed that we make certain assumptions regarding the future collection of the deferred Green Acres assessments, as discussed in greater detail below. In addition, City staff has also directed that we include certain assumptions regarding the prepayments on assessments on the Valley View/Greenfield project and the West Dean Lake project. Those are also discussed in greater detail below. Page 9 shows the total projection of future assessment collections based on the assumptions regarding the future collection of deferred assessments and prepayments. The following is a discussion of the projection of assessment collections by project: . Valley View/Greenfield project: 50% of the assessments totaling $250,000 are expected to be prepaid in the fall of 2004. The remaining assessments totaling $250,000 will be deferred under the Minnesota Green Acres law. For structuring purposes we were instructed to assume the deferred assessments will be collected in the years 2011 through 2014. Page 5 City of Shakopee, Minnesota February 26, 2004 ~ . Vierling DrivelCR 15 East project: 50% of the assessments will be deferred under the Minnesota Green Acres law. For structuring purposes we were instructed to assume the deferred assessments will be collected in the years 2010 through 2013. City staff expects 30%, or $150,000 of the principal amount of the assessments to be prepaid evenly in collection years 2006 through 2008. The remaining 20% of the original principal amount of the assessments are anticipated to be collected in even annual installments of principal over the full 10 year term of the assessments. . West Dean Lake project: City staff expects 40%, or $1,344,000 of the principal amount of the assessments to be prepaid evenly in collection years 2006 through 2009. The remaining 60% of the original principal amount of the assessments are anticipated to be collected in even annual installments of principal over the full 20 year term of the assessments. The Series 2004A Bonds have been structured around the anticipated assessment income receipts developed on pages 9 through 13 for a term of 20 years. Page 14 contains the following information: . Columns 1 through 4 show the annual principal, estimated interest rates and projected total principal and interest payments on the Series 2004A Bonds, given the current market environment. . Columns 5 shows the capitalized interest needed to pay the February 1, 2005 interest payment. . Column 6 shows the net debt service requirement. . Column 7 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments. . Column 8 shows the total projected assessment income developed on pages 9 through 13. . Column 9 shows the projected annual surplus of assessment income for the Series 2004A Bonds, which represents the difference between the projected assessment income and 105% of debt service. As long as the City receives prepayments of special assessments and collects the deferred Green Acres assessments as projected, the City will not be required to levy ad valorem taxes to pay debt service on the Series 2004A Bonds. Series 2004B Bonds The proceeds of the Series 2004B Bonds will be used to refund the February 1, 2006 through 2017 maturities of the City's General Obligation Building Bonds, Series 1997 A (the "Series 1997 A Bonds"), dated June 1, 1997. This refunding is being undertaken to allow the City to take advantage of lower interest rates and achieve interest cost savings. The issuance of the Series 2004B Bonds is being conducted as a crossover refunding, in which the proceeds of the Series 2004B Bonds (new issue) are placed in an escrow account with a major bank and invested in government securities. These securities and their earnings are structured to pay interest on the new Series 2004B Bonds until the first optional prepayment Page 6 City of Shakopee, Minnesota February 26, 2004 date (call date) of the Series 1997A Bonds (old issue), at which time the escrow account will crossover and prepay all of the remaining principal of the Series 1997 A Bonds. The City will continue to pay the originally scheduled debt service on the Series 1997 A Bonds through the call date of February 1, 2005. After the call date, the City will cross over and begin making debt service payments on the new Series 2004B Bonds, taking advantage of the lower interest rates. The proceeds of the Series 1997 A Bonds were used to finance the acquisition, construction and equipping of a new fire station. Based on current interest rate estimates, the refunding is projected to result in the City realizing cash flow savings that will average approximately $20,500 annually. This results in future value savings of approximately $249,000, with a net present value benefit to the City of approximately $202,600. These estimates are net of all costs of issuance associated with the Series 2004B Bonds. We have attached a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Series 2004B Bonds. These schedules include the following information about the Series 2004B Bonds: . Preliminary Feasibility Summary: indicates the sizing of the Series 2004B Bonds, savings data and bond data - page 15 . Prior Original Debt Service: shows the existing debt service requirements on the Series 1 997 A Bonds without a refunding - page 16 . Debt Service to Maturity and to Call: shows the Series 1997A Bonds' remaining debt service to maturity and to the call date, indicating the prepayment requirements of the Series 1997 A Bonds - page 17 . Debt Service Schedule: shows the new projected debt service on the Series 2004B Bonds, based on current estimated interest rates - page 18 . Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Series 2004B Bonds to the Series 1997 A Bonds - page 19 The success of a refunding transaction is dependent upon the interest rate market. We will continue to monitor this transaction between now and the time the Series 2004B Bonds are offered for sale. We appreciate again being of service to the City of Shakopee. Respectfully submitted, /~~ SPRINGSTED Incorporated kem Provided to Staff: Contract Amendment for Continuing Disclosure Page 7 $4,225,000 City of Shakopee, Minnesota General Obligation Improvement Bonds Series 2004A Sources & Uses Dated 05/01/2004 I Delivered 05/01/2004 SOURCES OF FUNDS Par Amount of Bonds................. ....... ....................................................................................................................... .......... $4,225,000.00 Prepaid Assessments... ............................... .......................................................................................-................ .............. 275,000.00 State Aid... ............................. ......................................................................................................................................... ... 275,000.00 Storm Fund............... .... .................... .......... ........................................................................... .................. .......................... 200,000.00 Water Fund............... .... ..... ..........................................................................................................................-.................... 9,000.00 TOT AL SOURCES............................................................................................................................................................ $4,984,000.00 USES OF FUNDS West Dean Lake Project... .................................. ..... .................................,................................... .... ...... .................... ....... 3.317.183.25 VierlinglCR 15 East... .......... ................. ........................ ..................................... ..........................; .., ...... ....... .................. ... 847,830.00 Valley View/Greenfield..................... ................... ................. ,......... ........... ......... ..................... ...... ........... ........... ............... 666,933.00 Deposit to Capitalized Interest (CIF) Fund......................................................................................................................... 89.332.50 Total Underwriter's Discount (0.800%).......".,.,.................,.. ............. .... ..................... ..... ....... .......,... .., ..... ............. .......... 33,800.00 Costs of Issuance........ ............................................................... .................................................................................. ..... 29.675.00 Rounding Amount....,......,..,.......... ... ..., ... .... ............. ...,.., ............, .,. ...... ..... .......... .........,. .............. ....... ..... ... ........ ...........-.. (753.75) TOT AL USES.................................................................................................................................................................... $4,984,000.00 smeszoo#' I ViorJin&S8kfx>17 I Z/Z6/Z004 I 8:94AM I~SPRING>"rnD I .iJm~rlI'l. :t.,.~$m'# Page 8 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2004A TOTAL PROJECTED ASSESSMENT INCOME DATE Valley View Vierling CR 15 West Dean Lake Vierling TOTAL Assessment East Assessments Assessments (Green Acres) Assessments (Green Acres) 12/31/2005 - 25,312.50 306,600.00 - 331,912.50 12/31/2006 . 71,760.00 596,500.80 - 668,260.80 12/31/2007 - 68,820.00 575,097.60 - 643,917.60 12/31/2008 - 65,880.00 553,694.40 . 619,574.40 12/31/2009 - 12,940.00 532,291.20 . 545,231.20 12/3112010 - 12,450.00 174.888.00 95,745.78 283,083.78 12/31/2011 109,718.70 11,960.00 169,948.80 91,823.08 383,450.58 12/31/2012 105,223.54 11,470.00 165,009.60 87,900.40 369,603.54 12/31/2013 100,728.38 10,980.00 160,070.40 83,977.70 355,756.48 12/31/2014 96,234.22 10,490.00 155,131.20 - 261,855.42 12/31/2015 - - 150.192.00 - 150,192.00 12/31/2016 - - 145,252.80 - 145,252.80 12/31/2017 - - 140,313.60 - 140,313.60 12/31/2018 . - 135,374.40 - 135,374.40 12/31/2019 - . 130,435.20 - 130,435.20 12/31/2020 - - 125,496.00 - 125,496.00 12/31/2021 - - 120,556.80 - 120,556.80 12/31/2022 - - 115,617.60 - 115,617.60 12/31/2023 - - 110,678.40 - 110,678.40 12/3112024 - - 105,739.20 - 105,739.20 T olal $411,904.84 $302,062.50 $4,668,888.00 $359,446.96 $5,742,302.30 Valley View Assessments (Green Acres) 366,953.00 Vierling CR 15 East Assessments 250,000.00 West Dean Lake Assessments 3,360,000.00 Vierling CR 15 East (Green Acres) Assessments 320,220.00 TOTAL........................................................................................................................................................................................ 4,297,173.00 ~^' / 2/26/2004 / 8:38AM I$"RD<C~D I . _.~-- Page 9 $366,953 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2004A 2004A Assessments - Valley View ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2010 - - - - 12/3112011 91,738.00 4.900% 17,980.70 109,718.70 12/31/2012 91,738.00 4.900% 13,485.54 105,223.54 12/31/2013 91,738.00 4.900% 8,990.38 100,728.38 12/31/2014 91,739.00 4.900% 4,495.22 96,234.22 Total $366,953.00 - $44,951.84 $411,904.84 SIGNIFICANT DATES Filing Date............ ...... ..............., ........................ ...... ........... ........... ...... ... ... .... ........................................ ...............-. ....... ....... 12/31/2010 First Payment Date... .......... ..................... ....................... ..................................................................,.......,. ..... ...................... 12/31/2011 2004,( A.rsess1Mnh - VNk / sovaLE I'U1II'OSG I 2/2G/2{)()-I f 8:95.AM l:JsPRJNGSTlID I 1.~:>I*1\J..'1f<Sutt.~r Page 10 $250,000 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2004A 2004A Assessments - Vierling CR 15 East ASSESSMENT INCOME Date Principal Coupon Inte.rest Total P+I 12i31/2004 - - - - 12/31/2005 10,000.00 4.900% 15,312.50 25,312.50 12/31/2006 60,000.00 4.900% 11,760.00 71,760.06 12/31/2007 60,000.00 4.900% 8,820.00 68,820.00 12/31/2008 60,000.00 4.900% 5,880.00 65,880.00 12/31/2009 10,000.00 4.900% 2,940.00 12,940.00 12/31/2010 10,000.00 4.900% 2,450.00 12,450.00 12/31/2011 10,000.00 4.900% 1 ,960.00 11,960.00 12/31/2012 10,000.00 4.900% 1,470.00 11,470.00 12/31/2013 10,000.00 4.900"10 580.00 10,1360.00 12/31/2014 10,000.00 4.900% 490.00 10,490.00 Total $250,000.00 . $52,062.50 $302,062.50 SIGNIFICANT DATES Filing Date............ ..... ...... ......, .................................... .............' .... ....... ..... .... ............. ........ ...... .,. .............. ........... .................. 1 0101/2004 First Payment Date........... .... ...... ......... ..... ................ .......... ....... ................. .......... ...... ... ............. ............................... ............ 12/31/2005 ZOO4A.A&sesDnenu- Viorll SlNGLEI'lIIll'O$E 1 3/Z6/Z004 18:S5AM 1~~!!i~.21 Page 11 $3,360,000 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2004A 2004A Assessments - West Dean Lake ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2004 - - - - 12/31'2005 100,800.00 4.900% 205,800.00 306,600.00 12/31/2006 436,800.00 4.900% 159,700.80 596,500.80 12/31/2007 436,800.00 4.900% 138,297.60 575,097.60 12/31/2008 436,800.00 4.900% 116,894.40 553,694.40 12/31/2009 436,800.00 4.900% 95,491.20 532,291.20 12/311201 0 100,800.00 4.900% 74,088.00 174,888.00 12/31/2011 100,800.00 4.900% 69,148.80 169,948.80 12/31/2012 100,800.00 4.900% 64,209.60 165,009.60 12/31/2013 100,800.00 4.900% 59,270040 160,070040 12/31/2014 100,800.00 4.900% 54,331.20 155,131.20 12/31/2015 100,800.00 4.900% 49.392.00 150,192.00 12/31/2016 100,800.00 4.900% 44,452.80 145,252.80 12/31/2017 100,800.00 4.900% 39,513.60 140,313.60 12/31/2018 100,800.00 4.900% 34,574.40 135,374.40 12/31/2019 100,800.00 4.900% 29,635.20 130,435.20 12/31 '2020 100,800.00 4.900% 24,696.00 125,496.00 12/31/2021 100,800.00 4.900% 19,756.80 120,556.80 12/31/2022 100,800.00 4.900% 14,817.60 115,617.60 12/31/2023 100,800.00 4.900% 9,878.40 110,678.40 12/31/2024 100,800.00 4.900% 4,939.20 105,739.20 Total $3,360,000.00 . $1,308,888.00 $4,668,888.00 SIGNIFICANT DATES Filing Date.... ........ ... .........,............ .................................. ............................................................................ ....................... 10/01/2004 First Payment Date............. ... ................................................................................................................-............................ 12/31/2005 Z004A Assessments - W....j 1 SlNGJ.EPUllPOSE / Z/26/2004 / 8:9$ AM I~SPRD<~D I . _.~-- Page 12 $320,220 City of Shakopee, Minnesota General Obligation Improvement Bonds, Series 2004A 2004A Assessments - Vierling (Green Acres SA) ASSESSMENT INCOME Date Principal Coupon Interest Total P+l 12131/2009 ' . - . . 12131/2010 80,055.00 4.900% 15,690.78 95,745.78 12131/2011 80,055.00 4.900"10 11 ,768.08 91,823.08 12131/2012 80,055.00 4.900% 7,845.40 87,900.40 12131/2013 80,055.00 4.900% 3,922.70 . 83,977.70 T otaJ $320,220.00 . $39,226.96 $359,446.96 SIGNIFICANT DATES Filing Date............ ... .......................................;......;....................... .................................................................... .;....,............. 12131/2009 First Payment Date... ............................................................................ ........................:...........,......... ............................. ...... 12131/2010 2004A As.s=men/s - Vi",,] I SOVGLE I'UllFafE I 2/26/2004 I 8:35AM I$SPRmGSTED I . _.~-- Page 13 $4,225,000 City of Shakopee, Minnesota General Obligation Improvement Bonds Series 2004A NET DEBT SERVICE SCHEDULE Date Principal coupon Interest Total P+I CIF Net New CIS 105% of 10tal Revenue Annual Surplus 11\ 12\ 13\ 14\ 151 (6\ m (8\ (9\ 02101/2005 - - 89.332.50 89,332.50 (89,332.50) - . . . 02101/2006 185,000.00 1.300% 119,110.00 304,110.00 - 304,110.00 319,315.50 331,912.50 12,597.00 02101/2007 510,000.00 1.600% 116,705.00 626,705.00 626,705.00 658,040.25 668,260.80 10,220.55 0210112008 495,000.00 2.000% 108.545.00 603,545,.00 603,545.00 633,722.25 643,917.60 10,195.35 02101/2009 480,000.00 2.300% 98,645.00 578,645.00 . 578,645.00 607,577.25 619,574.40 11,997.15 02/01/2010 420,000.00 2.600% 87,605.00 507,605.00 507,605.00 532,985.25 545,231.20 12,245.95 02101/2011 185,000.00 2.750% 76,685.00 261,685.00 . 261,685.00 274,769.25 283,083.78 8,314.53 02/0112012 285,000.00 3.000% 71,597.50 356,597.50 356,597.50 374,427.38 383,450.58 9,023.21 02/01/2013 280,000.00 3.250% 63,047.50 343,047.50 343,047.50 360,199.88 369,603.54 9,403.67 02101/2014 275.000.00 3.400% 53.947.50 328,947.50 - 328.947.50 345.394.88 355.756.48 10.361.61 02101/2015 195,000.00 3.500% 44,597.50 239,597.50 239,597.50 251,577.38 261,855.42 10,278.05 02/01/2016 95,000.00 3.700% 37,772,50 132,772.50 . 132,772.50 139,411.13 150,192.00 10,780.88 02/01/2017 95,000.00 3.800% 34,257.50 129,257.50 129,257.50 135,720.38 145,252.80 9,532.43 02101/2018 95,000.00 4.000% 30,647.50 125,647.50 . 125,647.50 131,929.88 140,313.60 8,383.73 02101/2019 95,000.00 4.100% 26,847.50 121,847.50 - 121,847.50 127,939.88 135,374.40 7,434.53 0210112020 90,000.00 4.150% 22,952.50 112,952.50 112,952.50 118,600.13 130,435.20 11,835.08 02/01/2021 90,000.00 4.200% 19,217.50 109,217.50 . 109,217.50 114,678.38 125,496.00 10,817.63 02/01/2022 90,000.00 4.250% 15,437.50 105,437.50 . 105,437.50 110,709.38 120,556.80 9,847.43 02/01/2023 90,000.00 4.300% 11,612.50 101,612.50 . 101,612.50 106,693.13 115,617.60 8,924.48 02/0112024 90,000.00 4.400% 7,742.50 97,742.50 . 97.742.50 102,629.63 110,678.40 8,048.78 02/0112025 85,000.00 4.450% 3,782.50 88,782.50 . 88,782.50 93,221.63 105,739.20 12,517.58 Total $4,225,000.00 . $1,140,087.50 $5,365,087.50 (89,332.50) $5,275,755.00 $5,539,542.75 $5,742,302.30 $202,759.55 SIGNIFICANT DATES Oaled................................................................................................................................................................................................... 5/0112004 Delivery Dale........................................................................................................................................................................................... 5/0112004 Flrsl Coupon Dale..........................................................................................................................................................,'............-............... 2/0112005 Yield Statistics Bond Year Dollars....................................................................................................................................................................................... $33,748.75 AverageUfe............................................................................................................................................................................................ 7.988 Years Average Coupon............................................................................ .............................................................................................................. 3.3781622% Net Interest Cost (NIC) ....................... ..... ........... ........ ......................... ................... ..................................... .................... ............................. 3.4783140% T rue Interest Cost (TIC) ....... .................... ..................................................................................................................................................... 3.4256099% Bond Yield for Arbitrage Purposes....................................................................................................................................................................... 3.3071678% All Inclusive Cost (AIC)................................................................... ...........-................-................................................................................ 3.5308053% IRS Form 8038 Netlnlerest CosL................................... ................................................................................................ ........................... ....................... 3.3781622"10 Weighled Average Maturity...................................................................:........................................................................................................... 7.988 Years SdrWZlXHA / Vier/i11sS.te to 11 / 2/26/20fH / /J;;J4AM ~snUNGSfEO I .~IlY'~tllC rlle;-':~ $O<r':~' Page 14 $2,280,000 City of Shakopee, Minnesota General Obligation Building Refunding BondS, Series 2004B Crossover Refunding of Series 1997 A Preliminary Feasibility Summary Dated 05101120041 Delivered 0510112004 SOURCES OF FUNDS Par Amount of Bonds.....................-.............................................................................................................. ........... .......... $2,280,000.00 TOT AL SOURCES.....................................................................................................................,...................................... $2,280,000.00 USES OF FUNDS Deposit to Crossover Escrow Fund.................................................................................................................................... 2,220,396.59 Costs of Issuance..............................................;............................................................................;... .......... ..................... 35,000.00 Total Underwriter's Discount (0.975%).........................................................................-...........................................-....... 22,230.00 Rounding Amount................................................_................................................;...-...................................... .................. 2,373.41 TOT AL USES.................................................................................................................................................................... $2,280,000.00 ISSUES REFUNDED AND CALL INFORMATION Prior Issue Call Price....-.................................................................................................................. .................................. 100.000% Prior Issue Call Dale..... .................................................................................................. ................................................... 2/01/2005 SAVINGS INFORMATION Net Future Value Benefit.................................................................................................................................................. $249,002.17 Net Present Value Benefit.................................................................................................................................................. $202,560.67 Net PV Benefit 1$2,432,624.36 PV Refunded Debt Service..-........................................................................................... 8.327% BOND STATISTICS AverageUfe....~.................................................................................................................................................................. 7.618 Years Average Coupon................................................................................................................................................................ 3.1965314% Net Interest Cost (NIC)...................................................................................................................................................... 3.3245107% True Interest Cost (TIC)..............................................................................................................................-...................... 3.3161096"':' I The estima/l:d savings resaIfs of the refandirtg IU'e subject to market condiHo118. I SedelZOtHbI'S'fA I SJNGUl'URPOSE I V,U/ZOQI I 'f:SSAM ~SPRINGSTED ~..,,"lM1WhtS<<t<< Page 15 $3,140,000 City of Shakopee, Minnesota General Obligation Building Bonds Series 1997 A Prior Original Debt Service Date Principal Coupon Interest Total P+I 08101/2004 - - 61,293.75 61,293.75 02101/2005 130,000.00 4.900"10 61,293.75 191,293.75 08101/2005 - - 58,108.75 58,108.75 02101/2006 135,000.00 5.000% 58,108.75 193,108.75 08101/2006 . - 54,733.75 54,733.75 02101/2007 140,000.00 5.000% 54,733.75 194,733.75 08101/2007 . . 51,233.75 51,233.75 02101/2008 145,000.00 5.100% 51,233.75 196,233.75 08101/2008 - . 47.536.25 47,536.25 02101/2009 155,000.00 5.200% 47,538.25 202,538.25 08101/2009 - - 43,506.25 43,506.25 02101/2010 165,000.00 5.250"10 43,506.25 208,506.25 0810112010 - - 39,175.00 39,175.00 02101/2011 175,000.00 5.250"/0 39,175.00 214,175.00 08101/2011 . . 34,581.25 34,581.25 02101/2012 185,000.00 5.250% 34,581.25 219,581.25 0810112012 - - 29,725.00 29,725.00 02101/2013 195,000.00 5.375% 29,725.00 224,725.00 08101/2013 - - 24,484.38 24,484.38 02101/2014 205,000.00 5.375% 24,484.38 229,484.38 08101/2014 . - 18,975.00 18,975.00 0210112015 220,000.00 5.500% 18,975.00 . 238,975.00 08101/2015 . - 12,925.00 12,925.00 02101/2016 230,000.00 5.500% 12,925.00 242,925.00 08101/2016 - - 6,600.00 6,600.00 02101/2017 240,000.00 5.500% 6,600.00 246,600~00 T ota! $2,320,000.00 - $965,756.26 $3,285,756.26 YIeld Statistics Average Ufe.._.................................................................................................................................................................... 7.498 Years Weighted Average Maturity {Par Basis)....... .... .n............. ..................n... ............................................................................ 7.498 Years Average Coupon.............................. ......... ............ ...................................................n......... ................................................ 5.3757366% Refunding Bond information Refunding Dated Date............................................................................................................................................-........... 5/0112004 Refunding Delivery Date..................................................................................................................................................... 5/01/2004 1111t: estimated ssvirtgs resalfs 01 the mttmding are subjecllo market conditio11S. , I SoriNI99?A I SINGl&IVRl'OSE I z/ZUZOOI / ?:35AM $SPRINGSnm Alb~ ~ u..PatI6r S6br Page 16 $3,140,000 City of Shakopee, Minnesota General Obligation Building Bonds Series 1997 A Debt Service To Call And To Maturity Date Refunded Interest to D/S To Call Principal Coupon Interest Refunded D/S Bonds Can 08101/2004 - 58,108.75 58,108.75 - - 58,108.75 58,108.75 02101/2005 2,190,000.00 58,108.75 2,248,108.75 - 4.900% 58,108.75 58,108.75 08101/2005 - - - - - 58,108.75 58,108.75 02101/2006 - - - 135,000.00 5.000% 58,108.75 193,108.75 08101/2006 - - - - " 54,733.75 54,733.75 02101/2007 - - - 140,000.00 5.000% 54,733.75 194,733.75 08101/2007 - - - - . 51,233.75 51,233.75 02101/2008 - - - 145,000.00 5.100% 51,233.75 196,233.75 08101/2008 - - - - - 47,536.25 47,536.25 02101/2009 . - . 155,000.00 5.200% 47,536.25 202,536.25 08101/2009 - - . . - 43,506.25 43,506.25 02101/2010 - - . 165,000.00 5.250% 43,506.25 208,506.25 08101/2010 - - - - . 39,175.00 39,175.00 02101/2011 - - . 175,000.00 5.250% 39,175.00 214,175.00 08101/2011 - - - - - 34,581.25 34,581.25 02101/2012 . - - 185,000.00 5.250% 34,581.25 219,581.25 08101/2012 - - . - - - 29,725.00 29,725.00 02101/2013 - - - 195,000.00 5.375% 29,725.00 224,725.00 08101/2013 - - - - - 24,484.38 24,484.38 02101/2014 . . - 205,000.00 5.375% 24,484.38 229,484.38 08101/2014 - - - - - 18,975.00 18,975.00 02101/2015 - - - 220,000.00 5.500% 18,975.00 238,975.00 08101/2015 . . - . - 12,925.00 12,925.00 02101/2016 . - - 230,000.00 5.500% 12,925.00 242,925.00 08101/2016 - - - . - 6,600.00 6,600.00 02101/2017 . - - 240,000.00 5.500% 6,600.00 246,600.00 Total $2,190,000.00 $116,217.50 $2,306,217.50 $2,190,000.00 . $959,386.26 $3,149,386.26 Yield Statistics Average Life........................................................................................................................................................................ 7.898 Years Weighted Average Maturity (Par Basis)........ ....................................................................-................................................. 7.898 Years Average Coupon................................................................................. ...... .................. ........................................................ 5.3784182% Refunding Bond Information Refunding Dated Date......, .... .......... ....... ......... ..... ... ................................... ....... ........... ........ .............. ................................ 5/01/2004 Refunding Delivery Date.... ................... ............ ... ..................................... ..................... ....... .............................................. 5/01/2004 Ime estimafed saYings rasalls of the refunding 8l'B subject to market conditio]/$. I SeiUl9fJ7A I IIlNClEFCI1Il'CI6E I Z/Z4/Z00# I 7:35AM ~SPRlNGSTF.D .iit.......~Sw<< Page 17 $2,280,000 City of Shakopee, Minnesota General Obligation Building Refunding Bonds. Series 2004B Crossover Refunding of Series 1997 A Debt Service Schedule Date Prinoipal Coupon Interest T otel P+I 0210112005 - - 48,697.50 48,697.50 0210112006 165,000.00 1.300% 64,930.00 229,930.00 0210112007 165,000.00 1.600% 62,785.00 227,785.00 0210112008 165,000.00 2.000% 60,145.00 225,145.00 0210112009 175,000.00 2.300% 56,845.00 231 ,845.00 0210112010 180,000.00 2.600% 52,820.00 232,820.00 02/0112011 185,000.00 2.750% 48,140.00 233,140.00 02/0112012 190,000.00 3.000% 43,052.50 233,052.50 0210112013 195,000.00 3.250% 37,352.50 232,352.50 0210112014 200,000.00 3.400% 31,015.00 231,015.00 0210112015 215,000.00 3.500'Yo 24,215.00 239,215.00 0210112016 220,000.00 3.700% 16,690.00 236,690.00 0210112017 225,000.00 3.800% 8,550.00 233,550.00 T ota! $2,280,000.00 . $555,237.50 $2,835,237.50 Yield Statistics Bond Year Dollars...................................................................... ........................................................................................ $17,370.00 Average Life........... ............................................................................................................................................................ 7.618 Years Average COupon........~.................................................................................................................................................:....... 3.1965314% . Net Interest Cost (NIC)................... ..................................................................................................... ............................... 3.3245107% True Interest Cost (TIC)............................................................................................................ ......................................... 3.3161096% Bond Yield for Arbitrage Purposes............................................................................................. .......................... ............... 3.1681135% All Inclusive Cost (AI C)............................................................................... .................................................. ....................... 3.5531583% IRS Form 8038 Net Interest COSt........................................................ ................... ....................................... .............................................. 3.1965314% Weighted Average Maturity........................................................................ ..................... ... .................................................. 7.618 Years I The estimated savings results of the rdunding are subject to mar*et conditions. I _ZlXJ4Jle1'97A I $/NGLEP1.fJIKJSE I Z/U/ZOO4 / 7:35AM $Sl.RINGSl'ED .44f'b:n'a or rJ..t .0000I $,a<< Page 18 $2,280,000 City of Shakopee, Minnesota General Obligation Building Refunding Bonds, Series 20048 Crossover Refunding of Series 1997 A Debt Service Comparison Date Total P+I Escrow ExIsting DIS Net New DIS Old Net DIS Savings 0210112005 48,697.50 (2,238,697.50) 2,442,587.50 252,587.50 252,587.50 - 02101/2006 229,930.00 - . 229,930.00 251,217.50 21,287.50 0210112007 227,785.00 . - 227,785.00 249,467.50 21,682.50 02101 {2oo8 225,145.00 . . 225,145.00 247,467.50 22,322.50 02/01/2009 231,845.00 - . 231,845.00 250,072.50 18,227.50 02/01/2010 232,820.00 . - 232,820.00 252,012.50 19,192.50 02l01{2011 233,140.00 . . 233,140.00 253,350.00 20,210.00 02l01{2012 233,052.50 - . 233,052.50 254,162.50 21,110.00 02101/2013 232,352.50 - - 232,352.50 254,450.00 22,097.50 0210112014 231,015.00 - - 231,015.00 253,968.76 22,953.16 02101/2015 239,215.00 - . 239,215.00 257,950.00 18,735.00 02101/2016 236,690.00 - . 236,690.00 255,850.00 19,160.00 0210112017 233,550.00 - - 233,550.00 253,200.00 19,650.00 T alai $2,835,237.50 (2,238,697.50) $2,442,587.50 $3,039,127.50 $3,285,756.26 $246,628.76 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.......................................................................................................................... .......................... 246,628.76 Gross PV Debt Service Savings..........................................................................................................:............. ................... 200,187.26 Net PV Cashflow Savings @ 3.168%(Bond Yield).................................................................................................:............ 200,187.26 Contingency or Rounding Amounl.........................................................,............................................................................ 2,373.41 Net Future Value Benefit...................................................................................................................................................... $249,002.17 Net Present Value Benefil................................................................................................................................................... $202,560.67 Net PV Benefit 1 $714,153.41 PV Refunded Interesl.......................................................................................................... 28.364% Net PV Benefit 1 $2,432,624.36 PV Refunded Debt Service..................;................................................................:............ 8.327% Net PV Benefit 1 $2,190,000 Refunded Principal................................................................................................................ 9.249% Net PV Benefit 1 $2,280,000 Refunding Principal................................................................................................................ 8.884% Refunding Bond Information Refunding Dated Date........ .................... ............... ............ ........................................................................ ........................... 510112004 Refunding Delivery Date..................................................... ..................................................................... ............................ 5101/2004 I The estimated Sllvings results of the rdundirlg IIn: subject to m81.fet COl/ditions. I _ ZlXJ4Jle1'97A 1 SiNGLEP1.fJIKJSE 1 Z/U/ZlXJ4 1 7:S5AM ~SPRINGSTED ~tfd,.AiWJts..'C'HI' Page 19 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS: TERMS OF PROPOSAL $4,225,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, April 6, 2004, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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 Bidding. 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 Biddina. Notice is hereby given that electronic proposals will be received via PARITy<'!'. 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-ry@. 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 PARITY@ 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 PARITY@ 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 PARITY@ SOI~ as a communication mechanism to conduct the electronic bidding for the Bonds, and PARIT is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY@, this Terms of Proposal shall control. Further information about PARITY@, including any fee charged, may be obtained from: PARITY@, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer Support, (212) 404-8102. Page 20 DETAILS OF THE BONDS The Bonds will be dated May 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2005. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $185,000 2011 $185,000 2016 $95,000 2021 $90,000 2007 $510,000 2012 $285,000 2017 $95.000 2022 $90,000 2008 $495,000 2013 $280,000 2018 $95,000 2023 $90,000 2009 $480,000 2014 $275,000 2019 $95,000 2024 $90.000 2010 $420,000 2015 $195,000 2020 $90,000 2025 $85,000 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 and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. 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 (nDTcn), 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 DTC and its participants. Principal and interest are payable by the registrar to DTC 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 that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be a price of par plus accrued interest. Page 21 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 property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,191,200 and 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 $42,250, 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 and no interest will accrue to the purchaser, will be deposited by the City. 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 must be in level or ascending order. 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. Page 22 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. 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, 85 East Seventh Place, Suite 100, 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 170 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 March 1, 2004 BY ORDER OF THE CITY COUNCIL Isl Judith Cox City Clerk Page 23 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,280,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 20048 (BOOK ENTRY ONL Y) Proposals for the Bonds will be received on Tuesday, April 6, 2004, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, 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 Bidding. 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 Bidding. Notice is hereby given that electronic proposals will be received via PARIT~. 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 PARITY@. Each bidder shall be solely responsible for making necessary arrangements to access PAR/~ 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 PARITY@ 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 PARITY@ 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 PARITY@ so~ as a communication mechanism to conduct the electronic bidding for the Bonds, and PARIT is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARI"fYD, this Terms of Proposal shall control. Further information about PARITY@, including any fee charged, may be obtained from: PARITY@, 40 West 23rd Street, 5th Floor, New York City, New York 10010, Customer Support, (212) 404-8102. Page 24 DETAILS OF THE BONDS The Bonds will be dated May 1, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2005. Interest will be computed on the basis of a 360~day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $165,000 2009 $175,000 2012 $190,000 2015 $215,000 2007 $165,000 2010 $180,000 2013 $195,000 2016 $220,000 2008 $165,000 2011 $185,000 2014 $200,000 2017 $225,000 * 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 wilt 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 and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. 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 OTC 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 that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. OTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Page 25 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. The proceeds will be used to refund the February 1, 2006 through February 1, 2017 maturities of the City's General Obligation Building Bonds, Series 1997 A, dated June 1, 1997. TYPE OF PROPOSALS Proposals shall be for not less than $2,257,770 and 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 $22,800, 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 and no interest will accrue to the purchaser, will be deposited by the City. 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 must be in level or ascending order. 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. Page 26 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. 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, 85 East Seventh Place, Suite 100, 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 90 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 March 1, 2004 BY ORDER OF THE CITY COUNCIL Isl Judith Cox City Clerk Page 27