HomeMy WebLinkAbout5.F.6. Setting Improvement Bond Sales-Res. No. 7020 Fi
CONSENT
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Setting Improvement Bond Sale Res. No. 7017
DATE: June 29, 2010
Introduction
Council action is needed for setting the sale of improvement bonds for the 2009 Recon, Overlay and
2010 Recon projects.
Background
Attached is a resolution prepared by bond counsel that sets the sale of improvement bonds. This is a
routine event. The bonds to be sold are in the amount of $1,555,000. The financed projects are 2009
Recon, Overlay and 2010 Recon projects. The 2010 Overlay is not included due to using cash from the
state fund for the city share instead of bonding.
The bond sale schedule is set to adopt this resolution on July 6th, sell the bonds on July 20th with
settlement in about 30 days.
Action
Offer Resolution No. 7020 A Resolution Providing For The Issuance and Sale of $1,555,000 General
Obligation Improvement Bonds, Series 2010A, and move its adoption.
regg Voxland
Finance Director
h \finance \cash \bonds\
RESOLUTION NO. 10 2
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES
2010A, TO BE ISSUED IN THE PROPOSED AGGREGATE
PRINCIPAL AMOUNT OF $1,555,000
BE IT RESOLVED By the City Council of the City of Shakopee, Minnesota (the "City "), as
follows:
Section 1. Background. It is hereby determined that:
(a) Pursuant to Minnesota Statutes, Section 429.091, the City is authorized to issue
obligations in an amount deemed necessary to defray in whole or in part the expense incurred and
estimated to be incurred in making improvements authorized by Minnesota Statutes, Chapters
429 and 475, as amended (collectively, the "Act ").
(b) The following assessable public improvements, including the 2009
Reconstruction, 2009 Overlay, Church Addition, and 2010 Reconstruction (collectively,
the "Improvements "), have been made, duly ordered or contracts let for the construction thereof
by the City pursuant to the provisions of the Act.
(c) It is necessary and expedient to the sound financial management of the affairs of
the City to issue its General Obligation Improvement Bonds, Series 2010A (the "Bonds "), in the
proposed aggregate principal amount of $1,555,000, to provide financing for the Improvements.
(d) It is estimated that the proceeds of the Bonds will be expended as follows:
Project Designation & Description: Total Project Cost
Deposit to Project Construction Fund $1,497,418.42
Costs of Issuance 40,750.00
Underwriter's Compensation - 15,550.00
Rounding Amount 1,281.58
Total $1,555,000.00
(e) The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(9),
to negotiate the sale of the Bonds, it being determined that the City has retained an independent
financial advisor in connection with such sale. The actions of the City staff and financial advisors
in negotiating the sale of the Bonds are ratified and confirmed in all aspects.
Section 2. Bonds Authorized. In order to provide financing for the Improvements, the City
will therefore issue and sell Bonds in the proposed aggregate principal amount of $1,555,000. The Bonds
will be issued, sold and delivered in accordance with the Terms of Proposal attached hereto as EXHIBIT
A (the "Terms of Proposal ").
Section 3. Authorization of Financial Advisor. Springsted Incorporated is authorized and
directed to negotiate the sale of the Bonds in accordance with the Terms of Proposal. The City Council
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will meet at 7:00 P.M. on Tuesday, July 20, 2010, to consider proposals on the Bonds and take any other
appropriate action with respect to the Bonds.
Section 4. Authorization of Bond Counsel. The law firm of Kennedy & Graven, Chartered,
as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and
review of necessary documents, certificates, and instruments relating to the Bonds. The officers,
employees, and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered, in the
preparation of such documents, certificates, and instruments.
(The remainder of this page is intentionally left blank.)
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EXHIBIT A
TERMS OF PROPOSAL
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,555,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A
(BOOK ENTRY ONLY)
Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Tuesday,
July 20, 2010, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated,
380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals 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
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 PARITY 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 solely as a communication mechanism to
conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City.
Preliminary; subject to change.
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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 1359 Broadway, 2 "d Floor, New York, New York 10018
Customer Support: (212) 849 -5000
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2010, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2011. 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:
2011 $ 30,000 2014 $185,000 2017 $135,000 2020 $145,000
2012 $190,000 2015 $190,000 2018 $135,000 2021 $ 90,000
2013 $185,000 2016 $135,000 2019 $135,000
* The City reserves the right, after proposals are opened and prior to award, to increase or reduce the
principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or
reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal
amount of the Bonds is increased or reduced, any premium offered or any discount taken by the
successful bidder will be increased or reduced by a percentage equal to the percentage by which the
principal amount of the Bonds is increased or reduced.
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at
a price of par plus accrued interest to the date of redemption and must conform to the maturity
schedule set forth above. In order to designate term bonds, the proposal must specify "Years of
Term Maturities" in the spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of 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 which 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, 2018, and on any day thereafter, to prepay Bonds due on or
after February 1, 2019. Redemption may be in whole or in part and if in part at the option of the
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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. In addition, the City will pledge special
assessments against benefited properties. The proceeds will be used to finance infrastructure
improvement projects in various areas of the City.
BIDDING PARAMETERS
Proposals shall be for not less than $1,539,450 and accrued interest on the total principal
amount of the Bonds.
No proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates shall be in integral multiples
of 5/100 or 1/8 of 1 %. Rates are not required to be in level or ascending order; however, the
rate for any maturity cannot be more than 1% lower than the highest rate of any of the
preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the
Bonds to the date of maturity. No conditional proposals will be accepted.
GOOD FAITH DEPOSIT
Proposals, regardless of method of submission, shall be accompanied by a Deposit in the
amount of $15,550, in the form of a certified or cashier's check, a wire transfer, or Financial
Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be
opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether
by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated
have any liability for delays in the transmission of the Deposit.
Any Deposit made by certified or cashier's check should be made payable to the City and
delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota
55101.
Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's
agent according to the following instructions:
Wells Fargo Bank, N.A., San Francisco, CA 94104
ABA #121000248
For credit to Springsted Incorporated, Account #635- 5007954
Contemporaneously with such wire transfer, the bidder shall send an e-mail to
bond services @springsted.com, including the following information; (i) indication that a wire
transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies,
and (iv) the return wire instructions if such bidder is not awarded the Bonds.
Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City
following the award of the Bonds. Any Deposit made by check or wire transfer by an
unsuccessful bidder will be returned to such bidder following City action relative to an award of
the Bonds.
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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 pre- approved 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 underwriter is required to submit its Deposit to the City in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time on the next business day following the award. If such Deposit is not received by that time,
the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The Deposit received from the purchaser, the amount of which will be deducted at settlement,
will be deposited by the City and no interest will accrue to the purchaser. In the event the
purchaser fails to comply with the accepted proposal, said amount will be retained by the City.
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.
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SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser through DTC in New York, New York. Delivery will be subject to receipt by the
purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis,
Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of
settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be
received at the offices of the City or its designee not later than 12:00 Noon, Central Time.
Unless compliance with the terms of payment for the Bonds has been made impossible by
action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by
the City by reason of the purchaser's non - compliance with said terms for payment.
CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior
to delivery of the Bonds.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent information
relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement
within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of
the Official Statement or for any additional information prior to sale, any prospective purchaser
is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street,
Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 60 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated July 6, 2010 BY ORDER OF THE CITY COUNCIL
/s/ Judy Cox
City Clerk
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Recommendations
For
City of Shakopee, Minnesota
$1,555,000*
General Obligation Improvement Bonds, Series 2010A
*Preliminary; subject to change.
Presented to:
Honorable John J. Schmitt, Mayor
Members, City Council
Mr. Mark McNeill, City Administrator
Mr. Gregg Voxland, Finance Director
City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379 -1376
Study No.: 000750108
SPRINGSTED Incorporated
June 21, 2010 S p r i n g s t e d
RECOMMENDATIONS
Re: Recommendations for the Issuance of $1,555,000 General Obligation Improvement Bonds, Series 2010A
(the "Bonds" or "Issue ")
We respectfully request your consideration of our recommendations for the above -named Issue. Bond proceeds will
be used to finance infrastrusture improvement projects in various areas of the City.
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 offering.
2. Sale Date and Time Tuesday, July 20, 2010 at 10:00 A.M., with
consideration for award by the City Council at
7:00 P.M. that same day.
3. Method of Sale The Bonds will be sold using a competitive bidding
process. In the interest of obtaining as many bids as
possible, we have included a provision in the attached
Terms of Proposal for underwriters to submit their bid
electronically through the electronic bidding platform of
PARITY®. In addition, physical bids (by phone or fax)
will be accepted at the offices of Springsted.
A good faith deposit will be required of bidders and
may be submitted by (i) certified /cashier's check, (ii) a
financial surety bond or (iii) a wire transfer to
Springsted as your agent.
4. Authority for the Bond Issue The Bonds are being issued pursuant to Minnesota
Statutes, Chapters 475 and 429.
5. Principal Amount of Offering $1,555,000*
*Included in the Terms of Proposal for the Bonds is a
provision that permits the City to increase or reduce
the principal amount of the Bonds in any of the
maturities. This allows for any necessary adjustments
required based on final interest rates and issuance
costs.
6. Repayment Term The Bonds will mature annually February 1, 2011
through 2021. Interest will be payable semi - annually
each February 1 and August 1, commencing
February 1, 2011.
*Preliminary; subject to change.
City of Shakopee, Minnesota
June 21, 2010
7. Security, Source of Payment and Payment Cycle
(a) Security The Bonds will be general obligations of the City,
secured by its full faith and credit and taxing power. In
addition, the City will pledge special assessments from
benefited properties to the repayment of the Bonds.
(b) Source of Payment The Bonds will be repaid with a combination of special
assessments and ad valorem property taxes.
(c) Payment Cycle Assessment income collected in 2010 will be used to
make the principal and interest payment due
February 1, 2011.
The City will make its first levy for the Bonds in 2010
for collection in 2011.
Each year's first -half collection of assessments and
taxes will be used to pay the interest payment due
August 1 in the year of collection. Second -half
collections of assessments and taxes plus surplus
first -half collections will be used to pay the February 1
principal and interest payment due in the following
year.
8. Prepayment Provisions The City may elect on February 1, 2018, and on any
date thereafter, to prepay the Bonds due on or after
February 1, 2019, at a price of par plus accrued
interest.
9. Credit Rating Comments An application will be made to Moody's Investors
Service for a rating on the Bonds. The City's general
obligation debt is currently rated "Aa2" by Moody's.
10. Term Bonds We have included a provision that permits the
underwriters to combine multiple maturity years into a
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.
This in tum is a benefit to the City since selling 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
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City of Shakopee, Minnesota
June 21, 2010
competitive bid basis and awarded on the lowest true
interest cost, the City will award the Bonds to the best
bid regardless of whether term bonds are chosen or
not.
11. Federal Treasury Regulations Conceming 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 $30 million of tax
exempt bonds in a calendar year. Issues that are
bank qualified generally receive slightly lower interest
rates than issues that are not bank qualified. Since
the City expects to issue Tess than $30 million of tax
exempt obligations in 2010, this Issue is designated
as bank qualified.
The American Recovery and Reinvestment Tax Act
of 2009 increased the previous bank qualification limit
of $10 million to $30 million for tax- exempt bonds
issued in 2009 and 2010.
(b) Arbitrage Compliance All tax - exempt issues are subject to the federal
arbitrage and rebate requirements, which require all
excess eamings 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 in regards
to the Bonds.
(1) Rebate Bond proceeds, defined generally as both the original
principal of the issue and the investment eamings on
the principal, have 6,18 and 24 month spend down
exemption periods. If all of the proceeds are
expended during one of those exemption periods, the
issuer is exempt from rebate and may retain the
excess eamings. The financing is expected to meet
the 18 -month spend down exemption, in which case
no rebate of construction fund interest eamings will be
required. The City should be aware that this test is an
"actual" test, not one of "reasonable expectations" and
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City of Shakopee, Minnesota
June 21, 2010
you will need to determine if the spend down was met
or if rebate may be required. In any event, Bond
proceeds, if any, not set aside for project expenditures
may still be subject to rebate.
(ii) Yield Restriction The City must maintain a bona fide debt service fund
for the Bonds or be subject to yield restriction. Yield
restriction requires restricting the investment retum in
the debt service fund to the yield on the Bonds. A
bona fide debt service fund is a fund for which there is
an equal matching of revenue to debt service
expense, with the fund spent down each year to a
carry over permitted equal to the greater of the
investment eamings in the fund during the prior year
or 1/12 the debt service of the prior year.
Additionally, all original proceeds of bonds and
interest eamings on those proceeds must be
expended within three years, or the remaining
proceeds will be subject to yield restriction.
With issues having special assessments pledged as a
source of repayment, such as the Bonds, additional
diligence should be exercised in monitoring the debt
service fund due to the potential accumulation of
assessment prepayments which could cause the fund
to become non -bona fide.
The City should monitor both the project fund and the
debt service fund of the Bonds to ensure yield
restriction provisions of the federal arbitrage rules are
met.
Springsted provides arbitrage compliance services for
the City under a separate contract. An amendment to
that contract adding the Bonds has been provided to
City staff.
(d) Economic Life The average life of the Bonds cannot exceed 120% of
the economic life of the projects to be financed. The
economic life of the improvements exceeds 20 years.
The average life of the Bonds is 5.381 years; therefore
the Issue is within the economic life requirements.
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City of Shakopee, Minnesota
June 21, 2010
(e) Federal Reimbursement Regulations Federal reimbursement regulations require 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 Bonds.
12. Continuing Disclosure The Bonds are subject to continuing disclosure
requirements set forth by the Securities and Exchange
Commission. The SEC rules require the underwriter
of the Bonds to provide an annual update of certain
Official Statement information and report any material
events to bond holders. The purchaser therefore
requires the City to commit to providing such
information under a continuing disclosure agreement
or "undertaking." If the City does not enter into such
an agreement prior to the offering of the debt,
underwriters will not offer a bid to purchase the Issue.
Springsted currently provides continuing disclosure
services for the City under a separate contract. An
amendment to that contract adding this Issue has
been provided to City staff.
13. Attachments • Sources and Uses of Funds
• Assessment Income Schedules
• Debt Service Schedules
• Terms of Proposal
DISCUSSION
Proceeds of the Bonds will be used to finance four improvement projects within the City: (i) the 2009 Reconstruction
project, (ii) the 2009 Overlay project, (iii) the Church addition project, and (iv) the 2010 Reconstruction project. The
par amount of the Bonds has been reduced by various cash contributions totaling $2,005,124. A detailed sources
and uses for the Bonds is shown on page 8.
The Bonds will be repaid with a combination of special assessments levied against benefited properties and ad
valorem property taxes. Assessments for three of the projects were filed on or about October 17, 2009 and spread
over terms of five and ten years. The assessments for the 2010 Reconstruction project will be filed on or about
November 2, 2010 and will be spread over a term of ten years. The principal amount of the assessments will be
amortized with equal annual installments of principal. Based on historical collection of assessments, the City has
estimated a certain percentage of assessments will be prepaid. These prepayments have been used as a source of
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City of Shakopee, Minnesota
June 21, 2010
funding and are included in the cash contribution amount referenced above. Interest on the unpaid balance of the
assessments will be charged at a rate of 5.00% and 5.75 %, as detailed in the table below. Page 9 shows the
aggregate projected assessment income. Pages 10 through 13 show the assessment income schedules by project.
The table below shows the assessment assumptions:
2009 2009 Church 2010
Reconstructio Overlay Addition Reconstruction
n Project Project Project Project
_Principal Amount 240,095 103,310 165,890 338,000
% of Prepayments 37% 45% 70% 30%
Amount of Prepayments 89,091 46,475 117,110 78,000
Remain Assessments Collected Over Term 151,004 56,835 48,780 260,000
Rate on Assessments 5.00% 5.00% 5.75% 5.00%
Assessment Term 10 Years 5 Years 5 Years 10 Years
The City will be required to levy taxes to pay a portion of the debt service on the Bonds. The City will make its first
levy for the Bonds in 2010 for first collection in 2011. Assessment income collected in 2010 will be used to make the
principal and interest payment due February 1, 2011. Thereafter, each year's collection of special assessments and
taxes will be used to make the August 1 interest payment due in the collection year and the February 1 principal and
interest payment due in the following year.
The amortization schedule for the Bonds as a whole is shown on page 14. As directed by the City, debt service has
been structured around the projected annual assessment income to result in an even annual levy requirement over a
term of 10 years. Page 14 contains the following information:
• Columns 1 through 5 show the annual amounts of principal, estimated interest and total principal and
interest due on the Bonds.
• Column 6 shows the 5% overlevy required by State statute. The overlevy is a protection to the City and the
bondholders in the event of delinquencies in the collections of special assessments or taxes.
• Column 7 shows the projected assessment income developed on pages 9 through 13.
• Column 8 shows the projected annual levy requirement on the Bonds.
Based on projected assessment income, it is expected that the City will be required to levy ad valorem property
taxes for repayment of the Bonds averaging $121,000 annually for ten years, but with the levy larger in years one
through five and smaller in years six through ten. Debt service schedules by project are shown on pages 15
through 18.
Page 6
City of Shakopee, Minnesota
June 21, 2010
Springsted is pleased to again be of service to the City of Shakopee.
Respectfully submitted,
a Mr
SPRINGSTED ncorporated
Provided to Staff: Arbitrage Compliance and Continuing Disclosure Contract Amendments
•
Page 7
$1,555,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A - Issue Summary
Total Issue Sources And Uses
Dated 08/01/2010 1 Delivered 08/01/2010
2009 2009 2010 Issue
Reconstruction Overlay Church add Reconstruction Summary
Sources Of Funds
Par Amount of Bonds $465,000.00 $180,000.00 $50,000.00 $860,000.00 $1,555,000.00
Sewer Fund Contribution 154,782.00 - - 255,000.00 409,782.00
State Aid Contribution 163,694.00 187,694.00 - 49,400.00 400,788.00
Water Fund Contribution - - - 360,000.00 360,000.00
Assessment Prepayments 89,091.26 46,475.32 117,110.00 78,000.00 330,676.58
Storm Fund Contribution 99,340.00 - - 190,000.00 289,340.00
SPUC Contribution 214,537.00 - - - 214,537.00
Total Sources $1,186,444.26 $414,169.32 $167,110.00 $1,792,400.00 $3,560,123.58
Uses Of Funds
Deposit to Project Construction Fund 1,167,712.33 409,486.95 164,079.70 1 ,761,263.02 3,502,542.00
Costs of Issuance 12,185.67 4,717.05 1,310.30 22,536.98 40,750.00
Total Underwriter's Discount (1.000 %) 4,650.00 1,800.00 500.00 8,600.00 15,550.00
Rounding Amount 1,896.26 (1,834.68) 1,220.00 - 1,281.58
Total Uses $1,186,444.26 $414,169.32 $167,110.00 $1,792,400.00 0,560,123.58
Series 2010A / Issue Summery / 6/21/2010 / 10 :40 AM
Springsted Page8
$516,619
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A Assessments - Issue Summary
Aggregate Assessment Income
DATE Series 2010A Series 2010A Series 2010A Series 2010A TOTAL
Assessments 2009 Assessments Assessments Assessments 2010
Reconstruction 2009 Overlay Church add Reconstruction
12/31/2010 24,203.19 14,792.89 13,137.40 - 52,133.48
12/31/2011 21,896.16 13,640.40 11,999.88 41,130.56 88,667.00
12/31 /2012 21,141.10 13,072.06 11,438.92 37,700.00 83,352.08
12/31/2013 20,386.06 12,503.70 10,877.94 36,400.00 80,167.70
12/31/2014 19,630.00 11,935.36 10,316.98 35,100.00 76,982.34
12/31/2015 18,875.00 - - 33,800.00 52,675.00
12/31/2016 18,120.00 - - 32,500.00 50,620.00
12/31/2017 17,365.00 - - 31,200.00 48,565.00
12/31/2018 16,610.00 - - 29,900.00 46,510.00
12/31/2019 15,855.00 - - 28,600.00 44,455.00
12/31/2020 - - - 27,300.00 27,300.00
Total $194,081.51 $65,944.41 $57,771.12 $333,630.56 $651,427.60
Par Amounts Of Selected Issues
Series 2010A As -2009 Reconstru 151,004.00
Series 2010A As -2009 Overlay 56,835.00
Series 2010A As- Church add 48,780.00
Series 2010A As -2010 Reconstru 260,000.00
TOTAL 516,619.00
Aggregate / 6/21/2010 / 10:41 AM
Springsted
Page 9
$151,004
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A Assessments - 2009 Reconstruction
ASSESSMENT INCOME
Date Principal Coupon Interest Total P +I
12/31/2009 - - - -
12/31/2010 15,101.00 5.000% 9,102.19 24,203.19
12/31/2011 15,101.00 5.000% 6,795.16 21,896.16
12/31/2012 15,101.00 5.000% 6,040.10 21,141.10
12/31/2013 15,101.00 5.000% 5,285.06 20,386.06
12/31/2014 15,100.00 5.000% 4,530.00 19,630.00
12/31/2015 15,100.00 5.000% 3,775.00 18,875.00
12/31/2016 15,100.00 5.000% 3,020.00 18,120.00
12/31/2017 15,100.00 5.000% 2,265.00 17,365.00
12/31/2018 15,100.00 5.000% 1,510.00 16,610.00
12/31/2019 15,100.00 5.000% 755.00 15,855.00
Total $151,004.00 - $43,077.51 $194,081.51
SIGNIFICANT DATES
Filing Date 10/17/2009
First Payment Date 12/31/2010
Series 2010A Assessments / 2009 Reconstruction / 6/21/2010 / 10:41 AM
Springsted Page 10
$56,835
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A Assessments - 2009 Overlay
ASSESSMENT INCOME
Date Principal Coupon Interest Total P +I
12/31/2009 - - - -
12/31/2010 11,367.00 5.000% 3,425.89 14,792.89
12/31 /2011 11,367.00 5.000% 2,273.40 13,640.40
' 12/31/2012 11,367.00 5.000% 1,705.06 13,072.06
12/31/2013 11,367.00 5.000% 1,136.70 12,503.70
12/31 /2014 11,367.00 5.000% 568.36 11,935.36
Total $56,835.00 - $9,109.41 $65,944.41
SIGNIFICANT DATES
Filing Date 10/17/2009
First Payment Date 12/31/2010
Series 2010A Assessments / 2009 Overlay / 6/21/2010 / 10:41 AM
' Springsted Page 11
$48,780
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A Assessments - Church add
ASSESSMENT INCOME
Date Principal Coupon Interest Total P +I
12/31/2009 - - - -
12/31/2010 9,756.00 5.750% 3,381.40 13,137.40
12/31/2011 9,756.00 5.750% 2,243.88 11,999.88
12/31/2012 9,756.00 5.750% 1,682.92 11,438.92
12/31/2013 9,756.00 5.750% 1,121.94 10,877.94
12/31/2014 9,756.00 5.750% 560.98 10,316.98
Total $48,780.00 - $8,991.12 $57,771.12
SIGNIFICANT DATES
Filing Date 10/17/2009
First Payment Date 12/31/2010
S nes 2010A Assessments / Church add / 6/21/2010 / 10 :•41 AM
Springsted Page 12
$260,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A Assessments - 2010 Reconstruction
ASSESSMENT INCOME
Date Principal Coupon Interest Total P +I
12/31/2010 - - - -
12/31/2011 26,000.00 5.000% 15,130.56 41,130.56
12/31 /2012 26,000.00 5.000% 11,700.00 37,700.00
12/31/2013 26,000.00 5.000% 10,400.00 36,400.00
12/31/2014 26,000.00 5.000% 9,100.00 35,100.00
12/31/2015 26,000.00 5.000% 7,800.00 33,800.00
12/31/2016 26,000.00 5.000% 6,500.00 32,500.00
12/31/2017 26,000.00 5.000% 5,200.00 31,200.00
12/31/2018 26,000.00 5.000% 3,900.00 29,900.00
12/31/2019 26,000.00 5.000% 2,600.00 28,600.00
12/31/2020 26,000.00 5.000% 1,300.00 27,300.00
Total $260,000.00 - $73,630.56 $333,630.56
SIGNIFICANT DATES
Filing Date 11/02/2010
First Payment Date 12/31/2011
Series 2010A Assessments / 2010 Reconstruction / 6/21/2010 / 10:41 AM
Springsted Page 13
$1,555,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A - Issue Summary
NET DEBT SERVICE SCHEDULE
( ( (3) (4) (5) (6) (7) (8)
Date Principal Coupon Interest Total P +I Net New D/S 105% of Total Assessment Levy Required
02/01/2011 30,000.00 0.700% 16,750.00 46,750.00 46,750.00 49,087.50 52,133.48 (3,045.98)
02/01/2012 190,000.00 0.950% 33,290.00 223,290.00 223,290.00 234,454.50 88,667.00 145,787.50
02/01/2013 185,000.00 1.250% 31,485.00 216,485.00 216,485.00 227,309.25 83,352.08 143,957.17
02/01/2014 185,000.00 1.550% 29,172.50 214,172.50 214,172.50 224, 881.13 80,167.70 144, 713.43
02/01/2015 190,000.00 1.900% 26,305.00 216,305.00 216,305.00 227,120.25 76,982.34 150,137.91
02/01/2016 135,000.00 2.350% 22,695.00 157,695.00 157,695.00 165,579.75 52,675.00 112,904.75
02/01/2017 135,000.00 2.650% 19,522.50 154,522.50 154,522.50 162,248.63 50,620.00 111,628.63
02/01/2018 135,000.00 2.900% 15,945.00 150,945.00 150,945.00 158,492.25 48,565.00 109,927.25
02/01/2019 135,000.00 3.100% 12,030.00 147,030.00 147,030.00 154,381.50 46,510.00 107,871.50
02/01/2020 145,000.00 3.300% 7,845.00 152,845.00 152,845.00 160,487.25 44,455.00 116,032.25
02/01/2021 90,000.00 3.400% 3,060.00 93,060.00 93,060.00 97,713.00 27,300.00 70,413.00
Total $1,555,000.00 - $218,100.00 $1,773,100.00 $1,773,100.00 $1,861,755.00 $651,427.60 $1,210,327.40
Dated 8/01/2010
Delivery Date 8/01/2010
First Coupon Date 2/01/2011
Yield Statistics
Bond Year Dollars $8,367.50
Average Life 5.381 Years
Average Coupon 2.6065133%
Net Interest Cost (NIC) 2.7923514%
True Interest Cost (TIC) 2.7863550%
Bond Yield for Arbitrage Purposes 2.5827483%
All Inclusive Cost (AIC) 3.3341023%
IRS Form 8038
Net Interest Cost 2.6065133%
Weighted Average Maturity 5.381 Years
Series 2O1OA / issue Summery / 6/21/2010 / 10:40 AM
g Springsted Page 14
$465,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A - 2009 Reconstruction
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P +I Net New D/S 105% of Total Assessment Levy
Required
02/01/2011 10,000.00 0.700% 5,105.00 15,105.00 15,105.00 15,860.25 24,203.19 (8,342.94)
02/01/2012 50, 000.00 0.950% 10,140.00 60,140.00 60,140.00 63,147.00 21,896.16 41,250.84
02/01/2013 50,000.00 1.250% 9,665.00 59,665.00 59,665.00 62,648.25 21,141.10 41,507.15
02/01/2014 50,000.00 1.550% 9,040.00 59,040.00 59,040.00 61,992.00 20,386.06 41,605.94
02/01/2015 50,000.00 1.900% 8,265.00 58,265.00 58,265.00 61,178.25 19,630.00 41,548.25
02/01/2016 50,000.00 2.350% 7,315.00 57,315.00 57,315.00 60,180.75 18,875.00 41,305.75
02/01/2017 50,000.00 2.650% 6,140.00 56,140.00 56,140.00 58,947.00 18,120.00 40,827.00
02/01/2018 50,000.00 2.900% 4,815.00 54,815.00 54,815.00 57,555.75 17,365.00 40,190.75
02/01/2019 50,000.00 3.100% 3,365.00 53,365.00 53,365.00 56,033.25 16,610.00 39,423.25
02/01/2020 55,000.00 3.300% 1,815.00 56,815.00 56,815.00 59,655.75 15,855.00 43,800.75
Total $465,000.00 - $65,665.00 $530,665.00 $530,665.00 $557,198.25 $194,081.51 $363,116.74
Dated 8/01/2010
Delivery Date 8/01/2010
First Coupon Date 2/01/2011
Yield Statistics
Bond Year Dollars $2,527.50
Average Life 5.435 Years
Average Coupon 2.5980218%
Net Interest Cost (NIC) 2.7819980%
True Interest Cost (TIC) 2.7798917%
Bond Yield for Arbitrage Purposes 2.5827483%
All Inclusive Cost (AIC) 3.3213760%
IRS Form 8038
Net Interest Cost 2.5980218%
Weighted Average Maturity 5.435 Years
Series 2010A / 2009 Reconstruction / 6/21/2010 / 10:40 AM
Page 15
Springsted
$180,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A - 2009 Overlay
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P +I Net New D/S 105% of Total Assessment Levy
Required
02/01/2011 10,000.00 0.700% 1,236.25 11,236.25 11,236.25 11,798.06 14,792.89 (2,994.83)
02/01/2012 45,000.00 0.950% 2,402.50 47,402.50 47,402.50 49,772.63 13,640.40 36,132.23
02/01/2013 40,000.00 1.250% 1,975.00 41,975.00 41,975.00 44,073.75 13,072.06 31,001.69
02/01/2014 40,000.00 1.550% 1,475.00 41,475.00 41,475.00 43,548.75 12,503.70 31,045.05
02/01/2015 45,000.00 1.900% 855.00 45,855.00 45,855.00 48,147.75 11,935.36 36,212.39
Total $180,000.00 - $7,943.75 $187,943.75 $187,943.75 $197,340.94 $65,944.41 $131,396.53
Dated 8/01/2010
Delivery Date 8/01/2010
First Coupon Date 2/01/2011
Yield Statistics
Bond Year Dollars $515.00
Average Life 2.861 Years
Average Coupon 1.5424757%
Net Interest Cost (NIC) 1.8919903%
True Interest Cost (TIC) 1.9015249%
Bond Yield for Arbitrage Purposes 2.5827483%
All Inclusive Cost (AIC) 2.8744385%
IRS Form 8038
Net Interest Cost 1.5424757%
Weighted Average Maturity 2.861 Years
Series 2010A / 2009 Overlay / 6/21/2010 / 10:40 AM
Springsted Page 16
$50,000
City of Shakopee, Minnesota
General Obligation Improvement Bonds
Series 2010A - Church add
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P +I Net New D/S 105% of Assessment Levy
Total Required
02/01/2011 10,000.00 0.700% 317.50 10,317.50 10,317.50 10,833.38 13,137.40 (2,304.03)
02/01/2012 10,000.00 0.950% 565.00 10,565.00 10,565.00 11,093.25 11,999.88 (906.63)
02/01/2013 10,000.00 1.250% 470.00 10,470.00 10,470.00 10,993.50 11,438.92 (445.42)
02/01/2014 10, 000.00 1.550% 345.00 10,345.00 10,345.00 10, 862.25 10, 877.94 (15.69)
02/01/2015 10,000.00 1.900% 190.00 10,190.00 10,190.00 10,699.50 10,316.98 382.52
Total $50,000.00 - $1,887.50 $51,887.50 $51,887.50 $54,481.88 $57,771.12 (3,289.24)
Dated 8/01/2010
Delivery Date 8/01/2010
First Coupon Date 2/01 /2011
Yield Statistics
Bond Year Dollars $125.00
Average Life 2.500 Years
Average Coupon 1.5100000%
Net Interest Cost (NIC) 1.9100000%
True Interest Cost (TIC) 1.9206654%
Bond Yield for Arbitrage Purposes 2.5827483%
All Inclusive Cost (AIC) 3.0363269%
IRS Form 8038
Net Interest Cost 1.5100000%
Weighted Average Maturity 2.500 Years
Series 2010A / Chwrh add / 6/21/2010 / 10:40,4114
Springsted Pagel?
$860,000
City of Shakopee, Minnesota
General Obligation improvement Bonds
Series 2010A - 2010 Reconstruction
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P +I Net New D/S 105% of Total Assessment Levy
Required
02/01/2011 - - 10,091.25 10,091.25 10,091.25 10,595.81 - 10,595.81
02/01 /2012 85, 000.00 0.950% 20,182.50 105,182.50 105,182.50 110,441.63 41,130.56 69,311.07
02/01/2013 85,000.00 1.250% 19,375.00 104,375.00 104,375.00 109,593.75 37,700.00 71,893.75
02/01/2014 85,000.00 1.550% 18,312.50 103,312.50 103,312.50 108,478.13 36,400.00 72,078.13
02/01/2015 85,000.00 1.900% 16,995.00 101,995.00 101,995.00 107,094.75 35,100.00 71,994.75
02/01/2016 85,000.00 2.350% 15,380.00 100,380.00 100,380.00 105,399.00 33,800.00 71,599.00
02/01/2017 85,000.00 2.650% 13,382.50 98,382.50 98,382.50 103,301.63 32,500.00 70,801.63
02/01/2018 85,000.00 2.900% 11,130.00 96,130.00 96,130.00 100,936.50 31,200.00 69,736.50
02/01/2019 85,000.00 3.100% 8,665.00 93,665.00 93,665.00 98,348.25 29,900.00 68,448.25
02/01/2020 90,000.00 3.300% 6,030.00 96,030.00 96,030.00 100,831.50 28,600.00 72,231.50
02/01/2021 90,000.00 3.400% 3,060.00 93,060.00 93,060.00 97,713.00 27,300.00 70,413.00
Total $860,000.00 - $142,603.75 $1,002,603.75 $1,002,603.75 $1,052,733.94 $333,630.56 $719,103.38
Dated 8/01/2010
Delivery Date 8/01/2010
First Coupon Date 2/01/2011
Yield Statistics
Bond Year Dollars $5,200.00
Average Life • 6.047 Years
Average Coupon 2.7423798%
Net Interest Cost (NIC) 2.9077644%
True Interest Cost (TIC) 2.9032316%
Bond Yield for Arbitrage Purposes 2.5827483%
All Inclusive Cost (AIC) 3.3961150%
IRS Form 8038
Net Interest Cost 2.7423798%
Weighted Average Maturity 6.047 Years
Series 2010A / 2010 Reconstruction / 6/21/2010 / 10:40 AM
Springsted Page 18
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,555,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A
CITY OF SHAKOPEE, MINNESOTA
(BOOK ENTRY ONLY)
Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Tuesday,
July 20, 2010, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated,
380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals 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
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 PARITY 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 sole! y as a
communication mechanism to conduct the electronic bidding for the Bonds, and PARITY' 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 1359 Broadway, 2 Floor, New York, New York 10018
Customer Support: (212) 849 -5000
} Preliminary; subject to change.
Page 19
DETAILS OF THE BONDS
The Bonds will be dated August 1, 2010, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 2011. 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:
2011 $ 30,000 2014 $185,000 2017 $135,000 2020 $145,000
2012 $190,000 2015 $190,000 2018 $135,000 2021 $ 90,000
2013 $185,000 2016 $135,000 2019 $135,000
The City reserves the right, after proposals are opened and prior to award, to increase or reduce the
principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or
reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal
amount of the Bonds is increased or reduced, any premium offered or any discount taken by the
successful bidder will be increased or reduced by a percentage equal to the percentage by which the
principal amount of the Bonds is increased or reduced.
Proposals for the Bonds may contain a maturity schedule providing for a combination of serial
bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption
at a price of par plus accrued interest to the date of redemption and must conform to the
maturity schedule set forth above. In order to designate term bonds, the proposal must specify
"Years of Term Maturities" in the spaces provided on the Proposal Form.
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of 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 which 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, 2018, and on any day thereafter, to prepay Bonds due on or
after February 1, 2019. 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 ail 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.
Page 20
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition, the City will pledge
Special Assessments against benefited properties. The proceeds will be used to finance
infrastructure improvement projects in various areas of the City.
BIDDING PARAMETERS
Proposals shall be for not Tess than $1,539,450 and accrued interest on the total principal
amount of the Bonds.
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 are not required to be in
level or ascending order; however, the rate for any maturity cannot be more than 1% lower than
the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a
single rate from the date of the Bonds to the date of maturity. No conditional proposals will be
accepted.
GOOD FAITH DEPOSIT
Proposals, regardless of method of submission, shall be accompanied by a Deposit in the
amount of $15,550, in the form of a certified or cashier's check, a wire transfer, or Financial
Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be
opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether
by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated
have any liability for delays in the transmission of the Deposit.
Any Deposit made by certified or cashier's check should be made payable to the City and
delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota
55101.
Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's
agent according to the following instructions:
Wells Fargo Bank, N.A., San Francisco, CA 94104
ABA #121000248
For credit to Springsted Incorporated, Account #635- 5007954
Contemporaneously with such wire transfer, the bidder shall send an e-mail to
bond_services @springsted.com, including the following information; (i) indication that a wire
transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies,
and (iv) the return wire instructions if such bidder is not awarded the Bonds.
Any Deposit made by the successful bidder by check or wire transfer will be delivered to the
City following the award of the Bonds. Any Deposit made by check or wire transfer by an
unsuccessful bidder will be returned to such bidder following City action relative to an award of
the Bonds.
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 pre- approved 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 underwriter is required to submit its Deposit to the City in the form of a certified or cashier's
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check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.,
Central Time on the next business day following the award. If such Deposit is not received by
that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit
requirement.
The Deposit received from the purchaser, the amount of which will be deducted at settlement,
will be deposited by the City and no interest will accrue to the purchaser. In the event the
purchaser fails to comply with the accepted proposal, said amount will be retained by the City.
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.
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CONTINUING DISCLOSURE
In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution
awarding sale of the Bonds, to provide annual reports and notices of certain events. A
description of this undertaking is set forth in the Official Statement. The purchaser's obligation
to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or
prior to delivery of the Bonds.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly final Official
Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring
the receipt by each such Participating Underwriter of the Final Official Statement.
Dated July 6, 2010 BY ORDER OF THE CITY COUNCIL
/s/ Judy Cox
City Clerk
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