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3. G.O. Bonds Series 1996A.MEMORANDUM CITY OF 3 CHANE AISSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Mayor and City Council Update- Dave MacGillivrary from Spri i,;st .d will be at Monday's meeting to review the bids received for this bond sale. FROM: Don Ashworth, City Manager DWA (4 -2 -96) DATE: March 20, 1996 SUBJ: General Obligation Improvement Refunding Bonds, Series 1996A The proposed refunding (Bonds of 1987) is the 1995. The anticipated savings of the proposed MacGillivrary is in the process of running new The drop in the stock market did have a ripple neither Dave nor I anticipate a major change re last week. issue that was considered at the end of iding is approximately $200,000. Dave bers as this memorandum is being written. t into the municipal bond market; however, izing the stabilization that has occurred in the Standard and Poor should see the proposed refunding as being positive in that it eliminates approximately $1 million in existing debt. As no new debt is being created, the proposed refunding does not affect our overall bonding limits nor does" it trigger arbitrage reporting/ calculations. The anticipated savings of $200,000 is a net number in that all attorney costs, consultant fees, bonding costs, etc., have been included. Authorizing Refunding F as "a potential date of award for the Recommendations For City of Chanhassen, Minnesota $900,000 General Obligation Improvement Refunding Bonds, Series 1996A Presented to: Mayor Donald J. Chmiel Members, City Council Mr. Donald W. Ashworth, City Manager Ms. Pam Snell, Finance Director City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 -0147 Study No. CO236.A2 SPRINGSTED Incorporated March 7, 1996 SPRINGSTED PUBLIC FINANCE ADVISORS I RECOMMENDATIONS Re: $900,000 General Obligation Improvement Refunding Bonds, Series 1996A Proceeds of the issue will be used to refund the 1997 through 2003 maturities of the City's General Obligation Improvement Bonds of 1987. The refunding is being done to provide interest cost savings, which are expected to total approximately $208,807, with a present value savings of approximately $70,355 which takes into consideration the loss of investment income had the City not contributed $516,515 to reduce the amount of the refunding. We recommend the following for the bonds: 2. 3 M D Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. Sale Date and Time Monday, April 8, 1996, at 12:00 Noon, with award by the City Council at 7:30 P.M. that same day. Authority and Purpose for the Bond Issue The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, and will be used, along with approximately $516,515 of prepaid assessments which have accumulated in the debt service fund for the 1987 Bonds, to refund the 1997 through 2003 maturities of the City's 1987 Bonds for interest cost savings. Principal Amount of Offering The bonds are being issued in the principal amount of $900,000, consisting of $873,800 of proceeds to finance the refunding, approximately $19,000 to cover issuance costs and $7,200 for the underwriter's discount. Repayment Term The first interest payment is due February 1, 1997. Principal is due February 1, 1997 through 2000. The term of this issue is three years shorter than the term of the 1987 Bonds. Source of Payments and Payment Cycle This issue will be repaid from special assessments currently pledged to the repayment of the 1987 Bonds. First -half collections of special assessments collected in 1996 will be used to make the August 1, 1996 interest payment on the 1987 Bonds as originally scheduled. Second -half assessment collections, plus surplus first - half collections, will be used to make the February 1, 1997 principal and interest payment on this issue. Thereafter, each August 1 interest payment on this issue will City of Chanhassen, Minnesota March 7, 1996 be made from first -half collections of special assessments and each subsequent February 1 principal and interest payment will be made from second -half collections, plus surplus first -half collections. 7. Prepayment Provisions Due to the short maturity structure of this issue, the bonds will be non - callable. 8. Credit Rating Comments We recommend the City apply to Standard & Poor's Ratings Services for a rating on this issue. The City is currently rated °'A-" b'° StandA :y & Poor's. 9, Bank Qualification The City does not expect to issue over $10,000,000 of tax - exempt obligations in 1996, and this issue is therefore eligible for bank qualification. Issues which are bank - qualified receive interest rates which are lower than issues which are not bank - qualified. 10. Rebate Requirements This issue is subject to the federal arbitrage and rebate requirements because the City issued over $5,000,000 of tax - exempt bonds in the year in which the 1987 Bonds were sold. 11. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund or be subject to yield restriction. The refunding has been structured around the existing assessment collections on the 1987 Bonds, and assuming assessments are collected as scheduled, the City expects to maintain a bona fide debt service fund. 12. Economic Life The aggregate average life of this issue and the 1987 Bonds cannot exceed 120% of the economic life of the financed projects. Since the average life of public improvements is generally at least 20 years, and the aggregate maturity of this issue is 11.08 years, this issue is in compliance with the economic life requirements. 13. Continuing Disclosure This issue is not subject to the new SEC continuing disclosure rules because the issue size is less than $1,000,000. A summary of the disclosure rules has been provided to City staff, detailing the City's continuing disclosure responsibilities. The City sold obligations in 1995 which are subject to the SEC regulations. 1 L C� Page 2 1 1 City of Chanhassen, Minnesota March 7, 1996 14. Attachments Refunding Schedules Cash Flow of Debt Service Fund Terms of Proposal DISCUSSION This issue constitutes a "current" refunding since all the remaining maturities of the 1987 bonds will be called within 90 days of settlement of this issue. Proceeds of this issue will be used to redeem all of the outstanding maturities of the 1987 Bonds on August 1, 1996. The City will make the August 1, 1996 interest payment on the 1987 Bonds as originally scheduled. Attached is the analytical summary of the refunding. Page 5 shows the debt service on the 1987 Bonds as it exists now. Page 6 shows the principal amount of the 1987 Bonds which will be called for redemption on August 1, 1996 and paid from the proceeds of this issue. Page 7 shows the August 1, 1996 interest payment on the 1987 Bonds which will be paid by the City as originally scheduled. Page 8 shows the projected debt service on the new refunding issue, and Page 9 shows the projected annual savings (Column 6). Also included on Page 10 is the cash flow for the debt service fund which shows the projected future special assessment collections at 98% (Column 6) and factors in the City's cash contribution of $516,515. ' Respectfully submitted, ' SPRINGSTED Incorporated J sms Provided to Staff: a) Summary of Arbitrage Rules b) Summary of Continuing Disclosure Requirements C) Rebate Contract Page 3 03/20/96 12:49 V612 223 3000 SPRINGSTED City of Chanhassen, Minnesota G.O. Refunding Bonds, Series 1996 Current Refunding Summary Partial Current Refunding of G.O. Improvement Bonds of 1987 Structured Around Special Assessments , Refunding Bond Rating: A— :Refunding Delivery Date Sources/ Uses ( Sources of Funds on: 05107/96 Refunding Principal: 900,000.00 Accrued lnterest: 616.89 Total Sources of Funds: 900,616.89 Usos of Funds on: 05107/96 Discount @ S8.00 7,200.00 Acc. Int. & Unused Disc: 616.89 Refunding Expenses: 19,000.00 Investment to Call Date: 873 ,800.00 Total Uses of Funds: 900, 616.89 Refunded / Refunding Bond Comparison As of: Refunded y Refunding 05;01/96 Statistics Statistics Principal: 1,400,000 900,000 Interest: 327,700 85,134 Bond Yrs: 5,250 2,025 Avg. Mat: 3.750 2.250 NICC 6.24% 1 4.56 Prepared: 03/20196 By SPRINGSTED incorporated 121002/003 ' Date of Bonds: 05/01/96 ' Delivery Date: 05107!96 J Inv. Earnings @ 4.75 : Refunded Call: 08/01/96 516,515.36 1 st Callable: 02/01/97 , Uses of Funds on: 08/01/96 Refunded Principal: Refunded Bond Call Date Sour / Use: Sources of Funds on: 08/01/96 Invest. Proceeds Mature: 873,800.00 Inv. Earnings @ 4.75 : 9,684.62 Funds from Issuer: 516,515.36 Total Sources of Funds: 1,400,000.00 59,503.39 Uses of Funds on: 08/01/96 Refunded Principal: 1,400,000.00 Refunded Call Premium: Excess Proceeds: Total Uses of Funds: 1,400,000.00 Total Net Savings /Present Value Savings Future Savings: 720,265.62 Less Funds From Issuer: 516,515.38 Plus Accr. Int, to D/S Fund: 616.89 Plus Exc. PrDc. to D/S Fund: _ Total N et Savings: 204,367:13 Present Value Sav @ 4.19%: 59,503.39 As Na of P.V. Refunded Int.: 21.810lo 03/20/96 12:50 V612 223 3000 SPRINGSTED 2 003/003 City of Chanhassen, Minnesota G.G. Refunding Bonds, Series 1996 Prepared: 03/20/96 Annual Savings Analysis E. SPRINGSTED Incorporated Schedule E Refunding Non- Refunded Date Debt Service Deft Service Total New Debt Service Existing Savings (1) (2) {3 Leht Service or (Loss) (6) OS/ 01/96 02/01/97 2 52,759.38 44 600.00 08;01/97 297,359.38 289,200.00 (8,159.38) 02/01/98 253,350.00 08/01/98 253,350.00 276,200.00 22,850.00 02;01/199 244,237.50 01 08/;99 244,237.50 263,000.00 18 762050 02/01/2000 234,787.50 08;01/2000 234,787.50 249,600.60 14,812.50 02;01/2001 08;01j2C01 235,000.00 236,000.0C 02; 01/2002 08/01/2002 2 24,000.00 2 24,000.00 02/01!2003 212,00C.oQ 212,000°00 Tot aIs 785,134.38 44,600.00 1 , 02 9,734.3B 38 1, 7 5 0,000.OU 726,265,62 Present Value Sating.: 4.1940$ Funds from Issuer... ( Present Value Savings: 59,503.39 .: 516,515.38) S °s of P.`,'. Ref. lilt: 59,503.39 Int. to E)/'S Fund, 616.89 71.81 °s Total Net S,-ivings... 2.04,367.13 City f Chanhassen Minnesota 1 y � Prepared: 03/06/ G.O. Improvement Bonds of 1987 By SPRINGSTED Incorporated Refunded Principal and any Call Premium Schedule B ' Date 08/01/96 02/01/97 Principal 1,400,000.00 Premium Totals 1,400,000.00 Call Date ............. 08/01/96 First Date Called.....: 02/01/97 Call Premium...... .... Semi - Annual Annul 1,400,000.00 1,400,000.0' 1,400,000.00 1,400,000.00 This portion will be paid with proceeds' Rage 6 ' ity of Chanhassen, Minnesota .0. Improvement Bonds of 1987 Non - Refunded Debt Service Date Principal 08/01/96 02/01/97 1 Schedule C Rate Interest 1 totals [his portion Will be paid by the issuer the entire existing debt service. 9�1� 9I .. .�4 1I Prepared: 03/06/96 By SPRINGSTED Incorporated Semi - Annual Annual f�• $I 44,600.00 44,600.00 44,600.00 The first payment includes interest on Page 7 City of Chanhassen, Minnesota G.O. Refunding Bonds, Series 1996 Refunding Debt Service Date 02/01/97 08/01/97 02/01/98 08/01/98 02/01/99 08/01/99 02/01/2000 Totals Bond Date.: Avg, Mat..: NIC ....... : Principal 225,000.00 225,000.00 225,000.00 225,000.00 900,000,00 05/01/96 2.250 4.3390 Schedule D Rate Interest 3.6500 3 . 850` 4.0006 4.1006 26,325.00 13,443,75 13.443.75 9,12.50 9,112.50 4,612.50 4,612.50 80,662.50 I Prepared: 03/06/91 By SPRINGSTED Incorporated I Semi - Annual Annual 251,325.00 251,325.00' 13,443.75 238,443.75 251. 1� 9,112.50 234,112.50 243,225,00 4,612.50 229,612.50 234,225.00' 980,662.50 980,662.50 Delivery..: 05/07/96' Discount.': 0.800007 Bond Yield: 3.97442' Page 8 1 n k otals 980,662.50 44,600.00 1,025,262.50 1,750,000.00 724,737.50 resent Value Rate...: ity of Chanhassen, Minnesota (516,515.38) Prepared: 03/06/96 70,354.53 .O. Refunding Bonds, Series 1996 As . of By SPRINGSTED Incorporated Annual Savings Analysis I Schedule E Refunding Non - Refunded Total New Existing Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) ' (1) (2) (3) (4) (5) (6) ' 08/01/96 02/01/97 251,325.00 44,600.00 295,925.00 289,200.00 (6,725.00) 08/01/97 251,887.50 251,887.50 276,200.00 24,312.50 ' 08/01/98 02/01/99 243,225.00 243,225.00 263,000.00 19,775.00 08/01/99 2/01/2000 234,225.00 234,225.00 249,600.00 15,375.00 8/01/2000 2/01/2001 236,000.00 236,000.00 8/01/2001 2/01/2002 224,000.00 224,000.00 8/01/2002 02/01/2003 212,000.00 212,000.00 n k otals 980,662.50 44,600.00 1,025,262.50 1,750,000.00 724,737.50 resent Value Rate...: 3.9744. Funds from Issuer....: (516,515.38) resent Value Savings: 70,354.53 Acc. Int. to D/S Fund: 585.01 As . of P.V. Ref. Int: 25.64 Total Net Savings..... 208,807.13 1 Page 9 City Chanhassen, Minnesota ' of Prepared 03/06/96 G.O. Improvement Bonds of 1987 By SPRINGSTED Incorporated Existing Cash Flow Before Advance Refunding 98.00% 4.75% , Debt Special Invest. Date Principal Rate Interest Service Assess. Earnings Balance ( ( ( ( ( ( ( (8) ' Beginning Balance: 1,050,000.00 02/01/96 400,000.00 6.40% 57,400.00 457,400.00 592,600.00 08/01/96 44,600.00 44,600.00 151,900.00 15,532.89 715,432.89' ' 02/01/97 200,000.00 6.50% 44,600.00 244,600.00 151,900.00 16,081.69 638,814.581 08/01/97 38,100.00 38,100.00 127,400.00 16,427.36 744,541.94; 02/01/98 200,000.00 6.60% 38,100.00 238,100.00 127,400.00 16,565.02 650,406.96' ' 08/01/98 31,500.00 31,500.00 107,800.00 16,549.76 743,256.72'. 02/01/99 200,000.00 6.70% 31,500.00 231,500.00 107,800.00 16,377.90 635,934.62 08/01/99 ' 1 4,800. 1 "'C' 24,800.10 102,900.00 16,223.54 730,258.15 02/01/2000 200,000.00 6.80% 24,800.00 224,800.00 102,900.00 16,087.10 624,445.26' ' 08/01/2000 18,000.00 18,000.00 93,100.00 15,911.33 715,456.59 02/01/2001 200,000.00 6.00% 18,000.00 218,000.00 93,100.00 15,695.29 606,251.88 08/01/2001 12,000.00 12,000.00 88,200.00 15,487.27 697,939.15 ' 02/01/2002 200,000.00 6.00% 12,000.00 212,000.00 88,200.00 15,287.47 589,426.62 08/01/2002 6,000.00 6,000.00 14,095.01 597,521.63 02/01/2003 200,000.00 6.00% 6,000.00 206,000.00 11,886.04 403,407.67 ' Totals 1,800,000.00 407,400.00 2,207,400.00 1,342.600.00 218,207.67 Projected Cash Flow After Advance Refunding 98.00% 4.75% Debt Special Invest. ' Date Principal Rate Interest Service Assess. Earnings Balance; ( ( ( ( ( ( ( ( 02/01/96 592,600.00 ' 05/07/96 (585.01) 593,185.01 08/01/96 561,115.38 151,900.00 15,532.89 199,502.52'. 02/01/97 225,000.00 3.65% 26,325.00 251,325.00 151,900.00 3,600.27 103,677.79' 08/01/97 13,443.75 13,443.75 127,400.00 3,861.43 221,495.47 ' 02/01/98 225,000.00 3.85% 13,443.75 238,443.75 127,400.00 3,989.25 114,440.97 08/01/98 9,112.50 9,112.50 107,800.00 3,936.63 217,065.101 02/01/99 225,000.00 4.00% 9,112.50 234,112.50 107,800.00 3,699.26 94,451.86 08/01/99 4,612.50 4,612.50 102,900.00 3,451.38 196,190.74. 02/01/2000 225,000.00 4.10% 4,612.50 229,612.50 102,900.00 3,192.73 72,670.97 08/01/2000 0.00 0.00 93,100.00 2,865.53 168,636.50 ' 02/01/2001 0.00 4.20% 0.00 0.00 93,100.00 5,172.10 266,908.60 08/01/2001 0.00 0.00 88,200.00 7,475.22 362,583.82 02/01/2002 0.00 4.35% 0.00 0.00 88,200.00 9,774.82 460,558.641 08/01/2002 0.00 0.00 0.00 11,069.72 471,628.36 ' 02/01/2003 0.00 0.00 0.00 11,335.79 482,964.15' , Totals 900 000.00 80,662.50 1,541,192.87 1,342,600.00 88,957.02 Page 10 1 ' THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL ' $900,000 CITY OF CHANHASSEN, MINNESOTA ' GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1996A ' (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, April 8, 1996, 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 7:30 P.M., Central Time, of the same day. ' SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223 -3002 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 (612) 223 -3000 or fax (612) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635 -3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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 of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated May 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1997. 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: 1997 $225,000 1998 $225,000 1999 $225,000 2000 $225,000 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 Page 11 u 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 Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used along with excess City debt service funds to refund the 1997 through 2003 maturities of the City's $4,685,000 General Obligation Improvement Bonds of 1987, dated July 1, 1987. TYPE OF PROPOSALS Proposals shall be for not less than $892,800 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 $9,000, payable to the order of the City. If a check is used, it must accompany each 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 City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in 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. Page 12 J J r r L L 1 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 which 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 at a place mutually satisfactory to the City and the purchaser. 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 which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have 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 Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule "), because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to 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 (612) 223 -3000. Page 13 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 35 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 Underwrite of the Final Official Statements Dated March 11, 1996 BY ORDER OF THE CITY COUNCIL /s/ Don Ashworth City Manager Page 14 1 t