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2. Award of Bids, 1990 Refunding Bonds CITYOF _ CHANHASSEN 4 F: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX(612) 937-5739 ' MEMORANDUM TO: Mayor and City Council ' FROM: Don Ashworth, City Manager DATE: March 5, 1990 SUBJ: Refunding Bonds of 1990 Note: Timing associated with considering this issue has been ' difficult. Market conditions were the driving force, but establishing meeting times while consummating actions during a 3-4 week "window" has put us into a position of ' finalizing a sale on the same date that we are analyzing the merits of such. ' This proposed bond sale could better be labeled "Keep options open bonds of 1990". This statement is made in light of: - Existing Property Values: Recognizing the two year delay ' that exists from the time construction is started until first taxes are paid, the City can reasonably anticipate overall values of the community increasing in 1991 and 1992 ' as a result of 1989 and 1990 construction. This should pro- vide a reasonable hedge against any inflationary increases 1991/92; and ' - Soft BRA Balances, 1990-92: The Council has asked staff to continue to explore means by which property taxes could be reduced. As noted above, new properties coming on-line ' should give us a means by which to continue to increase ser- vices without creating tax increases. Generally, those valuation increases have also been sufficient to cover cost ' of living increases. To see property tax decreases, during time frames of growth is almost impossible. The only way 1 Mayor and City Council . March 5, 1990 Page 2 that such could be accomplished is through the infusion of a new revenue source. As cities cannot create new types of taxes and licenses/permits are not to be money generators, the only reasonable source of new revenues would be through wealth sharing - a passage of valuation (deletion of speci- fic parcels within the tax increment district) , or other direct means of sharing balances (declaration of a surplus in any one year) . The proposed refunding was designed to build upon the themes pre- sented above, i.e. recognizing soft balances in 1991 and 1992, how can the city best position itself so as to leave its options open for the time frame of 1993 through 2000. Three computer models have been prepared to help in this analysis: - Exhibit 1: This exhibit represents existing conditions. Using the current projections from the HRA Debt Analysis Report, Springsted/staff generated potential dollar amounts which could be released from the district. The first analy- sis makes the assumption that the release would occur via eliminating parcels from the district which would have taxes approximating the amounts shown. The analysis is presented only for comparative purposes of the various means by which tax sharing could occur. Good fiscal management would preclude this alternative from being a true alternative. In addition, this method, releasing specific parcels represent a "forever" option and provides no method of escape if an error is made. For example, if Representative Schreiber would be effective in eliminating Chanhassen's special tax treatment (he has attempted to do such in the past) in 1997, the city would end that year with a $1,600,000 deficit balance versus the projected $17,000 positive balance. Worse yet would be the recognition that there is no way out. Multi-million dollar deficits will continue to occur until all debts are paid. The analysis reflects that the city would be in a position of releasing approximately $28 million to city/county/schools during the time frame of 1993 through 2003. Only $14 million of this would be seen as 37% of the revenues would be placed into the fiscal disparities pool. The city would also lose its current distribution as we would turn from an industrially starved community to an industrially wealthy community. Accordingly, the net amount available for city/ county/schools would be $13.738 million. - Exhibit 2: This exhibit makes the assumption that the City/HRA do not use surplus balances but in effect put those into a piggy bank. By the end of 1996, the piggy bank will be large enough to pay off all existing debt/obligations for the years 1997 through maturity. Accordingly, no balances are shown in the years 1997 through 2000. As all debt i Mayor and City Council March 5, 1990 ' Page 3 would have been paid, the full amount of increment would be ' available for redistribution to the county/school/city. The aggregate amount of such would be $29 million with the amount actually received being approximately $15 million. This is the option which has existed as a goal for many ' years. The option is very conservative, but has the detri- ment of not producing tax relief for nearly another ten years. ' - Exhibit 3 : Both Springsted and this office believe that techniques presented in Exhibit 3 represent a blend of the objectives desired by the City while still providing the ' greatest number of options. It also maintains a relatively conservative financial position. The exhibit incorporates two basic premises - restructuring existing debt so as to provide greater flexibility in early years together with the "declaration of surplus" authority currently contained in state law. As can be seen under the "taxes released" ' row, we are able to consistently increase the level of surplus while still approximating the total savings pre- sented in Exhibit 1. The primary benefit is that the amount available to the city/school/county significantly increases ' to approximately $22 million versus the first models $14 million level. Although debt is being pushed into the 2002 and 2003 time frame (adds cost) , the significant cost savings of refunding 9% bonds at 6 1/2% allows this factor to be minor in comparison to the overall $22 million gain to our citizens. ' Dave MacGillivray will be present Monday evening to present both the tax impact analysis work as well as bids received. As noted at the beginning of this memorandum, we have been working ' under two opposing forces - the inability to find a special meeting date convenient for Council members as well as federal/state laws which require that this, if approved, has to ' close prior to April 1st (it takes approximately 3 weeks to print bonds) . Springsted has known from the beginning that if the sale does not occur, their cost will not be reimbursed. ' I cannot help but make one last observation as it deals with the city's general tax policies during the past years. Our ability to release $22 million of new tax dollars during the next ten ' year period of time is very realistic. The amounts shown do not include or recognize that the Hennepin County Tax Increment District and McGlynn Tax Increment District will also cease ' during this time frame. Conservatively, $30 million is a more logical number available to our city/county/schools. These num- bers are not new with the only difference being that we are now approaching the time to make them a reality. I think many cities ' (including some very close to us) have seen similar types of balances and made determinations to use those solely for local I Mayor and City Council ' March 5, 1990 Page 4 purposes. I cannot speak to their decisions. However, I do believe that the tax policies that we are developing have the potential of being both altruistic as well as preserving the city's ability to directly benefit our people. Specifically, during the past 3 years I have shared with both the school district and the County Board generalized information regarding our tax increment district. Although they have not reviewed the specific figures as presented here, they are fully knowledgeable of the fact of the effects of fiscal disparities and other Minnesota tax policies. To the extent that they would be able to receive all or a slightly higher portion of the amounts that they would have received through typical distribution policy, i.e. the $14 million dollar amount, they are more than supportive of seeing Chanhassen develop fiscal policies which would also allow our community to benefit from our creativeness. I do not know if that means purchasing the land for a new middle school, a com- munity center now or in the future, etc. ; but I do believe we have established the financial ability to be able to carry a heavy load of the school/county's future building programs while still preserving options for our community. I believe that both the current and previous Council/HRA's should be congratulated for getting us to this point in time. °-414)1A*41 E 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4;4,4 # TAX IMPACT ANALYSIS Tax Collect. @ 95 X RELEASE OF PARCELS EARLY Appr'd: 28-Feb-90 . Int Earnings @ 7 X ASSUMING NO ADDL'T DEBT & W/0 REFUNDING Preprd: 11:13 PM 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Total BEG. BALANCE m 2, 193 1,495 667 452 260 17 203 208 32 34 37 REVENUE Ref Tax Incrmt 1&2 2,869 2,955 3,751 3,826 3,903 3,983 4, 102 4,226 4,352 4,483 4,617 Del. Taxes 129 76 39 25 10 8 14 8 2 2 3 Interest Rent Income Sale of Prop. TOT. REV. m 2,998 3,031 3,790 3,851 3,913 3,991 4, 116 4,234 4,354 4,485 4,620 EXPENDITURES HRA Admin. 5 157 162 167 172 177 182 187 193 Cap. Exp's & Dew. Incent. 4 284 266 184 166 134 127 119 111 Bond Pmyt's 6 1,955 2,051 2,154 2, 131 2, 194 1,596 1,345 1,206 200 Loan Program TOTAL EXP. m 2,396 2,479 2,505 2,468 2,505 1,904 1,652 1,510 200 OTHER ADJUST'S Taxes Released 1,300 1,380 1,500 1,575 1,650 1,900 2,460 2,900 4,152 4,483 4,617 27,917 Prop Refunding ENDING BAL. m 1,495 667 452 260 17 203 208 32 34 37 39 KKK*TAX IMPACTmmmm Taxes Avail to Sch, City & County 469 519 595 642 690 847 1,200 1,477 2,266 2,474 2,559 13,738 m AMTS SHOWN ARE IN MILLIONS 6x4; ;71 dz. TAX IMPACT ANALYSIS Tax Collect. @ 95 X RELEASE OF PARCELS EARLY Appr'd: 28-Feb-90 Int Earnings @ 7 X ASSUMING NO ADDL'T DEBT & Wf0 REFUNDING Preprd: 11:13 PM 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Total BEG. BALANCE x 2, 193 2,842 3,542 5,090 REVENUE Ref Tax Incrmt 1&2 2,869 2,955 3,751 3,826 3,903 3,983 4, 102 4,226 4,352 4,483 4,617 Del. Taxes 176 223 302 178 Interest Rent Income Sale of Prop. TOT. REV. x 3,045 3,179 4,053 4,004 3,903 3,983 4, 102 4,226 4,352 4,483 4,617 EXPENDITURES HRA Admin. 5 157 162 167 172 177 182 187 193 Cap. Exp's & Dev. Incent. 4 284 266 184 166 134 127 119 111 Bond Pmyt's 6 1,955 2,051 2, 154 2, 131 2, 194 1,596 1,345 1,206 200 Loan Program TOTAL EXP. x 2,396 2,479 2,505 2,468 2,505 1,904 1,652 1,510 200 OTHER ADJUST'S Taxes Released 3,903 3,983 4, 102 4,226 4,352 4,483 4,617 29,666 Prop Refunding ENDING BAL. x 2,842 3,542 5,090 xx xTRX IMPACTxxxx Taxes Avail to 5ch, City & County 2, 109 2,159 2,234 2,312 2,392 2,474 2,559 14,840 x AMTS SHOWN ARE IN MILLIONS 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 E M 1111 1111 1111 - 1 I 1 1 1 1 1 1 1 1 11111 1 1 1 1 1 1 - , xh:,b ;f -/ 3 TAX IMPACT ANALYSIS Appr'd: Tax Collect. @ 95 % RELEASE OF SURPLUS BALANCES Preprd: 28-Feb-90 Int Earnings @ 7 X ASSUMING NO ADDL'T DEBT & W/REFUNDING 11:13 PM 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Total BEG. BALANCE x 2,193 1,443 398 60 339 406 909 761 229 940 536 REVENUE Ref Tax Incrmt 1&2 2,869 2,869 3,751 3,826 3,903 3,983 4, 102 4,226 4,352 4,483 4,617 Del. Taxes 127 64 16 14 26 46 58 35 41 52 20 Interest Rent Income Sale of Prop. TOT. REV. x 2,996 2,933 3,767 3,840 3,929 4,029 4, 160 4,261 4,393 4,535 4,637 EXPENDITURES HRA Admin. 5 157 162 167 172 177 182 187 193 Cap. Exp's & Dew. Incent. 4 284 266 184 166 134 127 119 111 Bond Pmyt's 6 1,955 2,051 2, 154 2,131 2, 194 1,596 1,345 1,206 200 Loan Program TOTAL EXP. x 2,396 2,479 2,505 2,468 2,505 1,904 1,652 1,510 200 OTHER ADJUST'S Taxes Released 1,350 1,500 1,600 1,800 2, 100 2,400 2,800 3,100 3,300 3,500 3,700 27,150 Prop Refunding -708 -743 -778 -143 182 182 1438 1437 ENDING BAL. x 1,443 398 60 339 406 909 761 229 940 536 36 xxxxTAX IMPACTxxxx Taxes Avail to Sch, City & County 1,350 1,500 1,600 1,800 2, 100 2,400 2,800 3, 100 1,729 1,855 1,981 22,215 x AMTS SHOWN ARE IN MILLIONS 1 F. , 1 ' I I Recommendations IFor I City of Chanhassen, Minnesota $2,690,000 1 General Obligation Tax Increment Refunding Bonds, I Series 1989A I I I I I I I I I Study No. 3617 SPRINGSTED Incorporated February 20, 1990 II 1 '; '"" SPRINGSTED trAl PUBLIC FINANCE ADVISORS 85 East Seventh Place, Suite 100 ' Saint Paul, MN 55101-2143 (612)223-3000 Fax:612-223-3002 ' February 20, 1990 ' Mayor Donald Chmiel Members, City Council ' Mr. Donald Ashworth, Manager Chanhassen City Hall 690 Coulter Drive Chanhassen, MN 55317 Re: Recommendations for the Issuance of $2,690,000 General Obligation Tax Increment Refunding Bonds, Series 1990A We respectfully request your consideration of our recommendations for the issuance of ' these bonds. Proceeds of the bond issue will be used to refund the August 1, 1995 through August 1, 1999 principal outstanding on the City's General Obligation Refunding Tax Increment Bonds of 1983. Those bonds were issued on July 20, 1983 at a true interest cost ' of 9.32%. The callable bonds being refunded at this time carry interest rates of 9.75-10%. The interest rates of the new refunding bonds are estimated to be approximately 6.8%. The purpose of this refunding is not specifically to reduce the interest cost on the ' outstanding bonds. The outstanding bonds are repaid from tax increment income from the City's pre-1979 tax increment district of the HRA. In 1988, the Legislature put certain restrictions on pre-1979 tax increment districts, requiring that except for debt service on ' bonds issued prior to April 1, 1990, no increment could be received after April 1, 2001. The purpose of this bond issue is to refund the existing debt service payments on the callable bonds from February 1, 1996 through August 1, 1999, reducing the debt service ' payments in these years, and then extending the bond issue two more years in order to collect increment income in 2001 and 2002. This refunding will extend the life of the district one additional year, as the City has other bond issues with terms extending to 2001. The refunding results in approximately $2,000,000 additional available incremental income during years 1996 through 2000. The extension of debt increases the overall interest cost by approximately$870,000. ' It is our understanding the City's intent with this refunding is to declare the additional available increment as surplus, asking the County Auditor to redistribute the surplus to the other taxing jurisdictions for direct property tax reductions. This results in surpluses for redistribution of approximately $700,000-800,000 per year in calendar years 1996 through 1998. This is shown in Appendix I. This is a more efficient method of generating property tax reductions than to wait until the existing bonds mature or sufficient revenues are available ' to call the bonds, then closing the district. As long as the district is open a fiscal disparities contribution from the commercial/industrial development is not required since it is a pre-1979 HRA district. Once the district closes, all of those properties subject to fiscal disparities ' Indiana Office: Kansas Office: Wisconsin Office: 135 North Pennsylvania Street 6800 College Boulevard 500 Elm Grove Road Suite 2015 Suite 600 Suite 101 Indianapolis, IN 46204-2498 Overland Park, KS 66211-1533 Elm Grove,WI 53122-0037 ' (317)684-6000 (913)345-8062 (414) 782-8222 Fax: 317-684-6004 Fax: (913)345-1770 Fax:414-782-2904 I 1 1 1 1 1 1 1 1 I I I 1 1 1 1 1 I I I ; . City of Chanhassen, Minnesota February 20, 1990 would begin making their contribution to the fiscal disparities pool. This could amount to ' approximately a 30%loss of taxable value of the district going to the fiscal disparities pool as opposed to directly to the taxing jurisdictions. This loss of value (tax base) will occur at the termination of the district, which is delayed with this refunding. Without the refunding, the current district would expire on April 1, 2001 with the last captured increments coming from calendar year 2000. With the refunding, the final ' increment will be received in calendar year 2002 in amounts sufficient to pay the existing debt service. After April 1, 2001, a portion of the district will be eliminated and only enough increment to meet those remaining debt service payments will be available to the City. We also recommend the City attempt to get the bond issue insured and we have contacted two different insurance companies for reviewing the issue. Insurance will enhance the marketability of the bonds and result in a more marketable and efficient issue. The insurance ' premium is included in the bond issue sizing. We are recommending the use of crossover', refunding bonds as the method for refunding the 1983 issue. The reason is that we are refunding only the callable bonds since there is no ' present value benefit in refunding non-callable bonds, and it reduces or eliminates any financial contribution to be made by the City toward the refunding. This refunding method permits the City to retain the cash balance of the district. The refunding process and assumptions are shown in Appendix II of these recommendations. We are recommending a process referred to as competitive negotiation be used by the City ' in order to expedite the sale and eliminate certain publication requirements. We anticipate receiving the same competitive bids as one would get with a regular published notice of sale. We recommend that bonds be offered for sale on Monday, March 5 with bids to be received in the offices of Springsted Incorporated at 11:00 A.M. The Council would act upon the ' award that same evening. Bonds would be delivered and the entire transaction completed prior to April 1, 1990 in order to assure compliance with the 1988 Legislative act. ' Respectfully submitted, ' SP-INGST D Incorporated ' mmr ' Page 2 1 1 I I 1 1 1 1 1 1 I 1 I 1 I 1 1 I I 1 .' APPENDIX I . IICity of Chanhassen, Minnesota G.O. Tax Increment Refunding Bonds, Series 1990A 1 II Existing g Debt Debt Reduction IIService Service In Additional Calendar Without With Debt Available Year Refunding Refunding Service Increment 1 (1) (2) (3) (4) (5) 1990 339, 383 339,383 0 0 I 1991 714,565 714,565 0 0 1992 734,725 734,725 0 0 1993 778, 125 778, 125 0 0 1994 825,000 825,000 0 0 1 1995 850,000 850,000 0 0 1996 890,000 182,270 707,730 707,730 1997 925,000 182,270 742,730 742,730 I 1998 960,000 182,270 777,730 142,730 777,730 1999 325,000 182,270 142,730 2000 182,270 (182,270) (182,270) II 2001 182,270 (182,270) (182,270) 2002 1,438,395 (1,438,395) 0 2003 1,437,260 (1,437,260) 0 IITotals 7,341,798 8,211,073 (869,275) I I Note: The additional available income in column (5) is the annual benefit received by the refunding. I I I I 1 1 I: APPENDIX II ICITY OF CHANHASSEN, MINNESOTA I Full Crossover Advance Refunding Of General Obligation Tax Increment Refunding Bonds Of 1983 Preliminary Notes and Assumptions 1. This refunding feasibility represents a full "crossover advance refunding. A crossover I refunding works only with the callable outstanding bonds resulting in a smaller refunding issue and eliminates the necessity of any significant contribution of available City funds toward the refunding. I2. The proceeds from the sale of crossover refunding bonds are placed in an escrow account invested at interest rates not exceeding the interest rate on the refunding bonds. Those investment earnings are applied to the interest expense of the refunding I issue (and since they are at approximately the same yield will be approximately self- supporting) and is also used to pay the principal on the called refunded bonds at the call date of the refunded bonds. The City will continue to be responsible for the debt I service payments on the refunded bonds until the call date at which time it crosses over and begins making debt service payments on the refunding bonds. 3. The purpose of the refunding is to extend the life of a pre-1979 tax increment district I beyond the 2001 termination date. By extending the debt beyond that point the City can free up approximately $2.4 million of existing debt service payments between February 1, 1996 and August 1, 1999. This requires that the refunding issue extends I beyond the refunded bonds through February 1, 2003. The removal of that$2.4 million of debt service payments permits the City to recapture the tax increment revenues which would have been used to pay that debt service by now permitting them to be Iused for other valid purposes. 4. The following assumptions were used in the analysis: Ia. The refunding bonds must settle by March 29, 1990. b. The bonds will be insured and the City will pay the estimated $17,000 premium Iout of bond proceeds. c. Neither the original issue nor the refunding issue are private activity bonds. I d. Since the original issue exceeded $5,000,000 there is no materially higher yield permitted on the escrow investments. I 5. The City owns a $200,000 portion of the August 1, 1995 principal payment on the refunded bonds. Since those bonds are not callable they are not included in the refunding and the City will continue to own them. I6. Refunding bonds are structured in nearly equal annual principal and interest installments in 2002 and 2003. I 7. We have used serial bonds in the refundings as opposed to capital appreciation bonds since it provides for a more efficient and productive escrow account. If CAB's were used, the earnings in the escrow account would accumulate without being applied to .I any debt service repayment resulting in substantially large cash balances. There are limitations on the ability to reinvest those funds. I 11-1 CITY OF CHANHASSEN, MINNESOTA ' Full Crossover Advance Refunding Of General Obligation Tax Increment Refunding Bonds Of 1983 Preliminary Notes and Assumptions (Part 2) • ' 1. Funds from the City are not required since the debt service funds directly attributable to this issue are minimal and may be required for making debt service payments between now and the call date since the debt service in that period will not be changed. ' 2. Dave Kennedy at Holmes and Graven has initially ruled that placing the accreted value of the callable bonds in the escrow account on the call date is not in violation of federal laws which prohibits the escrow from paying interest on the refunding bonds in a ' crossover. 3. No rating fee has been assumed since it is assumed that the issue will be insured by MBIA. Also, MBIA cannot break out the rating fee portion of their fee so the full insurance fee is include in the yield calculation. 4. Dave Kennedy at Holmes and Graven has initially agreed that there will be no ' transferred proceeds since this is a crossover and the original escrow expires prior to the crossover date. Also, since this is a crossover, no savings or average maturity test is required. ' 5. It is assumed that the bonds will be dated March 1, 1990, sold on March 5, 1990, and will settle on March 29, 1990 and the issue will be negotiated. ' 6. The issue size will be left variable in any maturity by a total amount not to exceed $50,000. ' 7. The calculations will be based on our accreted value calculations on the refunding bonds and not by the original documents since the difference is only a few dollars and since we need to use accreted values which the original documents do not disclose on each date. The escrow balance will be left slightly larger to avoid any payment problems as a result of the slight discrepancy. I 1 11-2 • ' THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON THEIR BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: $2,690,000* CITY OF CHANHASSEN, MINNESOTA ' GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1990A ' Proposals for the Bonds will be received by SPRINGSTED Incorporated on behalf of the City on Monday, March 5, 1990, until 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, MN 55101-2143. Consideration for ' award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated March 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1991. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be rounded ' pursuant to rules of the MSRB. The Bonds will be issued in the denomination of$5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and ' interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. ' The Bonds will mature February 1 in the years and amounts as follows: 2002 $1,300,000 2003 $1,390,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction ' will be in a total amount not to exceed $50,000 and will be made in multiples of$5,D00 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 will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION ' The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, in inverse order of ' maturity and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general Bonds 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 tax increment income from the City's Tax Increment Financing District No. 1. The proceeds will be used to refund in advance of their stated maturity at their accreted values as of August 1, 1995 all of the capital appreciation bonds maturing from February 1, 1996 through August 1, 1999 of the City's General Obligation Refunding Tax Increment Bonds of 1983, dated August 1, 1983. -i �• . . TYPE OF PROPOSALS Proposals shall be for not less than $2,655,030 and accrued interest on the total principal amount of the Bonds. A certified or cashier's check in the amount of $26,900, payable to the order of the City, shall, within 24 hours after award, be delivered to SPRINGSTED Incorporated, the City's Financial Advisor. 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 after the time set for receiving proposals unless the ' meeting of the City scheduled for award of the proposals 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 to the proposal providing 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. 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. ' 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 Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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 reasons of the purchaser's non-compliance with said terms for payment. ' 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 as required by Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form 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. -2 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 an Official Bid Form 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 110 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 executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such ' designation and (ii) it shall enter into a c-^tractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. I I I 1 I I i r I 3-