2016-116 Council Resolution - Laserfiche WebLink

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POST ISSUANCE The issuance of the Bonds will result in post -issuance compliance responsibilities. The COMPLIANCE: responsibilities are in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. SUPPLEMENTAL INFORMATION AND BOND RECORD: Note: taxable issues, such as the 2016B Bonds are not subject to the federal arbitrage requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post -issuance compliance responsibilities for your tax-exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Under certain circumstances any "excess earnings" will need to be paid to the IRS to maintain the tax-exempt status of the Bonds. Any interest earnings on gross bond proceeds or debt service funds should not be spent until it has been determined based on actual facts that they are not "excess earnings" as defined by the IRS Code. The arbitrage rules provide for spend -down exceptions for proceeds that are spent within either a 6 -month, 18 -month or 24 -month period in accordance with certain spending criteria. Proceeds that qualify for an exception will be exempt from rebate. These exceptions are based on actual expenditures and not based on reasonable expectations; and expenditures, including any investment proceeds, will have to meet the spending criteria to qualify for the exclusion. The current expectations related to the 2016A and 2016C Bonds are as follows: • 2016A Bonds - the City expects to meet the 18 -month spending exception • 2016C Bonds — the City expects to meet the 6 -month spending exception Regardless of whether the issue qualifies for an exemption from the rebate provisions, yield restriction provisions will apply to the debt service fund and any project proceeds unspent after three years and the funds should be monitored on an ongoing basis. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted and the City have entered into an Agreement for Municipal Advisor Services under which Springsted will provide Arbitrage and continuing disclosure services for the City. Supplementary information will be available to staff including detailed terms and conditions of sale, comprehensive structuring schedules and information to assist in meeting post - issuance compliance responsibilities. Upon completion of the financings, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. Springsted Page 2