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• <br />POST ISSUANCE <br />COMPLIANCE: <br />SCHEDULES <br />ATTACHED: <br />SALE TERMS AND <br />MARKETING: <br />RISKSISPECIAL <br />CONSIDERATIONS: <br />SUPPLEMENTAL <br />INFORMATION AND <br />BOND RECORD: <br />Span <br />The issuance of the Bonds will result in post- issuance compliance responsibilities. The <br />responsibilities lie in two primary areas: i) compliance with federal arbitrage requirements <br />and ii) compliance with secondary disclosure requirements. <br />Federal arbitrage requirements include a wide range of implications that have been taken <br />into account as your issue has been structured. Post - issuance compliance responsibilities <br />for your tax - exempt issue include both rebate and yield restriction provisions of the IRS <br />Code. In general terms the arbitrage requirements control the earnings on unexpended <br />bond proceeds, including investment earnings, moneys held for debt service payments <br />(which are considered to be proceeds under the IRS regulations), and /or reserves. There <br />is an exception to rebate for a municipality that issues $5 million or less of tax - exempt <br />obligations in a calendar year. The City expects to qualify as a small issuer for 2012; <br />therefore, the Bonds will be exempt from rebate. Yield restriction provisions will apply to <br />the debt service fund and any project proceeds unspent after three years under certain <br />conditions and the funds should be monitored throughout the life of the Bonds. <br />Secondary disclosure requirements result from an SEC requirement that underwriters <br />provide ongoing disclosure information to investors. To meet this requirement, any <br />prospective underwriter will require the City to commit to providing the information needed <br />to comply under a continuing disclosure agreement. <br />Springsted currently provides arbitrage and continuing disclosure compliance services to <br />the City under separate contracts. Contract amendments adding the Bonds will be <br />provided to the City. <br />Schedules attached include a project summary, debt service schedules for the Bonds as a <br />whole and by purpose, and a debt service comparison for the Refunding Portion. <br />Variability of Issue Size: A specific provision in the sale terms permits modifications to the <br />issue size and /or maturity structure to customize the issue once the price and interest rates <br />are set on the day of sale. <br />Prepayment Provisions: Bonds maturing on or after February 1, 2022 may be prepaid at a <br />price of par plus accrued interest on or after February 1, 2021. <br />Bank Qualification: The City does not expect to issue more than $10 million in tax - exempt <br />obligations that counts against the $10 million limit for this calendar year; therefore, the <br />Bonds are designated as bank qualified. <br />The outcome of this financing will rely on the market conditions at the time of the sale. Any <br />projections included herein are estimates based on current market conditions. <br />Supplementary information will be available to staff including detailed terms and conditions <br />of sale, comprehensive structuring schedules and information to assist in meeting post - <br />issuance compliance responsibilities. <br />Upon completion of the financing, a bond record will be provided that contains pertinent <br />documents and final debt service calculations for the transaction. <br />sted <br />Page 2 <br />