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5.3. SR 03-05-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Administration March 5, 2007 Item Description Resolution Accepting Proposal and Concurring in the Action of the Board of Commissioners of the Public Utilities Commission of the City of Elk River, Minnesota, In Providing for the Issuance and Sale of $2,875,000 Electric Revenue Bonds, Series 2007A Item Number 5.3. Prepared by Tim Simon, Finance Director Reviewed by Lori Johnson, City Administrator Introduction Mark Ruff of Ehlers and Associates will be at the Council meeting to present the results of the sale of Electric Revenue Bonds of $2,875,000, Series 2007 A, for a new substation and feeders for the City's municipal electric utility. DISCUSSION Bids for this bond sale will be received on March 5, 2007. The Elk River Municipal Utilities Commission met at 4:00 p.m. on February 20, 2007 to approve the PUC resolution providing for the Issuance and Sale of these bonds. A conference call with Moody's was held on Tuesday, February 27 and Moody's maintained the A2 rating for all the outstanding debt of the electric utility. Financial Impact These bonds will be repaid with revenues from the electric utility. Attachments . Resolution 07- _ Accepting Proposal and Concurring in the Action of the Board of Commissioners of the Public Utilities Commission of the City of Elk River, Minnesota, in providing for the Issuance and Sale of $2,875,000 Electric Revenue Bonds, Series 2007 A. . Moody's rating analysis Action Requested It is requested that the Mayor and City Council adopt resolution 07-_Accepting Proposal and Concurring in the Action of the Board of Commissioners of the Public Utilities Commission of the City of Elk River, Minnesota, in providing for the Issuance and Sale of $2,875,000 Electric Revenue Bonds, Series 2007 A. Council Action Motion by _ Second by _ Vote Follow Up C:\Documcnts and Settings\jmiller\Local Settings\Ttmporary Internet Fi1cs\OLK3E\2007AElectricRevenueHond~salc.doc EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA HELD: March 5, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Elk River, Minnesota, was duly called and held at the City Hall in the City of Elk River, Minnesota on March 5, 2007, at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND CONCURRING IN THE ACTION OF THE BOARD OF COMMISSIONERS OF THE PUBLIC UTILITIES COMMISSION OF THE CITY OF ELK RIVER, MINNESOTA, IN PROVIDING FOR THE ISSUANCE AND SALE OF $2,875,000 ELECTRIC REVENUE BONDS, SERIES 2007A A. WHEREAS, the Public Utilities Commission of the City of Elk River, Minnesota (the "Commission") has determined to undertake capital improvements to the municipal electric light and power plant and distribution system of the City (the "Electric System") consisting of improvements and extensions to the Electric System (the "Project"); and will finance the Project by the issuance of the City's $2,875,000 Electric Revenue Bonds, Series 2007 A (the "Series 2007 A Bonds"); and B. WHEREAS, the Commission has presented to the City Council a copy of a resolution entitled "Resolution Providing for the Issuance and Sale of $2,875,000 Electric Revenue Bonds, Series 2007 A and Pledging Net Revenues for the Security Thereof," duly adopted by the Commission at its February 20, 2007, meeting (the "Bond Resolution"); and C. WHEREAS, the Bond Resolution delegated to the City Council the authority to accept, on the Commission's behalf (a) the most favorable proposal for the purchase of the Series 2007 A Bonds, (b) the interest rates for the Series 2007 A Bonds, and ( c) the amount of the Purchaser's discount. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: I. The City Council hereby joins in, concurs with, adopts and makes the determinations and findings set forth in the Bond Resolution with the same force and effect as if the Bond Resolution had been adopted by the City Council. 2. Based on the delegation of the Commission by the Bond Resolution, the City Council hereby accepts the proposal of (the "Purchaser"), to purchase the Series 2007A Bonds in accordance with the Terms of Proposal, at the rates of 1995343v1 interest hereinafter set forth, and to pay therefore the sum of $ , plus interest accrued to settlement. The Purchaser's proposal is hereby found, determined and declared to be the most favorable proposal received and the Series 2007 A Bonds are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 3. The Series 2007 A Bonds shall bear interest at the respective rates per armum set forth opposite the maturity years as follows: Maturitv Year Interest Rate Maturitv Year Interest Rate 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 The motion for the adoption of the foregoing resolution was seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes ofa meeting of the City Council, duly called and held on the date therein indicated, relating to $2,875,000 Electric Revenue Bonds, Series 2007 A. WITNESS my hand on March 5, 2007. Clerk Simon. Tim From: Sent: To: Subject: GID - Moody's Investors Service [epi@moodys.com] Thursday, March 01, 20074:11 PM mark@ehlers-inc.com Elk River Utilities, MN MOODY'S ASSIGNS A2 RATING TO THE CITY OF ELK RIVER'S (MN) $2.9 MILLION ELECTRIC REVENUE BONDS, SERIES 2007A A2 AFFIRMATION AFFECTS $3.6 MILLION OF OUTSTANDING DEBT Elk River utilities, MN Electric Utilities Minnesota Moody's Rating Issue Rating Electric Revenue Bonds, Sale Amount Expected Sale Date Rating Description Series 2Q07A $2,875,000 03/05/07 Electric Revenue Bonds A2 NEW YORK, March 1, 2007 -- Moody's Investors Service has assigned an A2 rating to the City of Elk River's (MN) $2.9 million Electric Revenue Bonds, Series 2007A. Concurrently, Moody's has affirmed the A2 rating on the city's outstanding revenue bonds, affecting $3.6 million. ProceedS of the 2007A bonds will be used to fund improvements and extensions on the city's electric utility. The bonds are secured by a first lien on the system's net revenues and are on parity with the system's Series 2004 and Series 2006A bonds. The A2 rating reflects the system's modest yet quickly growing customer base, ample coverage of historical and projected debt service with satisfactory legal provisions, and recently increased debt ratio that is expected moderate going forward given the lack of additional borrowing plans. MODEST, YET QUICKLY GROWING, CUSTOMER BASE IN NORTHERN SUBURB OF TWIN CITIES; SLIGHT CONCENTRATION RISK ASSOCIATED WITH LARGEST CUSTOMERS Moody's believes the system will continue to experience strong growth in both the number of customers and the total demand for energy over the next several years, due largely to continuing expansion of the region's residential and commercial sectors. The system is located 35 miles northwest of Minneapolis (general obligation rated Aal) and provides service to the City of Elk River (rated AI) as well as neighboring Otsego, Dayton, and Big Lake (each rated A2) as well as surrounding rural areas. The utility serves more than 8,500 customers, of which are 89% are residential, 9% are commercial and 2% are industrial. The number of customers and the demand for electricity has seen strong growth over the last five years, annually averaging 6.2% and 7.5%, respectively. There is slight concentration risk as the system's ten largest customers comprised 18.3% of the systems 2006 total billings and consumed 21.9% of the power sold. System officials report that the current largest customers' demand trends have been stable and are expected to remain so in the foreseeable future. In addition, management reports that Target Corporation (senior unsecured All the United Health Group will be opening data processing facilities within the system's boundaries. Both facilities will be significant users; Target's estimated annual usage is lOMW and United Health Carers is 20 MW. In comparison, in 2006 the system's ten largest users drew approximately 43MW. The concentration risk posed by such large users is heavily mitigated by the utility's role as a distribution system and its take-and-pay contract. POWER PURCHASE CONTRACT INSULATES FROM SHORT-TERM CHANGES IN POWER SUPPLY COSTS 1 The system purchases almost all of its power from Great River Energy and generates a small portion of power for its landfill operations. The contract with Great River Energy allows the system to draw an unlimited amount of power on a take-and-pay basis at an annually set rate. Peak demand in fiscal 2006 was 46MW. This agreement insulates the system from price shocks and exposure to the spot market. According to officials, either party may cancel the contract, which would take effect 10 years from the notice date, The potential for unexpected increases in operational costs is again mitigated by the system's role as a distributor and its purchase agreement with Great River Energy. SOUND FINANCIAL OPERATIONS DEMONSTRATED BY ADEQUATE NET WORKING CAPITAL; SATISFACTORY LEGAL PROVISIONS Moody'S believes system's financial operations will remain healthy due to brisk growth of the system and sound financial management of the utility. Net working capital stood at an adequate $2.1 million in fiscal 2005, or 15.6% of fiscal 2005 operating expenditures. Rate setting authority is ultimately held by a three person Utility Commission appointed by the City Council. The system raises rates on an annual basis, given the annual rate increases of Great River Energy. Though the system absorbs a portion of the rate increase by Great River Energy, its goal is to accumulate reserves equal to 3-4 months of expenditures. Coverage of system debt is somewhat limited because most of the system's borrowing has occurred in the last three years. Previous to 2004, the system only had a 2002 Promissory Note payable from the system's revenues, which had annual payments of a little more than $100,000. However, operating revenues are expected to provide healthy coverage, approximating four times the maximum annual debt service (of $877,000) that is expected to occur in 2015. Going forward, the system's annual rate increases are expected to support continued strong debt service coverage. The legal provisions outlined in the bond ordinance specify a rate covenant of 1.1 times coverage with an additional bonds test of 1.25 times. The additional bonds test does allow for any rate increase put in place after the beginning of the fiscal year to be applied to the entire year. No bonds may be issued with a prior claim on system revenues. The flow of funds specifies that the bonds, together with outstanding parity debt, enjoy a first claim on the system's net revenues (defined as gross revenues less operational expenses). A debt service reserve is required equivalent to (a) maximum annual principal and interest; (b) 10% of the stated principal amount of the bonds, or (c) 125% of the average annual principal and interest coming due, all of which Moody's considers satisfactory. DEBT RATIO EXPECTED TO MODERATE DUE TO LACK OF FUTURE BORROWING NEEDS Moody's believes the system's debt profile will remain manageable due to limited future borrowing needs. In recent years, the system's debt ratio has significantly increased from about 13.4% in 2005 to an estimated 36%, including the current offering. Although this is notable 1 the system's expected debt burden is considered manageable. Debt retirement is above average, with 58.7% of principal retired within 10 years. According to system officials, the strong ongoing commercial and residential growth is expected to support future capital needs. KEY STATISTICS: Nature of system: Electric distribution (open loop) Number of system customers (2006): 8,562 Five-year Average annual growth in system customers: 6.2% Customer demand (FY2005): 193,700 MWh Ten largest customers as a percentage of operational revenues (FY2006): 18.3% FY2005 Net Working Capital: $2.1 million (15.6% operating expenditures) FY2005 operating ratio: 82.9% FY2005 debt ratio: 13.4% Debt ratio, including current issue: 36.7% 2 Projected MADS coverage: approximately 4 times Post-sale rated revenue debt outstanding: $6.5 million ($9.8 million total) ANALYSTS: Beth A. Dougherty, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody1s Investors Service CONTACTS: Journalists: (212) Research Clients: 553-0376 (212) 553-1653 Copyright 2007, Moody's Investors Service, including Moody1s Assurance Company, Inc. All rights reserved. Inc. and/or its licensors and affiliates (together, lIMOODY'SII). ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. 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Moody's Investors Service pty Limited does not hold an Australian financial services licence under the Corporations Act. This credit rating opinion has been prepared without taking into account any of your objectives, financial situation or needs. You should, before acting on the opinion, consider the appropriateness of the opinion having regard to your own objectives, financial situation and needs. 3 BID TABULATION c C ~,^"\0<\~ ne~ '5.3. ~h'l 0 l $2,875,000 Electric Revenue Bonds, Series 2007 A CITY OF ELK RIVER, MINNESOTA SALE: March 5, 2007 AWARD: CRONIN & COMPANY, INC. RATING: AMBAC Insured (Moody's Investors Service, Inc. "AaaT UNDERLYING RATING: Moody's Investors Service, Inc. "A2" NAME OF BIDDER MATURITY (February 1) $2,859,848.20 $1,103,343.47 4.0699% CRONIN & COMPANY, INC. Minneapolis, Minnesota UBS INVESTMENT BANK Dallas, Texas CITIGROUP GLOBAL MARKETS, INC. Chicago, Illinois 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 NORTHLAND SECURITIES, INC. Minneapolis, Minnesota 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 WACHOVIA SECURITIES, LLC Richmond, Virginia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 *AMBAC insurance purchased by Cronin & Co., Inc. RATE 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.050% 3.750% 3.750% 3.750% 3.750% 3.750% 3.750% 3.750% 4.000% 4.000% 4.000% 4.000% 4.100% 4.125% REOFFERING YIELD 3.500% 3.520% 3.550% 3.600% 3.650% 3.700% 3.750% 3.800% 3.850% 3.920% 4.000% 4.050% 4.100% BBI: 4.10% PRICE NET INTEREST COST TRUE INTEREST RATE $2,852,015.70 $1,113,290.90 4.1132% $2,836,237.40 $1,115,915.84 4.1296% . EHLERS & ASSOCIATES INC 3060 Centre Pointe Drive. Roseville, MN 55113 651.697.8500 fax 651.697.8555 www.ehlers-inc.com Offices in Rosellille, MN Brookfield, WI and Lisle, fL ..2,875,000 Electric Revenue Bonds, Series 2007A :ity of Elk River, Minnesota Page 2 iMME OF BIDDER MATURITY (February 1) RATE REOFFERING YIELD PRICE NET INTEREST COST TRUE INTEREST . RATE ,iBC CAPITAL MARKETS !vlinneapolis, Minnesota WELLS FARGO BROKERAGE SERVICES, LLC iv1inneapolis, Minnesota 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.100% 4.125% 4.200% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.125% 4.125% 4.250% 4.250% $2,858,177.90 $1,121,570.56 4.1349% $2,861,622.60 $1,129,533.96 4.1592%