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4.1. SR 08-27-2001Item~ 4.1. MEMORANDUM TO: FROM: Mayor and City Council Lori Johnson, Finance Director DATE: August 27, 2001 SUBJECT: Consider Resolution Providing for the Sale of $3,590,000 General Obligation Water Revenue Bonds Series 200lA. The Elk River Municipal Utilities has requested that the City issue $3,590,000 of General Obligation Water Revenue Bonds to finance new water system facilities. Please see the attached Bond Sale Report prepared by Ehlers & Associates for detailed information on this bond issue. Bryan Adams has determined the bond amount and terms in consultation with Rusty Fifield of Ehlers & Associates, Inc. Both Bryan Adams and Rusty Fifield will be at Monday's meeting to address any questions you have on this issue. Rusty will also give you an update on a change in the way bids will be received for this issue in an attempt to reduce interest costs by increasing the number of bidders. Action Requested The City Council is asked to consider the attached resolution providing for the sale of $3,590,000 General Obligation Water Revenue Bonds Series 200lA. s:\council\watrevbonds.doc Alk River Municipal Utilities 322 King Avenue Elk River, MN 55330 August 21,2001 phone: 763.441.2020 Fax: 763.441.8099 To: Mayor & City Council From: Bryan Adams Subject: G.O. Water Revenue Bonds Series 2001A As Elk River continues to grow and expand, the municipal water needs of our community continue to increase as well. This growth and expansion requires the Elk River Municipal Utilities to expand the water production and water storage capabilities to satisfy the water system demands for domestic water and fire protection. Water production facility/t7 and a water tower in eastern Elk River has been planned for some time. The location of water production facility #7 is at the intersection of Tyler Street and Co Rd 13 on the property previously owned by the Deschenes'. The location of the eastern water tower is locates between Co Rd 12 and 175m Avenue on property recently purchased from Riverside Development. The cost to construct these facilities are as follows: Well #7 Water Treatment Plant #7 Water Tower $178,400 $1,482,500 $1,844,000 Total Net Proceeds $3,504,900 Required from Bond Sale Well #7 was completed in August 2001 by Mark J. Traut Well, Inc. The contract to construct water treatment facility #7 was awarded to EnComm at the 8-14-01 Elk River Municipal Utilities Commission meeting. Construction will start in September 2001 and will be completed in May 2002. The contract to construct a 1.5MG water tower was awarded to CBI at the 8-14-01 Elk River Municipal Utilities Commission meeting. Construction will start in October 2001 and will be completed in November 2002. Enclosed is Ehlers & Associates Bond Sale Report for G.O. Water Revenue Bonds Series 200lA for an issue amount of $3,590,000. The Elk River Municipal Utilities Commission at their 8-14-01 meeting approved the sale of the above referenced bonds. Minutes of this meeting are attached. Elk River Municipal Utilities Commission requests the City Council to authorize sale ofG. O. Water Revenue Bonds Series 200lA. Page 2 Regular meeting of the Elk River Municipal Utilities Commission August 14, 2001 _ .~ Review and Consider Bids for Water Treatment Plant #7 Bids for Water Treatment Plant #7 were received on August 9,2001. EnComm Midwest were discussed, along with projected completion dates. Details of the low bid' from James Tralle moved to accept the bid from EnComm for the Water Treatment Plant #7, at S 1,234,567.00. John Dietz seconded the motion. Motion carried 3-0. 5.3 Review and Consider Bids for Electric Line Truck Bids for an Aerial Bucket Truck were received on July 25, 2001. The tabulation was Presented to the Commission, with recommendation from Staff to a~vard the purchase to the lowest responsive bidder, Altec Industries, with trade-in for the Freightliner at $95;555.00. Staff indicated that the ERMU has had excellent experience with the Freightliner chassis. Questions of alternate chassis were revie~ved. James Tralle moved to accept the low bid frOm Altec Industries fOr the purchase ora new FL-70. Freightliner electric, line truck, with the trade-in. John Dietz seconded the motion. Motion carried 3-0. 5.4 Review and Consider Water Revenue Bonds Bryan Adams reviewed a spreadsheet reflecting estimated costs for several large projects for the Water '-',partment. Recommendation by Staff is to authorize bonding for the Water Tower, Well #7, and Water .eatment Plant #7. Rusty Fifield, Ehlers & Associates, Inc. appeared to discuss the Bond Issue, and answer questions from Staff and Commission. Mr. Fifield noted positively the financial planning forecasts done by Staff, and the control that the Utility has over construction. Marketing of the Bond sale was reviewed in response to a question from George Zabee. James Tralle moved to approve the G.O. Water Revenue Bonds, Series 2001A for the Water Tower, Well #7, and Water Treatment Plant #7, in the amount of approximately $3,504,900.00 net proceeds. John Dietz seconded the motion. Motion carried 3-0. 5.5 LFG Project Update Bryan Adams reviewed the slowing progress of the project, explaining that risk management is the reason. Gas quality analysis is the present issue. Our goal is to promote this project, but not to lose money. It is noted that local cooperation is excellent, but much slower from the Corporate side. This item informational only. BOND SALE REPORT $3,590,000 G.O. Water Revenue Bonds, Series 2001A City of Elk River, Minnesota Elk River Municipal Utilities August 27, 2001 LEADERS IN PUBLIC FINANCE Bond Sale Report INTRODUCTION This report describes the proposed plan to issue $3,590,000 G.O. Water Revenue Bonds, Series 2001A. Ehlers & Associates prepared this report in consultation with Staff' and bond counsel. The report describes: Purpose and components of bond issue. Structure. Other considerations in issuing bonds. Market conditions. Issuing process. PURPOSE The $3,590,000 G.O. Water Revenue Bonds, Series 200lA (the "Bonds") are being issued pursuant to Minnesota Statutes, Chapter 475 and Section 444.075. The Bonds are being issued to finance improvements to the municipal water system including storage, well and treatment facilities. Financing these projects requires a bond issue in the amount of $3,590,000. The proposed finance plan consists of the following sources and uses of funds: SOURCES Par Amount of Bonds $3,590,000 Up-Front Revenue 0 USES Project Costs $3,504,900 Costs of Issuance 30,100 Discount 55,000 Capitalized Interest 0 Other 0 Total Sources $3,590,000 Total Uses $3,590,000 The above costs reflect construction bids received by the Utilities Commission. Page 2 Bond Sale Report STRUCTURE AND REPAYMENT The Bonds are general obligations of the City and as such are secured by a pledge of the City's full faith, credit, and taxing powers. It is the intent of the City to pay the entire amount of principal and interest from net revenues of the municipal water system. The preliminary projection of debt service and revenues for the Bonds appears in the table below. Date 2/1/2002 2/1/2003 2/1/2004 2/1/2005 2/1/2006 2/1/2007 2/1/2008 2/1/2009 2/1/2010 2/1/2011 2/1/2012 2/1/2013 2/1/2014 2/1/2015 2/1/2016 2/1/2017 2/1/2018 2/1/2019 2/1/2020 2/1/2021 2/1/2022 TOTAL Principal Rate Interest P&l 60,000 120,000 125,000 130,000 135,000 140,000 150,000 155,000 160,000 170,000 180,000 185 000 195 000 205 000 215 000 230 000 240 000 250 000 265 000 280 000 3.750% 3.850% 3.950% 4.050% 4.150% 4.300% 4.400% 4.550% 4.700% 4.850% 4.950% 5.100% 5.100% 5.200% 5.200% 5.250% 5.250% 5.300% 5.350% 5.400% 233 953.33 173 215.00 168 595.00 163 657.50 158 392.50 152 790.00 146 770.00 140 170.00 133,117.50 125,597.50 117,352.50 108,442.50 99,007.50 89,062.50 78,402.50 67,222.50 55,147.50 42,547.50 29,297.50 15,120.00 293 953.33 293 215.00 293 595.00 293 657.50 293 392.50 292 790.00 296 770.00 295 170.00 293 117.50 295 597.50 297 352.50 293,442.50 294,007.50 294,062.50 293,402.50 297,222.50 295,147.50 292,547.50 294,297.50 295,120.00 3,590,000 2,297,860.83 5,887,860.83 Fiscal Annual Year Revenue 2001 2002 293,953 2003 293,215 2004 293,595 2005 293,658 2006 293,393 2007 292,790 2008 296,770 2009 295,170 2010 293,118 2011 295,598 2012 297,353 2013 293,443 2014 294,008 2015 294,063 2016 293,403 2017 297,223 2018 295,148 2019 292,548 2020 294,298 2021 295,120 Doted 10/01/2001 Delivery Dote 10/01/2001 First Coupon Dote 8/01/2002 Costs to finance 3,504,900 Water tower 1,844,000 Wall # 7 178,400 Wl'P # 7 1,482,500 Bond Year Dollars 45,062 Costs of issuance 30,100 Average Life 12.552 Years Discount 55,000 Average Coupon 5.09937% Capitalized interest 0 Net Interest CoSt (NIC) 5.21887% Other 0 True Interest CoSt (TIC) 5.22637% Total issue 3,590,000 The traditional bond sale process has scheduled the sale on a date coinciding with a regular City Council meeting. To get the best possible bids, it is necessary to receive and accept the bids on the same day. Since most local governments meet on Monday and Tuesday, the bond market can get crowded on these days. For example, on August 20 Ehlers alone conducted sales for seven separate issues. Heavy volume may produce negative results for issuer through increased interest rates and loss of bidders. Page 3 Bond Sale Report To help the City achieve the lowest possible interest rates, we are proposing an alternative sale process. The process will begin with a traditional approach. We will schedule the sale for Council meeting date of September 17, 2001. Ehlers will monitor the market for all scheduled sales and other relevant factors. If we believe that the City will be better served by an alternative date, we will propose an alternative sale date. In adopting the resolution calling for the sale of bonds (attached to this report), the City Council authorizes the City Administrator to change the sale date and authorizes the City Administrator and the Mayor to accept the low bid on that date. The bond resolution would be brought to the City Council for ratification at the next scheduled meeting. We believe that the flexibility created by this approach will help the City achieve the lowest interest costs for the debt. The process maintains good administrative oversight on the process. The Bonds will be dated October 1, 2001. The first interest payment on the Bonds will be August 1, 2002, and semiannually thereafter on February 1 and August 1. Principal on the Bonds will be due on February 1 in the years 2003 through 2022. We recommend that Bonds maturing in the years 2011 through 2022 be subject to prepayment at the discretion of the City on February 1, 2010 and any date thereafter. Page 4 Bond Sale Report OTHER CONSIDERATIONS Bank Qualified Bonds We anticipate that the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501 (c)3 corporations) will not issue more than a total of $10,000,000 in tax-exempt debt during this calendar year. This will allow the Bonds to be designated as bank qualified. Bank qualified status broadens the market and achieves lower interest rates. Arbitrage Rebate: Since the City does not anticipate issuing more than $5,000,000 in tax-exempt bonds in this calendar year, the Bonds qualify for the small issuer exemption from arbitrage rebate. Ongoing: This exemption from rebate does not eliminate the need to comply with other arbitrage regulations governing the investment of bond proceeds and debt service funds. In particular, the City should become familiar with the requirements for maintaining a "bona fide" debt and the potential need to restrict the investment of monies in the debt service fund. These requirements will be explained in the bond record book received following closing. Global Book Entry The Bonds will be global book entry. As "paper less" bonds, you will avoid the costs of bond printing and annual registrar charges. The City will designate a Paying Agent for the issue. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. Rating Moody's Investors Service will be asked to rate this issue. The City currently has an "A3" rating on its outstanding general obligation bonds. Ehlers will work with City staffto prepare and conduct the rating review for this issue. Continuing Disclosure Regulations of the Securities and Exchange Commission on the continuing disclosure of municipal securities apply to long-term securities with an aggregate principal amount of $1,000,000 or more. Since aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the Bonds annually and to provide notices of the occurrence of certain material events. In preparing for the sale of the Bonds, Ehlers will work with Staffand Bond Counsel to draft the certificate that describes the requirements for continuing disclosure related to this issue. Page 5 Bond Sale Report Existing Debt Ehlers' routinely monitors outstanding debt to advise the City on refinancing opportunities. The feasibility of refinancing is influenced by both market conditions and the terms of each bond issue. At this time, none of your existing bond issues merit refunding. ISSUING PROCESS Following is a tentative schedule for the steps in the issuing process. August 14, 2001 August 27 Week of September 4 Week of September 11 September 17, 2001 Week of October 8, 2001 Utilities Commission approves finance plan and requests City issue bonds City Council adopts resolution calling for the sale of the Bonds. Distribute Official Statement Receive credit rating Bond sale (Unless changed by the City Administrator) Bond closing (estimated) Page 6 Bond Sale Report TERMS AND CONDITIONS OF ISSUE $3,590,000 G.O. Water Revenue Bonds, Series 200lA DATE: ISSUER: BOND NAME: BOND ATTORNEY: PURPOSE: August 27, 2001 City of Elk River, Minnesota $3,590,000 G.O. Water Revenue Bonds, Series 200lA Briggs & Morgan (Jim O'Meara) Finance improvements to the municipal water system including storage, well and treatment facilities. Sale Date: Est. Closing Date: Proposal Opening: Proposal Award: Type of Sale: Bonds Dated: Maturity: Term Bond Option: First Interest: September 17, 2001' *The City Administrator, in consultation with the financial advisor, may determine that it is in the best interests of the City to receive proposals for the sale of the Bonds on a different date. If the City Council does not meet on the date that proposals are received, then the City Administrator and the Mayor are authorized to accept the low bid. October 8, 2001. 11:00 a.m., office ofEhlers & Associates, Inc. 6:00 p.m., City offices. The time may be changed if proposals are not received on September 17. Competitive. October 1, 2001. February 1 in the years 2003-2022. All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. August 1, 2002. Interest will be computed on the basis of a 360-day year of twelve 30-day months and will be Bond Sale Report Call Feature: Minimum Proposal: Good Faith: Record Date: CUSIP Numbers: Paying Agent: Book Entry: Financial Advisor: Rating Requested: Bank Qualified: Continuing Disclosure: rounded pursuant to rules of the MSRB. Bonds maturing in the years 2011 through 2022 will be subject to redemption prior to final maturity on February 1, 2010 and on any date thereafter. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registration books. $3,535,000. $71,800, payable to the Issuer (Cashiers or Certified Good Faith Check or wire transfer of funds to Ehlers Good Faith Escrow or financial surety bond. Close of business on the 15th day (whether or not a business day) of the immediately preceding month. The Issuer will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. To be named by the Issuer. This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Ehlers & Associates, Inc. Moody's Investors Service. Yes. Full Undertaking. RESOLUTION NO. Resolution Providing for the Sale of $3,590,000 G.O. Water Revenue Bonds, Series 2001A BE IT RESOLVED by the City Council (the "City Council") of the City of Elk River, Minnesota (the "City") as follows: 1. Background l. 1. The Elk River Municipal Utilities has heretofore determined that it is necessary and expedient to undertake improvements to the municipal water system including storage, well and treatment facilities and has requested the City to issue $3,590,000 G.O. Water Revenue Bonds, Series 200lA (the "Bonds"), to finance said improvements. 1.2. The City has designated Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). 2. Action 2.1. Authorization; Findings. The City hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2.2. Meeting; Proposal Opening, The City Council shall meet at the time and place to be specified in the Terms of Proposal for the purpose of considering proposals for, and awarding the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 1, the City Administrator, in consultation with Ehlers, may determine that it is in the best interests of the City to receive proposals for the sale of the Bonds on a different date that stated in the Terms of Proposal. The City Administrator is authorized to change the date to receive proposals for the sale of the Bonds. If the City Council does not meet on the date that proposals are received, then the City Administrator and the Mayor are authorized to accept the low bid. In such case, the resolution awarding the sale send setting the terms of the Bonds shall be presented to the City Council for ratification at its next meeting. 2.3. Terms of Proposal. The terms and conditions of the Bonds and the sale thereof as set forth in the Bond Sale Report are hereby approved. 2.4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the Cityupon its completion. this 27th day of Augnst 2001. Adopted Sandra Peine, City Clerk Stephanie Klinzing, Mayor