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HomeMy WebLinkAbout5B - Sale of $1,065,000 in General Obligation Bonds . Preliminary Official Statement (Dated October 2, 1997) I Moody's Rating: City of Prior Lake, Minnesota (Scott County) $1,065,000 General Obligation Improvement Bonds of 1997 Interest Payable: 6-1-98 and semiannaully thereafter Call Option: 12-1-04 @ 100 REGISTRA TIONIBOOK ENTRY: 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, to which prinicpal and interest payments on the Bonds will be made. Individual purchases will be made in book -entry form only, in the principal amount of$5 ,000 or any whole mulitple thereof. Purchasers of Bonds will not receive physical delivery of bond certificates. Please see "Book-Entry Only System" herein for additional information. DATE, TIME and PLACE of OPENING Monday, October 20, 1997 11:30 A.M., C.T. Juran & Moody Minneapo lis '" . . St. Paul Prior Lake DATE, TIME and PLACE of AWARD Monday, October 20, 1997 7:30 P.M., c.T. Fire Hall 1677 6 Fish Point Road SE Prior Lake, Minnesota 55372 In the opinion of Briggs and Morgan, Professional Association, Bond Counsel, based on present federal and Minnesota laws, regulations, rulings and decisions, at the time of their issuance and delivery to the original purchaser, interest on the bonds is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions). Interest on the bonds is not an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations; however, interest on the bonds is taken into account in determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations. No opinion will be expressed by Bond Counsel regarding other state or federal tax consequences caused by the receipt or accrual of interest on the bonds or arising with respect to ownership of the bonds. See 'Tax Exemption and Other Tax Considerations" herein. ~ JURAN & MOODY, a division of MILLER, JOHNSON & KUEHN, INCORPORATED 1100 Minnesota World Trade Center, 30 East Seventh Street, St. Paul, Minnesota 55101 (612) 224-1500 TABLE OF CONTENTS Page Summary of Offering. ....... ...... ....... ...... ............. ...... ... .... ... .......... ... ..... ....... 2 Principal City Officials......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Is sue r' s C e rt i f i cat e. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Terms of Proposals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 - 10 Authority and Security for the Bonds............................................................ 11 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Statutory Debt Limit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Estimated Source and Application of Funds..................................................... 13 Future Financing....................................................................................... 14 Bond Rating... ............ .......................... ................................................... 14 Litigation .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Legality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Continuing Disclosure................................................................................. 15 Book-Entry Only System............................................................................ 16 Tax Exemption and Other Tax Considerations....... ...... .............................. .. .. ... 17 - 18 The City of Prior Lake (General Information).................................................. 19 - 25 Minnesota Valuations, Tax Credits and Levy Limitations.............................. ......26 - 28 The City of Prior Lake (Economic and Financial Information) .... ............. .... ........29 - 37 Summary of Debt and Debt Statistics........................ ........... ......................... 38 Worksheet........................... .............. .......................................... ............ 39 Proposal Form................................... ... ..... ....... ....................................... 41 Appendix A - Proposed Form of Legal Opinion Appendix B - Form of Continuing Disclosure Undertaking Appendix C - City's Financial Report SUMMARY OF OFFERING $1,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997 (Book-Entry Only) AMOUNT - $1,065,000. ISSUER - City of Prior Lake, Minnesota. SALE DATE - Monday, October 20.1997. OPENING - 11:30 A.M. Central Time, at Juran & Moody, 1100 Minnesota World Trade Center. 30 East Seventh Street, St. Paul, Minnesota 55101-4901. AWARD - 7:30 P.M., Central Time, at the Prior Lake Fire Hall, 16776 Fish Point Road Southeast, Prior Lake, Minnesota 55372-1714. TYPE OF ISSUE - General Obligation Improvement Bonds of 1997. See Authority and Security for the Bonds and Estimated Source and Application of Funds for additional information. SECURITY & PURPOSE - These Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475 and payable primarily from special assessments against all benefitted property. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. These taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the Bonds is not includable in the gross income of the recipient for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. In addition, the proceeds of the $1,065,000 General Obligation Improvement Bonds of 1997, dated November I, 1997, will be used to provide funds for the financing of assessable improvements within the City for the following projects (i) Pike Lake Trail, (ii) Mush Town Road and (iii) County Road No. 42. Improvements include but are not limited to streets, sanitary sewer, water main & line extensions, storm sewer, sidewalks, and curb and gutter. DATE OF ISSUE - November I, 1997. INTEREST PAYABLE DATES - June 1, 1998 and semiannually thereafter on December I and June I to registered owners of the Bonds ap- pearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES - 12/01/98 12/01/99 $100,000 100,000 12/01/00 12/01/01 $100,000 100,000 12/01/02 12/01/03 $100,000 100,000 12/01/04 12/01/05 $100,000 115,000 12/01/06 12/01/07 $125,000 125,000 AVERAGE MATURITY - 5.80634 years. REDEMPTION FEATURE - At the option of the Issuer, Bonds maturing after December I, 2004, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the Bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each partic- ipant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of 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 registered books. BOOK-ENTRY SYSTEM - The general obligation bonds of 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, to which principal and interest payments on the Bonds will be made. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers of Bonds will not receive physical delivery of Bonds. PA YING AGENT & REGISTRAR - First Trust National Association, St. Paul, Minnesota. METHOD OF SALE - Sealed proposals only, accompanied by a good faith check in the amount of $21,300 at a price of not less than $1,045,830 and accrued interest. See Official Terms of Bond Sale herein for additional information. TAX DESIGNATIONS- NOT Private Activity Bonds - These Bonds are not "private activity bonds" as defined in 9141 of the Internal Revenue Code of 1986, as amended (the Code). Oualified Tax-Exemnt Oblil!ations - The Issuer will designate these Bonds "qualified tax-exempt obligations" for purposes of ~265(b)(3) of the Code. LEGAL OPINION - Briggs and Morgan, Professional Association, St. Paul and Minneapolis, Minnesota. RATING - The City currently hn a general obligation bond rating of "A2" from Moody's Investors Service. The City ~ applying for a rating on this issue to Moody's. ESTIMATED CLOSING DATE - November 11, 1997. PRIMARY CONTACTS - Frank Boyles, City Manager, (612) 447-4230. Ralph Teschner, City Finance Director, (612) 447-4230. Steven J. Manson, Vice President, Juran & Moody, (612) 224-1500 or (800) 950-4666. -2- CITY OF PRIOR LAKE PRINCIPAL CITY OFFICIALS Elected Officials City Council Name Position Lydia Andren Mayor Tom Kedrowski Council Member Wes Mader Council Member Jeannie Robbins Council Member Peter Schenck Council Member Appointed Officials Frank Boyles City Manager Ralph Teschner City Finance Director Campbell Knutson, P.A.- Suesan Lea Pace City Consulting Attorney Greg Ilkka City Engineer Bond Counsel Briggs and Morgan, Professional Association St. Paul and Minneapolis, Minnesota Bond Consultant Juran & Moody a division of Miller, Johnson & Kuehn, Incorporated St. Paul, Minnesota -3- Tenn Exvires 12/31/97 12/3 1/99 12/31/99 12/31/97 12/31/97 ISSUER'S CERTIFICATE This Official Statement has been prepared in conformance with the Disclosure Guidelines for offer- ings of municipal securities as promulgated by the Government Finance Officers Association (GFOA) of the United States and Canada, insofar as possible. The City of Prior Lake has retained the firm of Juran & Moody, St. Paul, Minnesota, to serve as financial advisor with respect to the securities being offered in this Official Statement. All state- ments contained herein, while not guaranteed, have been compiled from sources believed to be re- liable in all material respects. Financial statements of the City are audited annually by an independent firm of certified public ac- countants. Excerpts from the financial statements for the year ended December 31, 1996, along with comparative December 31, 1995 figures, are included in this Official Statement and complete financial statements are available for inspection at the Prior Lake City Hall as well as at the St. Paul office of Juran & Moody. The City of Prior Lake has always promptly met all payments of principal and interest on its in- debtedness when due. NO FINAL OFFICIAL STATEMENT WILL BE PREPARED. THE ISSUER WILL PROVIDE THE SUCCESSFUL UNDERWRITER WITH AN ADDENDUM THAT TOGETHER WITH THIS PRELIMINARY OFFICIAL STATEMENT WILL BE DEEMED THE FINAL OFFICIAL STATEMENT BY THE ISSUER. THE DATE OF THIS OFFICIAL STATEMENT IS OCTOBER 2, 1997. -4- OFFICIAL TERMS OF BOND SALE $1,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997 CITY OF PRIOR LAKE scon COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Manager, or designee, on Monday, October 20, 1997, at ll:30 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101-2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Prior Lake Fire Hall beginning at 2-:~ R.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through First Trust National Association, in St. Paul, -5- Minnesota (the "Registrar") to DTC or its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTCi transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: November 1, 1997. PURPOSE: For the purpose of providing money to finance the construction of various improvements in the Issuer. INTEREST PAYMENTS: June I, 1998, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 1998-2004 2005 2006-2007 $100,000 115,000 125,000 All dates are inclusive. Proposals 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 amount of principal maturing or subject to mandatory -6- redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 2004, shall be subject to prior payment on said date, and any interest pay7,ent cate thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. 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 registered books. CUSIP WUMBERS: 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 shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and -7- delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $1,045,830 and accrued interest on the principal sum of $1,065,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $21,300, payable to the order of the Finance Director of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Ralph Teschner Finance Director Prior Lake City Hall 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received -8- RATES: INFORMATION FROM PURCHASER: QUALIFIED TAX EXEMPT OBLIGATIONS: CONTINUING DIS- CLOSURE UNDERTAKING: by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer 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 ~he event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain -9- material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: September 2, 1997. BY ORDER OF THE CITY COUNCIL /s/ Frank Boyles City Manager Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 - 10- AUTHORITY AND SECURITY FOR THE BONDS $1,065.000 General Obligation Imvrovement Bonds of 1997 The $1,065,000 General Obligation Improvement Bonds of 1997, dated November 1, 1997, are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. At closing, Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that the Bonds are valid and binding general obligations of the City of Prior Lake, Minnesota. The Bonds will be payable primarily from special assessments against all benefitted property. In addition, the full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy addi- tional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. Furthermore, these taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the Bonds is not includable in the gross income of the recipi- ent for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. See Appendix A - Proposed Form of Legal Opinion. PURPOSE $1,065.000 General Obli~ation Imvrovement Bonds of 1997 The purpose of the $1,065,000 General Obligation Improvement Bonds, Series 1997, dated November 1, 1997, is to provide funds for the financing of assessable improvements within the City for the following projects (i) Pike Lake Trail, (ii) Mush Town Road and (iii) County Road No. 42. Improvements include but are not limited to streets, sanitary sewer, water main & line extensions, storm sewer, sidewalks, and curb and gutter. - 11 - STATUTORY DEBT LIMIT Minnesota Statutes, ~ 475.53, states that a city may not incur or be subject to a net debt in excess of two percent (2%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad valorem taxes. Computation of Legal Debt Margin as of October 2, 1997, plus this issue: 1996-1997 Estimated Market Value Times 2% of Estimated Market Value $ 627,072,200 x .02 Statutory Debt Limit $ 12,541,444 Amount of debt applicable to debt limit: Total debt applicable to debt limit $ 22,615,000* ( 10,000) ( 6,595,000) ( 310,000) ( 2,745,000) ( 450,000) ( 2,145.000) $ 10,360,000 $ 2,181 ,444 Total Bonded Debt (includes this issue) Less: General Obligation Sanitary Sewer Bonds General Obligation Improvement Bonds General Obligation Advance Refunding Bonds General Obligation Refunding Bonds General Obligation Crossover Refunding Bonds General Obligation Water and Sewer Revenue Bonds Legal debt margin * The outstanding $10,000 of the $180,000 General Obligation Sanitary Sewer Bonds of 1969, dated October 1, 1969, have not been deducted. The above-described issue will however be deducted from the bond indebtedness ratios since the bonds are being assumed by the Metropolitan Waste Control Commission. - 12- ESTIMATED SOURCE AND APPLICATION OF FUNDS $1,065,000 General Obligation Improvement Bonds of 1997 I. Source of Funds General Obligation Improvement Bonds of 1997 II. Application of Funds Estimated Costs to be Financed: Pike Lake Trail Mush Town Road County Road No. 42 Total Estimated Costs to be Financed Add Estimated Issuance Costs: [Bond counsel, paying agent/bond registrar (one time fee), bond rating fee and financial advisory services] Underwriter's Discount (1.80% of par) Total Issuance Costs Subtotal Add Rounding Factor Par Amount of Bond Issue - 13- $351,720 362,475 306,740 $ 24,625 19,170 $ 1,020,935 43,795 $1,064,730 270 $1,065,000 $1 ,065,000 FUTURE FINANCING The City does not anticipate the need to finance any capital improvements with the issuance of gen- eral obligation bonds for the remainder of 1997. BOND RATING The City currently has a general obligation bond rating of "A2" from Moody's Investors Service. The City is applying for a rating on this issue to Moody's. L1TIGA TION The City Consulting Attorney, Campbell Knutson, P.A. (Suesan Lea Pace), indicated as of September 22, 1997, that no litigation is pending or threatened that would jeopardize the creditwor- thiness of the City of Prior Lake. Claims or other actions in which the City is a defendant are cov- ered by insurance or of insignificant amounts. CERTIFICATION The City will furnish, upon request, a statement to the effect that this Official Statement to the best of their knowledge and belief, as of the date of sale and the date of delivery, is true and correct in all material respects, and does not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. LEGALITY Legal matters incident to the authorization and issuance of the Bonds are subject to the approving opinion of Briggs and Morgan, Professional Association, Bond Counsel, as to validity and tax ex- emption. A copy of such opinion will be available at the time of the delivery of the Bonds. See Appendix A - Proposed Form of Legal Opinion. Bond Counsel has not participated in the preparation of this Official Statement and is not passing upon its accuracy, completeness or sufficiency. Bond Counsel has not examined, nor attempted to examine, or verify, any of the financial or statistical statements or data contained in this Official Statement, and will express no opinion with respect thereto. - 14- CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 (the "Rule"), pursuant to the Award Resolution and a Form of Continuing Disclosure Undertaking to be executed on behalf of the City on or before Bond Closing, the City has and will covenant (the "Undertaking") for the benefit of holders of the Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events is set forth in the Form of Continuing Disclosure Undertaking in substantially the form attached hereto as Appendix B. The City has never failed to comply in all material respects with any previous under- takings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders will have an enforceable right to specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. The Issuer will covenant in the resolution awarding the sale of the Bonds and in a Form of Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial informa- tion, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Please see Appendix B - Form of Continuing Disclosure Undertaking for further information regarding continuing disclosure for the City of Prior Lake, Minnesota. - 15- BOOK-ENTRY ONLY SYSTEM The Depository Trust Company (the "DTC"), New York, New York, will act as securities deposi- tory for the Bonds. Upon issuance of the Bonds, one fully registered Bond will be registered in the name of Cede & Co., as nominee for DTC, for each maturity of the Bonds as set forth on the cover page hereof, each in the aggregate principal amount of such maturity. So long as Cede & Co. is the registered owner of the Bonds, references herein to the Owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the Bonds. DTC is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of S 17 A of the Securities Exchange Act of 1934, as amended. DTC was created to hold securities of its participants (the "DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities Bonds. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations, some of whom (and/or their representatives) own DTC. Access to the DTC system is also available to others such as banks, brokers, dealers, and trust companies that clear through or maintain a custodial relationship with DTC Participants, either directly or indirectly (the "Indirect Participants"). The interest of each of the Beneficial Owners of the Bonds will be recorded through the records of a DTC Participant or Indirect Participant. Each DTC Participant will receive a credit balance on the records of DTC. Individual purchases will be made in the denomination of $5,000 or any whole multiple thereof. Beneficial owners of Bonds will receive a written confirmation of their purchases providing details of the Bonds acquired. Beneficial owners of Bonds will not receive Bonds repre- senting their ownership interest in the Bonds, except as specifically provided below. Transfers of beneficial ownership interest in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC Participants who act on behalf of the Indirect Participants and the Beneficial Owners of Bonds. For every transfer and exchange of beneficial ownership of Bonds, the beneficial owner may be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. The City will make payments of principal and interest on the Bonds to DTC or its nominee, Cede & Co., as registered owner of the Bonds. Upon receipt of moneys, DTC's current practice is to immediately credit the accounts of the DTC Participants in accordance with their respective hold- ings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices such as those which are now the case for municipal securities held in bearer form or registered in "street name" for the accounts of customers and will be the responsibility of such DTC Participants or Indirect Participants and not the responsibility of DTC or the Issuer, subject to any statutory and regulatory requirements as may be in effect from time to time. - 16- TAX EXEMPTION AND OTHER TAX CONSIDERATIONS Tax Exemption At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legisla- tion which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institu- tions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alterna- tive minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current earnings for purposes of computing the alternative minimum tax imposed on certain corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the Issuer with all requirements of the Internal Revenue Code of 1986, as amended, (The "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The Issuer will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under ~ 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. Proverty and Casualty Insurance Comvanies Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax-exempt interest such as interest on the Bonds. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits," adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under ~ 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporations is passive investment income. - 17- Qualified Financial Institutions Prior to adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt bonds purchased after August 7, 1986. However, the Issuer will designate the Bonds as "qualified tax- exempt obligations" pursuant to S265(b)(3) of the Code that will permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. See "Qualified Tax-Exempt Obligations" below. Social Security and Railroad Retirement Benefits Certain recipients of social security benefits and railroad retirement benefits are required to include a portion of such benefits within gross income by reason of receipt of interest on tax exempt obli- gations, including the Bonds. Exclusion Not Constitutionally Required: Pending Legislation The United States Supreme Court ruled in 1988 that the exclusion from gross income of interest on state and local bonds is not required by the United States Constitution. The Constitution of the State of Minnesota likewise does not require the exclusion from gross income or taxable net in- come of interest on bonds of Minnesota issuers. Hence, future federal and/or state laws could cause the inclusion of interest on bonds, including the Bonds, in gross income of taxable net in- come, or could otherwise cause such interest to be taxed or to be included in the calculation of other income which is taxed. Oualified Tax-Exempt Obligations The Issuer will designate the Bonds as "qualified tax-exempt obligations" for purposes of S265(b)(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is alloca- ble to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 8, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. General The preceding is not a comprehensive list of all federal tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may oth- erwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recip- ient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. Bond Counsel expresses no opinion regarding any such con- sequences. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. - 18- THE CITY OF PRIOR LAKE GENERAL INFORMATION Access and Transportation The City of Prior Lake, situated in north central Scott County, is located approximately 24 miles southwest of Minneapolis and is part of the Twin Cities Metropolitan Area. Prior Lake is bordered by the cities of Shakopee on the north and Savage on the east. Access is provided via State Highway 13 as well as County Roads 12, 21, 23, 39, 42, 44, 81, 82 and 87. In addition, Interstate Highway 35 and 494 lie just five and seven miles east and north of the City, respectively. There are approximately 66.5 miles of paved residential streets within the City's corporate limits. Tax Base For taxes collectible in 1997, the tax breakdown is 73.11 % residential homestead (non-agriculture), 1.15% agricultural, .37% public utility, 10.29% commercial & industrial, 10.61 % non-homestead residential, 1.42% seasonal recreational and 3.05% personal property. Area 10,240 Acres (16 Square Miles) Population 1970 Census 1980 Census 1990 Census 01101/97 Estimate 1,114 7,284 11,682 14,000 Municipal Facilities Revenue Producin~ Facilities: The Waterworks System has approximately 4,534 municipal connections and consists of two ele- vated water storage facilities with a combined total of 1,750,000 gallons. There are three municipal wells that have the capacity to pump 3,900 gallons per minute or 5,616,000 gallons per day. Average demand is 1,900,000 gallons per day while peak demand reaches 3,300,000 gallons per day. Total tap water hardness is 19 parts per million. The Sewer System has approximately 4,544 municipal connections. The sanitary sewer disposal needs are served by the Metropolitan Waste Control Commission with 27 lift stations. Average demand is 23,000,000 gallons per day while peak demand reaches 60,000,000 gallons per day. - 19- The 1996 audited gross water and sewer utility operating revenues were $2,188,673 with the average water and sewer utility charge per year per household and commercial connection at approximately $482. The 1996 residential and industrial water rate is $1.15 per thousand gallons. The 1996 sewage use charge for Metropolitan Council Environmental Service1 is 1.32 per thou- sand gallons and the City residential charge is $2.85 per thousand gallons. Other Municival Services: Fire & Rescue Department. The City currently has a 38-member volunteer fire and rescue depart- ment consisting of one tanker, two fire trucks, an aerial fire truck, two pumpers, two ambulances, one rescue truck and other miscellaneous fire fighting and rescue equipment. Police Department. The City operates its own police department with one chief of police, one lieu- tenant, three sergeants, two detectives, twelve officers, one part-time community service officer and four secretaries-two full-time and two part-time. In addition, the Department owns and oper- ates a total of twelve utility, marked and unmarked police vehicles. ParkslRecreation. The City currently operates approximately 464 acres of park space comprised of 31 designated park sites plus a 70-acre athletic complex. Facilities include an indoor swimming pool, enclosed picnic shelters with picnic tables, walking/snowmobiling/cross-country ski trails, hockey/skatinglbroomball rinks, basketball courts, baseball/softball fields, football fields and gen- eral playground equipment. City Government The City of Prior Lake, organized in 1891, is a Minnesota Statutory City with an Optional Plan B form of government. It has a mayor elected at large for a four-year term and four council members also elected at large for four-year terms. The professional staff is appointed and consists of a city manager, city finance director, city consulting attorney and city engineer. Employee Pension Programs The City employs 71 people-65 full-time and 6 part-time. The pension plan covers 71 of the City's employees. The City participates in contributory pension plans through the Public Employees Retirement Association (PERA) under Minnesota Statutes, Chapter 353, which covers substantially all em- ployees except those qualifying as temporary or seasonal employees. This plan is a state adminis- tered plan and is coordinated with the Federal Social Security Retirement Plan (FICA). State statute requires the City to fund current service pension cost as it accrues. Prior service cost is being amortized over a period of 40 years and is being funded by payment determined as a portion of gross wages paid by all employers participating in the State Association. The amount of unfunded prior service cost attributed to individual reporting entities is not determinable. The City's contributions to PERA for the past five years have been as follows: 1996 1995 1994 1993 1992 $ 177,354 170,012 152,499 146,149 129,744 The Metropolitan Council Environmental Service (MCES) issues a fee that is assessed to the City for treating the City's sewage system. - 20- The volunteer firemen of the City are eligible for pension benefits through membership in the Prior Lake Firemen's Relief Association organized under Minnesota Statutes, Chapter 69, and administered by a separate Board elected by the membership. This plan is funded by state aids, in- vestment earnings and City contributions. State statute requires this plan to fund current service cost as it accrues and prior service cost to be amortized over a period of ten years. All members of the Prior Lake Fire Department who have served for at least 20 years and have reached the age of 50 years shall be paid a pension equal to the sum of $2,200 per year of service. Volunteers who have served a minimum of 10 years but less than 20 years shall be paid a pension at age 50 according to the following schedule: 10 years - 60% 11 years - 64% 12 years - 68% 13 years - 72% 14 years - 76% 15 years - 80% 16 years - 84% 17 years - 88% 18 years - 92% 19 years - 96% 20 years - 100% Residential Development There are approximately 4,019 single-family homes and 908 multifamily units located within the City. In addition, there have been 238 single-family homes and 19 multifamily units constructed within the past twelve months. The status of residential subdivisions constructed or planned within the past three years is as follows: Number of Year Status Subdivision Name Dwellings Constructed (% Developed) Cardinal Ridge-2nd Addition 47 1994 98% Complete Raspberry Ridge-2nd Addition 27 1994 63% Complete Sterling North 18 1994 22% Complete Sterling South 88 1994 2 % Complete Villas at the Wilds 15 1994 20% Complete Cardinal Ridge-3rd Addition 39 1995 95% Complete Cardinal Ridge-4th Addition 41 1995 85% Complete Knob Hill 49 1995 39% Complete Preserve at The Wilds 9 1995 0% Complete Westbury Ponds-l st Addition 36 1995 61 % Complete Westbury Ponds-2nd Addition 7 1995 88% Complete Wilderness Ponds 49 1995 43% Complete Windsong on the Lake-2nd Addition 7 1995 14% Complete Woodridge Estates-3rd Addition 33 1995 15% Complete Eagle Creek Villas 45 1996 58% Complete Cardinal Ridge-4th Addition 35 1996 43% Complete Pheasant Meadows 24 1996 8% Complete The Wilds-2nd Addition 24 1996 8% Complete West Edge Estates-2nd Addition 12 1996 100% Complete Westbury Ponds-3rd Addition 17 1996 24% Complete - 21 - The following pending residential subdivisions that are either in the preliminary or final stages for 1997 are as follows: Subdivision Name Number of Dwellings Year Constructed Cardinal Ridge-5th Addition (final) Knob Hill North (preliminary) Maple Hills-2nd Addition (preliminary) The Wilds-3rd Addition (final) Wilderness Ponds-2nd Addition (final) Windstar Addition (preliminary) 38 27 28 56 45 21 1997 1997 1997 1997 1997 1997 Industrial Park(s) Status (% Developed) N/A N/A N/A N/A N/A N/A The City of Prior Lake has two industrial parks totaling approximately 100 acres. Currently there are 15 enterprises occupying the parks, the larger of which include Scott Rice Telephone, E.M. Products, Keyland Homes and Prior Lake Machine. Commercial/Industrial Development Building construction and commercial/industrial growth completed within the past three years have been as follows: Description of Construction New Construction Under Construction New Construction Office Expansion Office Expansion New Construction New Construction New Construction New Construction Store Expansion Millwork Expansion New Construction New Construction New Construction New Construction New Construction New Clubhouse Name American GlasslMetro Cabinets Award Printing1 Becker Arena Products Carol's Furniture1 City of Prior Lake1 Commerce Building E.M. Products Fairview Medical Clinic Great Clips Beauty Salon Holiday Station! Keyland Homesl NBC Products North Lake Office Complex Prior Lake Mini-Storage Speiker Building Video Update Wilds Clubhouse (permanent)! Pending plans for commercial/industrial development include the construction of (i) Lemke Office Building constructing additional office space and (ii) Park-Nicollet Medical Clinic, a provider of medical services, constructing a new medical building. Product/Service Glass Replacement/Cabinets Printing Publication Company Ice Arena Mfg. Products Retail City Maintenance Garage Office Space Industrial Generator Muffler Medical Services Hair Products Gas/Convenience Construction Company Air Filtration Systems Office Space Storage Facility Office Space Retail Video Store Golf Course 1 New building construction completed within the past twelve months. - 22- .' Building Permits Building permits issued for the past five years and a portion of the current year have been as follows: Commercial/ Industrial Residential Total Total Number of Number Number Permit Year of Permits of Permits of Permits Valuation 1997 (as of 08/31/97) 72 394 466 $ 22,263,221 1996 60 600 660 49,578,102 1995 60 505 565 38,555,777 1994 38 517 555 34,522,273 1993 26 420 446 25,653,479 1992 10 324 334 15,906,528 Financial Institutions Financial services are provided by First Bank National Association (branch of Minneapolis), Marquette Bank, National Association (branch of Golden Valley), Prior Lake State Bank and South Metro Federal Credit Union. Prior Lake State Bank's reported deposits as of December 31, 1996, are $71,050,000. Reported deposits for First Bank National Association and Marquette Bank, National Association are not available at this time. Total assets for South Metro Federal Credit Union are $10,764,000 as of December 31, 1996. All deposits and assets were reported from the latest edition (Spring 1997) of the McFadden Upper Midwest Financial DirectoryTM. Schools The City of Prior Lake is served by Independent School District No. 0719, Prior Lake and Independent School District No. 0720, Shakopee. Independent School District No. 0719, Prior Lake, operates one early childhood and kindergarten school, Ponds Edge, with a 1996/1997 enrollment of approximately 295. The District also operates three elementary schools, Five Hawks Elementary, grades three and four, Grainwood Elementary, grades five and six, and Westwood Elementary, grades one and two; a junior high school, grades seven and eight; and a senior high school, grades nine through twelve. The 1996/1997 combined enrollment at the five schools is ap- proximately 3,697. Independent School District No. 0720, Shakopee, operates two elementary schools, grades kindergarten through four, one elementary school, grades five and six, a junior high school, grades seven through nine and a senior high school, grades ten through twelve. The 1996/1997 combined enrollment at the five schools is approximately 3,162. In addition, there are three parochial schools located within Prior Lake-(i) Prior Lake Christian, (ii) St. Michael's Catholic and (iii) St. Paul's Lutheran. Prior Lake Christian consists of grades kindergarten through twelve and has an enrollment of 55, St. Michael's Catholic is comprised of grades kindergarten through eight with an enrollment of 372 and St. Paul's Lutheran operates grades kindergarten through six with an enrollment of 33. Furthermore, St. Michael's Catholic and St. Paul's Lutheran are accredited by the Minnesota Nonpublic School Accrediting Association. - 23- Post secondary education is available at the following schools: School Hennepin Technical College Normandale Community College University of Minnesota University of St. Thomas ~ Technical College Community College Public University Private University Location Distance from Prior Lake 9 Miles 9 Miles 20 Miles 28 Miles Eden Prairie, Minnesota Bloomington, Minnesota Minneapolis, Minnesota St. Paul, Minnesota Major Employers The City has 40 retail or commercial enterprises in the downtown area employing an estimated 250 people. In addition, there is one 84,000 square foot shopping center located within the City with 19 stores employing approximately 80 people. The following is a list of the ten largest employers within the City: Commercial/Industrial Product/Service Entertainment Public Education Grocery Store City Government Real Estate Financial Services Grocery Store Computer Sales Communications Noise Abatement Number of Employees 3,700 549 155 71 40 40 40 36 31 29 Mystic Lake Casino ISD No. 0719, Prior Lake County Market City of Prior Lake1 Edina Realty Prior Lake State Bank Radermacher's Super Value Norex Corp. Scott Rice Telephone2 E.M. Products2 (Remainder of page left intentionally blank.) 1 Constitutes 65 full-time and 6 part-time employees. 2 Located within one of the City's industrial parks. - 24- Largest Taxpayers The following is a list of the ten largest taxpayers within the City as reported by Scott County: Percent of 1996-1997 Real Property Estimated 1996-1997 To Net Property Market Net Tax Tax Capacity Name Class Value Caoacity ($9,967,539)t MN Valley Electric Cooperative Gas Utility $2,297,800 $175,918 1.76% Northern State Power Company Gas Utility 2,108,500 154,942 1.55 Minnesota Gas Company Water Utility 2,161,900 139,464 1.40 Individual Industrial 1,685,600 106,510 1.07 Midway National Bank Apartment 1,700,000 81,144 .81 Individual Industrial 1,249,800 78,420 .79 David Carlson Companies ResidentialJ Industrial 2,277,800 73,382 .74 Kestrel Properties LLP Apartment 2,618,500 66,124 .66 Prior Lake State Bank Residential 1,028,400 63,968 .64 Restan LLP Agricultural 1,059,400 62,824 .63 (Remainder of page left intentionally blank.) t Before the tax increment and fiscal disparity adjustments. - 25- MINNESOTA VALUATIONS. TAX CREDITS AND LEVY LIMITATIONS Market Value According to Minnesota Statutes, Chapter 273, all real property subject to taxation is to be ap- praised at maximum intervals of four years. All real property becoming taxable in any year is listed at its estimated market value on January 2 of that year. The estimated market value is the County Assessor's appraisal of the worth of the property. Indicated Market Value The Minnesota Department of Revenue conducts the Real Estate Assessment/Sales Ratio Study to accomplish equalization of property valuation in the State of Minnesota and to determine the prob- able selling price of a property. The study is a three-year average of sale prices as related to the lat- est assessor's estimated market value. The indicated market value is determined by dividing the es- timated market value by the Assessment/Sales Ratio for the city as determined by the Department of Revenue. Net Tax Capacity Starting with taxes payable in 1990, net tax capacity replaced gross tax capacity as the measure of taxable value. To determine net tax capacity, the estimated market value is multiplied by a factor called "class rate," that varies depending on the use of the property. Net tax capacity differs from gross tax capacity primarily in setting lower values for homesteaded residential and agricultural properties. Net tax capacity is multiplied by the "local tax rate" to determine taxes payable. Tax Cycle Minnesota local government ad valorem property taxes are extended and collected by the various counties within the state. The process begins in the fall of every year with the certification, to the county auditor, of all local taxing districts' property tax levies. Local tax rates are calculated by di- viding each taxing district's levy by its net tax capacity. One percentage point of local tax rate rep- resents one dollar of tax per $100 net tax capacity. A list of taxes due is then prepared by the county auditor and turned over to the county treasurer on or before the first Monday in January. The county treasurer is responsible for collecting all property taxes within the county. Real estate tax statements are to be mailed out no later than January 31 and personal property tax statements no later than February 15. The due dates for payment of real property taxes are one-half on or before May 15 and one-half on or before October 15. Personal property taxes become due one-half on or before February 28 and one-half on or before June 30. Following each settlement (March 5, June 5, and November 5 of each year), the county treasurer must redistribute property tax revenues to the local taxing districts in proportion to their tax capac- ity ratios. Delinquent property taxes are penalized at various rates depending on the type of prop- erty and the length of delinquency. Tax Credits Prior to 1990, taxes on homestead residential and agricultural property were reduced by a direct subsidy to the taxpayer. Beginning in 1990, the homestead credit has been eliminated. The state subsidy is now accomplished through lower class rates to homesteaded classifications of property and increased state aids paid directly to local taxing districts. This new system is intended to have generally the same impact as the former homestead credit system. - 26- Tax Leviesfor General Obligation Bonds (Minnesota Statutes, ($475.61) The governing body of any municipality issuing general obligations shall, prior to delivery of the obligations, levy by resolution a direct general ad valorem tax upon all taxable property in the mu- nicipality to be spread upon the tax rolls for each year of the term of the obligations. The tax levies for all years shall be specified and such that if collected in full they, together with estimated collec- tions of special assessments and other revenues pledged for the payment of said obligations, will produce at least five percent in excess of the amount needed to meet when due the principal and in- terest payments on the obligations. Such resolution shall irrevocably appropriate the taxes so levied and any special assessments or other revenues so pledged to the municipality's debt service fund or a special debt service fund or account created for the payment of one or more issues of obligations. The governing body may, at its discretion, at any time after the obligation have been authorized, adopt a resolution levying only a portion of such taxes, to be filed, assessed, extended, collected and remitted as hereinafter provided, and the amount or amounts therein levied shall be credited against the tax required to be levied prior to delivery of the obligations. The recording officer of the municipality shall file in the office of the county auditor of each county in which any part of the municipality is located a certified copy of the resolution, together with full information regarding the obligations for which the tax is levied. No further action by the munici- pality is required to authorize the extension, assessment and collection of the tax, but the munici- pality's liability on the obligations is not limited thereto and its governing body shall levy and cause to be extended, assessed and collected any additional taxes found necessary for full payment of the principal and interest. The auditor shall annually assess and extend upon the tax rolls the amount specified for such year in the resolution, unless the amount has been reduced as authorized below or, if the municipality is located in more than one county, the portion thereof that bears the same ratio to the whole amount as the tax capacity value of taxable property in that part of the municipal- ity located in his county bears to the tax capacity value of all taxable property in the municipality. Tax levies so made and filed shall be irrevocable, except that if the governing body in any year makes an irrevocable appropriation to the debt service fund of moneys actually on hand or if there is on hand any excess amount in the debt service fund, the recording officer may certify to the county auditor the fact and amount thereof and the auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. All such taxes shall be collected and remitted to the municipality by the county treasurer as other taxes are collected and remitted, and shall be used only for payment of the obligations on account of that levied or to repay advances from other funds used for such payments, except that any sur- plus remaining in the debt service fund when the obligations and interest thereon are paid may be appropriated to any other general purpose by the municipality. Levy Limitations The 1997 Minnesota Legislature (Laws 1997, Chapter 231, Article 3) established levy limitations for all counties and for all cities over 2,500 population which will be effective for taxes collected in 1998 and 1999. The computations of levy limits were determined by the Commissioner of Revenue and will are available for each City and County as of August 1, 1997. The levy limits will not apply to certain "special levies" which will include levies to pay debt service. See Property Tax Classifications on following page for partial summary of 1997/1998 class rates percentages. Class Rate The factors (class rates) for converting estimated market value to net tax capacity represent a basic element of the State's property tax relief system and are therefore subject to annual revisions by the State Legislature. - 27- The following is a partial summary of these factors: Property Tax Classifications 1994/1995 1995/1996 1996/1997 1997/1998 Class Rate Class Rate Class Rate Class Rate Type of Prooerty Percent Percent Percent Percent Residential Homestead Under $72,000 1.000% 1.000% 1.000% Over $72,001 2.000 2.000 2.000 Under $75,000 1.000% Over $75,001 1.850 CommerciallIndustrial Public Utility Under $100,000 3.000 3.000 3.000 Over $100,001 4.600 4.600 4.600 Under $150,000 2.700 Over $150,001 4.000 Agricultural Property Homestead: House, Garage & 1 Acre Under $72,000 1.000 1. 000 1.000 Over $72,001 2.000 2.000 2.000 Under $75,000 1. 000 Over $75,001 1.850 Remainder to 320 Acres Under $115,000 .450 .450 .450 .400 Over $115,001 1. 000 1. 000 1.000 .900 Over 320 Acres Under $115,000 .450 .450 .450 .400 Over $115,001 1.500 1.500 1.500 1. 400 Non-Homestead: House, Garage, 1 Acre 2.300 2.300 1.500 1.400 LandfTimberland 1.500 1.500 1.500 1.400 Residential Non-Homestead Apartments: 1 to 3 units 2.300 2.300 2.300 1 Unit 1.900 2 or 3 units 2.100 4 or more units 3.400 3.400 3.400 2.900 Small cities less than 5,000 population with 4 or more units 2.300 2.300 2.300 Seasonal Recreational Non-Commercial: Under $72,000 2.000 2.000 1.750 Over $72,001 2.500 2.500 2.500 Under $75,000 1.400 Over $75,001 2.500 Commercial (i.e. resorts) 2.300 2.300 2.300 2.100 Vacant Land * (See Footnote) *(See Footnote) * (See Footnote) 2.100 * (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance). - 28- THE CITY OF PRIOR LAKE ECONOMIC AND FINANCIAL INFORMATION Valuations Real Property Personal Property (Tax Increment Deduction) Fiscal Disparities* (Contribution to Pool) Distribution from Pool Estimated Market Value 1996-1997 $ 620,250,800 6,821,400 Net Tax Capacity 1996-1997 $ 9,967,539 313,784 140,028) ( ( 454,017) 1.236.663 $10,923,941 Total Valuation $ 627,072,200 Market Value After Sales Assessment Ratio The Minnesota Department of Revenue conducts the Real Estate Sales Assessment Ratio Study to accomplish equalization of property valuations in the State and to determine the probable selling price of a property. The Study is a three-year average of sale prices as related to the latest asses- sor's market value. In Prior Lake the latest (1996) assessment sales ratio is 86.3% meaning the County Auditor's recorded real property market value of $620,250,800 is 86.3% of the probable resale market value. We have made the following computations in deriving the market value figure used in the "Summary of Debt and Debt Statistics." $ 620,250,800 County Auditor's recorded real property market value. 86.3% Latest Composite Ratio from the Real Estate Sales Assessment Ratio Study of the Minnesota Department of Revenue. $ 718,714,716 6.821.400 Indicated market value of real property. + Personal property. = $ 725,536,116 Indicated market value of real and personal property used in "Summary of Debt and Debt Statistics." * Fiscal Disparities Law The 1971 Legislature enacted a "fiscal disparities law" which allows all the Twin City Metropolitan Area Municipalities to share in commerciallindustrial growth, regardless of where the growth occurred geographically. Forty percent (40%) of every metropolitan municipality's growth in commerciallindustrial assessed valuation is pooled, then redistributed to all municipalities on the basis of population and per capita valuation after the tax increment and fiscal disparity adjustments. - 29- The Sales Assessment Ratio for the City of Prior Lake over the past eight years have been as follows: Year Ratio Year Ratio 1996 86.3% 1992 84.7% 1995 83.3 1991 87.1 1994 82.5 1990 85.6 1993 82.4 1989 84.6 Valuation Trends (Real and Personal Property) Net Tax Net Tax Capacity Capacity Levy Yearl Estimated Before Fiscal After Fiscal Collection Year Market Value Disparities] Disparities2 1996/1997 $627,072,200 $10,281,323 $10,923,941 1995/1996 543,216,800 8,783,063 9,491,811 1994/1995 470,730,200 7,460,535 8,120,280 1993/1994 429,291,100 6,732,031 7,605,330 1992/1993 410,883,900 6,550,066 7,559,705 1991/1992 390,094,100 6,533,845 7,589,193 1990/1991 373,981,900 6,655,988 7,597,611 1989/1990 353,259,200 6,397,500 7,264,095 Breakdown of Valuations 1996-1997 Estimated Market Value, Real and Personal Property: Total $ 526,949,200 10,355,900 819,700 26,155,800 48,478,600 7,491,600 6.821.400 $ 627,072,200 84.03% 1.65 .13 4.17 7.73 1.20 1.09 Residential Homestead Agricultural Public Utility Commercial & Industrial Non-Homestead Residential Seasonal Recreational Personal Property 100.00% 1996-1997 Net Tax Capacity, Real and Personal Property (before the tax increment andfiscal dis- parity adjustments): Residential Homestead $ 7,517,299 73.11% Agricultural 118,065 1.15 Public Utility 37,706 .37 Commercial & Industrial 1,058,157 10.29 Non-Homestead Residential 1,090,510 10.61 Seasonal Recreational 145,802 1.42 Personal Property 313.784 3.05 Total $ 10,281 ,323 100.00% 1 Also before the captured tax capacity of tax increment distribution. 2 Also after the captured tax capacity of tax increment distribution. - 30- Net Tax Capacity Levy Year! 1992/93 1993/94 1994/95 1995/96 1996/97 Collection Year Net Tax Net Tax Net Tax Net Tax Net Tax Capacity Capacity Capacity Capacity Capacity Rates Rates Rates Rates Rates County of Scott 45.564% 48.475% 50.217% 45.775% 41.683% City of Prior Lake 29.656 36.509 36.707 33.962 32.721 City of Prior Lake (Rural) 21.889 25.556 25.695 23.774 ----- City of Prior Lake (IV) 29.220 36.509 ----- ----- ----- ISD No. 0719, Prior Lake 50.116 57.925 61.810 52.4 72 60.710 ISD No. 0720, Shakopee 61.499 65.540 70.685 64.535 64.052 Metropolitan Council .435 .495 .577 .718 .718 Metro Transit 3.004 3.465 3.612 2.845 1.837 Light Rail Transit Authority .289 .389 .268 .247 Mosquito Abatement .347 .411 .405 .244 .249 Scott County HRA .280 .785 .721 .698 .630 Prior Lake/Spring Lake Watershed 2.215 1 .400 2.195 1.591 2.085 Tax Levies and Collections Levy Yearl 1992/ 1993/ 1994/ 1995/ Collection Year 1993 1994 1995 1996 Original Gross Tax Levy $ 3,053,705 $ 2,794,465 $3,125,210 $3,237,700 Property Tax Credits * 850,183) N/A N/A N/A Levy Adjustments 5.287) 10.406) 2.718) ( 3.967) Net Tax Levy $ 2, 198,235 $2,784,059 $3,122,492 $ 3,233,733 Amount Collected during Collection Year $ 2,133,829 $2,743,611 $3,075,179 $ 3,177,413 Percent of Net Tax Levy Collected 97.07% 98.55% 98.48% 98.26% Amount Delinquent at end of Collection Year $ 64,406 $ 40,448 $ 47,313 $ 56,320 Delinquencies Collected as of (12/31/96) 33,085) 27,393) ( 25,095) 0) Delinquencies Abated or Cancelled as of (12/31/96) ( 28.526) ( 4.343) 10.740) ( 0) Total Delinquencies $ Outstanding as of (12/31/96) $ 2,795 $ 8,712 $ 11,478 56,320 Percent of Net Tax Levy Collected 99.87% 99.69% 99.63% 98.26% Note: 1996/1997 Gross Tax Levy $3,787,522 1996/1997 Net Tax Levy 3,787,522 * Property tax credits are aids provided by the State of Minnesota and paid directly to the City. - 31 - CITY OF PRIOR lAKE, MINNESOTA GENERAL OBLIGATION DEBT (as of October 2,1997, Plus This Issue) Purpose: G.O. G.O. G.O. G.O. G.O. G.O. Sanitary Improvement Improvement Park Improvement Refunding Sewer Bonds Bonds Bonds Bonds Park Bonds of of of of 1977, Bonds of 1969 1973 1973 1973 Series B of 1977 Dated: 10/01/69 07/01n3 1O/01n3 I2I01n3 06/01n7 09lOln7 Original Amount: $180.000 $2,122,000 $575.000 $280,000 $1,400,000 $280,000 Maturity : I.Oct I.Jul I.Oet I.Dee I.Jun I.Jul Interest Rates: 6.90.7.00% 5.00-5.50% 5.10-5.50% 5.50-5.75% 4.00-5.70% 5.10.5.50% 1997 $0 $0 $0 $10.000 $0 $0 1997 1998 10.000 105,000 35,000 10,000 11 0,000 15,000 1998 1999 0 0 0 15.000 0 15,000 1999 2000 0 0 0 15.000 0 15,000 2000 2001 0 0 0 15.000 0 0 2001 2002 0 0 0 15.000 0 0 2002 2003 0 0 0 15.000 0 0 2003 2004 0 0 0 0 0 0 2004 2005 0 0 0 0 0 0 2005 2006 0 0 0 0 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 2014 0 0 0 0 0 0 2014 2015 0 0 0 0 0 0 2015 2016 0 0 0 0 0 0 2016 2017 0 0 0 0 0 0 2017 $10.000 $105,000 $35,000 $95.000 $110,000 $45.000 (1) (2) (2) (3) (2) (3) (4) Purpose: G.O. G.O. G.O. G.O. G.O. Improvement Improvement Improvement Improvement Advance Bonds Bonds Bonds Bonds Refunding of of of of Bonds 1978 1987 1988 1991 of 1992 Dated: 05/01n8 09/01/87 06/01/88 03/01/91 1 02101/92 Original Amount: $220,000 $225.000 $390.000 $525.000 : $4,265,000 Maturity: I-May I.Dee I.Dee I.Dee 1 I.Dee Interest Rates: 4.90.5.80% 5.75.7.10% 5.90.7.70% 4.90.6.80% 1 3.00.6.00% 1997 $0 $30,000 $35.000 $45.000 1 $201.500 $108.500 1997 1998 10.000 0 35.000 45,000 : 0 0 1998 1999 0 0 35,000 45.000 : 0 0 1999 2000 0 0 20.000 45.000 : 0 0 2000 2001 0 0 20,000 15.0001 0 0 2001 2002 0 0 0 15.000 : 0 0 2002 2003 0 0 0 15.000 : 0 0 2003 2004 0 0 0 15.000 : 0 0 2004 2005 0 0 0 15,000 : 0 0 2005 2006 0 0 0 10,000 : 0 0 2006 2007 0 0 0 10.000 : 0 0 2007 2008 0 0 0 10,000 1 0 0 2008 2009 0 0 0 0: 0 0 2009 2010 0 0 0 0: 0 0 2010 2011 0 0 0 0: 0 0 2011 2012 0 0 0 o! 0 0 2012 2013 0 0 0 0: 0 0 2013 2014 0 0 0 0: 0 0: 2014 2015 0 0 0 0: 0 o! 2015 2016 0 0 0 0: 0 0: 2016 2017 0 0 0 01 0 01 2017 ! ! $10.000 $30.000 $145.000 $285.000 1 $201,500 $108.500 : (2) (2) (2) (2) i (2) (5): .....................(~J..(?!.........m...mm.: -32- Purpose: Dated : Original Amount: Maturity: Interest Rates: Purpose: 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 CITY OF PRIOR LAKE, MINNESOTA GENERAL OBLIGATION DEBT (as 01 October 2,1997, Plus This Issue) G.O. G.O. G.O. G.O. G.O. Refunding Crossover Crossover Refunding Equipment Bonds Refunding Refunding Bonds CerlifUales of Bonds Bonds of of 1992 of 1992A of 1992B 1993 1993 10/01/92 $425.000 I-Jul 3.40-3.95% 10/01/92 $175.000 I.Aug 3.60-4.80% 10/01/92 : $860.000 i I-Dee: 3.60-4.80% ; 03/01/93 $1.100,000 l-Oe! 330.4.60% I-Apr 03/01/93 $500.000 I-Dee 3.40-4.35% $0 $0 $150.000 : $0 $0 $135.000 1997 60,000 30.000 150,000 : 120.000 50,000 0 1998 50,000 35.000 150.000 i 0 0 0 1999 35,000 0 0: 0 0 0 2000 0 0 oj 0 0 0 2001 0 0 0: 0 0 0 2002 0 0 Oi 0 0 0 2003 0 0 0: 0 0 0 2004 0 0 0 0 0 0 2005 0 0 0 0 0 0 2006 0 0 0 0 0 0 2007 0 0 0 0 0 0 2008 0 0 0 0 0 0 2009 0 0 0 0 0 0 2010 0 0 0 0 0 0 2011 0 0 0 0 0 0 2012 0 0 0 0 0 0 2013 0 0 0: 0 0 0 2014 0 0 oj 0 0 0 2015 0 0 oj 0 0 0 2016 0 0 0: 0 0 0 2017 $145.000 $65.000 $450.000 : $170,000 $135.000 (2) (8) (3) (9) (2) (10) L..................PW!.I.................... (3) G.O. G.O. G.O. G.O. G.O. G.O. Improvement Fire Station Improvement Improvement Equipment Waler Bonds Bonds Bonds Bonds CerlifUales and Sewer of of of of of Revenue 1993 1993 1994 1995 1995 Bonds of 1995 Dated: 07/01/93 08/01/93 08/01/94 08/01/95 09/01/95 11/01/95 Original Amount: $3.000,000 $2.100.000 $800,000 $950,000 $400.000 $2.200.000 Maturity: I-Dee I-Dee I-Dec I-Dee I-Dee I-Dee Interest Rates: 4.25-4.375% 3.00-5.40% 3.60-5.40% 4.00-4.95% 4.40-4.80% 4.40-5.65% 1997 $245.000 $70.000 $80,000 $80.000 $95.000 $60,000 1997 1998 260.000 70.000 80.000 85.000 105,000 75.000 1998 1999 275.000 75,000 80.000 85.000 110.000 80.000 1999 2000 295.000 75.000 85.000 90.000 0 80,000 2000 2001 310.000 80,000 85.000 95.000 0 90,000 2001 2002 335.000 85,000 85.000 100.000 0 90.000 2002 2003 370.000 95.000 85,000 105.000 0 95.000 2003 2004 50.000 100.000 85,000 1J 0,000 0 105,000 2004 2005 50.000 105.000 0 120,000 0 110,000 2005 2006 50,000 110.000 0 0 0 115.000 2006 2007 50.000 120.000 0 0 0 120.000 2007 2008 50,000 125.000 0 0 0 130,000 2008 2009 0 135,000 0 0 0 140,000 2009 2010 0 145.000 0 0 0 150.000 2010 2011 0 155.000 0 0 0 160.000 2011 2012 0 175,000 0 0 0 170.000 2012 2013 0 190.000 0 0 0 180.000 2013 2014 0 0 0 0 0 195,000 2014 2015 0 0 0 0 0 0 2015 2016 0 0 0 0 0 0 2016 2017 0 0 0 0 0 0 2017 $2,340,000 $1.910,000 $665,000 $870,000 $310,000 $2,145.000 (2) (3) (2) (2) (3) (12) (13) -33- Dated: Original Amount: Maturity: Interest Rates: CITY OF PRIOR LAKE, MINNESOTA GENERAL OBliGATION DEBT (as of October 2,1997, Plus This Issue) This Issue: G.O. G.O. G.O. G.O. Improvement Refunding Park Improvement Bonds Bonds Bonds Bonds of of of of 1996 1996 1997 1997 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 06/01/96 , $935,000 : I-Dee : 4.00-4.90% ~ 10/01/96 $2,430.000 I-Dee 4.10-5.00% $75,000 : $0 $0 75,000 : 185,000 85.000 80.000 : 185.000 90.000 85,000 ! 185,000 100,000 90.000 ! 190.000 110.000 , 95.000 ! 185.000 115.000 : 100,000 ~ 180.000 120.000 ! 105.000 : 180,000 120.000 ! 110,000 : 75.000 125,000 . 120,000 : 0 200,000 0' 0 0 0: 0 0 0: 0 0 O! 0 0 0: 0 0 0: 0 0 0: 0 0, O! 0 0' 0: 0 0: O! 0 0: O~ 0 O~ $935.000 ~ $1.365.000 $1.065,000 ! (2) : (2) (5) : L.....................!.{iL.......................: -34- 05/0 1/97 $7.800.000 I-Dec 450-5.90% $0 75.000 100,000 125,000 140.000 150.000 185,000 225.000 250.000 275.000 300.000 350,000 400.000 450.000 500,000 550,000 600,000 675.000 750,000 820.000 880.000 $7,800,000 (3) 11101/97 $1,065,000 1-Dec TOTALS: $0 $1,420,000 1997 100,000 1.980.000 1998 100.000 1,605,000 1999 100.000 1.350,000 2000 100.000 1,340.000 2001 100.000 1,370,000 2002 100,000 1,465.000 2003 100.000 1.195.000 2004 115.000 1.075.000 2005 125,000 1.005.000 2006 125.000 725.000 2007 0 665.000 2008 0 675,000 2009 0 745.000 2010 0 815.000 2011 0 895.000 2012 0 970,000 2013 0 870.000 2014 0 750,000 2015 0 820.000 2016 0 880,000 2017 $1.065.000 $22,615,000 (2) Less (10,000) (1) Net G.O. Debt: $22.605,000 CITY OF PRIOR LAKE, MINNESOTA GENERAL OBLIGATION DEBT (as of October 2, 1997, Plus This Issue) (I) These bonds were assumed by the Metropolitan Waste Control Commi.uion and therefore are no longer considered part of the Cit)' debt. (2) These bonds are payable primarily from special assessmentI against all benefitted property and additionally secured by ad valorem taxes on all taxable propert)' within the Cify and without limitation of amount. (3) These bonds are payable .wle/y from ad valorem taxes on all taxable property within the City and without limitation of amount. (4) These bonds advance refUnded the $280,000 General Obligation Park Bonds of 1976, dated February 1,1976, which were calledfor redemption on June 1, 1986, at a price of par plus accrued interest. (5) These bonds aTe payable primaril.yfrom net revenues a/the municipal water utility system and additional!:}' secured by ad valorem taxes on all taxable properry within the Ciry and without limitation of amount. (6) These bonds advance refUnded (i) 1,950,000 of the $3,450,000 General Obligation Improvement Bonds of 1986, dated February 1,1986. Maturities 1995 through 2006, inclusive, were calledJor redemption on December 1. 1994, at a price of par plus accrued interest, and (ii) 1,180,000 of the $1,500,000 General Obligation Water Revenue Bonds of 1987, dated October 1,1987. Maturitie., 1996 through 2007, inclusive, were called for redemption on December 1, 1995, at a price of par plus accrued interest. (7) A ponion of these bonds were current refunded by the $2,440,000 General Obligation RefUnding Bonds of 1996, dated October 1. 1996. Maturities 1998 through 2007. inclusive, in aggregate of $2.405,000, were called for redemption on December I, 1996, at a price of par plus accrued interest. The breakdown of the remaining $3 J 0,000 principal amount due December 31, 1997, consists of $220,000 from special assessments and $90,000 from net water revenues. (8) These bonds refUnded $415,000 of the $1,425,000 General Obligation Improvement Bonds of 1979, dated July 1,1979. Maturities 1993 through 2000, inclusive, were called for redemption on January I, 1993, at a price of par plus accrued interest. (9) These bonds cross refUnded $165,000 of the $295,000 General Obligation Fire Hall Bonds of 1984, dated April I, 1984. Maturites 1994 through 1999, inclusive, were called for redemption on August 1, 1993. at a price afpar plus accrued interest. (JO) These bonds cross refUnded $825.000 of the $1,175,000 General Obligation Improvement Bonds of 1989, dated Augu.\.t I, 1989. Maturities 1994 through 1999, inclusive. were calledfor redemption on December I, 1993. at a price of par plus accrued interest. (11) These bonds refUnded (i) $515.000 of the $2,370,000 General Obligation RefUnding Bonds of 1976, dated October I, 1976. Maturities1994 through 1998, inclusive, were called for redemption on April I, 1993, at a price of par plus accrued interest, and (ii) $560.000 of the $2,025,000 General Obligation Improvement Bonds of 1978, Series A, dated October I, 1978. Maturities 1993 through 1999, inclusive, were calledfor redemption on April 1, 1993, at a price a/par plus accrued interest. (12) These bonds are payable primarily from net revenues of the municipal water and sewer utility .'ystem.\' and additionally secured by ad valorem taxe.\' on all taxable property within the City and without limitation of amount. ( 13) These bonds have been additionally secured by Financial Security Assurance Inc. (FSA). (14) These bonds current refUnded $2,405.000 of the $4,265.000 General Obligation Advance RefUnding Bonds of 1992, dated February I, 1992. Maturities 1998 through 2007, inclusive, were called for redemption on December I. 1996, at a price of par plus accrued interest. The Advance RefUnding Bonds of 1992, dated February I, 1992, advance refunded (i) 1,950.000 of the $3,450,000 General Obligation Improvement Bonds of 1986, dated February I, 1986. Maturities 1995 through 2006, inclusive. were called for redemption on December I, 1994, at a price of par plus accrued interest, and (ii) 1,180,000 of the $1,500.000 General Obligation Water Revenue Bonds of 1987. dated October 1,1987. Maturities 1996 through 2007, inclusive, were called for redemption on December 1, 1995. at a price of par plus accrued interest. -35- OverlaDping Debt 1996/1997 1996/1997 Net Tax Net Tax Capacity Percentage City's Capacity Value Applicable Share Issuer Value(l) in City(l) in City Net Debt of Debt County of Scott $ 55,318,068 $10,923,941 19.75% $ 9,770,000(2) $ 1,929,575 ISD No. 0719, Prior Lake 16,802,499 10,686,911 63.60 32,732,047(3) 20,817,582 ISD No. 0720, Shakopee 14,888,358 237,030 1.59 9,979,002(4) 158,666 Metropolitan Council 2,161,233,611 10,923,941 .51 24,290,551 (5) 123,882 Metro Transit 1,942,024,826 10,923,941 .56 66,107,631 (6) 370.203 Total Overlapping Debt: $23,399,908 Overlapping Debt Future Financing County of Scott The County does not antIcIpate the issuance of any additional general obligation bonding within the next three months. ISD No. 0719, Prior Lake The District does not anticipate the issuance of any additional general obligation bonding within the next three months. ISD No. 0720, Shakopee The District will hold a bond election on November 4, 1997, for the issuance of approximately $29,650,000 in general obligation bonds. No other general obligation bonding within the next three months is anticipated. Metropolitan Council The Council does not anticipate the issuance of any additional general obligation bonding within the next three months. Metro Transit Metro Transit does not anticipate the issuance of any additional general obligation bonding within the next three months. (1) Taxable Net Tax Capacity values are after the tax increment and fiscal disparity adjustments. (2) Scott County reported bond indebtedness of $9,770,000 and sinking funds of $0 as of December 31, 1996. (3) ISD No. 0719, Prior Lake, reported bond indebtedness of $32,899,565 and sinking funds of $167,518 as of June 30, 1997. (4) ISD No. 0720, Shakopee, reported bond indebtedness of $10,601,910 and sinking funds of $622,908 as of June 30, 1997. (5) Deductions: (A) $236,380,000 Metropolitan Waste Control Commission Debt as of March 31, 1997. (B) $36,080,000 Metropolitan Council Sports Facility Revenue Bonds as of March 31, 1997. Note 1: Debt Service on A above is 100% self supported from revenues of the Metro Sanitary Sewer System, although the bonds are full faith and credit bonds. Sinking funds of $17,485,519 and escrow account funds of $88,553,000 have not been deducted because said funds are attributable to A above. Fund balances are as of March 31, 1997. Note 2: Debt Service on B (Metropolitan Council, Minneapolis-St. Paul Area Sports Facility Revenue Bonds) is not included in the above debt as the bonds are supported by revenues generated from the sports facility although the bonds are full faith and credit bonds. Note 3: The only tax supported debt as of March 31, 1997 is $25,690,000 with sinking funds of $1,399,449. (6) Metro Transit reported bond indebtedness of $70,065,000 and sinking funds of $3,957,369 as of March 31, 1997. - 36- Cash and Investment Fund Balances as of August 31. 1997 (unaudited) Fund General Fund City Store Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Agency Fund Total (1) Includes the following Special Revenue Funds: Capital Park Fund Severance Compensation Fund DAG Special Revenue Fund EDA Loan Fund (2) Consists of the following Caoital Proiect Funds: Tax Increment Fund Equipment Acquisition Fund Building Fund Construction Fund Collector Street Fund Trunk Reserve Fund Tax Increment No. 2-1 (Keyland) Fund Tax Increment No. 2-2 (Becker) Fund Tax Increment No. 2-3 (Keyland) Fund Tax Increment No. 2-4 (Commercial) Fund Tax Increment No. 2-5 (E.M. Products) Fund Tax Increment No. 2-6 (NBC Products) Fund Tax Increment No. 2-7 (A ward Printing) Fund Tax Increment No. 2-8 (Dave Hansen) Fund General Obligation Park Bonds of 1997 Fund (3) Includes the following Enter:prise Funds: Utility (Sewer and Water) Fund Storm Water Utility Fund $ 1,273,496 ( 777) 575,552 (1) 3,504,474* 12,814,789 (2) 1,869,614 (3) 269.000 $20,306,148 $ 278,453.07 189,838.85 98,921. 71 8,338.00 $ 54,943.99 1,015,811.21 53,657.19 676,072.05 1,036,236.52 2,069,276.81 61,513.55 13,413.79 6,495.57 52,445.54 20,184.39 6,012.72 2,367.76 267.40) 7,746,625.24 $ 1,725,206.13 * 144,407.52 * Funds available for debt service on outstanding general obligation bond indebtedness. The total cash and investment fund balances available for debt service is $5,229,680. - 37- SUMMARY OF DEBT AND DEBT STATISTICS General Obligation Debt Bonds secured by net sewer revenues Bonds secured by special assessments (includes this issue) Bonds secured by net water revenues Bonds secured by ad valorem taxes Bonds secured by net water and sewer revenues Subtotal $ 10,000 8,926,500 1,173,500 10,360,000 2.145.000 $22,615,000 Less Bonds assumed by the Metropolitan Council1 Total General Obligation Direct Debt ( 10.000) Less: Debt Service Fund Balances Utility (Sewer and Water) Fund Net Direct General Obligation Debt Add City's Share of Net Overlapping Debt Total Net Direct and Net Overlapping Debt $22,605,000 ( 3,504,474) ( 1.725.206) $17,375,320 23.399.908 $40,775,228 Facts for Ratio Computations 1996-1997 Indicated Market Value (real and personal property) 1996-1997 Net Tax Capacity (real and personal property, after the tax: increment adjustment) Population (01/01/97 Estimate) $725,536,116 $10,923,941 14,000 Debt Ratios Net Direct Net Net and Net Direct Direct Overlapping Overlapping Debt Debt Debt Debt To Indicated Market Value 3.12% 2.39% 3.23% 5.62% Per Capita $1,615 $1,241 $1,671 $2,912 Per Capita Adjusted2 $1,443 $1,109 $1,493 $2,602 1 These bonds were assumed by the Metropolitan Waste Control Commission and therefore are no longer considered part of the City's debt. 2 The City's tax base is 10.29% commercial & industrial and .37% public utility, which has been deducted. - 38- $1,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997 CITY OF PRIOR LAKE, MINNESOTA (SCOTT COUNTY) CUMULATIVE BOND YEARS AND WORKSHEET (DEe. 1) CUMULATIVE YEAR AMOUNT BOND YEARS BOND YEARS 1998 $100,000 108.333 108.333 1999 100,000 208.333 316.667 2000 100,000 308.333 625.000 2001 100,000 408.333 1,033.333 2002 100,000 508.333 1,541.667 2003 100,000 608.333 2,150.000 2004 100,000 708.333 2,858.333 2005 115,000 929.583 3,787.917 2006 125,000 1,135.417 4,923.333 2007 125,000 1,260.417 6,183.750 A VERAGE MATURITY: BONDS DATED: INTEREST PAYMENTS: 5.80634 years. November 1, 1997. June 1, 1998, and semiannually thereafter on December 1 and June 1 to registered owners of the Bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. REDEMPTION: At the option of the Issuer, Bonds maturing after December 1, 2004, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and ac- crued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the Bonds remain- ing unpaid which have the latest maturity date shall be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be re- deemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of certified mail at least thirty (30) days prior to the date fixed for re- demption to the registered owner of each bond to be redeemed at the address shown on the registered books. PROPOSAL: Sealed proposals of not less than $1,045,830 and accrued interest. Good faith check or a Financial Surety Bond for $21,300 must ac- company the proposal. Each rate must be in integral multiples of 1I20th or 1I8th of 1 %. No limitation is placed upon the number of rates which may be used. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to Bonds of any preceding maturities. RATES: ESTIMATED CLOSING DATE: November 11, 1997. - 39- (This page has been intentionally left blank.) -40- PROPOSAL FORM HONORABLE CITY COUNCll..., CITY OF PRIOR LAKE PRIOR LAKE, MINNESOTA FOR ALL OF THE $1,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $1,045,830) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. SAID BONDS SHALL BEAR INTEREST PAYABLE JUNE 1, 1998, AND SEMIANNUALLY EACH DECEMBER 1 AND JUNE 1 THEREAFTER AS FOLLOWS: DATED: OCTOBER 20, 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 % - 2007 DESIGNATION OF SERIAL AND TERM MATURITIES LAST YEAR OF SERIAL MATURITIES YEAR OF TERM MATURITIES PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. CUSIP NUMBERS WILL BE ISSUED AT THE COST OF THE SUCCESSFUL UNDERWRITER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE TERMS OF PROPOSALS. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT (SPECIAL INSTRUCTIONS-SEE OVER). ACCOUNT MEMBERS: ACCOUNT MANAGER BY: ACCEPTED FOR THE ADDRESSEE THIS DAY OF OCTOBER, 1997. BY: MAYOR ATTEST: CITY MANAGER WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE -41 - SPECIAL INSTRUCTIONS: SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFTER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: CONTACT: TELEPHONE NUMBER: THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $21,300 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. JURAN & MOODY BY: DATED: OCTOBER 20, 1997 -42- .' APPENDIX A Proposed Form of Legal Opinion BRIGGS AND MORGAN 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE (612) 22.3-6600 FACSIMILE (612) 223-6450 PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL WRITER'S E-MAIL PROPOSED FORM OF LEGAL OPINION $1,065,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997 CITY OF PRIOR LAKE SCOTT COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Prior Lake, Scott County, Minnesota (the "Issuer"), of its $1,065,000 General Obligation Improvement Bonds of 1997, bearing a date of original issue of November 1, 1997 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: MINNEAPOLIS OFFICE. IDS CENTER. www.BRIGGS.COM MEMBER - LEX MUNDI. A GLOBAL ASSOCIATION OF INDEPENDENT L\W FIlU,\S BRIGGS A...'lD MORGAN PROPOSED FORM OF LEGAL OPINION (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the' Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative mininum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS AND MORGAN Professional Association (This page was left blank intentionally.) APPENDIX B Form of Continuing Disclosure Undertaking [Appendix __ to Official Statement] FORM OF CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertakingll) is executed and delivered by the City of Prior Lake, Minnesota (the II Issuerll) , in connection with the issuance of $1,065,000 General Obligation Improvement Bonds of 1997 (the "Bondsll). The Bonds are being issued pursuant to a Resolution adopted October 20, 1997 (the IIResolutionll). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12 (b) (5) . SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: IIAnnual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. IIAudited Financial Statementsll shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. IIFiscal Year" shall be the fiscal year of the Issuer. IIGoverning Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. CUrrently, the following are National Repositories: Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Phone: (609) 279-3200 Fax: (609) 279 -5962 Thomson Municipal Services 395 Hudson Street - Third Floor New York, NY 10014 Attn: Municipal Disclosure Phone: (800) 689-8466 Fax: (212) 989-2078 Disclosure, Inc. 5161 River Road Bethesda, MD 20816 Attn: Document Acquisitions/Municipal Securities Phone: (301) 215-6015 Fax: (301) 718-2329 Kenny Information Systems Inc. 65 Broadway - 16th Floor New York, NY 10006-2511 Attn: Repository Services Phone: (212) 770-4595 Fax: (212) 797-7994 Moody's NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007 Phone: (800) 339-6306 Fax: (212) 553-1460 R.R. Donnelly Financial Municipal Securities Disclosure Archive 559 Main Street Hudson, MA 01749 Phone: (800) 580-3670 Fax: (508) 562-1969 DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: ( 201) 346 - 0701 j Fax : E-Mail: Nrmsir@dpcdata.com (201) 947-0107 1l0ccurrence(s)II shall mean any of the events listed in Section 5.A. of this Disclosure Undertaking. 1l0fficial Statementll shall be the Official Preliminary Official Statement dated together with any addendum thereto, prepared in the Bonds. Statement or I 1997 connection with 1l0wnersll shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. IlParticipating Underwriterll shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. IlRepositoryll shall mean each National Repository and each State Depository. IlResolutionll shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. II Rule II shall mean Rule 15c2-12 (b) (5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. IlStatell shall mean the State of Minnesota. IlState Depositoryll shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. SECTION 3. provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 1996, the Issuer shall, or shall cause the Dissemination Agent to, not later than December 31, 1997, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. an update of the type of information contained in the Official Statement under the caption ECONOMIC AND FINANCIAL INFORMATION; B. an update of the type of information contained in the Official Statement under the caption SUMMARY OF DEBT AND DEBT STATISTICS; C. an update of the type of information contained in the Official Statement under the caption and subheadings GENERAL INFORMATION - "Major Employers" and "Building Permits" ; D. data extracted from preliminary, unaudited financial statements of the Issuer and from past audited financial statements of the Issuer in the form and of the type contained in the Appendix of the Official Statement; and E. audited financial statements of the Issuer. The audited financial statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event audited financial statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If audited financial statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. SECTION 5. Re?ortinq of Significant Events. A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquency; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax- exempt status of the security; (7) modifications to rights of security holders; (8) optional or unscheduled redemption of any Bonds; (9) defeasances; (10) release, substitution or sale of property securing repayment of the Bonds; and (11) rating changes. B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if a~. C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reoortinq Obliqation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Aqent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participa- ting Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: November __I 1997. CITY OF PRIOR ~KE, MINNESOTA By Its Mayor By Its Manager (SEAL) APPENDIX C City's Financial Statements The following financial statements are excerpts from the annual financial report for the year ended December 31, 1996. The complete financial report for the year 1996 and the prior two years are available for inspection at the Prior Lake City Hall and the St. Paul office of Juran & Moody. The reader of this Official Statement should be aware that the complete financial report may have further data relating to the excerpts presented in the appendix which may provide additional explanation, interpretation or modification of the excerpts. Excerpts from the Financial Report · Combined Balance Sheet - All Fund Types and Account Groups · Combined Statement of Revenues, Expenditures and Changes m Fund Balance - All Governmental Fund Types · Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund - Budget and Actual · Combined Statements of Revenues, Expenses and Changes in Retained Earnings - All Proprietary Fund Types · Combined Statements of Cash Flows - All Proprietary Fund Types · Notes to Combined Financial Statements CITY OF PRIOR LAKE, MINNESOTA COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1996 (With Comparative Totals for December 31, 1995) Governmental Fund Types Special Debt Capital General Revenue Service Projects ASSETS Cash and investments $ 2,259,938 $ 444,509 $ 3,527,962 $ 3,861,054 Deposit with trustee Taxes receivable Unremitted 22,267 Delinquent 71,567 16,726 Accounts receivable 16,875 4,250 3,500 6,800 Special assessments receivable Unremitted Delinquent 261,581 Deferred 1,539,124 398 Other (Green Acres) 1,040,125 13,898 Due from other governments 12,822 Property, plant and equipment, net Amount available in debt service funds Amount to be provided for debt TOTAL ASSETS $ 2,383,469 $ 448,759 $ 6,389,018 $ 3,882,150 LIABILITIES AND FUND EQUITY LIABILITIES Accounts payable $ 272,422 $ 1,333 $ $ 131,329 Compensated absences Deposits payable Deferred revenue 71,567 2,857,556 14,296 Leases payable Bonds payable TOT AL LIABILITIES 343,989 1,333 2,857,556 145,625 FUND EQUITY Contributed capital Investment in fixed assets Retained earnings Unreserved Fund balance Reserved 186,517 3,531,462 Unreserved Designated 1,846,000 260,909 3,702,704 Un designated 193,480 33,821 TOTAL FUND EQUITY 2,039,480 447,426 3,531,462 3,736,525 TOTAL LIABILITIES AND FUND EQUITY $ 2,383,469 $ 448,759 $ 6,389,018 $ 3,882,150 Fiduciarv Proprietary Fund Totals Fund Tvpes Type Account Groups (Memorandum Only) General General Long-term Enterprise Agencv Fixed Assets Debt 1996 1995 $ 1,556,228 -S 265,000 $ $ $ 11,914,691 $ 13,598,341 2,135,298 2,135,298 1,803,481 22,267 23,560 88,293 79,289 577,588 1,500 610,513 395,909 7,145 261,581 349,741 1,539,522 1,948,043 1,054,023 884,109 14,008 26,830 14,008 10,690,681 9,869,507 20,560,188 18,172,148 3,531,462 3,531,462 3,873,347 11,233,622 11,233,622 12,058,744 $ 12,838,505 $ 2,401,798 $ 9,869,507 $ 14,765,084 $ 52,978,290 $ 53,207,865 $ 51,865 $ 17,000 $ $ $ 473,949 $ 758,600 51,220 304,415 355,635 354,466 2,384,798 2,384,798 2,029,981 2,943,419 3,261,182 5,669 5,669 18,647 14,455,000 14,455,000 15,605,000 103,085 2,401.798 14,765,084 20,618,470 22,027,876 10,880,583 10,880,583 6,115,902 9,869,507 9,869,507 11,875,149 1,854,837 1,854,837 1,615,131 3,717,979 3,989,138 5,809,613 7,223,388 227,301 361.281 12,735,420 9,869.507 32,359,820 31,179.989 $ 12,838,505 S 2,401.798 $ 9,869,507 $ 14,765,084 $ 52,978,290 S 53,207,865 CITY OF PRIOR LAKE, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES YEAR ENDED DECEMBER 31, 1996 With Comparative Totals for Year Ended December 31, 1995 REVENUES General property taxes Licenses and permits Intergovernmental Charges for services Fines and forfeits Special assessments Interest on in vestments Miscellaneous TOTAL REVENUES EXPENDITURES Current expenditures General Government Public safety Police Fire and Rescue Other Public Works Culture and Recreation Economic Development Contingency Capital outlay General Government Public Safety Police Fire and Rescue Other Public Works Culture and Recreation Construction and improvements Property and equipment purchase Other charges and services Debt service Principal Interest and other 1,100,699 10,912 1,401,684 204,838 287,342 651,777 878,654 46,000 110,911 2,849 22,383 46,143 55,871 47,342 7,768 4,913 16,002 10,420 351,532 64,161 4,515,000 789,345 4,824,221 433,819 5,368,506 720,084 (43,658) (3,428,354) 175,000 100,000 776,149 2,408,917 (823,623) (98,597) (648,623 ) 100,000 3,086,469 71,461 56,342 (341,885) 1,968,019 391,084 3,873,347 $ 2,039,480 $ 447,426 $ 3,531,462 TOTAL EXPENDITURES EXCESS (DEFICIENCY) OF REVENUE OVER EXPENDITURES OTHER FINANCING SOURCES (USES) Operating transfers in Bond proceeds Operating transfers out TOTAL OTHER FINANCING SOURCES (USES) EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES AND OTHER SOURCES (USES) FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR Totals (Memorandum Onlv) Capital Projects 1996 1995 $ 111,701 $ 3,494,759 $ 3,148,153 506,258 367,182 58,659 1,660,824 2,383,017 1,138,365 2,227,487 2,002,165 61,119 70,602 804,971 1,121,320 181,297 439,554 457,009 72,161 241,829 499,328 1,562,183 9,436,801 10,048,776 1,11l,611 1,066,486 1,404,533 1,311,734 204,838 183,462 287,342 237,258 674,160 676,965 878,654 758,395 92,143 37,068 110,911 38,930 55,871 30,675 47,342 46,312 7,768 10,086 4,913 16,002 8,710 361,952 89,061 .U49,779 4,213,940 4,222,544 46,048 46,048 751,251 109.023 109,023 107,478 4,515,000 2,392,279 789,345 718,561 4,304,850 14,931,396 12,687,255 (2,742,667) (5,494,595) (2,638,479) .194.029 1,545,178 1,440.963 902.835 3,311,752 3,507,690 (259,029) (1,181,249) (685.401 ) 1.137.835 3,675,681 4.263.252 (1.604,832 ) (1,818,914) 1,624,773 5341.357 11.573,807 9.949.034 $ 3.736.525 S 9,754.893 $ 11,573.807 CITY OF PRIOR LAKE, MINNESOTA STATEMENT OF REVENUES. EXPENDITIJRES AND CHANGES IN FUND BALANCE GENERAL FUND - BUDGET AND ACTIJAL YEAR ENDED DECEMBER 31, 1996 Variance - Favorable Budget Actual (Unfavorable) REVENUES General property taxes $ 2,728,210 $ 2,720,824 $ (7,386) Licenses and permits 371,710 506,258 134,548 Intergovernmental 1,447,655 1,556,022 108,367 Charges for services 560,230 515,734 (44,496) Fines and forfeitures 60,000 61,119 1,119 Interest on investments 40,000 81,145 41,145 Miscellenous revenues 64,200 103,203 39,003 TOT AL REVENUES 5,272,005 5,544,305 272,300 EXPENDITURES Current expenditures General government 1,164,890 1,100,699 64,191 Public safety Police 1,442,970 - 1,40 I ,684 41,286 Fire and rescue 175,060 204,838 (29,778) Other 280,710 287,342 (6,632) Public works 725,400 651,777 73,623 Culture and recreation 850,850 878,654 (27,804) Economic development 51,560 46,000 5,560 Contingency 140,000 110,911 29,089 Capital outlay General government 44,500 55,871 (11,371) Police 48,300 47,342 958 Fire and rescue 9,500 7,768 1,732 Other 5,000 4,913 87 Public works 8,500 16,002 (7,502) Culture and recreation 10,950 10,420 530 TOT AL EXPENDITURES 4,958,190 4,824,221 138,164 EXCESS OF REVENUE (EXPENDITURES) 313,815 720,084 406,269 OTHER FINANCING SOURCES (USES) Operating transfers in 175,000 175,000 Operating transfers out ( 488,815) (823,623 ) (334,808) TOTAL OTHER FINANCING SOURCES (USES) (313,815) (648,623 ) (334,808) EXCESS OF REVENUES OVER EXPENDITURES AND OTHER SOURCES (USES) $ 71,461 $ 71,461 FUND BALANCE, BEGINNING OF YEAR 1,968,019 FUND BALANCE, END OF YEAR $ 2,039,480 CITY OF PRIOR LAKE, MINNE50T A COMBINED 5T ATEMENTS OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES YEARS ENDED DECEMBER 31, 1996 AND 1995 1996 1995 $ 1,247,549 $ 1,072,919 476,544 409,838 133,144 125,272 221,757 180,921 29,523 23,430 213,300 154,950 2,321,817 1,967,330 OPERA TING REVENUES Sewer charges Water charges Storm water charges Capital facility charges Meter sales Connection fees TOTAL OPERATING REVENUES OPERA TING EXPENSES 337,341 60,723 54,584 27,555 6,231 59,684 712,437 392 246,133 1,505,080 462,250 61,150 400 (375) 61,175 523,425 5,375 (760,937) (755,562) (232,137) 1,490,495 356,773 S 1,615,131 Personal services Supplies Repairs and maintenance Other servi.ces and charges Insurance Utilities Metropolitan Waste Control Commission Miscellaneous Depreciation 365,277 39,729 235,237 17,991 3,120 79,495 695,801 20,071 371,000 TOTAL OPERATING EXPENSES 1,827,721 OPERATING INCOME 494,096 NONOPERATING REVENUES (EXPENSES) Interest City store ~1iscellaneous revenue Interest and service charges 65,718 (763) 44,584 TOTAL NONOPERATING REVENUES (EXPENSES) 109,539 INCOME BEFORE OPERATING TRANSFERS OPERA TING TRANSFERS Operatmg transfer in Operating transfer out 603,635 TOT AL OPERATING TRANSFERS NET INCOME (LOSS) RET AINED EARNINGS, BEGINNING OF 'yeAR PRIOR PERIOD ADJUSTMENT RETAINED EARNINGS, END OF YEAR (363,929) (363,929) 239,706 1,615,131 $ 1,854,837 CITY OF PRIOR LAKE, MINNESOTA COMBThffiDSTATEMENTSOFCASHFLOWS ALL PROPRIETARY FUND TYPES YEARS ENDED DECEMBER 31, 1996 AND 1995 19% 1995 CASH FLOWS FROM OPERATING ACTIVITIES Operating income $ 494,096 $ 462,250 Other income related to operations 44,584 400 Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 371,000 246,133 Change in assets and liabilities (Increase) decrease in: Accounts receivable (225,2%) (48,194) Due from other governments 1,826 lncrease (decrease) in: Accounts payable (44,471) (16,517) Accrued expenses (763) (1,274) Severance compensation 5,198 8,338 NET CASH PROVIDED BY OPERATING ACTIVITIES 644,348 652,%2 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers in 5,375 Operating transfers out (363,929) (760,937) NET CASH USED BY NONCAPITAL FINANCING ACITVITIES (363,929) (755,562) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on revenue bonds payable (5,000) Interest and fees paid on revenue bonds payable (375) Acquisition of property and equipment (21) (7,386) NET CASH USED BY CAPITAL AND RELATED FINANCING ACTIVITIES (21) (12,761) CASH FLOWS FROM INVESTING ACTIVITIES Interest received on cash and investments 65,718 61,150 INCREASE IN CASH AND CASH EQUIVALENTS 346,116 (54,211) CASH AND CASH EQUIVALENTS, JANUARY 1 1,210,112 1,264,323 CASH AND CASH EQUIVALENTS, DECEMBER 31 $ 1,556,228 $ 1,210,112 NONCASH INVESTING, CAPITAL AND FINANCING ACTIVITIES Contributions of fixed assets $ $ 465,330 CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEtvrnER 31, 1996 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. City Structure and Scope of the Entity The City of Prior Lake, operates under "Optional Plan B" as defined in the State of Minnesota Statutes. Under this Plan. the government of the City IS directed by a Council composed of an elected mayor and four elected council members. The Council exercises legislative authority and determines all matters of policy. The Council appoints personnel responsible for the proper administration of all affairs relating to the City. The City of Prior Lake was incorporated under the laws of the State of Minnesota. As required by generally accepted accounting principles, the financial statements of the reporting entity include those of the City of Prior Lake (the primary government) and its component units. The City does not have any component units. The accounting policies of the City of Prior Lake, Minnesota, conform to generally accepted accounting principles as applicable to governments. The following is a summary of the more significant policies. B. Measurement Focus, Basis of Accounting and Basis of Presentation The accounts of the City are organized and operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds are maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. The City has the following fund types and account groups: Governmentalfunds are used to account for the City's general government activities. Governmental fund types use the flow of cunent financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they are "measurable and available"). "Measurable" means the amount of the transaction can be determined, and "available" means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers all revenues available if they are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred, except for unmatured interest on general long-term debt which is recOgnized when due, and certain compensated absences and claims and judgments which are recognized when the obligations are expected to be liquidated with expendable available financial resources. The preparation of general purpose financial statements in conformity with generally accepted accounting principles requires management to make esumates and assumptions that affect certain amounts and disclosures. Accordingly, actual results could differ from those estimates. Property taxes, franchise taxes, licenses. interest and special assessments are susceptible to accrual. Other receipts and taxes become measurable and available when cash is received by the government and are recognized as revenue at that time. Entitlements and shared revenues are recorded at the time of receipt or earlier if the susceptible to accrual criteria are met. Expenditure driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other grant reqUIrements have been met. CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Governmental funds include the following fund types: The general fund is the City's primary operating fund. It accounts for all financial resources of the City, except those required to be accounted for in another fund. The special revenue funds account for revenue sources that are legally restricted to expenditures for specified purposes (not including major capital projects). The debt service funds account for the servicing of general long-term debt not being financed by proprietary funds. The capital projects funds account for the acquisition of fixed assets or construction of major capital projects not being financed by proprietary funds. Proprietllry funds are accounted for on the flow of economic resources measurement focus and use the accrual basis of accounting. Under this method, revenues are recorded when earned and expenses are recorded at the time liabilities are incurred. The City applies all applicable F ASB pronouncements in accounting and reporting for its proprietary operations. Proprietary funds include the following fund type: Enterprise funds are used to account for those operations that are financed and operated in a manner similar to private business or where the Council has decided that the determination of revenues earned, costs incurred and/or net income is necessary for management accountability. Fiduciary funds account for assets held by the government in a trustee capacity or as an agent on behalf of others. Trust funds account for assets held by the government under the terms of a formal trust agreement. The agency funds are custodial in nature and does not present results or operations or have a measurement focus. Agency funds are accounted for using the modified accrual basis of accounting. Account Groups. The general fixed assets account group is used to account for fixed assets not accounted for in proprietary funds. The general long-term debt account group is used to account for general long-term debt and certain other liabilities that are not specific liabilities of proprietary funds. C. Assets, Liabilities and Equity Deposits and Investments The City's cash and cash equivalents are considered to be cash on hand. demand deposits and short-term investments with original maturities of three months or less from the date of acquisition. Cash balances from all funds are pooled and invested, to the extent available, in certificates of deposit and other authorized investments. Earnings from such investments are allocated on the basis of applicable participation by each of the funds. State statutes authorize the City to invest in obligations of the U.S. Treasury, commercial paper, corporate bonds, repurchase agreements, the State Treasurer's Investment Pool and shares of investment companies registered under the Federallnvesunent Company Act of 1940 and whose only investments are obligations guaranteed by the United States or its agencies. CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Prope~' Taxes The City Council annually adopts a tax levy and certifies it to the County for collection. The County is responsible for collecting all property taxes for the City. These taxes attach an enforceable lien on taxable property within the City on January I and are payable by the property owners in two installments. The taxes are collected by the County Treasurer and tax settlements are made to the City during January, June, and December each year. Taxes payable on homestead property, as defined by State statutes, are partially reduced by a homestead and agricultural credit aid. The credit is paid to the City by the State of Minnesota in lieu of taxes levied against homestead property. The State remits this credit in two equal installments in July and December each year. Delinquent taxes receivable include the past six years' uncollected taxes. Delinquent taxes have been offset by a deferred revenue liability for delinquent taxes not received within 60 days after year end. Special Assessments Special assessments are recognized as revenue when they are received in cash or within 60 days after year end. All other special assessments receivable are offset by a deferred revenue liability. Fixed Assets Fixed assets used in governmental fund types of the City are recorded in the general fixed assets account group at cost or estimated historical cost if purchased or constructed. Donated fixed assets are recorded at their estimated fair value at the date of donation. Assets in the general fixed assets account group are not depreciated. Interest incurred during construction is not capitalized on general fixed assets. Public domain (infrastructure) general fixed assets (e.g., roads, bridges, sidewalks and other assets that are immovable and of value only to the City) are not capitalized. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not included in the general fixed assets group or capitalized in the proprietary funds. Property. plant and equipment in the proprietary funds of the City are recorded at cost. Property, plant and equipment donated to these proprietary fund type operations are recorded at their estimated fair value at the date of donation. Major outlays for capital assets and improvements are capitalized in proprietary funds as projects are constructed. Interest incurred during the construction phase of proprietary fund fixed assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. During 1996, the City used an independent service organization to conduct a physical inventory, appraisal and insurance values study. All General Fixed Assets and Proprietary Fund assets and related depreciation were restated. The portion of the study which values assets at actual or estimated acquisition cost were used for accounting purposes. Some changes in depreciable lives were applied retroactively. Property, plant and equipment are depreciated in the proprietary funds of the City using the straight line method over the following estimated useful lives: Assets Buildings and structures Equipment Automotive Distribution and recovery system Years 30-50 8-10 5-8 65 CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and sick leave. Vacation and 50% of sick pay if employed greater than five years are paid to the employee upon separation. Vacation and sick leave are computed at year end and personal services expenditures/expenses are adjusted to properly reflect the increase or decrease in expenses. Accrued vacation and sick leave totaled $355,635 at year end. Vacation and sick pay are accrued when incurred in proprietary funds and reported as long-term liability. Vacation and sick pay of the general fund are reported in the general long-term account group. Long-term Obligations The City reports long-term debt of governmental funds at face value in the general long-term debt account group. Certain other governmental fund obligations not expected to be financed with current available financial resources are also reported in the general long-term debt account group. Long-term debt and other obligations financed by proprietary funds are reported as liabilities in the appropriate funds. For governmental fund types, bond premiums and discounts, as well as iSsuance costs, are recognized during the current period. Bond proceeds are reported as an other financing source net of the applicable premium or discount. Issuance costs, even if withheld from the actual net proceeds received, are reported as debt service expenditures. Fund Equity Reservations of fund balance represent amounts that are not appropriable or are legally segregated for a specific purpose. Reservations of retained earnings are limited to outside third-party restrictions. Designations of fund balance represent tentative management plans that are subject to change. The proprietary fund's contributed capital represents equity acquired through capital grants and capital contributions from developers, customers or other funds. Memorandum Only - Total Columns Total columns on the general purpose financial statements are captioned as "memorandum only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present infonnation that reflects financial position, results of operations or cash flows in accordance with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. Comparative D atalReclassifications Comparative total data for the prior year have been presented in the selected sections of the accompanying financial statements in order to provide an understanding of changes in the City's financial position and operations. Also, certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year's presentation. CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31.1996 Note 2: STEWARDSHIP. COMPLIANCE AND ACCOUNTABILITY A. Budgetary Information Annual budgets are adopted on a basis consistent with generally accepted accounting principles for the general fund. All annual appropriations lapse at fiscal year end. In June of each year, all departments of the City submit requests for appropriations to the Finance Officer so that a budget may be prepared. Before September 15, the proposed budget is presented to the City's council for review. The council holds public hearings and a final budget is prepared and adopted in early December. The appropriated budget is prepared by fund, function and department The City's department heads may make transfers of appropriations within a department. Transfers of appropriations between departments require the approval of the City Council. The legal level of budgetary control is the department level. B. Deficit Fund Equity None of the City funds had a fund equity deficit at December 31. 1996. Note 3: DETAll..ED NOTES ON ALL FUNDS AND ACCOUNT GROUPS A. Deposits and Investments At year end, the City's carrying amount of deposits was $1,600,213 and the bank balance was $2,343,287. Of the bank balance, $872,707 was covered by federal depository insurance or by collateral held by the City's agent in the City's name. The remaining balance of $1,470,580 was collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Checking Certificates of deposits Total deposits $ 72.833 1.527.380 $1 600213 Investments are categorized into these three categories of credit risk: (1) Insured or registered, or securities held by the City or its agent in the City's name. (2) Uninsured and unregistered. with securities held by the counterparty's trust department or agent in the City's name. (3) Uninsured and unregistered. with securities held by the counterparty, or by its trust department or agent but not in the City's name. At year end. the city's investment balances were as follows: U.S. Government Securities Commercial Paper Total Investments not subjected to categorization: Investment fund Total investments 1 $8,115,740 Categorv -L $ 3 Carrying Amount! Market Value $ 8,115,740 198.738 8,314,478 $ $8 155740 L-:.. 198,738 $ 198738 2,000.000 $10 3 14 478 CITY OF PRIOR LAKE, MINNESOTA NOlES TO FINANCIAL ST A lEMENTS DECEMBER 31, 1996 Note 3: DETAILED NOTES ON ALL FUNDS AND ACCOUNT GROUPS (Continued) The following is a reconciliation of cash and investments as shown on the Combined Balance Sheet as of December 31,1996: Carrying amount of deposits Carrying amount of investments Total $ 1,600,213 10.314.478 $11 914691 B. Due From Other Governments A summary of all amounts due from other governments as of December 31,1996 is as follows: General Fund Scott County State of Minnesota $10,290 2.532 12,822 Proprietary Fund MWCC - current value credit Total 14.008 $26 830 C. Fixed Assets A summary of general fixed assets for the year ended December 31, 1996 follows: Land and improvements Buildings Equipment Construction in progress Total Balance January 1 S 2,185,797 3,581,371 3,341,703 2.766.278 $11 875 149 Changes $(1,207,909) 2,050,469 (81,924 ) (2,766,278 ) $(2 005 642) Balance December 31 $ 977,888 5,631,840 3,259,779 $ 9 869 507 During 1996, the City used an independent service organization to conduct a physical inventory, appraisal and insurance values study. All General Fixed Assets and Proprietary Fund assets and related depreciation were restated. The portion of the study which values assets at actual or estimated acquisition cost were used for accounting purposes. Some changes in depreciable lives were applied retroactively. The following is a summary of proprietary fund type fixed assets at December 31, 1996: Accumulated depreciation $ 603 1,313,811 12,008,442 169,904 428.393 13.921,153 (3.230.472) $ 10690681 Land Buildings Infrastructure Machinery and equipment Vehicles CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 3: DETAILED NOTES ON ALL FUND AND ACCOUNT GROUPS (Continued) D. Deferred Revenue Deferred revenue at December 31, 1996 is comprised of the following: Debt Capital General Service Proiects Total Taxes Delinquent $ 71,567 $ 16,726 $ $ 88,293 Special assessments Delinquent 261,581 261,581 Deferred 1,539,124 398 1,539,522 Other (Green Acres) 1.040,125 13,898 1.054,023 Total $ 71 567 $2 857 556 $ 14296 $2943419 E. Operating Leases The City leases equipment under non-<:ancelable operating leases. Total costs for such leases were $10,205 for the year ended December 31, 1996. The future minimum lease payments for these leases are as follows: Year Ending December 31. 1997 1998 1999 Total Amount $ 13,999 6,441 4.590 $ 25 030 F. Long-term Debt The following is a summary of changes in general long-term debt for the year ended December 31, 19%. Balance Balance J anuarv 1 Additions Deletions December 31 Bonds payable Special assessment bonds $ 9,401,250 $ 935,000 $ 3,169,750 $ 7,166,500 General obligation bonds 2,280,000 2,430,000 120,000 4,590,000 Equipment certificates 665,000 220,000 445,000 Revenue bonds - Advance refunding bonds 1,058,750 950,250 108,500 Water and sewer bonds 2.200.000 55.000 2.145.000 Total bonds payable 15,605,000 3,365.000 4.515.000 14.455,000 Equipment leases payable 18,647 12.978 5.669 Compensated absences 308.444 4.029 304.415 Total $15932091 $3 365 000 $ 4 532 007 $14765084 CITY OF PRIOR LAKE, MINNESOTA NOlES TO FINANCIAL ST A lEMENTS DECEMBER 31, 1996 Note 3: DETAILED NOTES ON ALL FUNDS AND ACCOUNT GROUPS (Continued) Long-term debt at December 31, 1996 is comprised of the following types of issues: Interest Issue Maturity Balance Description rates date date Outstanding Special Assessment bonds G.O. Improvement Bonds of 1973 5.00-5.50 07/01/73 07/01/98 $ 210,000 G.O.lmprovement Bonds of 1973 5.10-5.50 1 % 1/73 1 % 1/98 70,000 G.O. Improvement Bonds of 1977 4.50-5.75 03/01/77 03/01/97 160,000 G.O. Improvement Bonds of 1977 4.00-5.70 06/01/77 06/01/98 220,000 G.O. Improvement Bonds of 1978 4.90-5.80 05/01/78 05/01/98 20,000 G.O. Improvement Bonds of 1987 5.75-7.10 09/01/87 12/01/97 30,000 G.O. Improvement Bonds of 1988 5.90-7.70 06/01/88 12/01/01 145,000 G.O. Improvement Bonds of 1991 4.90~.80 03/01/91 12/01/08 285,000 G.O. Advance Refunding Bonds of 1992 3.00~.00 02/01/92 12/01/07 201,500 G.O. Refunding Bonds of 1992 3.40-3.95 10/01/92 07/01/00 195,000 G.O. Crossover Refunding Bonds of 1992B 3.60-4.80 10/01/92 12/01/99 450,000 G.O. Refunding Bonds of 1993 3.60-4.60 03/01/93 12/01/98 370,000 G.O. Improvement Bonds of 1993 4.25-4.38 07/01/93 12/01/08 2,340,000 G.O. Improvement Bonds of 1994 3.60-5.40 08/01/94 12/01/04 665,000 G.O. Improvement Bonds of 1995 4.00-4.95 08/01/95 12/01/05 870,000 G.O. Improvement Bonds of 1996 4.00-4.90 06/01/96 12/01/06 935.000 Total Special Assessment Bonds 7.166.500 General Obligation Bonds G.O. Park Bonds of 1973 5.50-5.75 12/01/73 12/01/03 95,000 G.O. Refunding Park Bonds of 1977 5.10 09/01/77 09/01/00 60,000 G.O. Crossover Refunding Bonds of 1992A 3.60-4.80 10/01/92 08/01/99 95,000 G.O. Fire Station Bonds of 1993 3.00-5.40 08/01/93 12/01/13 1,910,000 G.O. Refunding Bonds of 1996 4.10-5.00 10/01/96 12/01/06 2.430.000 Total General Obligation Bonds 4.590.000 Equipment Certificates G.O. Equipment Certificates of 1993 3.40-4.25 03/01/93 12/01/97 135,000 G.O. Equipment Certificates of 1995 4.40-4.80 09/01/95 12/01/99 310.000 Total Equipment Certificates 445.000 G.O. Revenue Bonds G.O. Advance Refunding Bonds of 1992 3.00~.00 02/01/92 12/01/07 108.500 G.O. Water and Sewer Bonds of 1995 4.40-5.65 11/01/95 12/01/15 2.145.000 Total Bonds Payable $14455000 The annual requirement to amortize all bonds outstanding at December 31, 1996 including interest payments totaling $4,537,018 are as follows: Year Ending Special General Equipment Revenue December 31. Assessment Obligation Certificates Bonds Total 1997 $ 1,962,983 $ 360,438 $ 250,458 $ 283,054 $ 2,856,933 1998 1,478,076 609,597 115,215 181,923 2,384,811 1999 1,064,916 613,022 115,280 183,623 1,976,841 2000 821,310 569,755 180,103 1,571,168 2001 750,716 557,303 186,582 1,494,601 Thereafter 2.550.142 3.646.387 2.511.135 8.707.664 Total $ 8628 143 $6 356 502 $ 480 953 $ 3 526 420 $18992018 CITI' OF PRIOR LAKE, tv1INNESOT A NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 3: DETAILED NOTES ON ALL FUNDS AND ACCOUNT GROUPS (Continued) Amounts Available for Long-term Debt. Available fund balance in the debt service funds for repayment of long-term debt totaled $3,531,462 at year end. Amounts to be Provided for Long-term Debt. This represents future revenue to be generated for debt payments, generally including interest earnings, tax increments, scheduled tax levies and deferred (future) special assessment levies. G. Fund Equity Certain reserves and designations have been made in the following funds: Reserved Governmental Funds Special Revenue Funds Severance Compensation Debt Service Funds Total Reserved Fund Balance Purpose Severance compensation Debt service Unreserved - designated General Fund Special Revenue Fund Capital Park Capital Projects Funds Total Unreserved - Designated Working capital Improvements Capital improvements Note 4: SEGMENT INFORMA nON FOR ENTERPRISE FUNDS Amount $ 186,517 3,531.462 $ 3717979 $ 1,846,000 260,909 3,702,704 $ 5 809 613 The City provides services which are accounted for in the Enterprise Funds. The segment information for these Enterprise Funds for December 31, 1996 is as follows: Operating revenues Depreciation expense Operating income (loss) Operating transfers out Net income (loss) Net working capital Totals assets Total equity Storm Sewer Utility S 133,144 Utility $ 2,188,673 371,000 533,945 363,929 275,333 1,956,875 12,712,641 12,610,473 (39,849 ) (34,864 ) 125,839 125,864 124,947 Note 5: DEFINED BENEFIT PENSION PLAN - STATEWIDE A. Plan Description Total $ 2,321,817 371,000 494,096 363,929 240,469 2,082,714 12,838,505 12,735,420 All full-time and certain part-time employees of the City of Prior Lake are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (pERF) and the Public Employees Police and Fire Fund (pEPFF) which are cost-sharing, multiple-employer employee retirement plans. These plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. CITY OF PRIOR LAKE, 11INNESOT A NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 5: DEFINED BENEFIT PENSION PLAN - STATEWIDE (Continued) PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. All police officers who qualify for membership by statute are covered by the PEPFF. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by State Statute, and vest after three years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERF's Coordinated and Basic Plan members. The retiring member receives the higher of step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.0 percent of average salary for each of the first 10 years of service and 2.5 percent for each remaining year. For a Coordinated Plan member, the annuity accrual rate is 1.0 percent ofaverage salary for each of the first 10 years and 1.5 percent for each remaining year. Using Method 2, the annuity accrual rate is 2.5 percent of average salary for Basic Plan members and 1.5 percent for Coordinated Plan members. For PEPFF members, the annuity accrual rate is 2.65 percent for each year of service. For all PEPFF members and for PERF members whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. A reduced retirement annuity is also available to eligible members seeking early retirement. There are different types of annuities available to members upon retirement. A nonnaI annuity is a lifetime annuity that ceases upon the death of the retiree-no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will reduce the monthly nonnaI annuity amount, because the annuity is payable over joint lives. Members may also leave their contributions in the fund upon termination of public service, in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet, are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required supplementary infonnation for PERF and PEPFF. 1bat report may be obtained by writing to PERA, 514 St. Peter Street #200, St. Paul, Minnesota, 55102 or by calling (612) 296-7460 or 1-800-652-9026. B. Funding Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The City makes annual contributions to the pension plans equal to the amount required by state statutes. PERF Basic Plan members and Coordinated Plan members are required to contribute 8.23% and 4.23%, respectively, of their annual covered salary. PEPF members are required to contribute 7.60% of their annual covered salary. The City of Prior Lake is required to contribute the following percentages of annual covered payroll: 10.73% for Basic Plan PERF members, 4.48% for Coordinated Plan PERF members, and 11.40% for PEPFF members. The City's contributions for the years ending December 31, 1996 and 1995 were $174,805 and $170,656, respectively, equal to the contractually required contributions for each year as set by state statute. { , CITY OF PRIOR LAKE, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1996 Note 5: OTHER INFORMATION A. Risk Management The City is exposed. to various risks of loss related to torts: theft of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters for which the City carries commercial insurance. Settled claims have not exceeded this commercial coverage in any of the past three fiscal years. Liabilities are reported when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated. An excess coverage insurance policy covers individual claims in excess ofSloo,ooo. Liabilities, if any, include an amount for claims that have been incurred but not reported (IBNRs). The City's management is not aware of any incurred but not reported claims. B. Legal Debt Margin The City's statutory debt limit is equal to 2.0% of estimated market value of $543,216,800 or $10,864,336. Debt financed partially or entirely by special assessments is not applied against the City's debt limit, nor is debt financed by Proprietary Fund revenues. Currently the City has $2,160,000 of general obligation debt outstanding leaving a debt margin of $8,706,496. C. Volunteer Fire Department Relief Association The Prior Lake Firemen's Relief Association is the administrator of a single-employer Public Employee Retirement System (PERS) established to provide benefits for members of the Prior Lake Fire DepartmenL The Firemen's Relief Association maintains a separate Special Fund to accumulate assets to fund the retirement benefits earned by the Fire Department's membership. Funding for the Relief Association is derived primarily from an insurance premium tax in accordance with the Volunteer Firefighter's Relief Association Financing Guidelines Act of 1971 (Chapter 261 as amended by Chapter 509 of Minnesota Statutes 1980). The financial requirements of the Special Fund are determined in accordance with Section 69.772 of the Minnesota Statutes, which requires the payment of pension benefits in a lump sum or optionally in annual installments. The benefits are payable after age 50,5 years of service, and 5 years of Association membership, or upon death. Benefits are accumulated at $2,000 per year of active service in the Fire Department. The accrued liability for these accumulated benefits is computed using increasing percentages based on years of service. At 20 years of service, the liability is equal to the number of years of service times benefits per year. Association members are fully vested after 20 years. At December 31, 1996, the liability of the Special Fund exceeded the assets of the Association. D. Prior Period Adjustment The 1995 Utility Fund statement of revenues, expenses and changes in retained earnings contains a prior period adjustment due to recognition of contributed capital. These amount were modified in 1996 for the physical fixed asset valuation performed City-wide. IBONDSIA97BONDS.DOC DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 5B RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF RESOLUTION AUTHORIZING PUBLIC SALE OF $1,065,000 IMPROVEMENT BONDS OF 1997 SEPTEMBER 15, 1997 97-XX G.O. The City's bond and fiscal consultant Steve Mattson from Juran & Moody will be present during the Council meeting to request Council approval for a public sale of bonds in the amount of $1,065,000 to finance improvements associated with Pike Lake Trail (Project 97-17), Mushtown Road (Project 95-07) and the city's cooperative agreement share of County Road 42 improvements. The City Council approved Resolution 97-11 on March 3, 1997 which accepted the feasibility report for a number of projects identified for construction during 1997 which were to be financed by a combination of general obligation bonds and various fund appropriations. A summary of those improvements are listed below: Project Description Project Financing 1. Pike Lake Trail G.O. Bonds (Trunk Reserve) (MSA Funds) G.O. Bonds G.O. Bonds (Trunk Reserve) $366,000.00 $33,000.00 $118,000.00 $378,000.00 $321,000.00 $318,000.00 2. Mushtown Road 3. CSAH 42 Upgrade Bond Total... $1,065,000.00 Subsequently, the public hearing for these 1997 improvement projects was conducted on April 7, 1997 and Resolution 97-24 ordering the respective improvements was approved. Also, Resolution 97-70 was approved by the City Council on August 18, 1997 which awarded the construction bid to McNamara Contracting Inc. The structure of the bond issue itself would be based upon the following components: Pike Lake Trail 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER H:\BONDS\A97SALE.DOC ACTION REQUIRED: 1t Approved by: ( Attachments\~ successful bidder with the lowest net effective interest rate based upon Steve Mattson's bid tabulation. Motion and second to approve Resolution 97-xx Providing for Issuance of $1,065,000 General Obligation Improvements Bonds of 1997. A ," ,. \."- \.........."~.,