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HomeMy WebLinkAbout20070116 - VII-1 MEMO VII-l TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director RE: Resolution accepting the sale of$I,780,000 G.O. Improvement Refunding Bonds, Series 2007 A. DATE: January 10, 2007 ,""..:."_M"". ',m< -" .J"'" --.. BACKGROUND: Since the interest rates have been favorable for the City, a review of the outstanding debt issues was done to determine if refinancing some of them would be fiscally prudent for the City to pursue. A determination by the City's Financial advisors and City staff was made to refinance two of the City's debt structures. Attached you will find a Resolution accepting the proposal for the sale of the above mentioned bond. Bids will be received on January 16th, 2007 untiI12:00p.m. in the offices of Springs ted, Inc. A representative from Springsted will be in attendance at the council meeting to present the winning bid. Included with this memo is the City's Official Statement for this issue. The Official Statement can also be viewed on-line at Springsted's website: www.Springsted.com/ click on Os s to find Hastings. If you should have any questions, please feel free to contact me. Recommended City Council Action Approve the attached Resolutions approving the award of the sale of$I,780,000 G.O. Improvement Refunding Bonds, Series 2007 A. Springsted Incorporated 380 Jackson Street, Suite 300 II Sprin.gsted Saint Paul, MN 55101-2887 Tel: 651.223.3000 Fax: 651-223-3002 Email: advisors@springsted.com www.springsted.com $1,780,000' CITY OF HASTINGS, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2007A (BOOK ENTRY ONLY) AWARD: WELLS FARGO BROKERAGE SERVICES, LLC SALE: January 16, 2007 Moody's Rating: A Interest Net Interest Bidder Rates Price Cost WELLS FARGO BROKERAGE 3.875% 2008-2012 $1,787,120.00 $185,273.75 SERVICES, LLC UNITED BANKERS BANK 3.75% 2008-2012 $1,778,398.00 $187,789.50 CRONIN & COMPANY, INCORPORATED 4.00% 2008-2012 $1.788,293.00 $190,307.00 HARRIS, NA 3.75% 2008-2010 $1,776,838.85 $190,648.65 Financial Capital Markets 3.80% 2011-2012 Isaak Bond Investments, Inc. The Bankers Bank RBC CAPITAL MARKETS 3.75% 2008-2012 $1,775,422.52 $190,764.98 ZIONS FIRST NATIONAL BANK 4.00% 2008-2012 $1,785,947.10 $192,652.90 UMB BANK, N.A. 3.70% 2008-2010 $1,772,168.00 $193,387.00 3.75% 2011 3.80% 2012 PIPER JAFFRAY COMPANIES 4.00% 2008-2012 $1,784,257.90 $194,342.10 -------------------------------------------------------------------------------------------------------------------------------------------------------------- n REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 3.875% 2008 3.55% 3.875% 2009 3.57% 3.875% 2010 3.60% 3.875% 2011 3.61% 3.875% 2012 3.63% BBI: 4.21 0 Average Maturity: 2.778 Yea s . Subsequent to bid opening, the issue size decreased from $1,780,000 to $1,760,000. PUblIC Sector Adv!so s 1:~01: I I I I I I ~ ~01: <C I Q I Q 0 I N 'wl <i i en I~ en en I .... z ... - oS! OJ Z c: 0~01: . 0 I C/) rJ) - 'i: i 0 1'0 I Q) Q, z E I '0 0 ~i U .J Q) CJ .~ Q) en - , .c I 6001: I Q) I c I I I i I I I I I aOO2: I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l{) 0 l{) 0 l{) 0 l{) 0 l{) 0 co l{) l{) ~ ~ (") (") N N ~ ~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: January 16, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly called and held at the City Hall in said City on Tuesday, the 16th day of January at 7:00 P.M., for the purpose of awarding the sale of, $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007A ofthe City. The following members were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,780,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2007 A, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Hastings (the "City") has heretofore issued (a) its General Obligation Improvement Bonds, Series I 999A, dated August I, 1999 (the "Series 1999A Bonds"); and (b) its General Obligation Improvement Bonds, Series 2000A, dated September 1,2000 (the "Series 2000A Bonds"); and B. WHEREAS, $360,000 in principal amount of the Series 1999A Bonds which mature in the years 2008 and thereafter are subject to redemption and prepayment at the option ofthe City, at a price of par plus accrued interest, as provided in the resolution of the City Council adopted July 6, 1999 authorizing the issuance of the Series 1999 A Bonds (the "Series 1999A Resolution"); and C. WHEREAS, $1,620,000 in aggregate principal amount of the Series 2000A Bonds which mature in the years 2008 and thereafter are subject to redemption and prepayment, at a price of par plus accrued interest, as provided in the resolution of the City Council adopted 1983085vl August 21,2000, authorizing the issuance of the Series 2000A Bonds (the "Series 2000A Resolution"); and D. WHEREAS, (i) the Series 1999A Bonds and the Series 2000A Bonds are hereinafter referred to collectively as the "Prior Bonds" and (ii) the Series 1999A Resolution, the Series 2000A Resolution are hereinafter referred to collectively as the "Prior Resolutions"; and E. WHEREAS, the City Council deems it desirable and in the best interests of the City to call for redemption and prepayment on March 1,2007, all of (a) the Series 1999A Bonds which mature on February 1,2008 and thereafter and (b) the Series 2000A Bonds which mature on February 1,2008, and thereafter, in accordance with the Resolutions in order to reduce the debt service costs to the City; and F. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007A (the "Bonds") of the City, pursuant to Minnesota Statutes, Chapter 475, to provide funds, together with other available funds of the City, to prepay the Prior Bonds on March 1, 2007 (the "Refunding"); and G. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the sale of the Bonds and is therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and H. WHEREAS, offer to purchase the Bonds were solicited on behalf of the City by Springsted Incorporated; and 1. WHEREAS, the following offers were received, opened and recorded at the offices ofSpringsted Incorporated at 10:30 A.M., this same day: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hastings, Minnesota, as follows: 1. Acceptance of Offer. The offer of (the "Purchaser"), to purchase $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007 A of the City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefore the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable offer received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of said Purchaser and to forthwith return to the others making offers their good faith deposits. 2. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated February 1, 2007, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the 2 I 983085vl "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2008 $400,000 2009 390,000 2010 395,000 2011 375,000 2012 220,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 (with respect to optional redemption) and 10 (with respect to registration, transfer and exchange) Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken 3 1983085vl by the Depository as the Register Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof (with respect to registration, transfer and exchange), references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, 4 1983085vl to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof (with respect to registration transfer and exchange). To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange), the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10 hereof (with respect to registration, transfer and exchange). (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Finding. The Bonds shall provide funds to refund the Prior Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is 5 1983085vl pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February I and August I of each year (each, an "Interest Payment Date"), commencing August I, 2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Year Rate 2008 % 2009 2010 2011 2012 5. Redemption. The Bonds will not be subject to payment in advance of their respective maturity dates. 6. Bond Registrar. The is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 (with respect to interest payment and record date) of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 1 983085v 1 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA AND WASHINGTON COUNTIES CITY OF HASTINGS R- $ GENERAL OBLIGATION REFUNDING IMPROVEMENT BOND, SERIES 2007 A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % FEBRUARY 1,2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF HASTINGS, DAKOTA AND WASHINGTON COUNTIES, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing August 1,2007, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at ill (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of 7 1983085vl this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. The Bonds will not be subject to payment in advance of their stated maturity dates. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of $1,780,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, and a resolution adopted by the City Council on January 16, 2007 (the "Resolution"), for the purpose of providing money, together with certain available funds of the Issuer, to redeem on March 1,2007, (i) the General Obligation Improvement Bonds, Series 1999A, dated August 1, 1999; and (ii) the General Obligation Improvement Bonds, Series 2000A, dated September 1,2000. This Bond is payable out of the General Obligation Improvement Refunding Bonds, Series 2007 A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 8 1983085vl Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington Counties, Minnesota, by its Clerk has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Finance Director, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF HASTINGS, This Bond is one of the Bonds DAKOTA AND WASHINGTON COUNTIES, described in the Resolution MINNESOTA mentioned within. Hastings, Minnesota Mayor Bond Registrar By Authorized Signature Finance Director 9 1983085vl ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. 10 I 983085v 1 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Sigrmture(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: 11 I 983085vl PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 12 1983085vl 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is February 1,2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond 13 1983085v 1 Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Pavrnent; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14 I 983085vl 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price and the Purchaser shall not be obliged to see to the proper application thereof. 15. Funds, Accounts and Subaccounts. There is hereby created a special fund to be designated the "General Obligation Improvement Refunding Bonds, Series 2007 A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until the Bonds have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Payment Account" and "Debt Service Account", respectively, to which shall be credited and debited all income and disbursements as hereinafter set forth. The Finance Director and all officers and employees of the City concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes and in the amounts as follows: (i) Payment Account. The proceeds ofthe Bonds less accrued interest, shall be deposited in the Payment Account. On or prior to March 1, 2007, the Finance Director shall transfer proceeds of the Bonds from the Payment Account to the paying agent for the Refunded Bonds, in an amount sufficient, together with other funds on deposit in the debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due on March 1,2007, including the principal of the Refunded Bonds called for redemption on that date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred, on a pro rata basis, to the subaccounts of the Debt Service Account. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all uncollected special assessments heretofore pledged to the payment of the Prior Bonds; (ii) the accrued interest received upon delivery of the Bonds; (iii) all collections of ad valorem taxes hereafter levied for the payment of the Bonds and interest thereon; (iv) any funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; (v) any balance remaining on March 2, 2007 in the Debt Service Funds created for the Prior Bonds; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body ofthe City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Prior Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. 16. Investments. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in 15 1983085vl addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Payment Account, or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 17. Covenants Relating to Special Assessment and Tax Levv Portion of Bonds. (a) Special Assessments. Pursuant to the Prior Resolutions, the City has heretofore pledged special assessments to the payment of the Prior Bonds. All of the uncollected special assessments are now pledged to the payment of principal and interest on the Bonds. (b) Tax Levv; Coverage Test Cancellation of Certain Tax Levies. (i) To provide moneys for payment of the principal and interest on the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 2007 2008 2008 2009 2009 2010 2010 2011 (c) The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (d) Upon payment of the Series 1999 A Bonds, the taxes levied in the Series 1999 A Prior Resolution, in the years 2007 and thereafter shall be canceled and upon payment of the Series 2000A Bonds, the taxes levied in the Series 2000A Prior Resolution, in the years 2007 and thereafter shall be canceled. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing 16 I 983085vl powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2.l2 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms ofthe Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. 17 I 983085v I (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement ofthe City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. Notices of Call for Redemption. The Clerk is hereby authorized and directed to give mailed notice of redemption prior to the Redemption Date to the paying agents for the Prior Bonds and to all registered Holders of the Prior Bonds to be redeemed. The Notices of Redemption shall be in substantially the forms attached hereto as Exhibits A and B. 22. Prior Bonds Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 23. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Counties Auditor of Dakota and Washington Counties, Minnesota, together with such other information as the Counties Auditor shall require and to obtain the Counties Auditors' certificates that the Bonds have been entered in the Counties Auditors' Bond Registers, that the tax levies for the Prior Bonds have been cancelled and that the tax levy required by law for the Bonds has been made. 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs ofthe City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 25. Negative Covenant as to Use of Proceeds and Projects. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the improvements financed by the Prior Bonds, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested 18 1 983085vl at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. 27. Deemed Designation ofOualified Tax-Exempt Obligations: Issuance Limit. In order to qualify the Bonds as deemed designated "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7,1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the Bonds are issued to refund and not to "advance refund" the Prior Bonds, within the meaning of Section I 49(d)(5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds does not exceed the outstanding amount of the Prior Bonds. (d) the City hereby deems the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code since the average maturity of the Bonds is not longer than the combined average maturity of the Prior Bonds, the Prior Bonds were qualified tax exempt obligations and the Bonds more than 30 years after the Prior Bonds were issued; The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 19 1 983085v 1 STATE OF MINNESOTA COUNTIES OF DAKOTA AND WASHINGTON CITY OF HASTINGS I, the undersigned, being the duly qualified and acting Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007 A. WITNESS my hand on this _ day of ,2007. Clerk 20 I 983085vl EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A CITY OF HASTINGS, DAKOTA AND WASHINGTON COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, there have been called for redemption and prepayment on March 1, 2007 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1999 A, dated August 1, 1999, having stated maturity dates in the years 2008 through 2011 and totaling $360,000 in principal amount. The bonds are being called at a price of par plus accrued interest to March 1,2007, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association in Saint Paul, Minnesota on or before March 1, 2007. Dated: January 16, 2007 BY ORDER OF THE CITY COUNCIL Isl Charlene Stark Finance Director A-I 1983085vl EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A CITY OF HASTINGS, DAKOTA AND WASHINGTON COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, there have been called for redemption and prepayment on March 1, 2007 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2000A, dated September 1, 2000, having stated maturity dates in the years 2008 through 2012 and totaling $1,620,000 in principal amount. The bonds are being called at a price of par plus accrued interest to March 1, 2007, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Saint Paul, Minnesota on or before March 1, 2007. Dated: January 16,2007 BY ORDER OF THE CITY COUNCIL Isl Charlene Stark Finance Director 1983085vl B-1 OFFICIAL STATEMENT DATED DECEMBER 27,2006 Rating: Requested from N~W IMU~ Investor In the opinion of Briggs and Morgan, Professional Association, Bond Counsel. based on present federal and Minnesota Jaws. regulations, rulings and decisions, t the time of their issuance and delivery to the original Purchaser, interest on the Bonds is excfuded from gross income for purposes of United States income tax and is excluded to the same extent, in computing both gross and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income nd 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 in ividua/s and corporations; however, interest on the Bonds is taken into account for the purpose of determining adjusted current earnings for purposes of computing the fede I 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 r accrual of interest on the Bonds or arfsing with respect to ownership of the Bonds. See "Tax Exemption" and "Other Federal and State Tax Considerations" herein. $1,780,000* City of Hastings, Minnesota General Obligation Improvement Refunding Bonds, Series 2007 A (Book Entry Only) Dated Date: February 1, 2007 Interest Due: Each February 1 and ugust 1, commencing Augus 1,2007 The Bonds will mature February 1 as follows: 2008 $400,000 2009 $390,000 2010 $395,000 2011 $375,000 2012 Proposal for the Bonds may contain a maturity schedule for a combination of serial bonds and term bonds. All te m bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redem tion and must conform to the maturity schedule set forth above. I The Bonds will not be subject to prepayment in advance of their respective stated maturity dates. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to I general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. Pr ceeds of the Bonds will be used to (i) refund the February 1, 2008 through February 1, 2011 maturities of the City's General Obligation Improvement Bonds, Series 1999A, dated August 1, 1999, (ii) the February 1, 2008 through Februa 1, 2012 maturities of the City's General Obligation Improvement Bonds, Series 2000A, dated September 1, 2000 and (iii pay the costs associated with issuing the Bonds. Proposals must be for not less than $1,770,210 and accrued interest on the total principal amount of the Bonds be accompanied by a good faith deposit in the form of a certified check or cashier's check or as a Financial Sec in the amount of $17,800, payable to the City. Rates shall be specified in integral multiples of 5/100 or 1/8 of 1 % be in level or ascending order. The Bonds will be awarded on the basis of True Interest Cost (TIC). The City will designate the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of th Revenue Code of 1986, as amended, and the Bonds will not be subject to the alternative minimum tax for individu The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of . Cede & Co., as nominee of The Depository Trust Company ("DTC"). DTC will act as securities depository for th Bonds. I Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral ultiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (S e "Book , Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registra ") for the Bonds. The Bonds will be available for delivery on or about February 15, 2007. . Preliminary; SUbject to change. PROPOSALS RECEIVED: January 16,2007 (Tuesday) until 10:30 A.M., Central Time AWARD: January 16, 2007 (Tuesday) at 7:00 P.M., Central Time ~ Springsted Further information may be obtained from SPRINGSTED Inc rporated, Financial Advisor to the Issuer, 380 Jackson Street, Site 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000 For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the City from time to time (collectively, the "Official Statement"), may be treated as an Official Statement with respect to the Obligations described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the City, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Obligations, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Obligations are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The City designates the senior managing underwriter of the syndicate to which the Obligations are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Obligations agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Obligations for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Obligations, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. Any CUSIP numbers for the Obligations included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Obligations have been assigned by an organization unaffiliated with the City. The City is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Obligations or as set forth on the Final Official Statement. No assurance can be given that the CUSIP numbers for the Obligations will remain the same after the date of issuance and delivery of the Obligations. TABLE OF CONTENTS Paqe(s) Terms of Proposal............................................................................................................ I-IV Introductory Statement..................................................................................................... 1 Continuing Disclosure....................................................................................................... 1 The Bonds........................................................................................................................ 2 Authority and Purpose...................................................................................................... 4 Security and Financing.. ................................................................................................... 4 Future Financing............................................................................................................... 5 Litigation........................ ................................................................................................... 5 Legality............................................................................................................................ . 5 Tax Exemption.................................................................................................................. 5 Other Federal and State Tax Considerations.................................................................... 6 Qualified Tax-Exempt Obligations..................................................................................... 7 Rating.............................................................................................................................. . 7 Financial Advisor.............................................................................................................. 7 Certification................................................................................................................... .... 8 City Property Values......................................................................................................... 9 City Indebtedness............................................................................................................. 10 City Tax Rates, Levies and Collections............................................................................. 14 I Funds on Hand................................................................................................................. 15 I City Investments............................................................................................................... 15 General Information Concerning the City.......................................................................... 15 Governmental Organization and Services............. ......................... .... ..... ... ............ .... ....... 18 Proposed Form of Legal Opinion ............................................................................ Appendix I ~ Continuing Disclosure Undertaking ......................................................................... Appendix II I Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation ...................................................................... Appendix III Excerpt of 2005 Annual Financial Statements ......................................................... Appendix IV Proposal Form ........................................................................................................ Inserted ~ I 'I ~: 11 (This page was left blank intentionally.) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,780,000* CITY OF HASTINGS, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2007A (BOOK ENTRY ONL Y) Proposals for the Bonds will be received on Tuesday, January 16, 2007, until 10:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed BiddinQ. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddina. Notice is hereby given that electronic proposals will be received via PARITY'". For purposes of the electronic bidding process, the time as maintained by PARI~ , shall constitute the official time with respect to all Bids submitted to PARI~. Each bidder shall be solely responsible for making necessary arrangements to access PARI'fY'l' for purposes of submitting its electronic Bid in a timely manner and in compliance with the require.ments of the Terms of Proposal. Neither the City, its agents nor PARI~ shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY@ shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARIty@. The City is using the services of PARITY@ SOI$1 as a communication mechanism to conduct the electronic bidding for the Bonds, and PARIT is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARI~, this Terms of Proposal shall control. Further information about PARITy@, including any fee charged, may be obtained from: PARITY@, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 - I - DETAILS OF THE BONDS The Bonds will .be dated February 1, 2007, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1,2007. Interest will be computed on the basis of a 360-day year of twelve 3D-day months. The Bonds will mature February 1 in the years and amounts as follows: 2008 $400,000 2010 $395,000 2012 $220,000 2009 $390,000 2011 $375,000 . The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of , Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The 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. i Principal and interest are payable by 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 DTC; 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 purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to refund (i) the February 1, 2008 through February 1, 2011 maturities of the City's General Obligation Improvement Bonds, Series 1999A, dated August 1, 1999 and (ii) the February 1, 2008 through - " - February 1, 2012 maturities of the City's General Obligation Improvement Bonds, Series 2000A, dated September 1, 2000. TYPE OF PROPOSALS Proposals shall be for not less than $1,770,210 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $17,800, payable to the order of the City. If a check is used, it must accompany the proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from.such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. - iii - CUSIP NUMBERS 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 will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETILEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement ahd the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all participating Underwriters of the Bonds for purposes of assuring the receipt by each such participating Underwriter of the Final Official Statement. Dated December 18, 2006 BY ORDER OF THE CITY COUNCIL Isl Melanie Mesko Lee i City Clerk - iv- OFFICIAL STATEMENT $1,780,000* CITY OF HASTINGS, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2007 A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating .to the City of Hastings, Minnesota (the "City" or the "Issuer") and its issuance of $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007A (the "Bonds," the "Issue" or the "Obligation"). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, special assessments against benefited 7properties are pledged to the payment of the Bonds. Inquiries may be directed to Ms. Charlene Stark, Finance Director, City of Hastings, 101 East Fourth Street, Hastings, Minnesota 55033, or by telephoning (651) 480-2350. Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101-2887, or by telephoning (651) 223-3000. If information of a specific legal nature is desired, requests may be directed to Ms. Mary Dyrseth of Briggs and Morgan, Professional Association, SI. Paul and Minneapolis, Minnesota, Bond Counsel (651) 808-6625. CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 (the "Rule"), pursuant to the Award Resolution and Continuing Disclosure Undertaking to be executed on behalf of the City on or before closing, the City has and will covenant (the "Undertaking") for the benefit of holders or beneficial owners 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 Continuing Disclosure Undertaking in substantially the form attached hereto as Appendix II, subject to such modifications thereof or additions thereto as: (i) consistent with requirements under the Rule, (ii) required by the purchaser of the Bonds from the City and (iii) acceptable to the Mayor and Clerk of the City. The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in an of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increase or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. - 1 - The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertakings will not constitute an event of default on the Bonds (although holders or other beneficial owners of the Bonds will have the sole remedy of bringing an action for 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 BONDS General Description The Bonds will be dated as of February 1, 2007 and will mature annually on the dates and in the amounts set forth on the cover of this Official Statement. The Bonds are being issued in book entry form. Interest on the Bonds is payable on each February 1 and August 1, commencing August 1, 2007. Interest will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar on the fifteentn day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described under "Book Entry System" herein. U.S. Bank National Association, St. Paul, Minnesota, will serve as Registrar for the Bonds and the City will pay for registration services. Optional Redemption The Bonds will not be subject to payment in advance of their stated maturity dates. Book Entry System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Obligations. The Obligations will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered certificate will be issued for each maturity of the Obligations, in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, 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 Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for securities that its participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust and Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also subsidiaries of DTCC), as well as by the New York Stock - 2 - ~ Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.orq. Purchases of Obligations under the DTC system must be made by or through Direct Participants, which will receive a credit for the Obligations on DTC's records. The ownership interest of each actual purchaser of each Obligation ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Obligations are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Obligations, except in the event that use of the book-entry system for the Obligations is discontinued. To facilitate subsequent transfers, all Obligations deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as requested by an authorized representative of DTC. The deposit of Obligations with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Obligations; DTC's records reflect only the identity of the Direct Participants to whose accounts such Obligations are credited, which mayor may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the Obligations may wish to take certain steps to augment transmission to them of notices of significant events with respect to the Obligations, such as redemptions, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of the Obligations may wish to ascertain that the nominee holding the Obligations for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the Registrar and request that copies of the notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Obligations unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer or Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Obligations are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Obligations will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts. upon DTC's receipt of funds and corresponding detail - 3 - information from Issuer or Agent on the payable date in accordance with their respective holdings shown on OTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC (nor its nominee), the Registrar, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to Cede & Co. (or such other nominee as may be requested by an authorized representative of OTC) is the responsibility of the Registrar, Issuer, or Agent disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Obligations at any time by giving reasonable notice to the Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. . The Issuer may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. Proceeds of the Bonds will be used to (i) refund the February 1, 2008 through February 1, 2011 maturities (the "1999A Refunded Maturities") of the City's General Obligation Improvement Bonds, Series 1999A, dated August 1, 1999 (the "Series 1999A Bonds"), (ii) refund the February 1, 2008 through February 1, 2012 maturities (the "2000A Refunded Maturities") of the City's General Obligation Improvement Bonds, Series 2000A dated September 1, 2000 (the "Series 2000A Bonds") and (iii) pay the costs associated with issuing the Bonds. The 1999A Refunded Maturities and the 2000A Refunded Maturities are collectively referred to herein as the "Refunded Maturities," and the Series 1999A Bonds and the Series 2000A Bonds are collectively referred to herein as the "Refunded Bonds." The refunding is being conducted to achieve interest cost savings. The Bonds constitute a "current refunding" since the Refunded Maturities will be called within 90 days of settlement of the Bonds. The Refunded Maturities will be called and prepaid on March 1, 2007 at a price of par plus accrued interest. The City will make the February 1, 2007 principal and interest payment on the Refunded Bonds as originally scheduled. SECURITY AND FINANCING The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, special assessment previously pledged to the Refunded Bonds will now be pledged to the Bonds. Tax levies and special assessments, if collected in full, will be sufficient to pay 105% of the interest due on August 1 in the collection year and the February 1, principal and interest due the following year. - 4 - FUTURE FINANCING The City has no further borrowing plans for at least the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement and will not pass 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. A legal opinion in substantially the form set out in Appendix I herein will be delivered at closing. TAX EXEMPTION At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of the issuance and delivery of the Bonds to the original purchaser thereof, the interest on the Bonds is excludable from gross income for United States income tax purposes and is excludable, 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 minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided, 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. 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 excludability of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City 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) excludable from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under Section 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. - 5 - OTHER FEDERAL AND STATE TAX CONSIDERATIONS Property and Casualty Insurance Companies 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 Section 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 corporation is passive investment income. Financial Institutions For federal income tax purposes, financial institutions are unable to deduct any portion of the interest expense allocable to the ownership of certain tax-exempt obligations acquired after August 7, 1986, including the Bonds but for the designation as Qualified Tax-Exempt Obligations below. See "Qualified Tax-Exempt Obligations" below. Minnesota Tax Exemption The 1995 Minnesota Legislature enacted a law that included interest on obligations of Minnesota governmental units and Indian tribes in net income of individuals, estates and trusts for Minnesota income tax purposes if a court determines that Minnesota's exemption of such interest unlawfully discriminates against interstate commerce because interest on obligations of governmental issuers located in other states is not excluded. This law applies to taxable years that begin during or after the calendar year in which any such court decision becomes final, irrespective of the date on which the obligations were issued. The Court of Appeals of Kentucky recently held that Kentucky's exemption of interest on its own bonds, but not of interest on the bonds of other states, unlawfully discriminates against interstate commerce. If a Minnesota Court were to render a similar final decision, interest on the Bonds would become taxable for calendar years during and after the date the decision became final. - 6 - General The preceding is not a comprehensive list of all federal or State 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 otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. 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. QUALIFIED TAX-EXEMPT OBLIGATIONS The City 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, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. RATING An application for a rating of the Bonds has been made to Moody's Investors Service ("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that the rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn if, in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and 'other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. - 7 - CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Official Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the .1 circumstances under which they were made, not misleading. (The Balance of This Page Has Been Intentionally Left Blank) I - 8 - I I CITY PROPERTY VALUES 2005 Indicated Market Value of Taxable Property: $1,823,781,107' , Calculated by dividing the City's taxable market values of $1,637,968,800 (includes mobile home valuation of $8,692,900 in Dakota County) and $1,696,400 by the City's 2005 sales ratios of 89.9% and 94.7% for Dakota and Washington Counties, respectively, as determined by the State Department of Revenue. 2005 Net Tax Capacity: $18,176,608 Dakota Washington County County Total Real Estate $17,888,687 $29,933 $17,918,620 Personal Property 256,988 1,000 257,988 Total $18,145,675 $30,933 $18,176,608 2005 Taxable Net Tax Capacity: $19,403,238 2005 Net Tax Capacity $18,176,608 Less: Captured Tax Increment Tax Capacity (311,223) Contribution to Fiscal Disparities (1,059,831 ) Plus: Distribution from Fiscal Disparities 2,511,323 Mobile Homes 86,361 2005 Taxable Net Tax Capacity $19,403,238 2005 Taxable Net Tax Capacity by Class of Property Real Estate: Residential Homestead $13,702,514 70.6% Commercial/Industrial, Public Utility, and Railroad' 4,290,778 22.1 Residential Non-Homestead 1,027,807 5.3 Agricultural and Seasonal/Recreational 37,790 0.2 Mobile Homes 86,361 0.5 Personal Property 257,988 1.3 Total $19,403,238 100.0% , Reflects adjustments for fiscal disparities and captured tax increment tax capacity. - 9 - Trend of Values Indicated Taxable Taxable Net Market Vaiue(a) Market Value Tax Capacity(b) 2005/06 $1,823,781,107 $1.639,665,200 $19,403,238 2004i05 1,630,527,454 1,435,006,300 17,153,233 2003/04 1,426,199,992 1,222,350,200 14,976,032 2002/03 1,220,897,426 1,029,278,500 12,700,284 2001/02 1,038,368,431 899,110,900 11 ,281 ,165 (a) Calculated by dividing the taxable market value by the sales ratio as certified for the City each year by the State Department of Revenue. (b) See Appendix /1/ for an explanation of taxable net tax capacity and the Minnesota property tax system. Ten of the Largest Taxpayers in the City 2005 Net Taxpayer Type of Property Tax Capacity Regina Medical Complex Medical services $ 181,341 Inch III Hastings LLC Retail 169,106 Wal-Mart Retail 167,170 Xcel Energy Utility 157,322 Target Corporation Retail 140,020 Three River Partnership Rental property 127,768 VMA 1000 LLC Apartments 102,501 Intek Weatherseal Products, Inc. Plastic extrusions 90,658 Minnegasco Utility 90,293 Augustana HCC of Hastings Nursing home 89,087 Total $1,315,266* * Represents 6.8% of the City's 2005 taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit and Margin Legal Debt Limit (2% of Taxable Market Value) $32,793,304 Less: Outstanding Debt Subject to Limit (Including the Bonds) (7,920,000) Legal Debt Margin as of October 31, 2006 $24,873,304 I ! 'j ~ II - 10- 1 I General Obligation Debt Supported by Taxes * Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-31-06 8-1-01 $2,535,000 Park Maintenance Facility 2-1-2022 $2,235,000 12-1-02 420,000 Equipment Certificates 2-1-2007 110,000 1 0-1-04 315,000 Equipment Certificates 2-1-2009 240,000 12-1-05 1,280,000 Swimming Pool Refunding 2-1-2019 1,280,000 12-1-05 3,660,000 Municipal Building Refunding 2-1-2014 3,660,000 12-1-06 395,000 Equipment Certificates 2-1-2012 395,000 Total $7,920,000 . These issues are subject to the statutory debt limit. General Obligation Debt Supported Primarily by Special Assessments Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-31-06 8-1-97 $4,000,000 LocallmproYements 2-1-2009 $ 1,235,000 8-1-98 1,870,000 Local Improvements 2-1-2010 750,000 8-1-99 910,000 Local Improvements 2-1-2007 90,000(a) 9-1-00 3,380,000 Local Improvements 2-1-2007 335,OOO(b) 8-1-01 1,935,000 Local Improvements 2-1-2013 1,325,000 12-1-02 4,635,000 Local Improvements 2-1-2013 3,260,000 9-1-03 5,520,000 Local Improvements 2-1-2015 4,925,000 1-1-04 1,595,000 Local Improvements 2-1-2015 1,440,000 10-1-04 5,055,000 Local Improvements 2-1-2016 5,055,000 12-1-05 2,935,000 Local Improvements 2-1-2017 2,935,000 12-1-06 1,940,000 Local Improvements 2-1-2018 1,940,000 2-1-07 1,780,000 Improvement Refunding (this Issue) 2-1-2012 1,780,000 Total $25,070,000 (a) Excludes the 1999A Refunded Maturities. (b) Excludes the 2000A Refunded Maturities. General Obligation Debt Supported by Revenues Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10-31-06 1-15-02 $6,155,000 Hydroelectric Revenue Refunding 12-1-2016 $4,550,000 12 -1-05 640,000 Water Revenue Refunding 2-1-2017 640,000 12-1-06 4,090,000 Water Revenue 2-1-2027 4,090,000 Total $9,280,000 - 11 - I Annual Debt Service Payments Including This Issue and Excluding the Refunded Maturities G.O. Debt Supported G.O. Debt Supported Primarily by by Taxes Special Assessments Principal Principal Year Principal & Interest Principal & Interest(a) 2006 (at 10-31) (Paid) (Paid) (Paid) (Paid) 2007 $ 735,000 $ 1,041,502.08 $ 2,875,000 $ 3,722,324.60 2008 665,000 951,831.25 3,130,000 3,882,785.00 2009 795,000 1,054,725.00 3,295,000 3,933,477.50 2010 735,000 965,017.50 2,900,000 3,428,216.25 2011 775,000 974,548.75 2,715,000 3,144,186.25 2012 810,000 977,380.00 2,565,000 2,898,872.50 . 2013 735,000 870,805.00 2,360,000 2,601,777.50 2014 765,000 869,975.00 1,725,000 1,890,087.50 2015 245,000 328,760.00 1,750,000 1,850,117.50 2016 255,000 327,475.00 1,050,000 1,097,701.25 2017 270,000 330,475.00 500,000 518,200.00 2018 280,000 327,900.00 205,000 209,100.00 2019 295,000 329,750.00 2020 180,000 203,500.00 2021 185,000 199,375.00 2022 195,000 199,875.00 Total $7,920,000(b) $9,952,894.58 $25,070,000(c) $29,176,845.85 (a) Includes the Bonds at an assumed average annual interest rate of 3.65% and excludes the Refunded Maturities. (b) 82.3% of this debt will be retired in ten years. (c) 97.2% of this debt will be retired in ten years. - 12 - Annual Debt Service Payments (continued) G.O. Debt Supported bv Revenues Principal Year Principal & Interest 2006 (at 10-31) $ 575,000 $ 709,277.50 2007 340,000 712,184.18 2008 480,000 886,773.75 2009 535,000 916,205.00 2010 565,000 918,446.25 2011 600,000 923,950.00 2012 620,000 912,610.00 2013 655,000 914,610.00 2014 690,000 914,285.00 2015 725,000 911,685.00 2016 770,000 916,585.00 2017 265,000 368,700.00 2018 205,000 299,300.00 2019 210,000 296,000.00 2020 220,000 297,400.00 2021 230,000 298,400.00 2022 240,000 299,000.00 2023 250,000 299,200.00 2024 260,000 299,000.00 2025 270,000 298,400.00 2026 280,000 297,400.00 2027 295,000 300,900.00 Total $9,280,000' $12,990,311.68 . 62.3% ofthis debt will be retired within ten years. Summary of Direct Debt Gross Less: Debt Net Debt Service Funds(a) Direct Debt G.O. Debt Supported by Taxes $ 7,920,000 $ (507,747) $ 7,412,253 G.O: Debt Supported Primarily by Special Assessments 25,070,000 (3,519,796) 21,550,204 G.O. Debt Supported by Revenues 9,280,000 (b) 9,280,000 (a) Debt service funds are as of October 31, 2006 and include money to pay both principal and interest. (b) Debt service on these bonds is paid directly from the respective enterprise funds. - 13- Indirect Debt Debt Applicable to 2005 Taxable G.O. Debt Tax Capacity in City Taxinq Unit(a) Net Tax Capacity As of 10-31-06(b) Percent Amount Dakota County $ 384,177,099 $ 93,410,000 5.05% $ 4,717,205 Washington County 240,643,811 54,295,000 0.01 5,430 ISD 200 (Hastings) 31,713,145 43,110,000 61.12 26,348,832 Metropolitan Council 3,001,556,502 27,435,000(c) 0.65 178,328 Metropolitan Transit Dis!. 2,571,034,905 147,310,000 0.75 1,104,825 Total $32,354,620 (a) Only those taxing units with general obligation debt outstanding are included here. (b) Excludes general obligation debt supported by revenues, revenue debt, state-aid road bonds and grant and loan anticipation certificates. (c) Does not include Metropolitan Council's general obligation debt supported by sanitary sewer revenues, 911 user fees or housing rental revenues. Includes Certificates of Participation. Debt Ratios G.O. Net G.O. Indirect & Direct Debt' Net Direct Debt To 2005 Indicated Market Value ($1,823,781,107) 1.59% 3.36% Per Capita (22,000 - 2006 City Estimate) $1,316 $2,787 . Excludes general obligation debt supported by revenues. CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates 2005/06 For 2001/02 2002/03 2003/04 2004/05 Total Debt Only Dakota County(a) 33.102% 32.463% 30.300% 28.267% 26.318% -0- City of Hastings 58.661 50.077 50.110 50.515 50.010 13.375% ISD 200 (Hastin?cs )(b) 22.943 22.906 22.050 22.126 18.683 10.965 Special Districts c) 3.550 3.904 3.518 4.011 3.780 1.732 Total 118.256% 109.350% 105.978% 104.919% 98.791% 26.072% (a) Dakota County also has a 2005/06 tax rate of 0.00592% spread on the market value of property in support of debt service. (b) Independent School District 200 (Hastings) also has a 2005/06 tax rate of 0.24688% spread on the market value of property in support of an excess operating levy. (c) Special Districts include Metropolitan Council, Regional Transit Area, Mosquito Abatement, Dakota County CDA, Light Rail, and Vermillion River Watershed. NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacity rate, expressed as a percentage (see Appendix III). - 14- 1"'" Tax Levies and Collections Collected During Collected Collection Year As of 5-31-06 Levv/Collect Net Levv . Amount Percent Amount Percent 2005/06 $8,414,598 (In the Process of Collection) 2004/05 6,902,903 $6,837,378 99.1% $6,873,894 99.6% 2003/04 5,916,182 5,846,623 98.8 5,899,178 99.7 2002/03 4,821,493 4,770,693 98.9 4,816,300 99.9 2001/02 4,962,981 4,913,156 99.0 4,959,741 99.9 . The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. FUNDS ON HAND As of October 31, 2006 Fund Cash and Investments General $ 3,214,673 Special Revenue 2,056,542 Capital Projects 3,339,966 Enterprise 12,517,860 Internal Service 1,968,555 Trust and Agency 1,745,878 Debt Service: G.O. Debt Supported by Taxes 507,747 G.O. Debt Supported Primarily by Special Assessments 3,519,796 Total $28,871,017 CITY INVESTMENTS As of October 31, 2006, the City's investments at par value, including U.S. Treasury securities purchased at a discount and accruing interest, totaled $27,458,118. The market value of those investments as of October 31, 2006, including accrued interest, is approximately $27,021,907. GENERAL INFORMATION CONCERNING THE CITY The City of Hastings is the Dakota County seat and is located approximately 20 miles south of St. Paul on the Mississippi River. A small portion of the City is located in Washington County. As a part of the seven-county Minneapolis-St. Paul metropolitan area, the City is within the jurisdiction of the Metropolitan Council. The City's population grew approximately 17.9% during the 1990s, from 15,445 in 1990 to 18,204 in 2000 (U.S. Census data). The current population of the City is estimated by the City to be 22,000, a 20.9% increase from the 2000 U.S. Census. i The City encompasses an area of 12 square miles (7,742 acres). i I - 15 - .L - Major Employers in the City Approximate Number Emplover Product/Service of Emplovees Dakota County County government 2,304* Smead Manufacturing Company Stationery supplies 675 Independent School District 200 Public education 650 Regina Hospital Health services 468 Intek Weatherseal Products, Inc. Plastic extrusions 360 Wal-Mart Discount store 186 Target Discount store 150 Allina Medical Clinic Health care 140 Augustana HCC of Hastings Nursing Home 140 . City of Hastings City government 118 Con-Agra Flour and seed 109 Minnesota Veterans Home Boarding Care 100 H.D. Hudson Manufacturing 70 . Includes County offices outside of Hastings. Source: Telephone swvey of individual employers, October 2006. Other major employers of Hastings area residents include the 3M Company's Chemolite Plant in Cottage Grove with approximately 1,000 employees, and Koch Refining Company at Pine Bend with approximately 800 employees. City residents also have access to a wide variety of employment opportunities throughout the Minneapolis-St. Paul metropolitan area. Labor Force Data November 2006 November 2005 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate Dakota County 253,853 3.3% 234,676 3.4% Minneapolis/St. Paul MSA 1,879,230 3.5 1,867,546 3.6 State of Minnesota 2,981,808 3.6 2,956,677 3.7 Source: Minnesota Department of Employment and Economic Development. 2006 figures are preliminary. Recent Development The City issued permits for a substantial number of new building construction and remodeling of existing structures during 2005. At year end, a total of 2,781 permits were issued with a total construction value of approximately $67 million. Building permits were issued for 253 residential units with a combined construction value of $37.2 million. This includes 45 single-family homes and 108 town homes. Total building permits and values as of October 31, 2006 are listed herein under the sub-heading "Summary of Building Permits." i i - 16 - iii. Construction of the following projects began in 2006: Residential Proiects Units Glendale Heights 4th Addition 66 Schoolhouse 3rd Addition 58 Fountain Meadows 49 Featherstone Oaks 12 Jorgenson Addition 3 Retail/Office Proiects Square Feet Walmart Addition 230,304 Regina Hospital Expansion 78,000 YMCA 32,000 School House Square Bank 22,767 Miller Electric Office 19,008 Lawrence Office Building 5,824 Kennedy Elementary Addition 4,985 City Water Treatment Facility 2,664 Dairy Queen 1,300 City Well #8 1,066 Summary of Building Permits Total Permits New Sinqle-Familv Homes Number Value Number Value 2006 (to 10-31) 2,013 $52,674,656 25 $ 3,776,212 2005 2,781 66,606,811 45 8,441,411 2004 2,278 69,646,358 95 15,216,076 2003 2,307 69,764,709 147 23,349,869 2002 1,744 71,049,995 109 16,288,147 2001 903 52,117,886 104 14,230,987 2000 724 48,878,895 95 13,778,188 1999 743 38,993,366 111 15,742,306 1998 802 30,060,087 95 13,561,072 1997 778 33,444,545 61 8,736,919 1996 423 24,620,099 46 6,380,543 Education The City is located entirely within the boundaries of Independent School District 200 (Hastings), which has a 2006/07 K-12 enrollment of approximately 5,200 students. The District employs approximately 650 people and maintains four elementary schools, a middle school, and a senior high school. Health Care Facilities Hospital facilities are available at Regina Memorial Hospital, which is licensed for 57 general hospital beds and 61 nursing home beds. Augustana HCC of Hastings operates a 97 -bed nursing home in the City. Minnesota Veterans Home is located in the City and is currently licensed for 200 boarding care home beds. Source: http://www.health.state.mn. usldivs/fpc/directory/fpcdir. html - 17 - GOVERNMENTAL ORGANIZATION AND SERVICES Hastings was incorporated as a City in 1857 and is governed by a Home Rule Charter adopted in 1973. The City has a mayor-council form of government; the Mayor is a voting member of the Council. One Council member is elected from each of the City's four wards and two are elected at large; all serve overlapping four-year terms. The Mayor is elected at large for a four-year term. The present Mayor and Council members are: Expiration of Term Michael D. Werner Mayor December 31,2006* Anthony Alongi Council Member December 31, 2Q08 Danna Elling-Schultz Council Member December 31,2008 Turney Hazlet Council Member December 31, 2008 Paul Hicks Council Member December 31,2006* Lynn Moratzka Council Member December 31, 2006* Edward E. Riveness Council Member December 31,2008 . On November 7, 2006, Paul Hicks was elected Mayor and Mike Slavik and Barbara Hollenbeck were elected as Council Members. They will assume their positions in January, 2007. , The City Administrator, Mr. David Osberg, is the chief administrative officer and by the City's ! Charter is responsible to the Council for the proper administration of all affairs relating to the City. The City Clerk-Administrative Assistant is Ms. Melanie Mesko Lee and the Finance Director is Ms. Charlene Stark. All three positions are appointed. The City employs approximately 112 full-time and 3.75 part-time personnel. The police department consists of 30 full-time members and the fire department has 17 full-time and 38 volunteer firefighters. Hastings has a class 4 fire insurance rating. Municipal water is supplied by six wells. The water utility has a storage capacity of 2,750,000 gallons, and pumping capacity of 5,100 gallons per minute. Average and peak demands have been approximately 2.6 and 7.2 million gallons per day, respectively. Although the City owns and operates its own sanitary and storm sewer collection systems, the wastewater treatment plant is owned and operated by the Office of Environmental Services ("OES"), an agency of the Metropolitan Council. The City is billed an annual service charge by OES, which is adjusted the following year based on actual usage. The City owns and operates a hydroelectric plant, which began operating in August 1987. Xcel Energy, formerly Northern States Power, is under contract to purchase power from the plant through June 30, 2033. The City established a 4% electric utility franchise fee, effective January 1, 1997. This fee is expected to generate approximately $330,000 per year through 2006 and is for all power sold within the City. In 2001, the hydroelectric power plant suffered extensive damage from the spring flooding on the Mississippi River. Funds from FEMA and a prior bond issue were used to repair and enhance the hydroelectric plant to prevent a repeat of the 2001 flood damage. The modifications will protect the plant from future floods up to a 500-year event. - 18 - t ; 1 Employee Pensions All full-time and certain part-time employees of the City 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 retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan. All police officers, fire fighters, and peace officers who qualify for membership by statute are covered by the PEPFF. The City's contributions to the PERF for the years ended December 31, 2005, 2004, and 2003 were $186,878, $188,687, and $166,651, respectively. The City's contributions to the PEPFF for the years ended December 31, 2005, 2004, and 2003 were $227,516, $225,964, and $207,582, respectively. The City's contributions were equal to the contractually required contributions for each year as set by state statute. Firefighters of the City are members of the Hastings Firefighter Relief Association. The Association is a single-employer, defined benefit pension plan that was established in 1954, and operates under the provisions of Minnesota State Statutes, Sections 69 and 424A, as amended. The Association is governed by a board of six officers and trustees elected by the members of the Association for three-year terms. The City Mayor, City Clerk, and Fire Chief are ex-officio members of the Board of Trustees. Total contributions to the Association in 2005 amounted to $191,300 of which $26,817 was paid by the City and the remaining $164,483 was state-aid. Other Postemployment Benefits The Governmental Accounting Standards Board (GAS B) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (GASB 45), which addresses how state and local governments must account for and report their obligations related to post-employment healthcare and other non-pension benefits (referred to as Other Post Employment Benefits or "OPEB"). GASB 45 requires that local governments account for and report the annual cost of OPEB and the outstanding obligations and commitments related to OPEB in essentially the same manner as they currently do for pensions. The City provides dependent health care coverage to retirees after the ten years of service, that were hired prior to 1993. The benefit commences upon retirement or age 55 (whichever is later) and terminates after ten years or upon reaching medicare age, whichever comes first. The expenditures for this benefit are accounted for within the internal service fund. During the fiscal year 2005, the City's cost for this benefit was $196,431 for approximately twenty retirees. The fund is 100% funded for all current retirees as of the end of the current year. As of December 31, 2005, the present value of future retiree health insurance at estimated health costs is reflected below: Year Amount 2005 $ 300,821 2006 292,898 2007 304,156 2008 353,728 2009 398,891 2010-2014 1.909,416 Total $3,559,910 - 19- Summary of General Fund Budget 2005 2006 BUdqet Budqet Revenues: Taxes $4,453,349 $4,971,973 Licenses and Permits 732,600 750,400 Intergovernmental Revenue 513,664 553,932 Charge for Services 780,187 822,700 Fines and Forfeits 93,500 96,900 Interest Earnings 97,824 113,137 Transfers 569,000 - 0 - Fund Balance 43,000 - 0- Bond Proceeds 100,000 332,685 Miscellaneous 10,281 1,710 Total Revenues $7,393,405 $7,643,437 Expenditures: Personal Services $4,546,883 $5,125,164 Other Services & Charges 1,631,485 1,797,233 Supplies 223,040 268,610 Capital Outlay 900,097 676,569 Transfers 91 ,900 111,461 Total Expenditures $7,393,405 $7,979,037* * It was expected that the difference between total revenues and expenditures would be financed by the use of surplus balance. - 20- APPENDIX I PROPOSED FORM OF LEGAL OPINION 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT PAUL, MINNESOTA 55101 BRIGGS AND MORGAN 1ELEPHONE (651) 808-6600 FACSIMILE (651) 808-6450 PROFESSIONAL ASSOOA110N WWW.BRIGGS.CDM $1,780,000 GENERAL OBUGA TION IMPROVEMENT REFUNDING BONDS, SERIES 2007 A CITY OF HASTINGS DAKOTA AND WASHINGTON COUNTIES MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Hastings, Dakota and Washington Counties, Minnesota (the "Issuer"), of its $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007 A, bearing a date of original issue of February 1,2007 (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 offact 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: (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, 1-1 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 minimum 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 ofthe 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. Dated at Saint Paul, Minnesota, this _ day of February, 2007. Professional Association 1-2 APPENDIX \I CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Hastings, Minnesota (the "Issuer"), in connection with the issuance of $1,780,000 General Obligation Improvement Refunding Bonds, Series 2007A (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted January 16, 2007 (the "Resolution"). 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 l5c2-l2(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: "Annual 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. "Audited Financial Statements" 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. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing 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. The National Repositories as of the date of execution of this Undertaking are as listed on Exhibit A. "Occurrence(s)" shall mean any of the events listed in Section 5.A. of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated ,200_, prepared in connection with the Bonds. 11-1 "Owners" shall mean the registered holders and, ifnot the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters ofthe Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Depository. "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule l5c2-l2(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. "State" shall mean the State of Minnesota. "State Depository" 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, , i 200_, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31,2007, 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. I c. Any filing under this Disclosure Undertaking may be made solely by . transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at I I http://www.disclosureusa.org unless the United States Securities and Exchange Commission has I withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. , SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial infonnation 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: 11-2 A. an update of the type of information contained in the Official Statement under the caption CITY PROPERTY V ALVES; CITY INDEBTEDNESS; and CITY TAX RATES, LEVIES AND COLLECTIONS; B. 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. Reporting 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, ifmaterial: (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) bond calls; (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. Ifknowledge 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 any. 11-3 .-,,<,- ~ ----- 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 ofReoorting Obligation. 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 Agent. 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 infonnation 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 infonnation 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 perfonnance. SECTION 11. Beneficiaries. This DiSclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. 1/-4 . SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any infonnation required under the Rule if a final detennination 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 detennines that such modification is required by the Rule or by a court of competent jurisdiction. Date: ,2007 CITY OF HASTINGS, MINNESOTA By Its Mayor By Its Clerk JI-5 .---- -~ EXHIBIT A List of Nationally Recognized Municipal Securities mfonnation Repositories Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: 609-279-3225 Fax: 609-279-5962 Email: Munis(cV,Bloomberg.com h ://www.bloomber .com/markets/munici al-contactinfo.html DPC Data mc. One Executive Drive Fort Lee, NJ 07024 Phone: 201-346-0701 Fax: 201-947-0107 Emai I: nrmsir(cV,dpcdata. com http://www.dpcdata.com FT mteractive Data Attn: NRMSIR 100 William Street, 15th Floor New York, NY 10038 Phone: 212-771-6999; 800-689-8466 Fax: 212-771-7390 Email: NRMSIR(cV,interacti vedata. com htto://www.ftid.com Standard & Poor's IJ. Kenny Repository 55 Water Street 45th Floor New York, NY 10041 Phone: 212-438-4595 Fax: 212-438-3975 Email: NRMSIR repositorv(cV,sandp.com www.iikennv.comJiikenny/pser descrip data rep.html * This list is current as of the date of issuance of the Bonds. 11-6 I _._-,_._-----~_.._.- APPENDIX J/J SUMMARY OF TAX lEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION (effective through payable 2006 with 2005 Legislative changes incorporated) Following is a summary of certain statutory provisions effective through payable 2006 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Minn. Stat., Sec. 273.11, Subdivision 1a, was amended in 2005. For assessment years 2005 and 2006, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 25% of the difference between the current assessment and the preceding assessment. For assessment year 2007, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2) 33% of the difference between the current assessment and the preceding assessment. For assessment year 2008, the amount of increase shall not exceed the greater of (1) 15% of the value in the preceding assessment or (2) 50% of the difference between the current assessment and the preceding assessment. Taxable Market Value. The Taxable Market Value is the value that property taxes are based on, after all reductions, limitations, exemptions and deferrals. It is also the value used to calculate a municipality's legal debt limit. Indicated Market Value. The Indicated Market Value is determined by dividing the Taxable Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The Indicated Market Value serves to eliminate disparities between individual assessors and equalize property values statewide. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, expressed as a percentage. 111-1 I I ~ Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty that, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1 % penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the jUdgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county _ 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, county program aid and disparity reduction aid. 111-2 Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Obligations issued to pay judgments against the municipality. levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- wide tax base shall be distributed back to each assessment district. 111-3 - STATUTORY FORMULAE: CONVERSION OF ESTIMATED MARKET VALUE (EMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Local Tax Local Tax Local Tax Local Tax Local Tax Payable Payable Payable Payable Payable Property Tvoe 2002 2003 2004 2005 2006 Residential Homestead Up 10 $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1.250% 1.250% Residential Non-homestead Single Unit Up to $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1.250% 1.250% 2-3 unit and undeveloped land 1.500% 1.250% 1.250% 1.250% 1.250% Market Rate Apartments Regular 1.800% 1.500% 1.250% 1.250% 1.250% Small City 1.800% 1.500% 1.250% 1.250% 1.250% Low-Income 0.900% 1 1.000%' 1 1 0.750%' -- -- Commerciallfndustrial/Public Utility Up to $150,000 1.500% 1.500% 1.500% 1.500% 1.500% Over $150,000 2.000% 2.000% 2.000% 2.000% 2.000% Electric Generation Machinery 2.000% 2.000% 2.000% 2.000% 2.000% Seasonal Recreational Commercial Homestead Resorts (1c) Up to $500,000 1.000% 1.000% 1.000% 1.000% 0.550% $500,000 - $2,200,000 1.250% 1.250% 1.250% 1.250% 1.000% Over $2,200,000 1.250% 1 .250% 1 .250% 1.250% 1.250% Seasonal Resorts (4c) Up to $500,000 1.000% 1.000% 1.000% 1.000% 1.000% Over $500,000 1.250% 1.250% 1.250% 1.250% 1.250% Seasonal Recreational Residential Up to $500,000 1.000% 2 1.000%2 1.000%2 1.000%2 1.000%2 Over $500,000 1.2500// 1 .250%2 1 .250% 2 1.250% 2 1 .250%2 Disabled Homestead 0.450% 0.450% 0.450% 0.450% 0.450% Agricultural Land & Buildings Homestead Up to $600,000 0.550%2 0.550%2 0.550%2 0.550%2 0.550%2 Over $600,000 1.000%2 1.0000// 1.000% 2 1.000%2 1.000%2 Non-homestead 1.000%2 1.000%2 1.000%2 1.000%2 1.000%2 1 Rate increased to 1% in pay 2003, classification abolished for pay 2004 and pay 2005, and re-established at a rate of O. 75% in pay 2006 and thereafter. 2 Exempt from referendum market value tax. 111-4 APPENDIX IV EXCERPT O~ 2005 ANNUAL ~INANCIAL STATEMENTS The City is audited annually by an independent certified public accounting firm. Data on the following pages was extracted from the City's comprehensive annual financial report for fiscal year ended December 31, 2005. The reader should be aware that the complete audits may contain additional information which may interpret, explain or modify the data presented here. The City has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report for the year ended December 31, 2004. The Certificate of Achievement is the highest form of recognition for excellence in State and local government financial reporting. The City has received this award every year since 1996. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report (CAFR), whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City believes its CAFR continues to conform to the Certificate of Achievement program requirements and has submitted its CAFR for the 2005 fiscal year to GFOA. IV-1 II Tautges Redpath, Ltd. Certified Public Accountants and Consultants INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and Membe~ of the City Council City of Hastings, Minnesota We have audited lhe accompanying financial swements of the government.al activities. the business-type activities, the discn:tely pft:Scmed component unil. each major fund. and the aggregate remaining fund information of the City of Haslings, Minnesota, as of and for the year ended Decembet 31. 2005 which collectively comprise the City of Hastings, Minnesota's basic financial SWements as listed in the table of contents. These financial statements are the responsibility of the City of Hastings. Minnesota's management. Our responsibility is 10 express opinions on these financial statements based on our audiL We conducted our audil in accordance with auditing standards generally accepted in lhe United Stales of America and the st.a.ndards applicable to financial audits contained in GOllef7ll'MnJ Au.diling SrandlJrds. issued by the Comptroller General of the United SLales. Those standards require that we plan and perfonn the audit to obtain reasonable assurance about whether the financial statements are free of material misstalement. An audit includes. consideration of inlemal control over financial reponing as a basis for designing audit procedures that are appropriate in the circumstano;s. but not for the purpose of expressing an opinion on the tfrC:Clivenc:ss of the City's internal conlrol o....er financial rr:porting. Accordingly. we express no such opinion_ An audit includes examining. on a test basis, evidence supponing the amounts and disclosures in the: financial slateme:nIS. An audil also includes assessing the accounting principles used and significaOl estimates made by management, as well as evaluating the overall financial Slatement presentation. We believe that our 3udil provide5 a reasonable basis for our opinions. In our opinion, the financial statements referred to abo....e presenl fairly, in all malenal respects, the respective financial position of the governmental activities, the business-type activities. the discretely pr~nted component Unit, each major fund, and the aggregate remaining fund information of the City of Hastings, Minn~la. as of December 31, 2005. and the respective changes in financial position and cash flows, when:: applicabJc. thereof for lhe year then ended in conformilY with accounting principles generally accepted in the United States of America. In accordance wilh Govunmenr Audiring Scan.dards, we have also issued a repan dated April 27, 2006 on our conSideration of the City of Hastings, Minnesota's imernal comrol over financial reporting and OUf leSlS of Its compliance with certain provisions of laws, regulations, contraClS and granr agreement and other matler.;.. 1lle purpose of that report is to describe the scope of our testing of internal control over finaoc;ial reponing and compliance and ~ results of that testing and not to provide an opinion on the internal control over financial reponing or on compliance. That report is. an integral part of an audit performed in accordance with Gove~nt A.udiling St4ndards and should be read in conjunction with this report in considering the results of our audit The Managemenr's Discussion and Analysis as listed in tbe table of contents is nor a required pan of [he basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied cenain limited procedUll:S, which consisted principally of inquiries of management rt:garding the methods of measurement and presentation of the ~uim:l supplementary information. However. we did not audit the information and express. no opinion on it Our audit was made for the purpose of forming opinions on the financial statements that collectively comprise the City of Hastings. Minnesota's basic financial stalc:ffients. The inuoductory section, other supplementary fmancial information and statistical section are prescnled fat purposes of additional analysis and are not a required part of the basic financial statements. The other supplemenlary financiaJ information have been subjected to the: auditing procedures applied in the audit of the basic financial statements and. in our opinion, is fairly staled in all material respects. in relation to the: basic fmanetal statements taken as a whole. The inlroduclory section and statistical tables have not been subjected to Ole auditing procedures applied in the audit of the basic financial statementS and, accordingly, we express no opinion on lhem !lzll r~~,J:1. ,HUl TAUTGES REDPATH. LTD. White Bear Lake:. Minnesota April 27, 2006 IV-2 City of Hastings Statement ofNel Assets December 31, 2005 Component Unit Primary Government Housing Governmental Business-Type and Activities Activities Total Redevelopment ASSETS Cash and investments $ 26,360,956 S 10,947,884 $ 37,308,840 $ 626,030 Receivables, net 8,998,442 1,207,963 10,206,405 255,217 Prepaid items 19,117 76,007 95,124 7 Inventories 8,247 - 8,247 - Capital assets, net accumulated depreciation Land and Construction in Progress 7,016,425 397,825 7,414,250 926,410 Infrastructure 35,107,109 17,263,861 52,370,970 Buildings, property, and equipment 14,232,231 10,339,814 24,572,045 4,124,771 Total assets $ 91,742,527 $ 40,233,354 $ 131,975,881 $ 5,932,435 LIABILITIEs Accounts and salaries payable $ 1,3 75,949 $ 139,556 $ 1,515,505 $ 2,170 Interest payable 444,779 37,231 482,010 85,750 Noncurrent liabilities: Due within one year 4,400,254 1,289,939 5,690,193 4,043,819 Due in more than one year 32,817,931 4,732,817 37,550,748 47,336 Total liabilities 39,038,913 6,199.543 45,238,456 4,179,075 NET ASSETS Invested in capital assets, net of related debt 21,990,765 21.673,774 43,664,539 907,141 Restricted for Debt service 17.555,823 17,555,823 4,129,569 Permanent Funds-Non Expendable 1,253,021 1,253,021 Unrestricted 11,904,005 12,360,037 24,264,042 (3,283,350) Total net assets 52,703,614 34,033,811 86,737,425 1,753,360 Total liabilities and net assets $ 91,742,527 $ 40,233,354 $ 131,975,881 $ 5,932,435 The hotes to the financial statements are an integral part of this statement IV-3 --'-- '''11'' .-~ :; :;1 ~ ;::: ~ ~~:;: ~ i;l ~ ~~ ~ ~ 0 NN~M 1l ~ M'..... 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M ~.; 0 c..~" a ,- ctl ~ ~ ... ... ... u 0 ~ <:> 3 ~ 0 'a. ;; ~ '3 ~ ~ "- lo.:lil ~ ... ::l CD eo v ] ~ ,,~~ .!i "-"~~O ~ ~ ~..g :t U ~~~~... ~ ~ ]_.-E-E " ~ 0 m...g"5 "'2 0 '" ~ .- 1l ~ a ~ 0 0 '" . ~ - !l, ] i ~ g o "" i!.'- .- Q ~ ~ -g .- .:J ~ .z -~ I ~ ~ .. ~..2.h.;g .;g.;g 11" :3 ~ ~~ ~ "'9 Q" ..2..2 0..2 ~ ..2 J Q 4>uu)3tl "E.- ~ .2 g 3: ~ .l:1 > ~ UZ~~~~ t ~~j~u~ U.l:1~~~ E e:E~~3~:3 u :O!l,!I,"5;: :0 8.""ll"iju gu..2] ~ ~ M~-.o~n - ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~.~ ~ ~] ~ .~ ~ .~] ~ ~ e ~ '" ,- ~ ~ -5~ H ~" 9 9 .0 8 .- ~ 0 H 11 ,> ~ ~.l:10]-~.2-l:~ -0 -02 Q" ..c.. __ ~;"~:H~~ 8~'-c~ ,11 11 ~ ~ 9 II .. 1l :!! 9 ~ ~ E ~ o.:;;! "3 ~ :;;! il g g ~ !l ",Iii .8ii~-:3.g;;:!!s 3 I~~@gg~~~~f!~~!~.~il.i~l.iu~~ 0 0 '" ~ ~ ~ II ~ glt ~ H ~ H: ~~<UQO ]~~~joao~~~uo~u~ g " ~u...u]<I-"'QQ...!;j ...:l...J t6.. ~ ~ !- ~ IV-5 City of Hastings Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets For the Year Ended December 31,2005 Amounts reported for governmental activities in the statement of net assets are different because: Total Fund Balances $ 24,640,854 Capital a,ssets (net of depreciation) used in govenunemal activities are not financial resources and, therefore, are not reported in the funds. 56,355,765 Other long-term assets are not available to pay for current-period expenditures and therefore are deferred in the funds. 7,014,394 Long-term liabilities, including bonds payable, are not due and payable in the CWTent period and, therefore, are not reported in the funds. Bonds Payable (34,895,000) Bonds Interest Payable (444,779) Unamortized discount/premium 243,292 Net Assets of Internal Service Funds used in Governmental activities. (206,248) Net assets of governmental activities $ 52,708,278 The notes to the financial statements are an integral part of this statement I I i , I IV-6 '-"'O"Ol OOr--oo.\OMN 8""-0\0 ~ 8 $ ~ ~t-- ...~ ... 0 ~ OO.....NCCI'Ooooo......O..., ~=.~~~~ r- N 00 l"'l ... ~- ~ r-r-N.....NN_N......V"'lr"\ . t'!. 00. ""'!. ~ Ot"-r"'l'O" '0-0 Hl ~",..f'"i~~~.~:ir~~~ ooMI'-O\"", 0. V'looMOOO vi M oo...j <-ir:o: ,,; -O\-.....O\N OI,O......NVl ~~8~ 0..__1""\ C"). 00.\0 O."lv\~"'". ":,I'-.oct -"N. 00-",,0'0 C( ~o...r;. '0. 00 _ NN_!:: -..- '" - N~ ~ r: -.ici O\......oo~ ~~(.l., '" - N 0 C> .. ~ .. '" -1t")'Of"'- ..."'~ ~ N - ... '0 oo~ l-r\II'lOO gi,~ '" ~.~~.:; '" "'-"., ~.... - "., ~ 00 g:t~~ "l "'. .....'It.r-'\. N.O. ~ 0 '" 00 0: ;!;;:;~~~ ~ ~ '" ~~ or: 0 ..;~ ~;q;ig '" - ;J:;;!; ~ ~ '" "! -o._~__ I'.f"t ... ~ ~ NOOf"'-V"'l o~~Jl -.. - - ..; ~".:; 0 C> .. ~ ., g g . ", ... ~~ ~ M ...f:' -"1'1 = :! '0 "., "., "'''' ~~;gN .", ... 0 "'.... 'n~ ",," rr\ 00 ..; 0 ~. g;" i~~g: ... - '" .,. '" ., ... '" ~~ N.~r-- "It ..: e a N M ]'8 .. .. .. 0 "'8"'''1'' '" '0/'" '" "'0'" ;g ..., N ... ... ...'" q ;;;-~-;;; '" M N 0 ~o:. .~ ~ viro-i vi ..; ;i~ ..; ......- ....,. r .. '" O\~~ .;<j o':l r !l .. .... .. ... 0 ';;- 8 .... MO., ... 0"'_ '" ~ f"- 0 ClCl 00 S:gr:::~ :l: '" ~"'.,. ... 8~'" '" Cf,~~;z - 8 "'- '" .1"-.00. '" . ""'too. ~ ~"'''' 11 ~E "'..'" ..; ...."'~ if. i ':foRi 00";'0 ~ '" '" ...."'''' .., 0"'... '" <:> - '" .. - - .., "'-... ., 0 "'."1 -"'~ "! Jj '" N .; r-i...: .; ..; .....}"\t--.o . '" ... ... .. '" ~ .. ml :}; ... '" ",I 5' r- ,5 "., . ~<!; ... 8 8~0\"" 8 U ... r-OO....O'r.! "'. "'-M ~ '" OoO~trj"; ...:~ 0 0000.- 0 N '" '-'V'l_ 0- <:> "'''' - ., ;Qa.~~ '" '3 ~ Noo ~ '" '" ... ~.;<ji .e1 ...: - ~ fi !i.] 3 ... ... .. ~ '3 !: l! , a ~ggQ M _ ~ ~:g~&:;5:t;:; .....r-\C,oOQ ~8 --r ;g M '" ~ "'..,o-.V"lN '" M oooooor- 'o'ilp '" ~ N f'!."ir-.~-_"1.~ 0\. 1"--. 00. C'1. 00. ~.-. ....0 r--N I' 0 ~ e r-" vi l""l" ~""\OO\"""r--...... "Itr--r--o.f"'\ ~ - DCJ....; ..,..0-....... ...: 0 ~ '" OOo-'<tClOO\'I:t"l NOCV\V'lCIQ ON "'''' ~~~o :; '~! > <li \0 O\V'I '0 ~~::} ~ ~ '" "'~ u <3 il . .; ~ ~ ..,...; Q, '" ], ri >- . ... .. ... . , il .9 ~ :; u;- > ~ ~ ~ . ... " '" ..: , 8 g ~ ~ = 0 . > ~ il n " 0 ~ ~ . ~ u ~ g E ~ !S ~.!! 8 .!I .!I S s:: .... ~ ~ II 0 ti s~ S ",. ~ c _ =.0 fl j n .~ a '" ~u .a '" j " = 0 " 6 a u ,_ " ~ 'g S 11 U .= e 0. y ~ '" ~ "'''M g~' ~S~.!l ~,,'il{ifi~ 1l ,5. f I - " e ~ ~ ~ -5 0 c ~ Q, u .~ _ " " .0 e s'.j > ~ l;> ~ . o. ~ ~ "- -5 ~.8 .. n .!J ~ ~ e ~ ;/ e 0 ~ ~ '" ~ ;: '" ~ >. ~ ~ ~ ~ 0.0 I n .s ~~;!Bl~JI~I~gi;~:Jill;!j~~I!jJ~II~i~~ 2 n ~t~E~g5IJ!J~ ~Eflt~la8~~~~~ ~JQ,__~ ]] <5 ~>-18~- n~ B~"'. x w_ - - _~~~~. "'''' 0 . ~21!j ._.ss ...- -3 ~ f-o..,o -; 33 .c ~c ~~~~u~~ 0 v Oc~~~~ ~~ ... IV-7 City of Hastings Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended December 31,2005 Amounts reported for governmental activities in the statement of activities (B-1 are different because : Net change in fund balances - total governmental funds (from C-2) $ 5,921,842 Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. 1.459,664 The net effect of various miscellaneous transactions involving capital assets including disposal, which increase net assets. (262,241) Governmental funds report debt payments as expenses. However, in the statement of activities the annual bond payments reduce the payable that is setup when debt is incurred. 2,805,000 Changes in bond interest payable. (53,359) Special assessments, property tax and tax increment collected for prior years. (257,672) Capital contributions donated by developers. 4,904,230 Change in amortized bond issuance costs and discount (43,760) Change in loan receivable 55,599 Governmental activities reported in internal service funds (173,243) Governmental funds report bond proceeds as revenue. However, in the statement of activities the proceeds are recorded as a payable and reduced each year as bonds come due. (7,875,000) Changes in net assets of governmental activities. $ 6,481,060 The notes to the financial statements are an integral part of this statement IV-8 I , l I City of Hastings Statement of Rcvc:nues. Expenditures and ChaDges in Fund Balance - Budget to Actual Geneml Fund ~ For tile Y= Ellded December 31,2005 Variancewitt1 Final Budget Budgeted Amounts ActUal Positive Original Final AmotUlls (Negative) REVENUES Property taxes S 4.094.848 S 4,094.848 $ 4.187,833 S 92,985 Gravel tax 6,000 6,000 5.781 (219) Lodging laX 2,500 2,SOO 3,237 737 1.iccn= 8Dd pc:nnits 708,400 708,400 684,289 (24,111) F'mes and forfeitures 96,200 96,200 95,265 (935) Intergovernmental 628,664 628,664 946,755 318,091 Cbalges fur services 791.687 794.787 589,983 (204,804) Investment earnings 97,824 97,824 95,104 (2,ne) MisceUaneous 5,281 15.239 47.384 32,145 Total ~veraues 6,431,404 6.444,462 6.655,631 211.170 EXPENDITURES General governmeDt Legal 137.000 137,000 135.616 1.384 Mayor, legislative. city manager 410,658 406,858 406,677 181 FiDance and accounting 384,668 381,468 316,333 65,135 City clcrlc and elections 106,092 106.092 113.766 (7.674) Planning and economic development 164,987 165,287 171,787 (6,500) LT. 233,468 207,468 185,431 22,037 Building mamtenaDcc 232,890 282,890 284,527 (1,637) Miscellaneous 72,620 72.620 65,679 6.941 Public safety; Police 2,562.665 2,608.870 2.663,893 (55,023) Building safely and code enforcement 479,849 472,924 410,633 62,291 Emergency management services 17,700 27,200 29,609 (2,409) Animal control 12.500 12,500 5.404 7,096 Public works: Ellgineering 573.652 573,652 504,764 68,888 S tree( maintenance 1,497,820 1,465,420 969,600 495,820 S=ligbts 196.500 202,500 210,041 (7,541) Health a.o.d sanitation: Reforestation 37.303 38,803 36,126 2,677 Recy<;ling 1,532 9,732 18,394 (8.662) Spring cleanup 7,500 7.500 4,736 2,764 Cultural and reaeation: Senior center 50.000 50,000 45,142 4.858 Le Due mansion 130,000 130,000 342,973 (212,973) Total charges to appropriations 7,309,404 7,358.784 6,921,131 437.653 Excess (deficiency) of revenues over expenditures (878.000) (914,322) (265,500) (648,821) OreER FINANCING SOURCES (USES) Transt"en in 569,000 589,000 898.787 (309.787) Transfers out (84,000) (84,000) (84,000) T otaJ other fiDanc:ing SOW'CeS and uses 485,000 505,000 814.787 (309.787) N.:t change in fund balances (393,000) (409,322) 549,287 (958,609) Fuodbabn~Be~g 4,461,784 4,461,784 4,461.784 Fuud babnce-Ellding S 4,068,784 S 4,052,462 S 5,011,071 958.609 The notes to rhe financial statl:ments are an integral part oflhis statement.. IV-9 City of Hastings Statement of Fund Net Assets ProprietaJy Funds December 31,2005 Busin=<)pe Activitic>- GoVm>menl3l s.u..,mse Fwds Activi1:it3- h>l=al Sc<viee Wale< Sewer Tnuntt Hydro To,,", FUDCls ASSETS c.r.... """" Cash and cash equivalents S 4,784.786 S 4,255,191 5 306,277 S 1.601,630 S 10.947.884 S 2.102.042 lnte<eot=<Mble 33,090 3J,837 2,08S II,an 78,889 14.895 ~llCt 283,443 383.580 750 221,472 889,245 Taxes recciYab1e 1,272 1.272 Spccialll$$C$SlnC:Dt receivable J2,.319 57.97S 70,294 Ow: from other sovtnIIDCIUS 781 41.543 42,324 PJ.paid il=s 1,443 74.525 13 26 76,007 TotiLl CWTCnt lS$dS 5,115,862 4,803,(08 351.,940 1.835,005 l2,105.915 2,116.937 Noacum:ot 1I$SCtS: AcIvmee from olher fwuIs 300.000 300,000 BoDdOiscount 35.491 35,491 BoIldIs.suaoccCosc:s 32,.335 32,335 Urwnortized Refunding COSfS 58.113 58,IIl I C.pita!*SSC:ts: Un<! 349,.300 3-49,.300 BuilcliDgs ODd.,..,... 1.138.636 6.831.566 7,970,202 Impro'mDClU$ other than buildings 3,783,475 3.183,.75 MachiDc:ry and equipmCUl 865.898 428,563 204.nS 3.625.723 5.124,959 1_ 15.052,135 14.599,196 29,651,331 ClP 4ll,S25 48.525 1..ess accwnuialed depreciAtion (8,261.764) (6.368.785) 097.763) (4,097,980) (18.926,292) T oed noP~une:ot assets 12,976.205 8,958.974 7,012 6,485,248 28,427,439 TOTAL ASSETS 5 18.092.067 S 13,762.082 S 358,952 S 8,320,253 S 40.533,354 S 2.116.937 UABILrnES Cum::nr liabilities: SalariC$ payable S 7,131 S 2.548 S 3.576 S 1,094 S 14,350 S Accowns payable 79,461 5,,527 3.636 19,306 107,930 Due 10 o1hc:r- govenwenLS 15.000 195 1,997 84 17,276 Interest payable 14.435 22,746 37.231 Compeosolcd ....= 4.933 2,686 1,983 1.259 10.861 57.256 Bonds, DOtes., aad loans payable 685.000 575.000 1.260.000 Total currc::at liabilitics 806.011 10.956 11,192 619.489 1.447.648 57.256 NoccurreDt liabilities: Co~.bse= 83,344 31,400 l4.l85 7.966 tJ6,895 880.209 Retiree health insurance 1.385.720 Advaacc 10 other fUads 300.000 300,000 BoDds. DOtes. and loans pay;ible 640.000 3.975,000 4,615.000 TOWDOoc::untnt liabilitic:s 723,344 31.400 14.185 4,282,966 5.051.895 2.265.929 Total liabilities 1,529.355 42.356 25,377 4,902,455 6,499,543 2.323.185 NET ASSETS 1nV'C$ted. in capitiJ assetS.. net of n:latetj debt 11.6.S1.20S 8.658,914 7.012 1.,935,248 22.252.439 Re$uiole<t Dcbtse:rviees 699.485 S97.74<j 1,297,231 lJmcslrieted, 4.2 U.022 5.060,752 326.563 8.84.804 10..(84,141 (206.24g) TObIDdas.sets 16.561.712 13,719.726 333.575 3,417.798 34.033,811 (206.248) NET ASSETS AND UABIUTIES S 18.092.067 S 13,762.082 S 358,952 S 8,320.253 S 40,533,354 S 2,116.937 The notes to the finlncial stltc:rnau:s an: an integral part of this $l3tt::rncnt IV-10 - - '",',,_"".__r~,"._"'___.:'''._ , City of Hastings Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Funds For the Year Ended December 31, 200S 00_ B~Ac:tivities_ Activities- Enle,priseFlDlds IDteroa/ Service Water Sewer Transit Hydro Totals FWlds Operatiog rcveaues: Cbarges for services S 1.891.134 S 1,795,202 S 47,376 S 1,71S.5l4 S S.449,226 S Tola! opaatiDg revenues 1,891.134 1,795,202 47.376 1.715,514 5.449,226 Operatiog expenses: Pcrsooal sorvic<s 362.401 221,372 261,307 87,198 932,271 241,24 Other sorvic<s and cha:ges 518.569 92,782 19,491 273.860 904.702 Supplies 66,952 3,024 31,336 2.859 104,171 Metro W.... control cha:ge - 861,895 - - 861,895 !lep=iatiOll 493.477 379,246 21,036 301.917 1,195,676 - Tola! opentiog expense 1.441,399 1,558.319 333,170 665.834 3.998.722 241,247 Opaating income Qoss) 449,735 236,883 (285,794) 1.049.680 1.450.504 (241,247 Nonopenting .....cuues (expecses) Taxes - 14,676 - 14,676 - Spc:ciaI as,-~."" (1.098) 3,586 !l8 - 2.606 - ltItergovc:mmcotal 210,056 1.860,899 2.070.955 5,493 lnvestmcDt earuings 125,488 120,289 9,012 5.053 259.842 62,511 Other 1.234 - 4.964 6,198 Donated assets 70,500 92.690 163,190 Bond inlerest (35,034) - - (294.183) (329,217) FiseaJ agent cha:ges (600) - (18,548) (19.148) Gain (Loss) on disposal of fixed asset (120) (106) - - (226) Total nonoperating ~veoue (expenses) 160,370 216,459 233,862 1,558,185 2,168,876 68,004 Income (loss) befort: cootributions and traosfers 610.105 453.342 (51,932) 2,607,865 3,619,380 (173,243) Capital contributions 194,988 126.450 - 321,438 Tracsf= in (out) (728,413 ) (545,472) . . (1,273,885) Change in net assets 76,680 34,320 (51,932) . 2,607,865 2,666,933 (173,243) Tou.! Del =--<<ginning 16,486,032 13,685,406 385,507 809.933 31,366,1l78 190,119 Total Del assc:ts-ending S 16,562,712 S 13,719,726 S 333,575 S 3,417,798 S 34,033,811 S 16,1l76 The DOtes ro the financial statements are an integral pan: afthis statement. IV-11 " \ City of Hastings Statement of Cash Flows Proprieoary Funds For Ille Year Ended December 31, 2005 Govcmmental ~ 8~cAcrivities- Aaivilies- t E_Mmds ~Scmce ~ w_ Scw<r Transit HyOro ,ata!> F...", r; Ii CASH FLOWS fROM OPERATING ACTMTIES Cash rccc:ivcd from acscotr:I\:S and 1ISCr.> $ 1.297...0 I 1.m.468 $ 48.126 $ l.8TI.16S $ 5.595,202 I p~ lO supplim for soads.aDd =vices (SIl4,2!8) (973.551) (47.916) (281.073) (1,887.828) (265.755) PaymcuIS 10 cmployec:s ("9.139) (209.245) (261,228) (87.913) (917,525) 0__ 4._ 4,%4 '. Nercasb provided by apctatil1g activities 894.013 S89.6n (261.018) 1..512,146 2.134.813 (265.755) CASH FLOWS FROM NON CAPITAL \i: FlNANCING ACTMTlES l!' Trmsfers (la) froruotbcr fu:nd.s (128,413) (545,472) (1,213.885) I Subsidy frmD fcdaal aod. stzlIe grants 235.176 235,776 5.493 Net Cash provNSed (used) by 1 DOll capital aDd fUWlCin& activities (728,413) (S4S.472} 2JS,7i6 (1.038,[01)) 5,493 I CASH FLOWS FROM CAPITAL AND RELA'lEO Receipts from FEMA Grant 1.860 .899 1.860.899 t FINANC~G ACTIVITlES Proc:ec:ds from cap~1 debt 640,000 640,000 Purcba:seso{c.apitalasser:s (91.155) (9.031) (21.740) (121.926) PrmcipaI paid on c:api:za.l debt (40.000) (560.000) (600.000) Incc:n::st patd OIl cap~ debt (J5,798) (2%.s5S) (332.353) Proceeds from sa.le of fixed 1S$dS l,.2H 1,234 Olbe:r rcccipls-spcci. zscssmc:a.ts and taxes l.51J ,U.50 13.522 (200) 20.699 Otbc:r (pa)'Ulcnt3) Rc-p2ymeo.t of ia2erflmd loan (1.000.000) (L.OOO.OOO) Net cash (a:scd) by capiul md relaccd fmanciDg actMric:s '76.&08 (4.181) 13,522 (17.596) 468.553 CASH FLOWS FROM lNVESTING AcrJVITtES lDterest rec:c:ived an iDvcstmdlts 120.999 112.290 9,017 (3,281) 239.025 62..335 Net cash provided by inve:sc:ing activities 120,999 112,290 9.017 (3.281) 239.025 62.335 Net (dcc:rcasc:) in cash and cash. eqWval=t::s: 763.407 152.309 (2.703) 1,491,269 2.404.282 (197.927) i B.11ance-beginDiug ortbc Ye:Ir 4,021.3'9 4,102,882 308.980 110.361 8.543.602 2.299.969 aaW1ce-end of the year $ 4.7&4,7i6 $ ',255.191 $ 306,217 $ 1.601.630 $ 10.947.884 I 2.102.042 Reconciliation of operating income(l0ss.3) to net cash provided (used) by openling activities: Operating income (loss) $ 449.135 S 236.883 $ (285.79') 5 1.049.680 $ 1.'50.504 5 (241.247) Adjustme:DlS to reconcile opaating income to net cash provided (used) by operating activities: Depreciation expenses I 493,477 S 379.246 S 21.036 I 301,911 S 1,195,676 5 Other income (payments) (600) 4,964 '~64 Change in assets and liabilities; Accounts receivable 7.GB7 (22.734) 750 161,654 146.757 Special assessment receivable Due from other governments (781) (781) Prepaid expenses (976) (7..658) 435 9 (3.190) Accounts payable (3,534) (13,387) 1,919 (s.so7) (20.509) (32,406) Salaries payable (5.138) (1.967) (2.262) (1,258) (10.625) Due 10 other governments 6.343 19' SS7 84 7,179 Accrued expenses {SI,600} J.4,094 2.341 603 (34.562) T ota! adjuslmer1lS 444,278 352.189 24,776 462.466 1.284.309 (32.406) Net cash provided by operating activities S 894,013 I 589.672 I (261.0t8) I 1.512.146 S 2.734.813 5 (273.653) Non cash capital coDtnDuti.o~ $ 265,488 $ 219.1040 $ $ $ .s4.628 5 The notes to the fmancial stalements are 3D integral part of this stalement IV-12 City of Hastings Statement of Fiduciary Net Assets Agency and Private-Ptupose Trust Funds December 31, 2005 Library Bless Hastings Agency Private-Purpose Private-Pwpose Funds Trust Fund Trust Fund ASSETS: Cash and cash equivalents $ 324,936 $ 88,913 $ 10,188 Account receivable 12,403 - - Interest receivable - 622 71 T olaI Assets $ 337,339 $ 89,535 $ 10,259 UABIUTIES: Accounts payable 337,339 - NET ASSETS: Reserved for: Library 89,535 - Bless Hastings Trust - 10,259 Total fund balances and liabilities $ 337,339 $ 89,535 $ 10,259 The notes to the financial sta!ements are an integral part of this statement IV-13 City of Hastings Statement of Changes in Fiduciary Net Assets Fidu.ci:uy Funds For the Year Ended December 31, 2005 Library Bless Hastings Agency Private-Purpose Private-Pwpose Funds Trust Fund Trust Fund ADDITIONS Private donations $ $ - $ 10,251 Investment earnings - 2,438 8 Total additions - 2,438 10,259 DEDUCTIONS Change in net assets 2,438 10,259 :; Net assets-beginning 87,097 I Net assets-ending $ $ 89,535 $ 10,259 The notes to the financial statements are an integral part of this statement IV-14 I nH I ~ ! i ! j" ~ ~ !j Hi 1: P Jl f ~ ~] 11 I s j Is] ~ is::- H: J .. ~ il e ~ 1 1 if! : ~~ ~ i~ia ,., j s J -8. ] ~ i~ Ij.a 58 l ]]] 1 g f ~ S g 1 J !l Ii i l.~. 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N _ = ~ _ . ~ Q t ji~ Ji lii ~da~ ~n !/ ~H~ ~l ~j'~IH ]JlJah IV-26 CITY OF HASTINGS NOTES TO FINANCIAL STATEMENTS I DECEMBER 31, 2005 I A1; of December 31, 2005, the present value of future retiree health insurance at estimated health costs is reflected below: ~ i I~ 1 Year Amount 2005 $ 300,821 2006 292,898 2007 304,156 2008 353,728 2009 398,891 2010-2014 1,909,416 T oral $ 3,559,910 va SUBSEQUENT EVENT On December 8, 2005 the City of Hastings issued City Revenue Refunding Bonds to payoff the lease with the HRA for the Municipal buildings and issued Go Swimming Pool Refunding Bonds Series 2005A to refinance the GO Swimming Pool Bonds, 1998A Series, Both of these bonds were callable on February I, 2006, IV-27 ,,..4 ~