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CR 95-146 Award Sale Of Bonds - Meadow Creek CondominiumsAugust 9, 1995 Proposed Action AWARD SALE OF BONDS - MEADOW CREEK CONDOMINIUMS Staff recommends approval of the following motion : Approve resolution 95 -70 awarding the sale of bonds for the Meadow Creek Housing Improvement Area. With this motion, the sale of the bonds will be awarded based on the recommendation of Ehlers and Associates, Inc., financial advisor for this project. Overview The City of Hopkins has the authority to establish housing improvement areas under the Housing Improvement Act (1994 Minnesota Laws, Chapter 587, Article 9, Section 22 through 31). Within a housing improvement area, the City can sell bonds to pay for various improvements to individual housing units and common areas. Those bonds are then repaid through fees imposed on the owners of the units. In March of this year, the City Council held the required public hearings and approved the establishment of the housing improvement area and fees for Meadow Creek Condominiums. A development agreement was executed, obligating the City to sell General Obligation Housing Improvement Area Bonds. At the July 5, 1995 City Council Meeting, the Council authorized the sale of bonds for the Meadow Creek Housing Improvement Area project. The bids will be accepted until 12:00 noon on August 15, 1995 at which time they will be reviewed and the recommendation incorporated into Resolution 95 -70. Primary Issues to Consider At this time, there do not appear to be any primary issues relating to the award of the bond sale. Any significant issues affecting the sale will not be known until after the closing of the bids on August 15, 1995. Supporting Information o Official Statement &esolutipn 9_5-70 Ker en Elverum H • sing Coordinator Council Rpt #95 -146 • • • CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 95 -70 A RESOLUTION AWARDING THE SALE OF $815,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS SERIES 1995; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Hopkins, Hennepin County, Minnesota (City) as follows: Section I. Sale of Bonds. 1.01. The proposal of (Purchaser) to purchase $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 (Bonds) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1998 2006 1999 2007 2000 2008 2001 2009 2002 2010 2003 2011 2004 2012 2005 True interest cost: 1.02. The sum of $ being the amount proposed by the Purchaser in excess of $802,545 will be credited to the Debt Service Account in the Housing Fund hereinafter created. The Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City shall forthwith issue and sell the Bonds in the total principal amount of $815,000. originally dated September 1, 1995, in the denomination of $5,000 each or any integral multiple thereof, numbered No. RI, upward, bearing interest as above sct forth, and which mature serially on February 1 in the years and amounts as follows: Year Amount Year Amount 1998 $25,000 2006 $55,000 1999 30,000 2007 60,000 2000 35,000 2008 65,000 2001 35,000 2009 70,000 2002 40,000 2010 80,000 2003 45,000 2011 85,000 2004 45,000 2012 95,000 2005 50,000 1.04, Optional Redemption . The City may elect on February 1, 2004, and on any date thereafter to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 6 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02 Dates • Interest Payment Dates . Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1, 1996, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration . The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paving agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. • • • • (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized . (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds, Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest duc date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due . 2.05. Execution, Authentication. The Bonds will be prepared under the direction of the City Clerk/.Assistant Administrator and executed on behalf of the City by the signatures of the Mayor and the City Manager provided that all signatures may be printed, engraved or lithographed facsimiles of the originals . In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and canceled. • • • • • • Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: Face of the Bond Rate September 1, 1995 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF HOPKINS TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS SERIES 1995 Date of Maturity Original Issue No. $ CUSIP The City of Hopkins, Minnesota, a duly organized and existing municipal corporation in Hennepin County , Minnesota ( City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1996, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Additional provisions of this Bond contained on the reverse hereof have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Hopkins, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile) City Manager CITY OF HOPKINS. MINNESOTA CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within . Authorized Representative By Mayor Reverse of the Bond ( Facsimile) This Bond is one of an issue in the aggregate principal amount of $815,000 all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 15, 1995 (the Resolution), for the purpose of providing money to aid in financing various housing improvements within a housing improvement area in the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, 1994 Minnesota Laws, Chapter 587, Article 9, Sections 22 through 31, and the City's home rule charter and the principal hereof and interest hereon are payable primarily from certain housing improvement fees levied or to be levied on property within the housing improvement area in which the housing improvements are located, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the Cit} Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney: and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange . • • • • • The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion. ) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Hopkins, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. ID (Facsimile Signature) 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 UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN as joint tenants with right of survivorship and not as tenants in common City Clerk/Assistant Administrator Act . Additional abbreviations may also be used though not in the above list. (State) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, 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: Signature(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. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account. ) Please insert social security or other identifying number of assignee 3.02. The City Clerk/Assistant Administrator shall obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk/Assistant Administrator in substantially the form set forth in the form of Bond. The City_ Clerk/Assistant Administrator is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pledges and Covenants. 4.01. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the purchasers and holders of the Bonds from time to time, there is hereby created a separate special fund of the City to be known as the Housing Improvement Area No. 1 Fund ( Housing Fund ), which fund will be continued and maintained as a permanent fund of • • • the City until all the Bonds are paid. Within the Housing Fund there will be established and maintained separate accounts as follows: • (a) Project Account, into which Account will be paid proceeds of the Bonds net of proceeds deposited into the Administrative Account and Debt Service Account established hereunder. Upon issuance of the Bonds, the City shall also deposit into the Project Account prepaid housing improvement fees (Housing Fees) in the amount of $341,526, which Housing Fees are levied on property within Housing Improvement Area No. 1 pursuant to City Council Resolution No. 9518, adopted March 21, 1995 (the Fee Resolution), and were prepaid pursuant to the Fee Resolution. Subject to the pledge described in paragraph (c) below, Housing Fees received by the City after August 1, 1996 shall be deposited into the Project Account on or before February 1, 1997 in the amount necessary to bring the total amount deposited into the Project Fund to $1,100,000 (without regard to any disbursements from the Project Fund). Moneys in the Project Account shall be disbursed to pay the cost of housing improvements in Housing Improvement Area No . 1, in accordance with the terms of the Development Agreement between the City and Westbrooke Condominium Association, d.b.a. Meadow Creek Condominiums, dated as of May 8, 1995 (the Development Agreement). (b) Administrative Account, into which Account will be paid proceeds of the Bonds in the amount of $ , which amount will be used solely for the purpose of paying administrative costs in connection with Housing Improvement Area No. 1 and costs of issuance of the Bonds. Amounts in the Administrative Account shall be disbursed upon issuance of the Bonds, including $7,500 credited to the City as reimbursement for City administrative activities, and the balance payable upon presentation to the City of proper invoices for such administrative costs and costs of issuance. (c) Debt Service Account, into which account will be deposited from Bond proceeds capitalized interest through August 1, 1996 (net of Housing Fees anticipated to be received as of such date), any amount over the minimum purchase price of the Bonds paid by the Purchaser, and all accrued interest paid by the Purchaser upon delivery of the Bonds, together with Housing Fees in the amount necessary to pay when due the principal, interest and redemption premium, if any, on the Bonds. (d) Surplus Account, into which account will be deposited all Housing Fees in excess of the amounts required to be deposited into the Debt Service Account and the Project Account under this Section Amounts in the Surplus Account shall be applied and disbursed in accordance with the Development Agreement . 4.02. Money in the funds and accounts created by this Resolution will be kept separate from other municipal funds and deposited only in a bank or banks which are members of the Federal Deposit Insurance Corporation (FDIC). Deposits which cause the aggregate deposits of the City in any one bank to be in excess of the amount insured by FDIC must be continuously secured in the manner provided by law for the investment of municipal funds. Income derived from investments in the funds and accounts may at any time be liquidated and the proceeds thereof applied for the purpose or purposes for which the respective Account was created. 4.03. The City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Housing Fees for the housing improvements in Housing Improvement Area No. 1 to be promptly levied against housing units in such area so that the first installment will be collectible not later than 1996 and will take all steps necessary to assure prompt collection. The City Council will cause to be taken with due diligence all further actions that are required under the Development Agreement for the construction of the housing improvements financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Housing Fees and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Housing Fees (after taking into account any revenues collected or anticipated to be collected under the Development Agreement), the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the housing improvements, Housing Fees levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, and monies on hand. 4.04. It is hereby determined that the estimated collections of Fee Revenues for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.05. The City Clerk/Assistant Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement Section 6. Book -Entry System; Limited Obligation of City. 6.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the 1 • 1 • • • ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided m this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent wilI have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co. ," will refer to such new nominee of DTC; and upon receipt of such a notice, the Treasurer will promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Treasurer. 6.03. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the Finance Director and presented to this meeting (Representation Letter), is hereby approved, and the Finance Director is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the Finance Director and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. 6.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05, Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. Adopted this ATTEST: James A. Genellie, Ctv Clerk, day of , 1995. Charles D. Redepenning, Mayor • • • Interest on the Bonds is includable in gross income for federal income tax purposes and is an item of tax preference for federal inconre tax purposes. The interest on the Bonds is not exempt from present Minnesota income and franchise tax. New Issue Rating: Moody's Application Made PURPOSE /AUTHORITY /SECURITY: The Bonds are issued pursuant to 1994 Minnesota Laws, Chapter 587, Article 9, Sections 22 - 31 and Minnesota Statutes, Chapter 475 to finance improvements in a housing improvement area and will be paid from fees levied against each housing unit in the housing improvement area. The Bonds are general obligations of the City of Hopkins, backed by its full faith, credit and taxing powers to repayment. The Bonds will be in fully registered form as to both principal and interest and will be in integral multiples of $5,000 each. Delivery is subject to receipt of an approving legal opinion of Kennedy and Graven Chartered, of Minneapolis, Minnesota. DATE OF BONDS: MATURITY: I998 $25,000 2003 $45,000 2008 $65,000 1999 30,000 2004 45,000 2009 70,000 2000 35,000 2005 50,000 2010 80,000 2001 35,000 2006 55,000 2011 85,000 2002 40,000 2007 60,000 2012 95,000 REDEMPTION: Bonds maturing February 1, 2005 and thereafter are subject to call for prior redemption on February 1, 2004 and any date thereafter, at par. INTEREST: August 1, 1996 and semiannually thereafter. MINIMUM PROPOSAL: $802,545. GOOD FAITH DEPOSIT: $16,300, payable to the City. PAYING AGENT: To be named by the City. REGISTRATION/BOOK ENTRY: This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, to which principal and interest payments on the Bonds will be made. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers of Bonds will not receive physical delivery of bond certificates. This Official Statement will be further supplemented by an addendum specifying the offering prices, interest rates, aggregate principal amount, principal amount per maturity, anticipated delivery date, and underwriter, together with any other information required by Iaw, and, as supplemented, shall constitute a "Final Official Statement" of the Issuer with respect to the Bonds, as defined in S.E.C. Rule 15c2 -12. Prepared For the Issuer By: OFFICIAL STATEMENT DATED AUGUST 2, 1995 CITY OF HOPKINS, MINNESOTA $815,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 1995 September 1, 1995. ill Ehlers and Associates, Inc. L E A D E R S I N P U B L I C F I N A N C E PROPOSAL OPENING: August 15, 1995, 12 :00 o'clock noon., C.T. CONSIDERATION: August 15, 1995, 7:30 o'clock P.M., C.T. February 1 as follows: Year Amount Year Amount Year Amount 2950 Norwest Center • 90 South Seventh Street Minneapolis, MN 55402 -4100 612 - 339 -8291 . FAX 612 - 339 -0854 OFFICES IN MINNEAPOLIS, MN . BROOKFIELD, WI COMPLIANCE WITH S.LC. RULE 15c2 -12 Municipal obligations (issued in an aggregate amount over $1,000,000) are subject to General Rules and Regulations, Securities Exchange Act of 1934, Rule 15c2-12 Municipal Securities Disclosure. Official Statement: This Official Statement was prepared for the Issuer for dissemination to potential customers. Its prirnary purpose is to disclose information regarding the Obligations to prospective underwriters in the interest of receiving competitive proposals in accordance with the sale notice contained herein. Unless an addendum is received prior to the sale, this document shall be deemed the "Near Final Official Statement " Review Period: This Official Statement has been distributed to members of the legislative body and other public officials of the Issuer as well as to prospective bidders for an objective review of its disclosure. Comments or omissions or inaccuracies must be submitted to Ehlers and Associates at least two business days prior to the sale. Requests for additional information or corrections in the Official Statement received on or before this date will not be considered a qualification of a proposal received from an underwriter. If there are any changes, corrections or additions to the Official Statement, interested bidders will be informed by an addendum at least one business day prior to the sale. Final Official Statement: Upon award of sale of the Obligations, the legislative body will authorize the preparation of an addendum to the Official Statement that includes the offering prices, interest rates, aggregate principal amount, principal amount per maturity, anticipated delivery date and other information required by law and the identity of the Syndicate Manager and Syndicate Members. This addendum, together with any previous addendum of corrections or additions to the Official Statement, shall be deemed the complete Final Official Statement. Copies of the Final Official Statement will be delivered to the underwriter (Syndicate Manager) within seven business days following the proposal acceptance Continuing Disclosure: Subject to certain exemptions, issues in an aggregate amount over $1,000,000 may be required to comply with provisions of the Securities and Exchange Commission Exchange Act of 1934 which require that issuers of municipal securities enter into agreements for the benefit of the owners of the securities to provide continuing disclosure with respect to the securities. Described in the Official Statement are the conditions under which the issuer of these obligations is exempt or will comply with the Rule. REPRESENTATIONS No dealer, broker, salesperson or other person has been authorized by the Issuer to give any information or to make any representation other than those contained in the Official Statement and, if given or made, such other information or representations must not be retied upon as having been authorized by the Issuer. This Official Statement is not to be construed as a contract with the underwriter. Statements contained herein which involve estimates or matters of opinion are intended solely as such and are not to be construed as representations of fact. This Official Statement and any addenda thereto were prepared relying on information of the issuer and other sources and, while believed to be reliable, are not guaranteed as to completeness or accuracy. Bond Counsel has not participated in the preparation of this Official Statement and is not expressing any opinion as to the completeness or accuracy of the information contained therein. Compensation of Ehlers and Associates, Inc., payable entirely by the Issuer, is contingent upon the sale of the issue. CLOSING CERTIFICATES Upon delivery of the Obligations, the purchaser (underwriter) will be furnished with the following items: (1) a certificate of the appropriate official to the effect that at the time of the sale of the Obligations and all times subsequent thereto up to and including the time of the delivery of the Obligations, this Official Statement did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (2) a receipt signed by the appropriate officer evidencing payment for the Obligations; (3) a certificate evidencing the due execution of the Obligations, including statements that (a) no litigation of any nature is pending, or to the knowledge of signers, threatened, restraining or enjoining the issuance and delivery of the Obligations, (b) neither the corporate existence or boundaries of the Issuer nor the title of the signers to their respective offices is being contested, and (c) no authority or proceedings for the issuance of the Obligations have been repealed, revoked or rescinded. • • TABLE OF CONTENTS • TERMS OF PROPOSAL 1 • INTRODUCTION 6 AUTHORITY; PURPOSE 6 SOURCES AND USES 6 SECURITY 7 RATING 7 TAXABILITY 7 EXEMPTION FROM CONTINUING DISCLOSURE 7 RISK FACTORS 8 VALUATIONS 9 MINNESOTA VALUATIONS; PROPERTY TAXES 9 1994/95 VALUATIONS 10 TREND OF VALUATIONS 11 LARGER TAXPAYERS 11 DEBT 12 DIRECT DEBT 12 DEBT LIMIT 12 SCHEDULE OF BONDED INDEBTEDNESS 13 OVERLAPPING DEBT 18 DEBT RATIOS 18 FUTURE FINANCING 19 LEVY LIMITS 19 TAX LEVIES AND COLLECTIONS 20 TAX COLLECTIONS 20 • NET TAX CAPACITY RATES 20 THE ISSUER 21 CITY GOVERNMENT AND SERVICES 21 EMPLOYEES; PENSIONS 21 FUNDS ON HAND 22 ENTERPRISE FUNDS 23 INSURANCE 25 LITIGATION 25 DEBT PAYMENT HISTORY 25 GENERAL INFORMATION 26 LOCATION 26 LARGER EMPLOYERS 26 U.S. CENSUS DATA 27 UNEMPLOYMENT RATES 27 BUILDING PERMITS 28 FINANCIAL SERVICES 28 EDUCATION 29 MEDICAL FACILITIES 29 BOND YEARS 30 EXCERPTS FROM FINANCIAL STATEMENTS A -1 FORM OF LEGAL OPINION B - BOOK -ENTRY -ONLY SYSTEM C - OFFICERS Charles Redepenning Mayor Robert Anderson Council Member Frances Heseh Council Member Chuck Kritzlei Council Member Eugene Maxwell Council Member Steve Mielke, City Manager James Genellie, City ClerklAssistant Administrator Terry Obermaier, Deputy Clerk John Schedler, Finance Director ,lames Kerrigan, Economic Development Director Kersten Elverum, Housing Coordinator PROFESSIONAL SERVICES Vesley, Miller, & Steiner, P.A., City Attorney, Hopkins Kennedy and Graven Chartered, Bond Counsel, Minneapolis Ehlers and Associates, Inc,, Financial Advisors, Minneapolis • • • • TERMS OF PROPOSAL $815,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 1995 CITY OF HOPKINS, MINNESOTA Sealed proposals for the purchase of $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 (the "Bonds ") of the City of Hopkins, Minnesota (the "City ") will be received at the offices of Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota, until 12:00 o'clock noon, Central Time, on August 15, 1995, when they will be opened, read and tabulated for presentation to the City Council. The proposals will be presented to the City Council for consideration for award at a meeting to be held in the City at 7:30 o'clock P.M., Central Time, on the same date. The Bonds will be general obligations of the City for which the City will pledge its full faith, credit and taxing powers. The proposal offering to purchase the Bonds upon the terms specified herein and most favorable to the City will be accepted unless all proposals are rejected. Purpose The Bonds are being issued pursuant to the provisions of 1994 Minnesota Laws, Chapter 587, Article 9, Sections 22 through 31 and Minnesota Statutes, Chapter 475, to finance improvements in the City's Housing Improvement Area No. 1. Dates and Maturities The Bonds will be dated September 1, 1995 as the date of original issue, will be issued as fully registered Bonds in the denomination of $5,000 each, or any integral multiple thereof, and will mature on February 1 in the following years and amounts: Year Amount Year Amount 1998 $25,000 2006 $55,000 1999 30,000 2007 60,000 2000 35,000 2008 65,000 2001 35,000 2009 70,000 2002 40,000 2010 80,000 2003 45,000 2011 85,000 2004 45,000 2012 95,000 2005 50,000 Redemption At the option of the City, Bonds maturing on or after February 1, 2005 shall be subject to prior payment on February 1, 2004 or any date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the Bonds remaining unpaid to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interest in such maturity to be redeemed. 1 Notice of such call shall be given by mailing a notice thereof by certified mail at Least thirty (30) days prior to the date fixed for redemption to the registered owner of each Borid to be redeemed at the address shown on the registration books. Interest Payment Dates and Rates Interest will be payable on February 1 and August 1 of each year, commencing August 1, 1996, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 1 5th day (whether or not a business day) of the immediately preceding month. Interest will be computed upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. All Bonds of the same maturity rust bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 5/100 or 1/8 of 1 %. Paying Agent The Issuer will select a Paying Agent (the "Paying Agent "). The City will pay the customary and reasonable charges of the Paying Agent for such services.. The City reserves the right to remove the Paying Agent and appoint a successor. Book Entry Format The Bonds will be designated in the name of Cede & Co., as nominee for The Depository Trust Company ( "DTC "), New York, New York. DTC will act as securities depository for the Bonds, and will be responsible for maintaining a book -entry system for recording the interest of its participants and the transfers of interests between its participants. The participants will be responsible for maintaining records regarding the beneficial interests of the individual purchasers of the Bonds. So long as Cede & Co. is the registered owner of the Bonds, all payments of principal and interest will be made to the depository which, in turn, will be obligated to remit such payments to its Participants for subsequent disbursement to the beneficial owners of the Bonds. Delivery Within 40 days after the sale, the Bonds will be delivered without cost to the original purchaser at DTC. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, appropriate arbitrage certifications and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds Legal Opinion An opinion as to the validity of the Bonds will be furnished by Kennedy & Graven Chartered of Minneapolis, Minnesota, bond counsel to the City, and will accompany the Bonds. The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota corporate and bank excise taxes measured by net income. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights generally. 2 • • • Type of Proposal Proposals for not less than $802,545 plus accrued interest on the principal sum of $815,000 from date of original issue of the Bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be submitted to Ehlers and Associates, Inc. either: 1) In a sealed envelope to Ehlers and Associates, Inc. as described herein; 2) A facsimile submission to Ehlers and Associates, Inc., Financial Advisors, Facsimile Number: (612) 339 -0854; or 3) Electronically via PARITY, in accordance with PARITY Rules of Participation and this notice of sale, within a one -hour period prior to the time of sale, but no proposals will be received after the time established above for receiving proposals. If any provisions in this notice are conflicting with those PARITY Rules of Participation, this sale notice shall control. The normal fee for use of PARITY may be obtained from PARITY, and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact the financial advisor to the issuer, Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402, Telephone (612) 339 -829I, or PARITY at 100 - 116th Avenue SE, Suite 100, Bellevue, Washington 98004, Telephone (206) 635 -3545. The Issuer and Ehlers and Associates, Inc. assume no Iiability if there is a malfunction of PARITY. Proposals must be submitted to Ehlers and Associates, Inc. as described above and must be received prior to the time established above for the opening of proposals. Each proposal must be unconditional except as to legality. A good faith deposit (the "Deposit ") in the amount of $16,300, or a financial surety bond complying with the provisions below, must be submitted with each proposal. The Deposit must be in the form of a certified or cashiers check or bank draft or a wire transfer of funds to Resource Bank & Trust Company, of Minneapolis, Minnesota, ABA #09 -10- 0550 -6 for further credit to Ehlers and Associates, Inc., Bond Issue Escrow Account #850 -788 -1, Attn: Dawn Oberle, or a financial surety bond. The Deposit will be retained by the City as liquidated damages if the proposal is accepted and the bidder fails to comply therewith. The Deposit will be returned to the Purchaser at the closing for the Bonds. Proposals for the Bonds should be addressed to: James Genellie, City Clerk/Assistant Administrator City Hall 1010 First Street Hopkins, MN 55343 -7573 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 Ehlers and Associates, Inc. prior to the opening of the proposals. Such bond must identify each bidder whose deposit is guaranteed by such financial surety bond. If the Bonds are awarded to a bidder using a financial surety bond, then that purchaser is required to submit its Deposit to Ehlers and Associates, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Ehlers and Associates, Inc. not later than 3:00 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. 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 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. 3 Award The Bonds will be awarded to the bidder offering 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. In the event of a tie, the sale of the Bonds will be awarded by lot. No oral proposal will be considered, and. the City reserves the right to reject any and all proposals and to waive any informality in any proposal. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information From Purchaser The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering prices of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. Taxability Interest on the Bonds is included in gross income of the recipient for the United States income tax purposes and is included, to the same extent in both gross income and taxable net income, for State of Minnesota income tax purposes. Official Statement Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the proposal opening. The Syndicate Manager will be provided with 50 copies of the Final Official Statement within seven business days of the proposal. acceptance. Additional copies of the Final Official Statement will be available at a cost of $10.00 per copy. Information for bidders and proposal forms may be obtained from the undersigned or from the City's Financial Advisor, Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402, telephone (612) 339 -8291. The City reserves the right to reject any and all proposals, and to waive informalities and to adjourn the sale. BY ORDER OF THE CITY COUNCIL James Genellie, City ClerklAssistant Administrator City Hall 1010 First Street Hopkins, MN 55343 -7573 4 • • • If proposals are delivered to Ehlers and Associates, Inc., the good faith deposit, payable to the City, shall be retained in the offices of Ehlers and Associates, Inc. with the same effect as if delivered to the City. Alternatively, bidders may wire the good faith deposit to Resource Bank & Trust Company, Minneapolis, Minnesota, A.B.A. #09- 10- 0550 -6 Attention: Dawn Oberle for credit to Ehlers and Associates, Inc. Bond Issue Escrow Account, #850 - 788 -1. The City and any bidder who chooses to so wire the good faith deposit hereby agree irrevocably that Ehlers and Associates, Inc. shall be the escrow holder of the good faith deposit wired to such account subject only to these conditions and duties: 1) All income earned thereon shall be retained by the escrow holder as payment for its expenses; 2) If the proposal is not accepted, Ehlers and Associates, Inc. shall, at its expense, promptly return the good faith deposit amount to the losing bidder; 3) If the proposal is accepted, the good faith deposit shall be returned to the purchaser at the closing; 4) Ehlers and Associates, Inc. shall bear all costs of maintaining the escrow account and returning the funds to the bidder; 5) Ehlers and Associates, Inc. shall not be an insurer of the good faith deposit amount and shall have no liability hereunder except if it willfully fails to perform, or recklessly disregards, its duties specified herein; and 6) FDIC insurance on deposits within the escrow account shall be limited to $100,000 per bidder. 5 AUTHORITY; PURPOSE The $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 (the `Bonds ") are being issued pursuant to the provisions of 1994 Minnesota Laws, Chapter 587, Article 9, Sections 22 through 31 (the "Housing Improvement Act ") and Minnesota Statutes, Chapter 475. On June 7, 1994, the City Council adopted Resolution #94 -55 approving the special legislation and making it effective. Pursuant to the Housing Improvement Act, the City initiated the process for the housing improvement area (the "Area ") after receiving a petition representing over 35% of the housing unit owners in the Area. The City created Housing Improvement Area No. 1 by ordinance pursuant to the procedures in the Housing Improvement Act, Following the establishment of the Area, the City adopted a resolution imposing fees needed to pay for the improvements proposed in the Area. Property owners did not exercise their right under the Housing Improvement Act to veto either the ordinance or the resolution_ The improvements are being made to the housing units, garage units and common property of the Meadow Creek Condominiums. The City has entered into an agreement with the Westbrooke Condominium Association to provide $1,100,000 to make the following improvements: SOURCES AND USES Sources Uses • Rehabilitation of garages. • Rebuild trash and recycling areas. • Upgrade building exteriors. • Replacement of lighting fixtures. • Installation of new signage • Parking lot repairs. • Site improvements, Total Sources INTROIDUCTION Par Amount of Bonds $815,000 Prepaid Fees 341,526 Project Costs $1,107,500 Discount Allowance 12,455 Issuance Related Expenses 33,000 Capitalized Interest 3,571 Total Uses $1,156,526 6 $1,156,526 • • • SECURITY The Bonds are general obligations of the City, backed by its full faith, credit and taxing powers to repayment. Revenue to pay debt service will come from the fees levied and collected on properties in the Area. The fee is imposed by the City under the Housing Improvement Act to finance improvements in housing improvement areas. The City has adopted a resolution imposing fees against each housing unit in the Area. Prior to the issuance of the Bonds, owners of 161 units prepaid their fee. The fees on the remaining units will be paid in equal annual installments over a 16 -year period at an interest rate sufficient to 105% of the average annual debt service payment on the Bonds. Following the sale of the Bonds, the annual fee for each unit will be certified to the County for collection in the years 1996 through 2011. The fees will be collected in the same manner as general ad valorem taxes. The County will include the fees on the property tax statements under special taxing districts. In addition, the City has entered into an agreement with the Westbrooke Condominium Association. The agreement requires the Association to make payments to the City in the event of deficiencies in fee revenues. RATING General obligation debt of the City of Hopkins is currently rated "Al" by Moody's Investors Service, Inc. The City has requested a rating on this issue from Moody's Investors Service, Inc., and bidders will be notified as to the assigned rating prior to the sale. Such a rating, if and when received, will reflect only the view of the rating agency and any explanation of the significance of such rating may only be obtained from Moody's Investors Service, Inc. There is no assurance that such rating, if and when received, will continue for any period of time or that it will not be revised or withdrawn. Any revision or withdrawal of the rating may have an effect on the market price of the Bonds. TAXABILITY Interest on the Bonds is included in gross income of the recipient for the United States income tax purposes and is included, to the same extent in both gross income and taxable net income, for State of Minnesota income tax purposes. EXEMPTION FROM CONTINUING DISCLOSURE The Bonds of this issue are Tess than $1,000,000 in aggregate principal and are, therefore, exempt from continuing disclosure provisions of Rule 15c2 -12 of the Securities Exchange Act of 1934, as amended. 7 RISK FACTORS Following is a description of possible risks to holders of these Bonds without weighing as to probability. This description of risks is not intended to be all - inclusive and there may be other risks not now perceived or listed here. Taxes: The Bonds of this offering are general obligations of the City, the ultimate payment of which rests in the City's ability to levy and collect sufficient taxes to pay debt service should other revenue (housing improvement fees) be insufficient. Ratings; Interest Rates: In the future, the City's credit rating may be reduced or withdrawn, or interest rates for this type of obligation may rise generally, both possibilities resulting in a reduction in the value of the obligations for resale prior to maturity. State Economy; Local Government Aids: State cash flow problems could affect local governments and possibly increase property taxes. Book -Entry-Only System: The timely credit of payments for principal and interest on the Bonds to the accounts of the Beneficial Owners of the Bonds may be delayed due to the customary practices, standing instructions or for other unknown reasons by DTC participants or indirect participants. Since the notice of redemption or other notices to holders of these obligations will be delivered by the City to DTC only, there may be a delay or failure by DTC, DTC participants or indirect participants to notify the Beneficial Owners of the Bonds. Economy: The economy of the City consists ()flight industry and commerce, and agriculturally related businesses. A combination of economic, climatic, political or civil disruptions could affect the local economy and result in reduced tax collections and/or increased demands upon local government 8 • • • 4 MINNESOTA VALUATIONS; PROPERTY TAXES All non - exempt property is subject to taxation by local taxing districts. The total tax rate is determined by dividing each taxing district's dollar levy (budget less aids and revenues) by its total tax capacity. Exempt real property includes Indian lands, public property, and educational, religious and charitable institutions. Most personal property is exempt from taxation (except investor -owned utility mains, generating plants, etc.). At least one -fourth of all real properties are appraised yearly by local or county assessors who are directed by statute to appraise each parcel according to its estimated market value (EMV). The assessors classify all property subject to the general property tax and apply statutory percentages to the EMV to determine the tax capacity upon which tax capacity rates are computed. Significant major classifications and the percentages by which tax capacity is determined are: 2 3 Type of Property Residential homestead' Agricultural homestead' Agricultural non - homestead Seasonal recreational Residential non - homestead: 1 -3 units 4 or more Selected small cities with 4 or more units' Industrial /commercial/ House /garage /one acre. 1993/94 First $72,000 - 1.0% Over $72,000 - 2.0% First $72,000 HGA - 1.0 % Over $72,000 HGA - 2.0% Land to 320A - .45% - 1.0% Land excess 1.5% HGA - 2.25% Land - 1.5% First $72,000 - 2.0% Over $72,000 - 2.5% 2.3% 3.4% VALUATIONS 1994/95 First $72,000 - 1.0% Over $72,000 - 2.0% First $72,000 HGA - 1.0 % Over $72,000 HGA - 2.0% Land to 320A - .45% - I.0% Land excess - 1.5% HGA - 2.25% Land - 1.5% First $72,000 - 2.0% Over $72,000 - 2.5% 2.3% 3.4% 1995/96 First $72,000 - 1.0% Over $72,000 - 2.0% First $72,000 HGA -1.0 % Over $72,000 HGA - 2.0% Land to 320A - .45% - 1.0% Land excess - 1.5% HGA - 2.25% Land - 1.5% First $72,000 - 2.0% Over $72,000 - 2.5% 2.3% 3.4% 2.3% First $100,000 - 3.0% First $100,000 - 3.0% First $ I00,000 - 3.0% utility Excess - 4.60% Excess - 4.60% Excess - 4.60% A residential property qualifies as "homestead" if it is occupied by the owner or a relative of the owner on the assessment date. Cities of 5,000 population or less and located entirely outside the seven - county metropolitan area and the adjacent nine - county area and whose boundaries are 15 miles or more from the boundaries of a Minnesota city with a population over 5,000. The estimated market value of utility property is determined by the Minnesota Department of Revenue. 9 2 1994/95 VALUATIONS Market value of taxable property, 1994/95 Real Estate Personal Property Total Valuation $ 596,895,300 $ 15,510,773 Less: Captured Tax Increment Tax Capacity' - 1,021,176 Fiscal Disparities Contribution' - 1,579,101 Taxable Net Tax Capacity Plus Fiscal Disparities Distribution' Adjusted Taxable Net Tax Capacity Mobile Home Valuation (1993/94) According to the Hennepin County Auditor, about 52.06% of the City's total net tax capacity is residential, .03% is agricultural and 47.91% is personal property, utility, industrial and commercial property. According to the Minnesota Department of Revenue, the "assessor's estimated market value" for the City of Hopkins is about 90.5% of true market value. The ratio was calculated by comparing the selling prices of property sold (most recent available) with the assessor's market value. Dividing the assessor's estimated market value of real estate by .905 and adding personal property and mobile home EMV, if any, results in a market value of taxable property for the City of $659,094,827_ The $1,021,176 tax increment value shown above represents the captured net tax capacity of a tax increment financing district(s) in the City of Hopkins. Taxes collected on property in the tax increment district(s) accrue to the City to pay debt service on outstanding tax increment bonds. Each community in the seven - county metropolitan area contributes 40% of its new industrial and commercial valuation to an area pool which is then distributed among the municipalities on the basis of population, special needs, etc. Each governmental unit makes a contribution and receives a distribution -- sometimes gaining and sometimes losing net tax capacity for tax purposes. Taxes are spread on the basis of taxable net tax capacity. d Mobile home valuations are not included in the net tax capacity for purposes of determining tax capacity rates. However, valuations of mobile homes are determined at the beginning of the collection year, and the same tax capacity rates are applied to mobile home net tax capacity valuations as to real estate and personal property. 10 $659 1994/95 Assessor's 1994/95 Estimated Net Tax Market Value Capacity $ 591,054,800 $ 15,242,111 5,840,500 268 662 $ 12,910,496 1,692,508 :$ 14,603004. $155,100 $2,598 • • TREND OF VALUATIONS LARGER TAXPAYERS Taxpayer Super Valu Stores Inc. GIaser Financial Ramsgate Apartments Alliant Techsystems, Inc. Gateway Hopkins Warehouse Century North Construction Co. Inc. Christian Salvesen Inc. Auburn Limited Partnership Westside Village A & J Partnership Source: Valuations, Trend of Valuations and Larger Taxpayers have been furnished by Hennepin County. a Levy Year 1990/91 1991/92 1992/93 1993/94 1994/95 Assessor's Estimated Market Value $620,446,600 614,357,100 598,335,200 584,73 5,900 596,895,300 Type of Property Wholesale grocery distributor Apartments Apartments Industrial Industrial Apartments Industrial Apartments Apartments /commercial Industrial Net Tax Capacity' $18,672,204 17,583,286 16,277,144 15,341,893 15,510,773 1994/95 Estimated Market Value $25,291,000 15,325,500 7,847,300 5,798,600 5,096,000 5,022,000 4,800,000 4,798,000 4,628,900 3,105,800 Adjusted Taxable Net Tax Capacity $17,038,546 16,186,742 15,158,442 14,539,490 14,603,004 1994/95 Net Tax Capacity $ 1,163,386 443,245 266,808 266,736 232,816 170,748 220,800 163,132 158,491 142,867 Net tax capacity is before fiscal disparities adjustments and includes tax increment values. Adjusted taxable net tax capacity is after fiscal disparities adjustments and does not include tax increment values. 11 DIRECT DEBT Long - `Terra General Obligation Debt (See schedules following) Total G. 0. debt being paid from taxes Total G.O. debt being paid from tax increment revenues and taxes Total G.O. debt being paid from special assessments and taxes Total G. 0. debt being paid from housing improvement area fees (the $815,000 Taxable General Obligation Housing Improvement Area Bonds of this offering) Total G.O. debt being paid from storm sewer utility revenues Total Long -Term General Obligation Debt Less; Funds on hand for debt redemption as of June 30, 1995' Net Long -Term General Obligation Debt DEBT LIMIT DEBT The statutory limit on debt of Minnesota municipalities other than school districts or cities of the first class (Minnesota Statutes, Section 475.53, subd. 1) is 2% of the assessor's estimated market value of all taxable property within its boundaries. "Net debt" (Minnesota Statutes, Section 475.51, subd. 4) is the amount remaining after deducting from gross debt: (1) obligations payable wholly or partly from special assessments levied against benefitted property; (2) warrants or orders having no definite or fixed maturity; (3) obligations issued to finance any public revenue producing convenience; (4) obligations issued to create or maintain a permanent improvement revolving fund; (5) funds held as sinking funds for payment of principal and interest on debt other than those deductible under 1-4 above; (6) other obligations which are not to be included in computing the net debt of a municipality under the provisions of the law authorizing their issuance (i,e. the $815,000 Taxable General Obligation Housing Improvement Area Bonds of this offering). Assessor's Estimated Market Value of Taxable Property Multiply by 2% Statutory Bonded Debt Limit Less. Long -Term Debt Outstanding Being Paid Solely from Taxes Unused Debt Limit Funds on hand for debt redemption (available for payment of principal and interest) have been deducted from total g.o. debt to determine net g.o. debt. 12 $ 2,440,000 6,730,143 2,025,000 815,000 95.000 $ 14,605,143 - 479,555 $ 14,125,588 $ 596,895,300 0.02 $ 11,937,906 - 2,440,000 $ 9,497,906 CA) • CITY OF HOPKINS, MN Schedule of Bonded Indebtedness G.O. Debt Being Paid From Taxes (as of 811195) Dated 3/1/90 10/15/93 Amount $2,805,000 82,065,000 Maturity 2/01 Rate Rate Rate YEAR 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Park & Rec. Bonds Park & Rec. Bonds 6.25% 6.30% 6.40% 1996 1997 1998 Principal Interest 140,000 22,155 140,000 13,370 140,000 4,480 4.40% 4.50% 4.60% 2/01 1996 -98 1999 -00 2001 -11 Principal Interest 25,000 91,890 25,000 90,790 25,000 89,690 165,000 85,428 165,000 78,003 160,000 70,610 155,000 63,365 155,000 56,235 150,000 49,220 150,000 42,320 150,000 35,420 145,000 28,635 145,000 21,965 140,000 15,410 135,000 9,085 130,000 2,990 420,000 40,005 2,020,000 831,056 2,440,000 871,061 3,311,061 TOTAL TOTAL TOTAL PRINCIPAL PRINCIPAL INTEREST P & I OUTSTANDING % PAID YEAR 165,000 114,045 279,045 2,275,000 6.76% 1996 165,000 104,160 269,160 2,110,000 13.52% 1997 165,000 94,170 259,170 1,945,000 20.29% 1998 165,000 85,428 250,428 1,780,000 27.05% 1999 165,000 78,003 243,003 1,615,000 33.81% 2000 160,000 70,610 230,610 1,455,000 40.37% 2001 155,000 63,365 218,365 1,300,000 46.72% 2002 155,000 56,235 211,235 1,145,000 53.07% 2003 150,000 49,220 199,220 995,000 59.22% 2004 150,000 42,320 192,320 845,000 65.37% 2005 150,000 35,420 185,420 695,000 71.52% 2006 145,000 28,635 173,635 550,000 77.46% 2007 145,000 21,965 166,965 405,000 83.40% 2008 140,000 15,410 155,410 265,000 89.14% 2009 135,000 9,085 144,085 130,000 94.67% 2010 130,000 2,990 132,990 0 100.00% 2011 Prepared by Ehlers & Associates, Inc. 08/03/95 GOTAX.WK4 CITY OF HOPKINS, MN Schedule of Bonded Indebtedness G.O. Debt Being Paid From Tax Increment Revenues and Taxes (as of 8/1/95) Redevelopment Bonds Taxable TIF Bonds Taxable Redev. Bonds Redevelopment Bonds Redevelopment Bonds Dated 5/1/88 5/22/91 2/1/92 10/15/93 10/15193 Amount $2,145,000 $411,000 $2,888,543 $3,075,000 $ 1,135,000 Maturity 6/01 2/01 2/01 2101 6/01 Rat 6.15% 1996 7.00% 1996-01 6.75% 1996 4.40% 1996 -98 3.00% 1996 Rat 7.00% 1997 4.50% 1999 -00 5.15% 1997 Rat 7.15% 1998 4.60% 2001 -09 3.30% 1998 Rat - 7.30% 1999 3.45% 1999 Rat 7.50% 2000 3.60% 2000 Rate 7.60% 2001 3.80% 2001 Rat 7.70% 2002 4.05% 2002 Rate 7.80% 2003 4.20% 2003 Rate 7.90% 2004 Rate 8.00% 2005 Rate 8.10% 2006 TOTAL TOTAL TOTAL PRINCIPAL YEAR Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest PRINCIPAL INTEREST P 81 OUTSTANDING % PAID YEAR 1995 0 4,459 0 0 0 0 0 0 0 19,771 0 24,230 24,230 6,730,143 0.00% 1995 1996 145,000 4,459 41,100 15,824 255,000 155,369 20,000 138.540 15,000 39,317 476,100 353,509 829,609 6,254,043 7.07% 1996 1997 0 0 41,100 12,947 275,000 137,137 20,000 137,660 160,000 36572 496,100 324,316 820,416 5,757,943 14.45% 1997 1998 0 0 41,100 10,070 295,000 116,966 20,000 136,780 - 160,000 31,412 516,100 295,228 811,328 5,241,843 22.11% 1998 1999 0 0 41,100 7,193 315,000 94,922 20,000 135,890 155,000 26,099 531.100 264,104 795,204 4,710,743 30.01% 1999 I-. -- 2000 0 0 41,100 4,316 330,000 71,049 30,000 134,765 155,000 20,636 556,100 230,766 786,866 4,154,643 38.27% 2000 2001 0 0 41,100 1,439 : 180,847 51,802 50,000 132,940 155,000 14,901 426,947 201,082 628,029 3,727,696 44.61% 2001 2002 0 0 0 0 161,502 38,712 60,000 130,410 150,000 8,918 371,502 178,040 549,542 3,356,194 50.13% 2002 2003 0 0 0 0 148,138 26,717 75,000 127,305 140,000 2,940 363,138 156,962 520,100 2,993,056 55.53% 2003 2004 0 0 - 0 0 135,620 15,583 90,000 123,510 0 0 225,620 139,093 364,713 2,767,436 58.88% 2004 2005 0 0. 0 0. 96,152 6,380 240,000 115,920 0 0 336.152 122,300 458,452 2,431,284 63.87% 2005 2006 0 0 - 0 0 " 31,284 1,267 425,000 100,625 0 0 456,284 101,892 558,176 1,975,000 70.65% 2006 2007 0 0 0 0 0 0 630,000 76,360 0 0 630,000 76,360 706,360 1,345,000 80.02% 2007 2008 0 0 0 0 0 0 650,000 46,920 0 0 650,000 46,920 696,920 695,000 89.67% 2008 2009 0 0 0 0 0 0 695,000 15,985 0 0 695,000 15,985 710,985 0 100.00% 2009 145,000 8,918 246,600 51,789 2,223543 715,904 3,025,000 1,553,610 • 1,090,000 ° 200,566 6,730,143 2,530.787 9,260,930 Prepared by Ehlers & Associates, Inc. 08/03/95 GOTIF.WK4 all 0 • CITY OF HOPKINS, MN Schedule of Bonded Indebtedness G.O. Debt Being Paid From Special Assessments and Taxes (as of 811195) imp. Revolt'. Bonds Imp. Revoly. Bonds Dated 311190 8!1192 Amount $485,000 $2,000,000 Maturity 2101 2101 Rate 6.25% 1996 3.90% 1996 Rate 6.30% 1997 4.15% 1997 Rate 6.40% 1998 4.35% 1998 Rate 6.50% 1999 4.55% 1999 Rate 6.60% 2000 4.75% 2000 Rate 6.70% 2001 4.90% 2001 Rate 5.00% 2002 Rate 510% 2003 Rate 5.20% 2004 Rate 5.30% 2005 Rate 5.40% 2006 Rate 5.50% 2007 tri Rate 5.60% 2008 TOTAL TOTAL TOTAL PRINCIPAL YEAR Principal Interest Principal Interest PRINCIPAL INTEREST P & t OUTSTANDING % PAID YEAR 1995 0 0 0 0 0 0 0 2,025,000 0.00% 1995 1996 50,000 16,823 130,000 82,840. 180,000 99,663 279,663 1,845,000 8.89% 1996 1997 50,000 13,685 130.000 77,608 180,000 91,293 271,293 1,665,000 17.78% 1997 1998 50,000 10,510 130,000 72,083. 180,000 82,593 262.593 1,485,000 26.67% 1998 1999 45,000 7,448 135,000 66.184 180,000 73,632 253,632 1,305,000 35.56% 1999 2000 45,000 4,500. 135,000 59,906 180,000 64,406 244,406 1.125,000 44.44% 2000 2001 45,000 1,508;; 135,000 53,393 180,000 54,901 234,901 945,000 53.33% 2001 2002 0 0 135,000 46,711 ; 135,000 46.711 181,711 810,000 60.00% 2002 2003 0 0 135,000 39,893 135,000 39,893 974,893 675,000 66,67% 2003 2004 0 0 135,000 32,940 135,000 32,940 167,940 540,000 73.33% 2004 2005 0 0 135,000 25,853 135,000 25,853 160,853 405.000 80.00% 2005 2006 0 0 135.000 18,630 135,000 18,630 153,630 270.000 86.67% 2006 2007 0 0 135.000 11,273 135,000 11,273 146,273 135,000 93.33% 2007 2008 0 0 135,000 1780 135,000 3,780 138,780 0 100,00% 2008 285,000 54,474 1,740,000 591,094 2,025,000 645,568 2,670,568 Prepared by Ehlers & Associates, Inc. 08/03/95 GOSA.WK4 CITY OF HOPKINS, MN Schedule of Bonded Indebtedness G.O. Debt Being Paid From Housing Improvement Area Fees (as of 811195) This Issue(1) Dated 9/1!95 Amount 8815,000 Maturity 2101 Rate 6.60% 1998 Rate 6.70% 1999 Rate 6.80% 2000 Rate 6_90% 2001 Rate 7.00% 2002 Rate 7.10% 2003 Rate 7.20% 2004 Rate 7 30% 2005 Rate 7.40% 2006 Rate 7.50% 2007 Rate 7.60% 2005 Rate 770% 2009 Rate 7.80% 2010 Rate 7.90% 2011 Rate 8.00% 2012 TOTAL TOTAL TOTAL PRINCIPAL. YEAR Principal Interest PRINCIPAL INTEREST P & I OUTSTANDING % PAID YEAR 1996 0 55,729 0 55,729 55,729 815,000 0.00% 1996 1997 0 60,795 0 60,795 60,795 815,000 0.0031 1997 1998 25,000 59,970 25,000 59,970 84,970 790,000 3.0731 1998 1999 30,000 58,140 30,000 58,140 68,140 760,000 6.7531 1999 2000 35,000 55,945 35,000 55,945 90,945 725,000 11.04% 2000 2001 35,000 53,548 35,000 53,548 88,548 690,000 15.34% 2001 2002 40,000 50,940 40,000 50,940 90,940 650,000 20.25% 2002 2003 45,000 47,943 45,000 47,943 92,943 605,000 25.77% 2003 2004 45,000 44,725 45,000 44,725 89,725 560,000 31.29% 2004 2005 50,000 41,280 50,000 41,280 91,280 510,000 37.42% 2005 2006 55,000 37,420 55,000 37,420 92,420 455,000 44,17% 2006 2007 60,000 33,135 60,000 33,135 93,135 395,000 51.53% 2007 2008 65,000 28,415 65,000 28,415 93,415 330,000 59.51% 2008 2009 70,000 23,250 ' 70,000 23,250 93,250 260,000 68.1031 2009 2010 80,000 17,435 80,000 17,435 97,435 180,000 77.91% 2010 2011 85,000 10.958 85,000 10,958 95,958 95,000 88.34% 2011 2012 95,000 3,800 95,000 3,800 98 800 0 100.00% 2012 815,000 683,428 (1) Interest on This Issue has been estimated. 815,000 683,428 1,498,428 8,635 000 Prepared by Ehlers & Associates, Inc, 08/02/95 GOIMFEES WK4 • • • • CITY OF HOPKINS, MN Schedule of Bonded Indebtedness G.O. Debt Being Paid From Revenues of the Storm Sewer Utility (as of 811195) Storm Sewer Rev. Storm Sewer Ref. Rev. Dated 12/1/89 10/15/93 Amount $2,790.000 $2,445,000 Maturity 2/01 2/01 Rate 6.10% 1996 4.40% 1996 -98 Rate 6.15% 1997 4.50% 1999 -00 Rate 4.60% 2001 -10 YEAR TOTAL TOTAL TOTAL PRINCIPAL Principal Interest Principal Interest PRINCIPAL INTEREST P & I OUTSTANDING % PAID YEAR 1995 0 0 0 0 0 0 0 2,595,000 0.00% 1995 1996 95,000 9,048. 25,000 109,190 120,000 118,238 238,238 2.475,000 4.62% 1996 v 1997 100,000 3,075 25,000 108,090 125.000 111,165 236,165 2,350.000 9.44% 1997 1998 135,000 104,570 135,000 104,570 239,570 2,215,000 14.64% 1998 1999 140.000 98,450 140,000 98,450 238,450 2,075,000 20.04% 1999 2000 150,000 91,925 150,000 91,925 241,925 1,925,000 25.82% 2000 2001 160,000 84,870 160,000 84,870 244,870 1,765,000 31.98% 2001 2002 160,000 77,510 160,000 77,510 237,510 1,605,000 38.15% 2002 2003 165,000 70,035 165,000 70,035 235,035 1,440,000 44.51% 2003 2004 180,000 62,100 180,000 62,100 242,100 1,260,000 51.45% 2004 2005 185,000 53,705 185,000 53,705 238,705 1,075,000 58.57% 2005 2006 190,000 45,080 190,000 45,080 235,080 885,000 65.90% 2006 2007 205,000 35,995 205,000 35,995 240,995 680,000 73.80% 2007 2008 215,000 26,335 215,000 26,335 241,335 465,000 82.08% 2008 2009 225,000 16,215 225,000 16,215 241,215 240,000 90.75% 2009 2010 240,000 5,520 240,000 5,520 245,520 0 100.00% 2010 195,000 12,123 2,400,000 989,590 ' 2,595,000 1,001,713 3,596,713 Prepared by Ehlers & Associates, Inc. 08/01/95 GOREV.WK4 OVERLAPPING DEBT Taxing District Hennepin County 1.S.D. No. 270 (Hopkins) I.S.D. No. 283 (St. Louis Park) Met. CounciURegional Transit District Suburban Hennepin County Park District City's Share of Overlapping Debt DEBT RATIOS Director G.O, debt being paid from: Taxes Tax increment revenues and taxes Special assessments and taxes Housing improvement area fees (This Issue) Taxes and storm sewer utility revenues 1994/95 Taxable Net Tax Capacity $ 966,907,816 75,703,256 38,205,604 1,910,385,749 682,858,515 Total Long -Term General Obligation Debt Less: Funds on hand for debt redemption as of 6/1/95' Net Long -Term General Obligation Debt City's Share of Total Overlapping Debt 18 In Cl 1.5103% 19.0535% 0.4681% 0.7644% 2.1385% G.O. Debt $2,440,000 6,730,143 2,025,000 815,000 2 595,000 $ 14,605,143 -479 555 Total G.O. Debt $ 77,190,000' 55,810,000 14,975,000 80,540,000 19,130,000 Debt/ Market Value ($659094 827) City's Proportionate S hare $ 1,165,801 10,633,758 70,098 615,648 409,095 $12,894,400 Debt/ 16,406 Population $ 14,125,588 2.14% $861.00 $ 1.2,894,400 1.96% $785,96 Hennepin County also has outstanding $10,000,000 G. 0. Capital Notes that are payable entirely from revenues of the Hennepin County Medical Center and $129,000,000 Solid Waste Resource Recovery G. 0. Revenue Bonds payable entirely from the Solid Waste enterprise. None of these Bonds nor any of the County's lease revenue bonds have been included in the overlapping debt or debt ratios. I.S.D. 270 (Hopkins) also has outstanding $4,240,000 G.O. Tax Anticipation Certificates outstanding which have not been included in the overlapping debt or debt ratio sections, This consists of all outstanding debt supported by taxes of the Metropolitan Council and the Regional Transit Board/Metropolitan Transit Commission. The Metropolitan Council also has outstanding $536,385,000 general obligation sewer revenue bonds and Loans supported entirely by sewer revenues and $39,810,000 revenue bonds supported solely by revenues of sports facilities owned by the Metropolitan Sports Facilities Commission. Funds on hand for debt redemption (available for payment of principal and interest) have been deducted from total g.o. debt to determine net g.o. debt. • • FUTURE FINANCING • The City reports no plans for additional financing in the next three months. LEVY LIMITS Property taxes levied by cities in Minnesota historically have been Limited by Minnesota Statutes, Chapter 475. Cities operating under a home rule charter may also be limited by the city charter. Effective as of levy year 1992 and thereafter, the Minnesota Legislature repealed Overall Levy Limits which applied to all cities and counties with populations over 2,500 (but exempted taconite towns). The Overall Levy Limits did not apply to certain "special" levies, including property tax Ievies made on bond principal and interest. There is no assurance that the City will operate without levy limitations in the future. The Legislature also repealed Per Capita Levy Limits for levy years beginning 1992 and thereafter. There is no assurance that the City will operate without Per Capital Levy Limitations in the future. The per capita levy limitation is applied to property taxes levied for all purposes, including levies to pay bond principal and interest. 19 TAX COLLECTIONS Tax Year 1990/91 1991/92 1992/93 1993/94 1994/95 Certified Levy' $4,509,290 4,659,524 4,867,972 4,953,600 4,953.600 NET TAX CAPACITY RATES Hennepin County City of Hopkins I.S.D. No. 270 (Hopkins) I.S.D. No. 287 Metropolitan Council Regional Transit District Park Museum Metropolitan Mosquito Control Hennepin County RRA Suburban Hennepin County Park District Total TAX LEVIES AND COLLECTIONS Total Collected Collected Following Year to Date $4,334,421 $4,503,152 4,473,263 4,639,590 4,798,824 4,848,817 4,909,453 4,909,453 L. In process of collection Property taxes are collected in two installments in Minnesota - -the first by May 15 and the second by October 15 Mobile home taxes are collectible in full by August 31. Minnesota Statutes require that levies (taxes and special assessments) for debt service be at least 105% of the actual debt service requirements to allow for delinquencies. 1990/91 1991/92 1992/93 30.114% 34.327% 35.839% 22.725% 23.639% 26.356% 53.659% 6L303% 65.183% 1.046% 0.513% 1.095% 0.446% 0.606% 0.465% 3.225% 3.458% 3.571% 0.333% 0.363% 0.368% 0.440% 0.418% 0.364% 1.963% 0.000% 0.000% 0.958% 1.151% 1.274% 114.90994 125.778% 134.515% 139.327% 146.078% The above total net tax capacity rates are for taxpayers living within ISD 270 (Hopkins). for ISD 283 which lies in a portion of the City of Hopkins. I.S.D. No. 283 (St, Louis Park) 52.881% 56.347% 67.340% 37.441% 27.502% 67.341% 0.809% 0.421 % 3.636% 0.376% 0.359% 0.000% 1.442% Source- Tax Collections and Net Tax Capacity Rates have been furnished by Hennepin County. 20 Collected 99.86% 99.57% 99.61% 99.11% J 1993/94 1994/95 37.454% 27.191% 75.076% 0% 0.480% 3.626% 0.373% 0.347% 0.001% 1.530% Following are the tax rates 68.281% 71.212% The Certified Levy includes the property tax levy actually spread upon taxable property and state credits and aids, i.e. HACA, disparity reduction aid, equalization aid, etc. Collections are through December 31, 1994 and include abatements, cancellations, mobile home collections and credits, i.e. HACA aid, disparity reduction, and equalization aid. In 1993/94, $966,384 (19.51% of the certified levy) was paid by sources other than a tax levy, reducing the obligation of homestead taxpayers. • CITY GOVERNMENT AND SERVICES THE ISSUER The City of Hopkins was organized as a municipality in 1893 and comprises four square miles. The City operates under a home rule charter form of government consisting of a five - member City Council of which the Mayor is a voting member. The City Manager, City Clerk/Assistant Administrator, Deputy Clerk, and Finance Director are responsible for administrative duties and financial records. The Director of Planning and Economic Development oversees City activities in the areas of planning, development and housing. The Housing Coordinator is responsible for all City housing programs. The public safety is provided by 40 volunteer firemen working out of the City's fire station and 35 police department employees work at the City's police station. Located within the City are 12 city parks, one playground, and 18 skating rinks. EMPLOYEES; PENSIONS The City has 97 full -time and five part -time employees including 16 police officers. All full -time and certain part -time employees of the City are covered by defined benefit pension plans administered by the Public Employee 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. PERA members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security. See the Notes to Financial Statements in Appendix A for a detailed description of the Plans. The City's contribution to PERA during the last three years has been as follows: 1992 $236,225 1993 $243,975 1994 $248,714 21 FUNDS ON HAND (INCLUDING INVESTMENTS, AS OF .TUNE 30, 1995) Fund Investments General Fund Equipment Replacement Fund Economic Development Real Estate Purchases and Sales Hennepin County CDBG Tax Increment 1.1 Paratransit Housing Rehabilitation Parking Cable TV Tax Increment 2.1, Project 158 Tax Increment 2.4, Project 161 Tax Increment 2.6, Project 163 Park Improvements State Aid Construction Debt Service Funds 1990 Improvement Revolving Fund 1992 Improvement Revolving Fund 1992 Taxable Redevelopment Refunding Bonds 1993 Redevelopment Refunding Bonds, Series C 1993 Redevelopment Refunding Bonds, Series A 1988 Redevelopment Bonds 1990 Park & Recreation Bonds 1993 Park & Recreation Bonds, Series D 1991 HRA Revenue Bonds PIR Construction Water Utility Fund Sewer Utility Fund Refuse Utility Fund Storm Sewer Utility Fund Pavillion/Ice Arena Fund Total Investment Trust Cash (accounting adjustments for cash transfers from funds into investment fund) Net Cash and Investments NOTE: Negative fund balances are remedied at the end of the year by interfund transfers. 22 Amount $9,507,538 2,318,062 344,599 2,032,335 21,703 - 20,323 1,597,845 3,398 918,100 320,553 214,692 577,739 1,409 - 11,001 4,000 649,295 15,820 64,656 178,831 69,193 42,112 54,593 10,063 13,165 31,122 - 1,819,564 719,804 937,100 460,000 - 643,320 5,614 $ 19,256,839 - 8,949,823 $ 10,307,016 • ENTERPRISE FUNDS 0 Cash flows for the City's enterprise funds have been as follows as of December 31 each year: • • Water Utility Fund The City's Water Utility serves 100% of the City of Hopkins. The System has storage capacity of 3,200,000 gallons. Date of last water rate increase of January 1, 1993. Total Operating Revenues Less: Operating Expenses Operating Income $ - 26,047 $ 81,873 $ 137,187 Plus: Depreciation 145,023 152,859 120,225 Interest Income 39,091 6,000 35,300 Net Revenues $ 158,067 Sewer Utility Fund The City's Sewer Utility serves 100% of the City of Hopkins. Date of last sewer rate increase of Jannnry 1, 1992. Total Operating Revenues Less: Operating Expenses Operating Income $ 350,291 $ 410,748 $ 242,540 Plus: Depreciation 91,377 83,791 89,310 Interest Income 0 13,400 5,200 Net Revenues $ 441,668 Refuse Utility Fund The Refuse Utility serves 100% of the City's residential properties. Last rate increase was 3% on January 1, 1995. Total Operating Revenues Less: Operating Expenses 1992 $ 662,271 - 688,318 $1,482,417 - 1,132,126 Operating Income $ 135,135 $ 77,233 $ 82,309 Plus: Depreciation 2,415 2,415 2,415 Interest Income 13,193 1 6 ,400 2,600 Net Revenues $ 150,743 $ 752,849 $ 730,382 - 617,714 - 653,149 23 1993 1994 $ 796,208 - 714,335 $ 240,732 $ 292,712 $1,588,928 - 1,178,180 $ 820,913 - 683726 $1,558,204 - 1,315,664 $ 507,939 $ 337,050 $ 659,202 - 576,893 $ 96,048 $ 87,324 Storm Sewer Utility Fund 100% of'tne City is served by the storm sewer system, The last rate increase was 17% effective January 1, 1993 and another increase is anticipated for January 1, 1996 Total Operating Revenues Less: Operating Expenses Operating Income Plus: Depreciation Net Revenues $ 311,275 Pavillion/lcc Arena Fund Total Operating Revenues Less. Operating Expenses Operating Income Plus: Depreciation Net Revenues 1992 $ 433,475 - 198,932 $ 234,543 76.732 $ 149,497 $ 171,609 $ 191,600 - 149082 169053 - 189179 $ 415 $ 2,556 $ 2,421 4 112 4 4112 $ 4,527 $ 6,668 $ 6,533 24 1993 1994 $ 560,295 - 177,982 $ 382,313 90,089 $ 517,325 169 $ 347,904 102 414 $ 472,402 $ 450,318 • • • INSURANCE LITIGATION Type of Insurance Workers' compensation Amount of Coverage Statutory coverage All Real and Personal Property $12,770,440 General Liability Bodily Injury $600,000 Property Damage $600,000 Personal Injury $600,000 Automobile Liability $600,000 Personal Injury Protection Statutory Uninsured/Underinsured Motorist $50,000 Comprehensive /Collision ACV /ACV Volunteer Firemen's Accident and Indemnity $12,670 Boilers and Pressure Vessels $500,000 Public Officials Bond Finance Director $40,000 Manager/Treasurer $10,000 Clerk/Assistant Treasurer $10,000 Cashier $5,000 Blanket Bond (Other City Employees) $2,500 each Public Officials Liability $600,000 There is no litigation threatened or pending questioning the organization or boundaries of the City or the right of any of its officers to their respective offices or in any manner questioning their rights and power to execute and deliver these Bonds or otherwise questioning the validity of these Bonds. The City Attorney reports that any litigation and claims currently pending against the City are being handled by the City's insurance carrier or outside counsel and will not affect the issuance of these Bonds. DEBT PAYMENT HISTORY The City has never defaulted on the payment of principal and interest on its debt. 25 LOCATION The City of Hopkins, with a 1990 U.S. Census of 16,534 and a current Metropolitan Council population estimate of 16,406 and comprising an area of four square miles, is located within Hennepin County in the Minneapolis -St. Paul metropolitan area. It is eight miles southwest of downtown Minneapolis. LARGER EMPLOYERS Larger employers in the City include the following: Firm Alliant Tech Systems Super Valu Inc. Thermotech Advance Circuits Sathers, Inc. Rainbow Foods Innovex, Inc. Sungard Financial Systems Chapel View Care Center Quality Assured Label, Inc. Hopkins Care Center Reuter Manufacturing, Inc City of Hopkins EDCO Products Inc. NAPCO International Inc. Includes full -time, part -time and seasonal. GENERAL INFORMATION Type of Business/Product Military Ordinance Distributor of wholesale foods Manufacturer of plastic injection moldings Manufacturer of printed circuit boards Candy producers General offices arid grocery store Manufacturer of lead wires for diskdrive heads Data processing Nursing home Manufacturer of packaging labels Nursing home High precision machining Municipal government & services Manufacturer of metal building products Defense related sales Source; Written survey, July, 1995, and "Community Profile" (City of Hopkins), Department of Trade and Economic Development, 1.993. 26 No. of Employees` 1,221 1,061 413 293 280 235 200 185 180 150 138 118 102 100 92 s • • U.S. CENSUS DATA Population Trend: City of Hopkins 1980 U.S. Census 15,336 1990 U.S. Census 16,534 Current Metropolitan Council Estimate 16,406 Percent of Change 1980 - 1990 + 7.81% Income /Age/Education Statistics (1990) Hennepin State of County Minnesota 1989 per capita income $18,496 $14,389 1989 median household income $35,659 $30,909 1989 median family income $44,189 $36,916 Median age (City of Hopkins) 31.3 yrs. 32.5 yrs. Median gross rent (City of Hopkins) $493 $384 Median value specified owner - occupied housing units $86,700 $74,000 Housing Statistics Housing Units Source: Census of Population and Housing. UNEMPLOYMENT RATES Rates are not compiled for individual communities within counties. Annual Averages: Monthly Average, June Source: Minnesota Department of Economic Security. City of Hopkins City of Hopkins Percent of 1980 1990 Change 7,257 8,572 + 18.12% Hennepin State of County Minnesota 1991 4.3% 5.1% 1992 4.4% 5.1% 1993 4.2% 5.1% 1994 2.7% 4.0% 1995 3.5% 4.1% 27 BUILDING PERMITS Single Family Homes: No. of new homes: 1 3 4 3 Valuation. $285,000 $172,000 $338,500 $348,200 Additions, remodelings: 284 234 376 112 Valuation: $2,216,415 $2,077,546 $2,981,074 $9,209,172 Multiple Family Dwellings: No. of new buildings: 0 1 Valuation: $0 $1,328,920 Commercial/Industrial/Other: No. of new buildings: 5 2 Valuation: $736 $115,000 Additions, remodelings: 85 64 Valuation: $4 016 942 $5,285,752 Total Valuations: $ 7,254,525 $ 8,979,218 FINANCIAL SERVICES Financial institutions located in the City include the following: First Bank National Association Hopkins Schools Credit Union Norwest Bank Minnesota, N.A. Red Owl /Snyder's Employees Credit Union Retail Employees Credit Union Super Valu Employees Credit. Union Annual deposits for these local facilities are not available, Source- Northwestern Financial Review. As of July 16, 1995. 1992 1993 1994 1995' 28 0 $0 0 $0 5 1 $498,817 $450,000 72 55 $7,468,423 $1585,488 $ 11,286,814 $ 11,592,860 EDUCATION I.S.D. No. 270 (Hopkins) operates ten schools, of which two elementary schools are located in the City of Hopkins. The District serves 7,804 students in grades K through 12. The District employs 1,198 people, 573 of whom are certified personnel. Teachers in the District are currently under contract. In addition to I.S.D. No. 270, a small portion of the City is served by I.S.D. 283 (St. Louis Park). Four year college programs and vocational - technical training are available throughout the Minneapolis -St. Paul metropolitan area. MEDICAL FACILITIES Located within the City of Hopkins are the Chapel View Care Center, a 128 -bed nursing home, and the Hopkins Care Center, a 157 -bed nursing home. Dozens of hospitals, specialized medical facilities, and nursing homes are located throughout the Minneapolis -St. Paul Metropolitan area. N:\WPDATA\HOPKINS\ANALYST\OS RF /nad 29 City of Hopkins, MN Taxable G.O. Housing Improvement Area Bonds, Series 1995 Bond Years Report Maturity Value Maturity 09/01/95 02/01/98 25,000.00 02/01/99 30,000.00 02/01/2000 35,000.00 02/01/2001 35,000.00 02/01/2002 40,000.00 02/01/2003 45,000.00 02/01/2004 45,000.00 02/01/2005 50,000.00 02/01/2006 55,000.00 02/01/2007 60,000.00 02/01/2008 65,000.00 02/01/2009 70,000.00 02/01/2010 80,000.00 02/01/2011 85,000.00 02/01/2012 95,000.00 Bond Years 0.00 60.42 102.50 154.58 189.58 256.67 333.75 378.75 470.83 572.92 685.00 807.08 939.17 1,153.33 1,310.42 1,559.58 Cumulative Bond Years 0.00 60.42 162.92 317.50 507.08 763.75 1,097.50 1,476.25 1,947.08 2,520.00 3,205.00 4,012.08 4,951.25 6,104.58 7,415.00 8,974.58 Prepared by Ehlers and Associates 30 (P &!- LEVY.WK4) • EXCERPTS FROM FINANCIAL STATEMENTS A -1 APPENDIX A Combined Balance Sheets for the years 1992 and 1993 and Combined Statements of Revenues, Expenditures and Changes in Fund Balances for the years ending December 31, 1991, 1992, and 1993 reproduced on the following pages have been extracted from audit reports of the City of Hopkins prepared by a Certified Public Accountant. Notes (included here for 1993) are an integral part of the audits and any judgment of the financial statement should be based on the statement as a whole. Copies of the audits and the current budget are available upon request from Ehlers and Associates, Inc. The 1994 audit is in process of completion. Equity and Other Credits: Contributed capital (Note 8) Investment in general fixed assets Retained earnings: Reserved for debt service (Note 6) Unreserved Fund balances (deficit): Reserved (Note 6) Unrcserved/undesignated Total Equity and Other Credits CITY OF HOPKINS, MINNESOTA COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS December 31,1994 With Comparative Totals for December 31, 1993 Proprietary Fiduciary Governmental Fund Types Fund Type Fund Type Account Groups General General Totals Special Debt Capital Fixed Long -Term (Memorandum Only) Enterprise Agency Assets Debt 1994 1993 General Revenue Service ASSETS AND OTHER DEBITS A S 186,763 S - S S S 967,724 5 1,358,105 Cash (Note 2) S 111.534 S 519,336 S 103,541 S 46,550 1,085,000 1,237,701 11,778.646 13.618,699 Investments, at cost (Note 2) 3,236,245 4,897,700 916,000 406,000 ` Receivables: 147,459 252 571 Taxes ctrrrent/delinqurnt 89,375 27 30,749 509,507 1,139,508 1,274,358 Accounts and other 73,674 170,850 385,477 93,648 1,061,897 Rehabilitation loans (Note 13) 893,648 3, 88 93.648 1 ,061,897 Special assessments 3,160,866 60,866 81,095 Accrued interest on investments 47,476 695,000 2 847, 2,831,232 Due from other funds (Note 11) 40,400 2,137,799 23,694 73, 832,232 Due from other governmental units 13,840 10,038 23,694 104,222 72, Inventory, at cost 88,644 3,024 3,024 5,891 Prepaid expenses 144,956 144,956 167 295 Deferred receivables (Note 14) 10,419,634 26,060,393 36,480,027 34,463,721 Other assets !Note 3 j 150,000 250,000 250,000 An nt 1,019,541 1,019,541 1,302,870 Amount available in Debt Service Funds Amount to be provided for retirement 10,976,702 10,9: 4.702 11504,473 of general long -term debt TOTAL ASSETS AND OTHER DEBITS S 3 701.188 $ 8,656.706 $ 1.0K1,2_2 is $ 3.998.893 S 13.333.156 $ 1.237.701 3 26.060,393 S 11.996.243 S 70.034 570 S 71.705.219 N LIABILITIES. EQUITY AND OTHER CREDITS Liabilities: 84 52,927 551,762 4 233 S S S S 311,941 S 516,09 Accounts payable S 72,327 $ 26,700 S $ 128,681 S 942 5 Compensated absences payable 492,040 6,795 729,400 2,551, 2,481, Due to other funds (Note 11) 582,600 1 ,561,199 29 ,406 73,197 Due to other governmental units 51,519 3,772 Deferred revenue: 252,571 47,459 252 Property taxes - delinquent 89,375 27,335 30,749 3 1 1 47,459 2 25 Special assessments 3,230,008 87,822 81,535 Fees 82,428 5,394 7,350 23,765 Bondsits 7,350 2,705,000 11,996,243 14,701,243 15,622,343 Deferred r re d payable crdit ((Note 4) e l4) 143,937 143,937 164,799 rd redit (Not Deferred compensation funds 1.237,701 1,237,701 1.197,569 held Total for Liabilities participants 795,039 652,596 30,749 4,919,888 Total (Note 5) 3,737,783 1,237.701 11,996,243 23,369,999 24,051.124 l 88,6 1,064,348 1,019,541 2,172,533 2,622,694 2,817,505 6,939,762 (920,995) 8,836,272 10,800,359 2,906,149 8,004,110 1,019,541 (920,995) 9,595,373 26,060,393 46,664,571 47,654,095 TOTAL LIABRITIES, EQUITY AND OTHER CREDITS S 3 701 I $ 8 656 706 $ 1,050.290 S 3,998,893 3 13.333 156 $ 1.237.701 S 26.060.393 S 11 ,996 243 $ 70.034 570 S 71 705 219 The Accompanying Notes Are An Integral Part Of This Statement 472,684 - 472,684 472,684 26,060,393 26,060,393 25,705,053 1,158,375 1,158,375 666,404 7,964,314 7,964,314 7,386,401 4 CITY OF HOPKINS, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES REVENUES: General property taxes Special assessments Licenses and permits Intergovernmental Fines and forfeitures Use of money and property Charges for services Other Total Revenues Year Ended December 31, 1994 With Comparative Totals for Year Ended December 31, 1993 EXPENDITURES Current: General government Public safety Community development Public works Recreation Other Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures OTHER FINANCING SOURCES (USES): Proceeds of bond issued Operating transfers in Operating transfers out Total Other Financing Sources (Uses) EXCESS (DEFICIENCY) OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES FUND BALANCE (DEFICIT) AT BEGINNING OF YEAR The Accompanying Notes Are An Integral Part Of This Statement General $ 3,266,413 $ 263,735 1,827,758 93,070 230,836 55,774 589,171 6,326,757 1,139,899 2,481,400 596,227 1,573,756 112,477 92,474 . 5,996,233 (296,133) 3,202,282 FUND BALANCE (DEFICIT) AT END OF YEAR $ 2 906,149 $ Governmental Special Revenue 1,660,916 283,727 20,649 149,973 52,571 278,745 2,446,581 469,004 359,307 2,324,033 3,152,344 5,677 (626,657) (1,113,346) (626,657) (1,107,669) (1,813,432) 9,817,542 8,004,110 Fund Types Debt Service Capital Prot 347,138 64,554 807,965 231,296 15,699 326,960 1,402,098 $ 262,406 $ 811,100 563,189 1,374,289 764,000 764,000 1,200,678 (230,352) 970,326 (283,329) (21,854) 1,302,870 (899,141) $ 1,019,541 $ (920,995) $ Totals (Memorandum Only) 1994 1993 5,189,735 $ 5,214,131 347,138 492,889 263,735 226,233 2,984,004 2,480,308 113,719 128,976 612,105 937,130 108,345 160,341 883,615 824,571 10,502,396 10,464,579 1,500 1,610,403 1,517,773 2,481,400 2,324,571 955,534 741,361 1,573,756 1,535,957 112,477 131,868 92,474 42,837 2,392,778 4,716,811 2,598,759 811,100 526,100 563,189 708,375 2,394,278 12,917,144 10,127,601 27,753 1,970,355 3,433,875 (1,970,355) (3,433,875) 27,753 (2,414,748) 364,731 13,423,553 13,058,822 11,008,805 $ 13,423,553 City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS December 31, 1994 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Hopkins Charter was approved December 2, 1947. The City operates under a Council - Manager form of government. The accounting policies of the City of Hopkins conform to generally accepted accounting principles as applicable to governments. The following is a summary of the more significant policies: A. Financial Reporting Entity The City has included in these financial statements all funds, account groups, agencies, boards, commissions and authorities which meet the entity definition criteria of GASB Statement No. 14, the Reporting Entity, for control or dependency upon the City's Mayor or City Council. Control or dependency was determined primarily on the basis of exercise of oversight responsibility as manifested by financial inter- dependency. Factors considered in making this determination included responsibility for financing deficits, entitlement to surpluses, guarantees or moral responsibility for debt, scope of public service, special financing arrangements, selection of governing authority, ability to significantly influence operations, and management and fiscal accountability, including budget adoption and taxing authority. As a result of applying the entity definition criteria, certain organizations have been included or excluded from the City's financial statements, as follows: Included: Housing and Redevelopment Authority in and for the City of Hopkins (HRA). The HRA was created by the City to carry out certain redevelopment projects and low income rental housing. The governing board is the City Council. The housing activity is self - sustaining for current operating expenses, however, HUD retains ownership of the housing units and funds the debt issued for their purchase. The City provides development financing through tax increment. Excluded: Hopkins Firemen's Relief Association. This association is organized as a nonprofit organization by its members to provide pension and other benefits to such members in accordance with Minnesota Statutes. Its board of directors is appointed by the membership of the organization. All funding is conducted in accordance with Minnesota Statutes, whereby state aids flow to the association, tax levies are determined by the association and reviewed by the City, and the association pays benefits directly to its members. (See Note 5 for disclosures relating to the pension plan operated by the association.) City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED Hopkins Independent School District No. 270. This district is a separate and independent governmental unit which has its own elected Board. They have specific statutory taxing authority and are responsible for their own debt. The City provides no operating subsidies to the school district. B. Fund Accounting The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped, in the financial statements of this report, into six generic fund types and three broad fund categories as follows: GOVERNMENTAL FUNDS General Fund - The General Fund is the general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Funds - Special Revenue Funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes. Debt Service Funds - Debt Service Funds are used to account for the accumulation of resources for, and the payment of, general long -term debt principal, interest, and related costs. Capital Projects Funds - Capital Projects Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities, other than those financed by Proprietary Funds or the Special Revenue Funds. PROPRIETARY FUNDS Enterprise Funds - Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Hopkins' enterprises include public utilities engaged in the provision of water, sewer, refuse and storm sewer services, the pavilion/ice arena and subsidized rental units under the housing authority. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED FIDUCIARY FUND City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 Agency Fund - The Agency Fund is used to account for assets held in an agency capacity on behalf of City employees. C. Fixed Assets and Long -Term Liabilities The accounting and reporting treatment applied to the fixed assets and long -term liabilities associated with a fund are determined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available spendable resources ". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. Fixed assets used in governmental fund type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. Public domain ( "infrastructure ") building., including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and lighting systems, are capitalized along with other general fixed assets. No depreciation Iras been provided on general fixed assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at estimated fair market value when received. Long -term liabilities expected to be financed from governmental funds are accounted for in the General Long -Term Debt Account Group, not in the governmental funds. These two account groups are not "funds ". They are concerned only with the measurement of financial position. They are not involved with measurement of results of operations. All proprietary funds are accounted for on a cost of service or "capital maintenance" measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components. Donated fixed assets are valued at their estimated fair market value on the date received. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in net total assets. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED Depreciation of all exhaustible fixed assets used by proprietary funds is charged as an expense against their operations. Accumulated depreciation is reported on proprietary fund balance sheets. Depreciation has been provided over the estimated useful lives using the straight line method. The estimated useful lives are as follows: Buildings Mains and Lines Improvements Equipment 25 - 50 years 50 - 100 years 10 - 20 years 3 - 20 years D. Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. All governmental funds and the agency fund are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Major revenues that are determined to be susceptible of accrual include grants -in -aid earned, intergovernmental revenues, interest, and rent. Major revenues that are determined to not be susceptible of accrual because they are either not available soon enough to pay liabilities of the current period or are not objectively measurable include delinquent property taxes, assessments, licenses, permits, fines, and forfeitures. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is principal and interest on general long -term debt which is recognized when due. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are eamed, and their expenses are recognized when they are incurred. Unbilled utility service receivables are recorded at year end. E. Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements and set forth in Section 7.04 of the City Charter. 1. The City Manager shall, at the first regular council meeting in September, submit to the Council a budget and an explanatory budget message in a form and manner as prescribed by the City Charter. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED 2. The Council shall determine the plan and time of the public hearings on the budget. 3. The Council shall adopt the tax levy by resolution no later than a December date which is annually established by law for the county auditor to levy taxes. The budget shall set forth the total for each budgeted fund with such segregation as to objects and purposes of expenditures as the Council deems necessary for purposes of budget control for the General and Special Revenue Funds. 4. The City Manager is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council and are limited to the amount revenues exceed the budgets or authorize the transfer of sums from unexpended balances to other purposes. Supplemental appropriations were not required in 1994. Budgeted expenditure appropriations lapse at year end. The level of legal control is at the fund level. 5. The budgets for the General and Special Revenue Funds are prepared on a modified accrual basis of accounting, which is consistent with generally accepted accounting principles (GAAP). O) 6. A capital improvement program is reviewed annually by the City Council for the Capital Projects Funds, certain Special Revenue Funds and Utility Funds. However, appropriations for major projects are not adopted until the actual bid award of the improvement. The appropriations are not reflected in the financial statements. F. Encumbrances G. Inventory City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 Encumbrances outstanding at year end expire, except in the Municipal State Aid- Construction Fund, and are not reported in the financial statements as current year expenditures. Inventory is valued at cost (FIFO basis) based on physical counts for the General, Water and Sewer Funds. The cost of inventory is recorded as an expenditure at the time of consumption. H. Compensated Absences The City compensates all employees upon termination for unused vacation up to 150% of the annual earning rate. Vacation pay is expensed as earned. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED City employees are entitled to sick leave at the rate of 8 hours for each calendar month of full -time service. Sick pay is expensed as paid. Employees shall be entitled to severance pay, after completion of five or ten years continuous City employment, calculated by multiplying the total number of continuous years in the City employ and/or accumulated sick leave by the daily wage rate prevailing at date of severance, at one day per year of such employment, to a maximum of 20 days. Such severance money shall be paid in case of separation caused by death, eligible retirements, medically attested disability preventing an employee from performing the major duties of the position or separation for non - disciplinary reasons. Severance pay is expensed as earned. An employee who has been with the City for at least ten years and is (1) age 60 years or older, or (2) eligible for full PERA retirement benefits, may retire and receive full single health and life insurance coverage until age 65. • I. Statement of Cash Flows For purposes of the statement of cash flows, the City's enterprise funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. J. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or cash flows on a consolidated basis. Interfund eliminations have not been made in the aggregations of this data. K. Property Taxes Property tax levies are set by the City Council in October each year, and are certified to the County for collection in the following year. In Mtnnesota, counties act as collection agents for all property taxes. Such taxes become a lien on January 1 and are recorded as receivables by the City at that date. The County spreads all levies over assessable property. Real property taxes are payable by taxpayers in two equal installments, on May 15 and October 15. Personal property taxes are also payable by taxpayers in two equal installments, on February 28 and June 30. The County provides tax settlements to cities and other local governments three times a year, on or before January 25, July 6 and November 30. • City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED Property tax revenue is recorded as amounts are collected, including amounts collected by the County before December 31, remitted to the City within 60 days of year end. Taxes which remain unpaid at the County on December 31 are classified as delinquent taxes receivable, and are fully offset by deferred revenue because they are not available to finance current expenditures. No allowance for uncollectible taxes has been provided because such amounts are not expected to be material. NOTE 2 - CASH AND INVESTMENTS Cash balances from all funds are pooled together in official depositories and invested to the maximum extent possible. All investment transactions are accounted for in the Pooled Investment Account through a cash overdraft account. On December 31 of each year the investments and accrued interest receivable balances are allocated from the Pooled Investment Account to all funds based upon their relative average monthly cash balances. On January 1 of each year this allocation is reversed to recreate an investment pool for maximization of interest earnings. Periodically during the year certain funds have a temporary cash deficit. These funds with cash deficits are charged interest (at the same rate as funds with a positive balance earn interest) when investment interest earnings are allocated. Deposits In accordance with Minnesota Statutes, the City maintains deposits at financial institutions designated as official depositories by the City Council, all of which are members of the Federal Reserve System. Minnesota Statutes require that all City deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or bonds (140% in the case of mortgage notes pledged). Authorized collateral includes the legal investments described below, as well as certain first mortgage notes, and certain other state or local government obligations. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the City treasurer or in a financial institution other than that furnishing the collateral. • City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 2 - CASH AND INVESTMENTS - CONTINUED Deposits at December 31, 1994, were as follows: Checking account at: Norwest Bank Minnesota Imprest cash and change funds Totals Carrying Bank Amount Balance $ 966,774 $ 1,395,919 950 $ 967,724 $ 1,395,919 All bank balances were covered by federal depository insurance or by collateral held by the City's agent in the City's name except for imprest funds which are held at the City. Investments The City is authorized by Minnesota Statutes to invest in the following: (a) Direct obligations or obligations guaranteed by the United States or its agencies; (b) Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described in (a) above; (c) General obligations in the State of Minnesota or any of its municipalities; (d) Bankers' acceptances of United States banks eligible for purchase by the Federal Reserve System; (e) Commercial paper issued by United States corporations or their Canadian subsidiaries, of the highest quality, and maturity in 270 days or less; and (f) Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. Government securities to the Federal Reserve Bank of New York, or certain Minnesota securities broker - dealers. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 2 - CASH AND INVESTMENTS - CONTINUED The City's investments are categorized below to give an indication of the level of risk assumed at year end. Category 1 includes investments that are insured or registered or for which the securities are held by the City or its agent in the City's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department or agent in the City's name. Investment balances at December 31, 1994, were as follows: Securities Type U.S. Government Agency Securities Commercial Paper Internal Notes and Bonds Deferred Compensation Credit Risk Category Carrying Market 1 2 Amount Value $ 5,013,715 $ - $ 5,013,715 $ 4,764,145 5,239,530 5,239,530 5,237,619 287,700 287,700 1,237,701 1,237,701 Total Investments $ 5,013,715 $ 5,239,530 $ 11,778,646 $ 11,527,165 The City's investments also include $287,700 of notes and bonds issued by the City and its related tax increment district activity. These investments are backed by the full faith, credit and taxing power of the City. NOTE 3 - FIXED ASSETS Changes in the General Fixed Assets Account Group during 1994 were as follows: Land Buildings Other Improvements Vehicles Machinery and Equipment Construction in Progress Balance Balance Jan 1. 1994 AcicUons Deletions Dec 31.1994 $ 2,554,186 4,783,340 10,786,038 1,777,092 2,565,646 3,238,751 $ 1,411,799 $ 4,887 3,426,291 314,902 75,647 3,453,767 17,414 3,831 1,403,174 S 3,965,985 4,788,227 10,758,562 2,074,580 2,637,462 1,835,577 Total $ 25,705,053 $ 5,233,526 $ 4,878,186 $ 26,060,393 The construction in progress amount consists of several projects for street reconstruction. • Land Buildings Other Improvements Machinery and Equipment Construction in Progress General Obligation Bonds Special Assessment Bonds Revenue Bonds City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 3 - FIXED ASSETS - CONTINUED Changes in Enterprise Funds fixed assets during 1994 were as follows: Total $ 13.987.499 Less: Accumulated depreciation General Obligation Bonds Special Assessment Bonds Total General Long -Term Debt Account Group Enterprise Fund Debt Total Balance Jan 1. 1994 Additions $ 21,597 11,397 12,815,579 786,626 352,300 Net Fixed Assets NOTE 4 - LONG -TERM DEBT Changes in long -tcrm debt during 1994 were as follows: Balance Ian 1.1994 Balance Deletions Dec 31. 1994 $ - $ $ 21,597 33,089 44,486 1,832,277 488,598 14,159,258 137,700 79,517 844,809 295,731 286,043 361,988 $ 2.298.797 $ 854,158 $ 15,432,138 5,012,504 $ 10,422,343 2,385,000 12,807,343 $ 10,419,634 Balance Deductions Dec 31. 1994 $ 631,100 $ 9,791,243 180,000 2,205,000 811,100 11,996,243 2,815,000 110,000 2,705,000 $ 15,622,343 $ 921,100 $ 14,701,243 The long -term debt obligations outstanding at year -end are summarized as follows: i Bonds Maturities Interest Rate Dec 31. 1994 1995 -2011 2.80 -8.10% $ 9,791,243 1995 -2008 3.70 -6.70 2,205,000 1995 -2010 4.40 -6.15 2,705,000 NOTE 4 - LONG -TERM DEBT - CONTINUED Year Ending December 31 Less: Interest City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 Annual Requirements to Amortize Long -Term Debt Bonds December 31, 1994 Special General Revenue Assessment Total 1995 $ 1,072,540 $ 234,825 $ 287,715 $ 1,595,080 1996 1,054,366 238,237 279,662 1,572,265 1997 1,035,802 236,165 271,292 1,543,259 1998 1,017,186 239,570 262,592 1,519,348 1999 992,796 238,450 253,631 1,484,877 2000 977,380 241,925 244,406 1,463,711 2001 985,988 244,870 234,901 1,465,759 2002 917,693 237,510 181,710 1,336,913 y 2003 906,480 235,035 174,893 1,316,408 C Thereafter 5,274,365 1,684,950 767,474 7,726,789 4,443 353 1,126,537 753276 6,323,166 $ 9,791,243 $ 2,705,000 $ 2,205,000 $ 14,701,243 There is $1,019,541 available in the Debt Service Funds to service the general obligation and tax increment bonds. There are a number of limitations and restrictions contained in the various bond indentures. The City is in compliance with all significant limitations and restrictions. General Obligation Bonds are backed by the full faith, credit and taxing power of the City, and are serviced entirely by the General and Tax Increment levies. Revenue Bonds are backed by the full faith, credit and taxing power of the City, and are serviced entirely by the Storm Sewer Utility Fund from current revenues. City Special Assessment Bonds are backed by the full faith, credit and taxing power of the City, and repayment monies are generated by the collection of Special Assessments. The City is subject to a statutory limit of bonded indebtedness equaling 2.0 percent of market value. At December 31, 1994, the debt Limit for the City was $11,948,714 but only $1,580,459 of general obligation and revenue bonds were applicable to the limit. The legal debt margin was $10,368,255. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 4 - LONG -TERM DEBT - CONTINUED The City of Hopkins is the administering authority for the following tax increment finance districts: Tax Increment 1.1 (Redevelopment District) Current Net Tax Capacity Original Net Tax Capacity Captured Net Tax Capacity Retained by Authority Outstanding Bonds at 12/31/93 Total Redevelopment Bonds issued Amounts redeemed Outstanding bonds at 12/31/94 Tax Increment 2.1 -2.6 (Redevelopment District) Current Net Tax Capacity Original Net Tax Capacity Captured Net Tax Capacity Retained by Authority Outstanding Bonds at 12/31/93 Total Redevelopment Bonds issued Amounts redeemed Outstanding bonds at 12/31/94 $ 1,255,964 $ 392,461 $ 863,503 $ 7,328,543 $ 425,000 $ 6,903,543 $ 406,975 $ 397,720 $ 9,255 $ 328,800 $ $ 41,100 $ 287,700 NOTE 5 - PENSION PLANS City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 A. Defined Benefit Pension Plans - Statewide 1. Plan Description All full -time and certain part-time employees of the City of Hopkins 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. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters and peace officers who qualify for membership by statute are covered by the PEPFF. The payroll for employees covered by PERF and PEPFF for the year ended December 31, 1994, was $2,594,335 and $1,160,731, respectively; the City's total payroll was $4,152,584. PERA provides retirement benefits as well as disability benefits to members,and benefits to survivors upon death of eligible members. Benefits are established by State Statute, and vest after three years of credited service. The defined retirement benefits are based on member's average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for Coordinated and Basic members. The retiring member receives the higher of step -rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic member is 2 percent of average salary for each of the first 10 years of service and 2.5 percent for each remaining year. For a Coordinated member, the annuity accrual rate is 1 percent of average salary for each of the first 10 years and 1.5 percent for each remaining year. Using Method 2, the annuity accrual rate is 2.5 percent of average salary for Basic members and 1.5 percent for Coordinated members. For PEPFF members, the annuity accrual rate is 2.5 percent for each of the first 25 years and 2 percent for each remaining year. For PERF members whose annuity is calculated using Method 1, and for all PEPFF members, a full annuity is available when age plus years of service equal 90. During 1994 no employee qualified for the Basic Plan. There are different types of annuities available to members upon retirement. A normal annuity is a lifetime annuity that ceases upon the death of the retiree. No survivor annuity is payable. There are also various types of joint and survivor annuity options available which will reduce the monthly normal annuity amount, because the annuity is payable over joint lives. Members may also leave their contributions in the fund upon termination of public service, in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. • City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED 2. Contributions Required and Made Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. The City makes annual contributions to the pension plans equal to the amount required by statutes. According to Minnesota Statutes Chapter 356.215, Subd. 4(g) the date of full funding required for the PERF and PEPFF is the year 2020. As part of the annual actuarial valuation, PERA's actuary determines the sufficiency of the statutory contribution rates towards meeting the required full funding deadline. The actuary compares the actual contribution rate to a "required" contribution rate. Current combined statutory contribution rates and actuarially required contribution rates for the plans are as follows: Statutory Rates: Required Employees Employer Rates PERF: Basic Fund and Coordinated Fund PEPFF Total contributions made by the City during fiscal year 1994 were: PERF: Coordinated Plan PEPFF Totals Amounts Employees Employer S 109,740 38,390 5 193,130 4.30% 4.60% 9.58% 7.90% 11.70% 17.45% 5 116,128 132,586 S 248.714 Percentage of Covered Payroll Employees Employer 4.23% 4.48% 7.60 11.40 The City's contribution for the year ended June 30, 1994 to the PERF represented 0.10 percent of total contributions required of all participating entities. For the PEPFF, contributions for the year ended June 30, 1994, represented 0.41 percent of total contributions required of all participating entities. 3. Funding Status and Progress Pension Benefit Obligation The "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases and step -rate benefits, estimated to be payable in the future as a result of employee service to date. The measure, which is the actuarial present value of credited projected benefits, is intended to help users assess the PERA's funding status on a going- concern basis, assess progress made in Total pension benefit obligation Net assets available for benefits, at cost (Market values for PERF = $4,515; PEPFF = $1,173) Unfunded (assets in excess of ( pension benefit obligation) City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employees Retirement Systems and among employers. PERA does not make separate measurements of assets and pension benefit obligation for individual employers. The pension benefit obligations of the PERA as of June 30, 1994, were as follows: PERF PEPFF (in millions) S 5,626 $ 1,021 4,734 1,230 $ 892 S (209) The measurement of the pension benefit obligation is based on an actuarial valuation as of June 30, 1994. Net assets available to pay pension benefits were valued as of June 30, 1994. 4. Changes in Actuarial Methods and Benefit Provisions Prior to the fiscal year 1994, the salary increase assumption and the mortality tables used in the calculation of pension benefit obligation for the PERF were the same as those specified for the PEPFF. For the July 1, 1994 actuarial valuation, PERA's board of trustees approved new mortality rates updated to the 1983 Group Annuity Mortality Table, salary increases which were changed to a select and ultimate table and a new payroll growth assumption which was changed from 6.5 percent to 6 percent. These changes were made to reflect actual experience of the plan. With the adoption of the actuarial assumption changes and the new mortality tables for the PERF, the pension benefit obligation increased $56,596,000. The actuarial assumption changes also necessitated a $81,201,000 transfer from the PERF Benefit Reserve to the PERF Minnesota Post Retirement Investment Fund (MPRIF) Reserve to finance the increased obligation for future retirement benefits. The change in the mortality rate assumption increased the PERAs costs because pensioners are living longer than assumed previously. The change in the salary increase assumption, however, offset some of the additional costs because lower salary increases generally translate into lower benefit liabilities in the future. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED Potential changes in the assumptions used for the PEPFF may be made in the future after completion of a special experience study for that fund. Completion of the PEPFF experience study is expected by February 1, 1995. The 1994 legislative session did not include any benefit improvements which would impact funding costs for the PERF and the PEPFF. 5. Ten -Year Historical Trend Information Ten -year historical trend information is presented in PERA's Comprehensive Annual Financial Report for the year ended June 30, 1994. This information is useful in assessing the pension plan's accumulation of sufficient assets to pay pension benefits as they become due. B. Social Security Approximately 75 percent of the City employees are covered by the Federal Insurance Contribution Act (Social Security). The contribution rate for 1994 was 6 2% and was based on the first $60,600 paid. In 1994, the City also contributed 1.45% of regular and temporary employees' wages for mandatory Medicare. The cost of Social Security and mandatory Medicare in 1994 and 1993 was 5226,066 and 5218,595, respectively. C. Hopkins Fire Department Relief Association The City contributes to the Hopkins Fire Department Relief Association, a single employer public employee retirement system (PERS) that acts as a common investment and administrator for the City's firefighters. The association operates under the provisions of Minnesota Statute Chapter 424 and Chapter 1088 as amended. The contribution consists of funding provided by state aid and by a local tax levy if required. A separate audit report is issued by the association as it does not meet entity requirements to allow inclusion as a City of Hopkins fund. Firefighters are volunteers to the association and are not employees of the City. There is no covered payroll for the firefighters. Volunteer firefighters of the City are members of the association. Any regular member who has reached the age of 18 shall be eligible to apply for membership in the association. The plan provides for sick and disability benefits, death benefits and pensions with a set value for the annual withdrawal amount. Full vesting in the plan requires a member to have served for at least 5 years, to have reached the age of 50 years and to have been a member of the association for at least 5 years. These benefit provisions and all other requirements are consistent with enabling statutes. Benefits for retirees are paid out in lump sums for regular retirees. Sick, disability and death benefits are determined for each case. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED If an employee terminates employment with the association and is not eligible for any other benefits under the PERS, the employee is entitled to no other benefits. 1. Funding Status and Progress The amount shown below as the "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases (if any) and step -rate benefits, estimated to be payable in the future as a result of service to date. The measure is intended to help users assess the funding status of the Association on a going - concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits and is independent of the funding method used to determine contributions to the Association. A variety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are sumrnaried below: o The present value of future pcnsion payments was computed by using a discount rate of five percent. The discount rate is equal to the estimated Tong -term rate of return on current and future investments of the pension plan. o Future pension payments reflect no post - retirement benefit increases, which is consistent with the terms of the pension agreement. The standardized measure* of the unfunded pension benefit obligation as of December 31, 1994 is as follows: Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated members not yet receiving benefits Current members: Vested benefits Nonvested benefits Total pension benefit obligation Net assets available for benefits Under funded pension benefit obligation 'Assumes future rate of return on plan assets of 5 %. $ 123,466 1,448,326 11,160 1,459,486 1,225,658 $ 233,828 City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED 2. Contributions Required and Contributions Made Financial requirements of the Association are determined on an actuarial basis using the entry age normal actuarial cost method. Normal cost is funded on a current basis. The unfunded actuarial accrued liability is to be funded by December 31, 2010. The City's minimum obligation is the financial requirement for the year less anticipated member contributions and state aids. Any additional payments by the City shall be used to amortize the unfunded liability of the Association. The funding strategy for normal cost and the unfunded actuarial accrued liability should provide sufficient resources to pay Association benefits on a timely basis. Total contributions from the State of Minnesota to the Association in 1994 amounted to 539,050. The contributed amounts were actuarially determined as described above and were based on an actuarial valuation as of December 31, 1994. The contributions represent funding for the normal cost of $121,679 in 1994. Significant actuarial assumptions used to compute pension contribution requirements are substantially the same as those used to determine the standardized measure of the pension obligation. The computation of the pension contribution requirements for 1993 was based on the same actuarial assumptions, benefit provision, actuarial funding method and other significant factors used to determine pension contribution requirements in previous years. 3. Related -Party Investments During 1994 and as of December 31, 1994, the MFRA held no securities issued by the City or other related parties. 4. Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Ten -year trend information may be found in the HFRA annual financial report for the year ended December 31, 1994. Three -year trend information for the Association is as follows: City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 5 - PENSION PLANS - CONTINUED Available assets as a percentage of pension benefit obligation Unfunded pension benefit obligation as a percentage of covered payroll City's contribution** as a percentage of covered payroll 1994 1993 1992 84% 94% 96% Not* Not* Not* Applicable Applicable Applicable Not* Not* Not* Applicable Applicable Applicable The Hopkins Fire Department is a volunteer organization; thus, no covered payroll exists. •'The City's contribution was made in accordance with actuarially determined requirements. D. Deferred Compensation The City offers its employees two deferred compensation plans created in accordance with Internal Revenue Code Section 457. These plans, available to all City employees, permit them to defer a portion of their current salary until future years. The deferred compensation is not available to the employees until termination, retirement, death or unforseeable emergency. All amounts of compensation deferred under the plans, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights are (until made available to the employee or other beneficiary) solely the property and rights of the City (without being restricted to the provisions of benefits under the plans) subject only to the claims of the City's general creditors. Participants' rights created under the plans are equivalent to those of general creditors of the City and only in an amount equal to the fair market value of the deferred account maintained with respect to each participant. In the past, the plan's assets, which are reported at fair market value, have been used only to pay benefits. In addition, the City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. Assets of the plans are administered by third parties and total $1,237,701 at December 31, 1994. The City makes a monthly flat rate payment into a deferred compensation plan for each sworn police officer. The cost to the City in 1994 for this plan was $6,900. City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 6 - DESIGNATIONS AND RESERVES OF FUND EQUITY Fund equity in the various funds has been reserved for the following purposes: General Fund: Reserved for inventories $ 88,644 Special Revenue Funds: Economic Development Fund: Reserved for loans receivable $ 545,161 Hennepin County CDBG Fund: Reserved for loans receivable $ 55,155 Housing Rehab Fund: Reserved for loans receivable $ 464,032 $ 1,064,348 Debt Service Funds: Reserved for debt service $ 1,019,541 Storm Sewer Utility Fund: Reserved for debt service S 1,158,375 NOTE 7 - SEGMENT INFORMATION FOR ENTERPRISE FUNDS The City maintains six Enterprise funds which account for water, sewer, refuse, storm sewer utility operations, pavilion/ice arena operations, and low income housing rentals. Segment information for the year ended December 31, 1994 is as follows: Operating Revenues $ Depreciation Expense Operating Income (Loss) Net Income (Loss) Property and Equipment: Additions Deletions Net Working Capital Total Assets Bonds Payable Total Equity Water Sewer Refuse Utility Utility Utility Fund Fund Fund 820,913 S 1,558,204 S 120,225 89,310 137,187 242,540 164,747 335,009 659,202 S 31,447 82,309 90,696 Storm Sewer Utility Fund 517,325 S 102,414 347,904 491,971 Pavilion/ Total Ice Arena Housing Enterprise Fund Authority Funds 191,600 S 178,713 S 3,925,957 4,112 347,508 2,421 (16,441) 795,920 2,421 (14,960) 1,069,884 847,691 461,483 416,066 573,557 2,298,797 561,826 212,815 79,517 854,158 713,055 377,176 565,729 (718,267) (10,791) 92,818 1,519,720 3,937,580 3.646,964 1,008,373 4,558,375 72,603 109,261 13,333,156 2,705,000 2,705,000 3,884,530 3.443,517 990,146 1,158,375 25,987 92,813 9,595,373 NOTE 8 - CONTRIBUTED CAPITAL City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 During the year there were no changes to contributed capital. NOTE 9 - FUND DEFICIENCIES For the year ended December 31, 1994, actual expenditures exceeded the budgeted amount in the following funds: • Fund Budgeted Actual Variance Equipment Replacement S 173,600 S 338,471 S 164,871 Economic Development 209,400 533,166 323,766 Hennepin County CDBG 120,000 126,172 6,172 Tax Increment 1.1 705,000 954,821 249,821 Tax Increment 2.1 14,500 38,074 23,574 Tax Increment 2.6 300 1,419 1,119 Housing Rehab 90,100 105,622 15,522 Expenditures and other financing uses exceeded revenues and other financing sources in certain individual funds for the year ended December 31, 1994 as follows: General Fund Special Revenue: Economic Development Hennepin County CDBG Tax Increment 1.1 Tax Increment 2.6 Housing Rehab Parking Debt Service: Improvement Revolving Bonds of 1992 Taxable Redevelopment Refunding Bonds of 1992 Redevelopment Bonds of 1988 Redevelopment Refunding C Bonds of 1993 Redevelopment Refunding A Bonds of 1993 Park/Recreation Facilities Bonds of 1990 Park/Recreation Refunding D Bonds of 1993 Capital Projects: Municipal State Aid $ 296,133 326,493 5,362 1,615,216 245 36,291 25,485 67,039 20,675 47,977 52,324 29,865 23,856 43,549 115,352 City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 10 - FUND BALANCE DEFICITS At December 31, 1994, the following funds had deficit fund balances. These deficits will be corrected through future tax levies or special assessments: Tax Increment 2.6 Fund $ 577,501 Permanent Improvement Revolving Fund 1,381,817 NOTE 11 - INTERFUND RECEIVABLES AND PAYABLES The following funds had amounts receivable from other funds, and the respective funds had equal amounts payable to other funds at December 31, 1994: General Fund: -Due from Paratransit Fund -Due from Park Improvements Fund -Due from Pavilion/Ice Arena Fund Tax Increment 1.1 Fund: -Due from Permanent Improvement Revolving Fund -Due from Tax Increment 2.6 Fund Tax Increment 2.1 Fund: -Due from Tax Increment 2.6 Fund Parking Fund: -Due from Permanent Improvement Revolving Fund Sewer Utility Fund: -Due from Storm Sewer Utility Fund NOTE 12 - FUND CHANGES There were no fund changes in 1994. S 5,000 $ 1,000 S 34,400 $ 1,325,000 $ 566,500 S 11,100 $ 235,199 $ 695,000 $ 2,873,199 1 City of Hopkins, Minnesota NOTES TO FINANCIAL STATEMENTS - CONTINUED December 31, 1994 NOTE 13 - REHABILITATION LOANS RECEIVABLE NOTE 14 - METROPOLITAN WASTE CONTROL COMMISSION NOTE 15 - CLAIMS AND LITIGATION • The City makes rehabilitation loans to residential and commercial entities within the City. Residential loans are made for 20 year periods at 3% interest. A mortgage against the property improved is required and City staff is responsible to follow -up any delinquent accounts. Loan repayments are made to Remvest Escrow Corp., a loan service bureau, which charges a fee of $5.95 per month per loan. Principal and interest are forwarded to the City monthly with loan collection and loan status reports. Rehabilitation loan activity is a function of the Economic Development, the Hennepin County CDBG and the Housing Rehab Funds. Loans become due in full upon sale of property. Rehabilitation loans receivable amounted to $893,648 at December 31, 1994. A. Interceptor Acquisition Contract As of January I, 1971, the Metropolitan Waste Control Conunibsion (MWCC) assumed Y ownership of all existing interceptors and treatment works. Under the Terms of the agreement with the MWCC, the City is to be reimbursed for the value at the time of transfer of such (it facilities. The current value receivable represents the value cf the facilities acquired by the MWCC, and was determined to be $493,732 at the date of takeover by the MWCC. This amount is being amortized through credits received against annual sewer service billings from the MWCC over a thirty -year period with interest at 4 %. Prior to 1994 the City received credits against MWCC billings totaling $631,442 of which $328,933 was treated as a reduction of principal. During 1994 the City received a credit of $27,454, of which $20,862 was a reduction of principal. As of December 31, 1994, a balance of $143,937 remained to be collected over the next six years. B. Reserve Capacity The City was required to advance funds to the MWCC for deferments of reserve capacity costs granted to other communities. The balance of this receivable from the MWCC at December 31, 1994, was $1,019 and is collectible over the next year. During 1994, the City received $1,522 related to this receivable, of which $46 represented a reduction of principal. The City had the usual and customary types of miscellaneous claims pending at year -end, which are of a minor nature and usually all covered by insurance carried for that purpose. The City carries a 5600,000 Public Official Liability Insurance policy with public entity and employee endorsement. ASSETS AND OTHER DEBITS Assets: Cash (Note 2) Investments, at cost (Note 2) Receivables: Taxes-current/delinquent Accounts and other Rehabilitation loans (Note 13) Special assessments Accrued interest on investments Due from other funds (Note 11) Due from other governmental units Inventory, at cost Prepaid expenses Deferred receivables (Note 14) Fixed assets (Note 3) Other assets Amount available in Debt Sm:ce Ft::tds Amount to be provided for retirement of general long -team debt TOTAL ASSETS AND OTHER DEBITS COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS LIABILITIES. EOUTTY AND OTHER CREDITS Liabilities: Accounts payable Compensated absences payable Due to other funds (Note 11) Due to other governmental units Deferred revenue: Property taxes - delinquent Special assessments Fees Deposits Bonds payable (Note 4) Deferred credit (Note 14) Deferred compensation funds held for participants (Note 5) Total Liabilities CITY OF HOPKINS, MINNESOTA December 31, 1993 With Comparative Totals for December 31, 1992 General TOTAL LIABILITIES, EQUITY AND OTHER CREDITS $ 3.993.562 The Accompanying Notes Are An Integral Part Of This Statement Governmental Fund Types Special Revenue S 525,544 S 283,405 S 2,737,330 7,065,800 203,116 23,500 138,555 239,055 1,061,897 61,500 30,800 1,701,932 209,490 119,654 87,227 $ 62,078 $ 18,505 5 427,087 6,495 622,900 203,116 23,500 75,234 6,301 23,765 Debt Service 365,870 $ 468 $ 182,818 $ 937,000 8,000 1,673,000 25,955 25,955 387,143 2,881,095 497,500 159,821 Capital Protects Enterprise Agency $ 372,241 S 1,579,832 2,881,095 Proprietary Fiduciary Fund Type Fund Type 509,605 601,000 83,443 11,877 5,891 167,295 8,758,668 250,000 1,197,569 11,504,473 $ 3.993 562 10.495.243 5 1.328,825 $ 3,934,027 $. 12.243 597 $ 1.197.569 $ 25.705,053 $ 12.807,343 63,270 $ 46,539 628,500 2,815,000 164,799 1,197,569 5 $ 472,684 - 25,705,053 Account Groups General General Fixed Long -Term Assets Debt 25,705,053 1,302,870 12,807,343 791,280 677,701 25,955 4,833,168 3,718,108 1,197,569 12,807,343 Equity and Other Credits: Contributed capital (Note 8) Investment in general fixed assets Retained earnings: Reserved for debt service (Note 6) 666,404 Unreserved 7,386,401 Fund balances (deficit): Reserved (Note 6) 87,227 1,232,597 1,302,870 Unreserved/undesignated 3,115,055 8,584,945 (899,141) Total Equity and (Other Credits 3,202,282 9,817,542 1,302,870 (899,141) 8,525,489 25,705,053 Totals (Memorandum Only) 1993 1992 S 1,358,105 $ 402,154 12,421,130 13,221,540 252,571 1,274,358 1,061,897 2,881,095 61,500 2,831,232 572,408 99,104 5,891 167,295 34,463,721 1,447,569 1,302,870 11,504,473 11,434,748 $ 71 705 219 $ 70.932.463 $ 516,094 S 480,121 2,831,232 252,571 2,881,095 81,535 23,765 15,622,343 164,799 1,197,569 24,051,124 472,684 25,705,053 29,207,895 666,404 2,622,694 10,800,859 47,654,095 444,164 1,102,573 1,179,977 2,385,751 58,555 715,765 469,656 105,542 2,775 188,440 37,036,460 1,005,668 1,178,695 476,181 439,662 715,765 25,362 444,164 2,385,751 79,371 11,978 15,258,443 184,859 1,005,668 21.027,204 • 472,684 446,422 7,386,401 6,719,436 2,689,431 10,369,391 49,905,259 $ 10,495.243 $ 1.328.825 $ 3.934,027 $ 12.243.597 $ 1.197.569 $ 25.705.053 $ 12 807 343 $ 71.705.219 5 70.932.463 REVENUES: General property taxes Special assessments Licenses and permits Intergovernmental Fines and forfeitures Use of money and property Charges for services Other Total Revenues CITY OF HOPKINS, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES Year Ended December 31, 1993 With Comparative Totals for Year Ended December 31, 1992 EXPENDITURES Current: General govemment Public safety Community development Public works Recreation Other Capital outlay Debt service: Principal retirement Interest and fiscal charges Issuance costs Total Expenditures OTHER FINANCING SOURCES (USES): Proceeds of bond issued Operating transfers in Operating transfers out Total Other Financing Sources (Uses) EXCESS (DEFICIENCY) OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE (DEFICIT) AT END OF YEAR The Accompanying Notes Are An Integral Part Of This Statement Governmental Special General Revenue $ 3,169,174 $ 1,691,098 $ 226,233 1,755,695 100,505 459,508 113,896 414,217 6,239,228 1,093,465 2,324,571 583,646 1,535,957 131,868 42,837 5,712,344 1,500,000 (857,136) 642,864 1,169,748 2,032,534 $ 3,202,282 $ 218,160 28,471 312,214 46,445 405,348 2,701,736 422,508 157,715 1,118,410 1,698,633 2,385 (872,618) (870,233) 132,870 9,684,672 9,817,542 Fund Types Debt Service 353,859 $ 85,820 439,679 526,100 708,375 1,234,475 Capital Projects 27,753 - 972,618 958,872 (81,400) (1,622,721) 918,971 (663,849) 124,175 (1,062,062) 1,178,695 162,921 $ 1,302,870 $ (899,141) $ $ 5,214,131 492,889 492,889 226,233 420,633 2,480,308 128,976 165,408 937,130 160,341 5,006 824,571 1,083,936 10,464,579 Totals (Memorandum Only) 1993 1992 • $ 5,038,456 345,435 225,968 2,756,170 153,790 864,795 136,879 567,640 10,089,133 1,800 1,517,773 1,439,320 2,324,571 2,220,963 741,361 629,322 1,535,957 1,454,205 131,868 98,699 42,837 25,961 1,480,349 2,598,759 3,954,051 526,100 1,301,100 708,375 772,393 22,982 1,482,149 10,127,601 11,918,996 27,753 1,980,993 3,433,875 795,089 (3,433,875) (795,089) 27,753 1,980,993 364,731 151,130 13,058,822 12,907,692 13,423,553 $ 13,058,822 CITY OF HOPKINS, MINNESOTA COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES REVENUES: General property taxes Special assessments Licenses and permits Intergovernmental Fines and forfeitures Use of money and property Charges for services Other Total Revenues Year Ended December 31, 1992 With Comparative Totals for Year Ended December 31, 1991 EXPENDITURES Current: General government Public safety Community development Public works Recreation Other Capital outlay Debt service: Principal retirement Interest and fiscal charges Issuance costs Total Expenditures OTHER FINANCING SOURCES (USES): Proceeds of bond issued Operating transfers in Operating transfers out Total Other Financing Sources (Uses) EXCESS (DEFICIENCY) OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR The Accompanying Notes Are An Integral Part Of This Statement General $ 2,960,192 225,968 1,704,651 104,779 449,281 89,071 289,814 5,823,756 1,003,601 2,220,963 560,248 1,454,205 98,699 25,961 (8,289) (8,289) 451,790 1,580,744 $ 2,032,534 $ Governmental Special Revenue $ 1,752,525 195,051 49,011 277,667 47,808 125,121 2,447,183 433,919 69,074 669,065 780,000 39,660 5,363,677 1,991,718 8,289 (705,400) (697,111) (241,646) 9,926,318 9,684,672 Fund Types Debt • Service $ 325,739 $ 73,734 399,473 521,100 732,733 22,982 1,276,815 194,993 786,800 981,793 104,451 1,074,244 $ 1,178,695 $ Capital Proiects Totals (Memorandum Only) 1992 1991 $ 5,038,456 $ 4,951,096 345,435 345,435 407,011 225,968 184,387 782,734 2,756,170 3,425,648 153,790 137,360 137,847 864,795 1,104,772 136,879 129,801 152,705 567,640 591,385 1,418,721 10,089,133 10,931,460 1,800 1,439,320 1,369, 833 2,220,963 2,241,856 629,322 750,196 1,454,205 1,533,977 98,699 143,846 25,961 388,169 3,284,986 3,954,051 6,451,665 1,301,100 695,000 772,393 821,220 22,982 3,281 3,286,786 11,918,996 14,399,043 1,786,000 1,980,993 811,000 795,089 1,297,803 (81,400) (795,089) (1,093,441) 1,704,600 1,980,993 1,015,362 (163,465) 151,130 (2,452,221) 326,386 12,907,692 15,359,913 162,921 $ 13,058,822 $ 12,907,692 • • We have acted as bond counsel in connection with the issuance by the City of Hopkins, Hennepin County, Minnesota, of its Taxable General Obligation Housing Improvement Area Bonds, Series 1995, originally dated as of September 1, 1995, in the total principal amount of $815,000. For the purpose of rendering this opinion we have examined certified copies of certain proceedings taken by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds, and certain other proceedings and documents furnished by the City. From our examination of such proceedings and other documents, assuming the genuineness of the signatures thereon and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our opinion as of the date hereof that 1. The Bonds are in due form, have been duly executed and delivered, and are valid and binding general obligations of the City, enforceable in accordance with their terms, except as such enforcement may be limited by Minnesota or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. 2. The principal of and interest on the Bonds are payable primarily from housing improvement fees levied or to be levied on property within a housing improvement area in the City, but if necessary for the payment thereof ad valorem taxes are required by law to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount . 3. We express no opinion as to the status of the interest on the Bonds for federal or state income tax purposes. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. 3.7292653 HP110 -40 Dated at Minneapolis, Minnesota, CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 FORM OF LEGAL OPINION $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 City of Hopkins Hennepin County, Minnesota B -1 KENNEDY & GRAVEN Telephone (612) 337 -9300 Facsimile (612) 337 -9310 APPENDIX B BOOK -ENTRY -ONLY SYSTEM C -1 APPENDIX C 1. The Depository Trust Company ( "DTC "), New York, NY, will act as securities depository for the securities (the "Securities "). The Securities will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully- registered Security certificate will be issued for [each issue of] the Securities, [each] in the aggregate principal amount of such issue, and will be deposited with DTC. [If, however, the aggregate principal amount of [any] issue exceeds $200 million, one certificate will be issued with respect to each $200 million of principal amount and an additional certificate will be issued with respect to any remaining principal amount of such issue.] 2. 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 securities that its participants ( "Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in 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 owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., 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, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. 3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC's records. The ownership interest of each actual purchase of each Security ( "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 Securities are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book -entry system for the Securities is discontinued. 4, To facilitate subsequent transfers, all Securities deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Securities with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities: DTC's records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. 5. 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. • 6. Redemption notices shall be sent to Cede & Co. If less than all of the Securities within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 7. Neither DTC nor Cede & Co. will consent or vote with respect to Securities. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer 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 Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). • • 8. Principal and interest payments on the Securities will be made to DTC. DTC's practice is to credit Direct Participants' accounts on payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payable date. 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, the Agent, 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 DTC is the responsibility of the Issuer or the Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. 9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to the [Tender/Remarketing] Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant's interest in the Securities, on DTC's records, to the [Tender/Remarketing] Agent. The requirement for physical delivery of Securities in connection with a demand for purchase or a mandatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participation on DTC's records. 10. DTC may discontinue providing its services as securities depository with respect to the Securities at any time by giving reasonable notice to the Issuer or the Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Security certificates are required to be printed and delivered. 11. The Issuer may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered. 12. 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. C -2 • • PROPOSAL FORM The City Council August 15, 1995 City of Hopkins, Minnesota RE: $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 DATED: September 1, 1995 For all or none of the above Bonds, in accordance with the Terms of Proposal and terms of the Global Book Entry System as stated in this Official Statement, we will pay you $ (not less than $802,545) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: We enclose our good faith deposit in the amount of $16,300, to be held by you pending delivery and payment. Alternatively, we have provided a financial surety bond or have wired our good faith deposit to the Ehlers and Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our proposal is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers and Associates, Inc., as escrow holder of the good faith deposit, pursuant to this Official Statement dated August 2, 1995. This proposal is for prompt acceptance and is conditional upon deposit of said Bonds to The Depository Trust Company, New York, New York in accordance with the Terms of Proposal. We have received and reviewed the Official Statement and have submitted our requests for additional information or corrections to the Official Statement. As Syndicate Manager, we agree to provide the Issuer with the reoffering price of the Bonds within 24 hours of the proposal acceptance. Account Manager: By: Account Members: % due 1998 % due 2003 % due 200$ % due 1999 % due 2004 % due 2009 % due 2000 % due 2005 % due 2010 % due 2001 % due 2006 % due 2011 % due 2002 % due 2007 % due 2012 The foregoing offer is hereby accepted by and on behalf of the City Council of the City of Hopkins, Minnesota this day of , 1995. Attest: By: Title: Title: According to our computations (the correct computation being controlling in the award), the total dollar interest cost (including any discount or less any premium) of the above proposal is $ and the true interest cost (TIC) is %. • • • The City Council August 15, 1995 City of Hopkins, Minnesota RE: $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 DATED: September 1, I995 For all or none of the above Bonds, in accordance with the Terms of Proposal and terms of the Global Book Entry System as stated in this Official Statement, we will pay you $ (not less than $802,545) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: We enclose our good faith deposit in the amount of $16,300, to be held by you pending delivery and payment. Alternatively, we have provided a financial surety bond or have wired our good faith deposit to the Ehlers and Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our proposal is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers and Associates, Inc., as escrow holder of the good faith deposit, pursuant to this Official Statement dated August 2, 1995. This proposal is for prompt acceptance and is conditional upon deposit of said Bonds to The Depository Trust Company, New York, New York in accordance with the Terms of Proposal. We have received and reviewed the Official Statement and have submitted our requests for additional information or corrections to the Official Statement. As Syndicate Manager, we agree to provide the Issuer with the reoffering price of the Bonds within 24 hours of the proposal acceptance. Account Manager: By: Account Members: PROPOSAL FORM % due 1998 % due 2003 % due 2008 % due 1999 % due 2004 % due 2009 % due 2000 % due 2005 % due 2010 % due 2001 % due 2006 % due 2011 % due 2002 % due 2007 % due 2012 The foregoing offer is hereby accepted by and on behalf of the City Council of the City of Hopkins, Minnesota this day of , 1995. Attest: By: Title: Title: According to our computations (the correct computation being controlling in the award), the total dollar interest cost (including any discount or less any premium) of the above proposal is $ and the true interest cost (TIC) is %. • • Account Members: PROPOSAL FORM The City Council August 15, 1995 City of Hopkins, Minnesota RE: $815,000 Taxable General Obligation Housing Improvement Area Bonds, Series 1995 DATED: September 1, 1995 For all or none of the above Bonds, in accordance with the Terms of Proposal and terms of the Global Book Entry System as stated in this Official Statement, we will pay you $ (not less than $802,545) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: % due 1998 % due 2003 % due 2008 % due 1999 % due 2004 % due 2009 % due 2000 % due 2005 % due 2010 % due 2001 % due 2006 % due 2011 % due 2002 % due 2007 % due 2012 We enclose our good faith deposit in the amount of $16,300, to be held by you pending delivery and payment. Alternatively, we have provided a financial surety bond or have wired our good faith deposit to the Ehlers and Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our proposal is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers and Associates, Inc., as escrow holder of the good faith deposit, pursuant to this Official Statement dated August 2, 1995. This proposal is for prompt acceptance and is conditional upon deposit of said Bonds to The Depository Trust Company, New York, New York in accordance with the Terms of Proposal. We have received and reviewed the Official Statement and have submitted our requests for additional information or corrections to the Official Statement. As Syndicate Manager, we agree to provide the Issuer with the reoffering price of the Bonds within 24 hours of the proposal acceptance. Account Manager: By: The foregoing offer is hereby accepted by and on behalf of the City Council of the City of Hopkins, Minnesota this day of , 1995. Attest: By: Title: Title: According to our computations (the correct computation being controlling in the award), the total dollar interest cost (including any discount or less any premium) of the above proposal is $ and the true interest cost (TIC) is %.