HomeMy WebLinkAbout06-09-09 FPAC packetChair
Scott Bronson
1245 W. Highway 96
Committee Members
ARQ N HILLS
Arden Hills, MN 55112
Maurice Gieske
_'��
651.792.7800
(Vacant Seat)
Arden Hills
www.ci.arden-hills.mn.us
Jeff Johnson
James Ostlund
Seat)
Financial Planning and
(Vacant
Council Liaison
Analysis Committee
Stan Harpstead
June 9, 2009
City Vision
A strong community that values our unique environment, our fiscal soundness,
and our tradition as a desirable city in which to live, work, and play.
Agenda
Regular Committee Meeting Convenes 6:00 PM
Call to Order
1. APPROVAL OF THE AGENDA
2. MINUTES
A. April 15, 2009 - Regular Meeting
3. UNFINISHED AND NEW BUSINESS
A. Finalize Investment Policy
B. Arbitrage and Post Issuance Compliance Policy and Procedures
C. Future Meetings
July 21, 2009 — Joint Committee Meeting with all City Commissions/Committees — Cummings Park
August 11, 2009 — Capital Improvement Plan and funding stategies
4. REPORTS
A. Report from the City Council
B. Financial Planning and Analysis Committee Comments and Requests
5. ADJOURNMENT
A quorum of the City Council may be present at this meeting.
MINUTES
- DIpEN_ HILLS
is FINANCIAL PLANNING & ANALYSIS COMMITTEE
Wednesday, April 15, 2009
6:00 P-M.
Second Level Conference Room, Arden Hills City Hall
CALL MEETING TO ORDER AND ROLL CALL
The meeting was called to order by Jim Ostlund at 6:00 pm.
MEMBERS PRESENT: Maurice Gieske; Jeff Johnson; Jim Ostlund
MEMBERS NOT PRESENT: Scott Bronson; Stan Harpstead, Council Liaison
OTHERS PRESENT: Arlene Mitchell, Communication Committee Member; Joe Rueb,
City of Arden Hills Accounting Analyst; Mark Kellihe
Call to Order
1. APPROVAL OF THE AGENDA
Motioned: Jeff Johnson
Seconded: Maurice Gieske
2. APPROVAL OF FEBRUARY 1 WTES
Add Mark Kelliher to those presen ov d as amended.
• Motioned: Jeff Johnson
Seconded: Maurice Giesk, ,
3. UNFINISHED AND �QB ` NESS
A. Investment pole
The group revie . w
Cornwell's, from Wells Fargo Brokerage Services,
LLC, suggestions anested making the changes discussed. Upon
completion, send out for final approval via email.
B. Arbitrage and Post Issuance Compliance Policies
The group would like to see additional sample policies and procedures. The
City can require the use of a trustee. The City should write into the contract
that the City can review the proposed plans to evaluate the City's risks.
Contracts can be reviewed by the City's attorney to ensure the City is
protected-
4. REPORTS
A. Report from the City Council
No report provided.
City of Arden Hills
is 1245 West Highway 96 • Arden Hills Minnesota 55112
Phone 651.792.7800 • Fax 651.634.5137
www _ci. arden-hills.mn.us
Chair Initial
F. Director Initial
MINUTES
•
-!Tt
fil I�N HILLS
B. Financial Planning and Analysis Committee Comments and Requests
The group would like to look at the City's capital plan to discuss whether or
not the City should borrow for future projects. They would like a
brainstorming session on street issues and financing.
Iverson requested that the May meeting be cancelled. Ostlund will discuss the
cancellation with Iverson.
NEXT MEETING — Wednesday, May 13, 2009
5. ADJOURNMENT
Motioned: Jeff Johnson
Seconded: Maurice Gieske
Jim Ostlund
City of Arden Hills
1245 West Highway 96 • Arden Hills Minnesota 55112
Phone 651.792.7800 • Fax 651.634.5137
www.ci.arden-hills. mn.us
Chair Initial
F. Director Initial
MEMORANDUM
DATE: June 5, 2009
TO: Financial Planning and Analysis Committee
FROM: Sue Iverson, Finance Director
SUBJECT: Investment Policy
The committee has had representatives from Wells Fargo and the 4M Fund to give feedback and answer
• questions on our investments and policy. At the April 15, 2009 meeting, the committee discussed
changes to enhance our investment policy. I have also reviewed and recommended some changes.
Attached is a draft of the policy for review at the meeting.
\\Ahdocsl\ah\AHdata\Admin\Committees & CommissionsTPA006-05-09 Investment Policy.doc
0
-AI�EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
FINANCIAL POLICIES -
INVESTMENT POLICY
1. Purpose
It is the policy of the City to invest public funds in a manner which maximizes security
and provides maximum return in preserving and protecting funds while meeting the daily cash
flow demands and conforming to all applicable federal, state and/or local statutes government the
investment of public funds.
2. Standards of Care
A. Prudence — The standard of prudence to be used shall be the "prudent person"
standard and shall be applied in the context of managing an overall portfolio.
Individuals acting in accordance with written procedures and this investment
policy and exercising due diligence shall be relieved of personal responsibility for
an individual security's credit risk or market price changes, provided deviations
from expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried our in accordance with the terms of this policy.
The "prudent person" standard states that, "Investments shall be made with
judgment and care, under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the management of their own
affairs, not for speculation, but for investment, considering the probable safety of
their capital as well as the probable income to be derived."
B. Ethics and Conflicts of Interest — Employees involved in the investment process
shall refrain from personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair their
ability to make impartial decisions. Employees shall disclose any material
interests in financial institutions with which they conduct business. They shall
further disclose any person financial/investment positions that could be related to
the performance of the investment portfolio. Employees shall refrain from
undertaking personal investment transactions with the same individual with whom
business is conducted on behalf of the City.
C. Delegation of Authority — Authority to manage the investment portfolio is granted
to the City s Finance Director/Treasurer, who shall act in accordance with
established procedures and internal controls for the operation of the investment
portfolio consistent with this investment policy. No person may engage in an
investment transaction except as provided under the terms of this policy. The
Finance Director shall be responsible for all transactions undertaken and shall
establish a system of control. Each transaction will be acknowledged in writing
by one of the following officials within 48 hours:
1) City Administrator
2) Mayor or Acting Mayor
3. Investment Objectives
The City will invest idle funds based on the following objectives:
A. Safety — The primary objective is the preservation of capital and the
safeguarding of public funds by mitigating credit and interest rate risk.
a. Credit Risk — The City will minimize credit risk, which is the risk
of loss due to the failure of the security issuer or backer.
b. Interest Rate Risk — The City will minimize interest rate risk,
which is the risk that the market value of securities in the portfolio
will fall due to changes in the market interest rates.
OTerm — Investments will be scheduled to cover all expenditures.
• Investments will not be longer than one year for cash flow and all excess
funds may be invested for longer than one year, with a maximum term of
five to ten years.
C. Liquidity — The portfolio shall remain liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature concurrent with cash
needs to meet anticipated demands. Furthermore, since all possible cash
demands cannot be anticipated, the portfolio should consist of securities
with active secondary or resale markets. Alternatively, a portion of the
portfolio may be placed in money market mutual funds or government
investment pools which offer same -day liquidity for short-term funds.
D. Yield — The investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the investment risk constraints and liquidity
needs. The benchmark to be used will be the 4M Plus Fund annual rate of
return. Return on investment is of secondary importance compared to the
safety and liquidity objectives. The core of investments are limited to
relatively low risk securities in anticipation of earning a fair return relative
to the risk being assumed. Securities shall generally be held until
maturity.
2
4. Pooling of Funds
The City will consolidate (pool) cash and reserves balances from all funds, except for
those legally restricted by statutes, to maximize investment earnings and to increase efficiencies
with regard to investment pricing, safekeeping and administration.
5. Authorized Investments
The City of Arden Hills will invest only in securities authorized by Minnesota Statute §118A.04
and § 118A.05.
1. Governmental bonds, notes, bills, mortgages and other securities, which are direct
obligations or are guaranteed or insured issues of the United States, its agencies,
its instrumentalities, or organizations created by an act of Congress, excluding
mortgage -backed securities defined as "high risk" (as defined below) or in
certificates of deposit secured by letters of credit issued by Federal Home Loan
Banks.
High risk mortgage -backed securities are as follows:
A) interest — only or principal — only mortgage -backed securities,
B) any mortgage derivative security that:
a) has an expected average life greater than ten years,
b) has an expected average life that:
i) will extend by more than four years as the result of
an immediate and sustained parallel shift in the
yield curve of plus 300 basis points: or
ii) will shorten by more than six years as the result of
an immediate and sustained parallel shift in the
yield curve of minus 300 basis points: or
c) will have an estimated change in price of more than 17
percent as the result of an immediate and sustained parallel
shift in the yield curve of plus or minus 300 basis points.
2. Obligations of the United States or its agencies under a repurchase agreement if
the margin agreement under the repurchase agreement is 101 percent and with any
of the following institutions:
A) a bank qualified as depository of public funds,
B) any national or state bank in the United States which is a member of the
Federal Reserve System and whose combined capital and surplus equals or
exceeds $10,000,000,
C) a primary reporting dealer in the United States government securities to
the Federal Reserve Bank of New York,
D) a securities broker/dealer having its principal executive office in
Minnesota, licensed pursuant to Minnesota Statues Chapter 80A, or an
affiliate of it, regulated by the Securities and Exchange Commission and
maintaining a combined capital and surplus of $40,000,000 or more,
exclusive of subordinated debt.
3. State and Iocal government obligation as follows:
A) an obligation of the State of Minnesota or any of its municipalities:
a) that have taxing power, and
b) are rated "A" or better by a national bond rating service.
B) obligation of other state and local governments:
a) that have taxing power, and
b) are rated "A" or better by a national bond rating service.
C) general obligations of the Minnesota Housing Finance Agency that are
rated "A" or better by a national bond rating service.
D) general obligations of housing finance agencies of other states, provided:
a) they include a moral obligation of the state, and
b) they are rated "A" or better by a national bond rating service,
c�
E) general revenue obligation of any agency or authority of the State of
Minnesota other than those found in C or D above (Housing Finance
Agency) that are rated "AA" or better by a national bond rating service.
4. Certificates of deposit at state and federally chartered banks and savings and loan
associations. All investments made under this subsection shall be limited to the
amount of Federal Deposit Insurance Corporation or the manner set forth in
Minnesota statute § 118A.05. The certificate of deposit should be in the form of a
discounted security maturing in the amount not to exceed the insurance coverage
or in the amount so that at any time the face amount together with any accrued
• interest does not exceed the insurance coverage.
5. Banker's Acceptances of United States Corporation or their Canadian subsidiaries
that are rated "A 1 " by Moody's Investors Service and/or P I by Standard and
Poor's Corporation and matures in 270 days or less. Banker's Acceptances can
only be purchased if the yield is greater than the United States Treasury
obligations or Federal Agency issues.
6. Commercial Paper issued by United States corporations or their Canadian
subsidiaries that are rated "A I " by Moody's Investors Service and/or "P I" by
Standard and Poor's Corporation and matures in 270 days or less.
7. Money Market Funds consisting of United States Treasury Obligations and/or
Federal Agency Issues and/or re -purchase agreements as long as it is rated AAA
by two rating agencies (FDIC, SIPC, FSLC, or NRSRO).
8. The City will not purchase securities that are considered highly sensitive. A
highly sensitive investment is a debt instrument with contract terms that make the
investment's fair value highly sensitive to interest rate changes. Examples
include range notes and index amortizing notes, variable -rate investments with
coupon multipliers, and coupons that vary inversely with a benchmark index.
9. The City will not purchase securities that could expose the City to foreign
currency risk.
0
10. The City will not purchase derivatives.
0 6. Safekeeping and Custody
Investments may be held in safekeeping with:
l . Any Federal Reserve Bank,
2. Any bank authorized under the laws of the United States or any state to exercise
corporate trust powers, including but not limited to the bank from which the
investment is purchased,
3. A primary reporting dealer in the United States government securities to the
`-� Federal Reserve Bank of New York, or
4. A securities broker -dealer having its principal executive office in Minnesota,
Licensed pursuant to Minnesota Statutes Chapter 80A, or an affiliate of it,
regulated by the securities and exchange commission and maintaining a combined
capital and surplus of $40,000,000 or more, exclusive of subordinated debt.
The City's ownership of all securities in which the fund is invested should be evidenced
by written acknowledgments identifying the securities by:
A. The names of issuers,
. B. The maturity dates,
C. The interest rates,
D. Any sepal numbers or cusips.
•
The City shalt not invest in securities that are both uninsured and not registered in the
name of the City and are held by either:
A. The counterparty or
B. The counterparty's trust department or agent, but not in the name of the
City.
The Finance Director shall establish a system of internal controls, which shall be
reviewed with the independent auditor of the City. The controls shall be designed to prevent the
loss of public funds arising from fraud, employee error, and misrepresentation by third parties,
unanticipated changes in financial markets, or imprudent actions by employees and officers of
the City.
7. Concentration of Credit Risk
No more than 5% of the overall portfolio may be invested in the securities of a single
issuer, except for the securities of the U.S. Government, or a maximum of 25% with any
individual counter party in an external investment pool.
5
•
8. Investment Depositories and Authorized Dealers
Annually, the City Council will designate by resolution depositories, broker dealers and
financial institutions authorized to provide banking and investment services to the City. Prior to
completing an initial transaction each year with a broker/dealer, the City shall provide to the
broker/dealer a copy of the City's Investment Policy and a copy of the Notification to Broker and
Certification by Broker as required by Minnesota Statutes Chapter 80A. The broker/dealer must
sign and return the Notification to Broker and Certification by Broker and agree to handle the
City's account in accordance with the City's Investment Policy and provide a copy of their
broker's insurance coverage for their firm.
9. Investment Earnings
Interest earnings will be credited to the source of the invested funds at the end of each
month based on the average daily cash balances during the month. Market value adjustments
and interest accruals will be allocated at the end of the fiscal year based on the average cash
balances during the fiscal year.
10. Reporting and Review
A listing of the City's investment portfolio shall be included in the financial report to the
City Council at the end of each fiscal quarter. The list should include date of purchase and
maturity, type of investment, firm invested at, yield, interest rate, and comparison to the
benchmark set forth in this policy.
11. Exemption
Any investment currently held that does not meet the guidelines of this policy shall be
exempted from the requirement of this policy. Upon maturity, if funds are re -invested the new
securities must conform to this policy.
12. Review and Approval
The investment policy shall be formally approved and adopted by resolution the City
Council and any future changes to the policy must be approved by the City Council.
Approval by the City Council the Day of , 2009.
Stanley D. Harpstead, Mayor
Ronald J. Moorse, City Administrator
G
Date
Date
-7i DI�EN HILLS
MEMORANDUM
DATE: June 5, 2009
TO: Financial Planning and Analysis Committee
FROM: Sue Iverson, Finance Director
SUBJECT: Policy Discussions — Investment and Arbitrage/Post Issuance
Compliance
At the March 13, 2009 meeting, Gail Robertson from Ehlers & Associates, Inc. presented sample policies
to show how our policies should be developed. The City has never had a policy on Arbitrage or Post
Issuance Compliance in the past and one needs to be established in order to be compliant. Staff has
completed a draft policy for discussion which is attached.
In drafting this policy, staff looked for other cities policies, all policies that we found seemed to have been
done from the same boiler plate document. There are not many cities who have adopted this policy yet;
many are just starting to look at this as we are.
0
TEMPLATE
Last Updated: 6412009
-AVEN HILLS
Post -Issuance Debt Compliance Policy
The City Council of the City of Arden Hills has chosen, by policy, to take steps to help ensure that all tax-
exempt debt obligations will be in compliance with all applicable state and federal regulations regarding the
obligations. This policy may be amended, as necessary. in the future_
Background
Tax-exempt debt obligations (debt for which the interest paid to the debt holders is excludable from their
gross income for federal income taxes) result in a lower interest cost to state and local governments (the
issuer). The tax-exempt status remains throughout the life of the debt obligation provided all applicable
state and federal tax laws are satisfied at the time of issuance and throughout the term of the
obligation. The Internal Revenue Service (IRS) is responsible for enforcing compliance with the Internal
Revenue Code and most other regulations governing tax-exempt obligations. The IRS expects issuers and
beneficiaries of tax-exempt debt to adopt and implement a post -issuance debt compliance policy and
procedures to safeguard against post -issuance violations that may result in the loss of the tax-exempt status
of the debt.
Post -Issuance Debt Compliance Policy Objective
The City of Arden Hills desires to monitor all of its tax-exempt debt obligations to ensure that all tax-
exempt debt obligations remain in compliance with the IRS Code and all other regulations governing tax-
exempt obligations. To help ensure compliance, the City of Arden Hills has developed a "Policy'. The
following Policy shall apply to all tax-exempt debt obligations including bonds, notes, loans, lease purchase
contracts, lines of credit, commercial paper or any other form of tax-exempt debt.
Post Issuance Debt Compliance Policy
The Finance Director of the City of Arden Hills is designated as the City's agent who is responsible for
post -issuance compliance of all tax-exempt debt obligations.
The Finance Director shall assemble all relevant documentation, records and activities required to ensure
post -issuance debt compliance as further detailing the "Post -Issuance Debt Compliance Procedures". At a
minimum, the Post -Issuance Debt Compliance Procedures for each tax-exempt debt obligation will address
the following:
I . General Post -Issuance Compliance;
2. Proper and timely use of bond proceeds and bond -financed property;
3. Arbitrage yield restrictions and rebate;
4. Timely filings and other general requirements;
5. Additional undertaking or activities that support points 1 through 4 above;
6. Other requirements that become necessary in the future.
The Finance Director shall apply the Post -Issuance Debt Compliance Procedures to each tax-exempt debt
obligation and maintain a record of the results. Further, the Finance Director will ensure that the Post -
Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis.
The Finance Director, or any other individuals responsible for assisting the Finance Director in maintaining
records needed to ensure post -issuance compliance, are authorized to expend funds as needed to attend
training or secure use of other educational resources for ensuring compliance such as consulting,
publications, and compliance assistance.
TEMPLATE
Last Updated: 642009
The City of Arden Hills may in the future issue tax-exempt debt obligations for beneficiaries of tax-exempt
proceeds such as 501(c)3 non-profit organizations or Industrial Revenue Bonds. This Policy applies to all
OV, tax-exempt debt obligations.Lin order to ensure future compliance with this Policy, the City of Arden Hills
•slraH consider issuing tax-exempt debt obligations for beneficiaries only when the beneficiary has retained
a Trustee and an independent arbitrage consultant for the term of the tax-exempt debt obligation and this
Policy has been incorporated into the Trust Indenturo.The Trustee and the independent arbitrage consult
must be retained prior to issuance of the tax-exempt debt obligation.
Adopted this date by the City Council of the City of Arden Hills.
is
0
TEMPLATE
Last Updated: 6/4/2009
it 'It�11LLS
Post -Issuance Debt Compliance Procedures
The City Council of the City of Arden Hills has adopted the attached Post -Issuance Debt Compliance
Policy dated . The Post -Issuance Debt Compliance Policy applies to all tax-exempt debt
obligations issued by the City of Arden Hills. As directed by the adoption of the Policy, the Finance
Director will perform the following Post -Issuance Debt Compliance Procedures for the following tax-
exempt debt obligation:
(Title of tax-exempt debt obligation)_
1. General Post -Issuance Compliance
a. Ensure written procedures and/or guidelines have been put in place for individuals to follow
when more than one person is responsible for ensuring compliance with Post -Issuance
Procedures.
b. Ensure training and/or educational resources for post -issuance compliance have been
approved and obtained.
c. The Finance Director of the City of Arden Hills understands that there are options for
voluntarily correcting failures to comply with post -issuance compliance requirements (i.e.
Treasury Regulations 1.141-12 remedial actions, Tax -Exempt Bonds Voluntary Closing
Agreement Program and the ability to enter into a closing agreement under the Tax -Exempt
Bonds Voluntary Closing Agreement Program describer in Notice 2001-60).
2. General Recordkeeping
a. Retain records and documents for this tax-exempt debt obligation for a period of at least
three years following the final payment of the obligation of the final payment of any tax-
exempt refunding debt obligation unless otherwise directed by Bond Counsel.
b. Retain both paper and electron versions of records and documents for this tax-exempt debt
obligation.
c. General Records and Documentation to be Assembled and Retained
i_ Description of the purpose of the tax-exempt debt obligation (referred to as the
project) and the state statute authorizing the project.
ii. Record of tax-exempt status or revocation of tax-exempt status
iii. Any correspondence between the City of Arden Hills and the IRS.
iv. Audited financial statements.
v. Bond transcripts, official statements and other offering documents of tax-exempt
debt obligations.
vi. Minutes and resolutions authorizing the issuance of tax-exempt debt obligations.
vii. Certifications of the issue price of tax-exempt debt obligations.
viii. Any formal elections for tax-exempt debt obligations (i.e. election to employ an
accounting methodology other than the specific tracing method).
ix_ Appraisals, demand surveys, or feasibility studies for property financed by tax-
exempt debt obligations_
x. Documents related to governmental grants, associated with construction, renovations
or purchase of property financed with tax-exempt debt obligations.
xi. Reports of any prior IRS examinations of the City of Arden Hills or City's tax-
exempt debt obligations.
TEMPLATE
Last Updated: 6/4/2009
0 3. Arbitrage Yield Restrictions and Rebate Recordkeeping
a. Investment and Arbitrage Documentation to be Assembled and Retained
i_ An accounting of all deposits, expenditures, interest income and asset balances
associated with each fund established in connection with each tax-exempt debt
obligations. This includes an accounting of all monies deposited to the Debt Service
Account to make debt service payments on the tax-exempt debt obligations,
regardless of the source derived. Accounting for expenditure and assets is described
in further detail in Section 3b.
ii. Statements prepared by Trustee or Investment Provider.
iii. Documentation of at least quarterly allocations of investments and investment
earnings to each tax-exempt debt obligation (i.e. uncommingling analysis).
iv. Documentation for investments made with tax-exempt proceeds such as:
1. Investment contracts (i.e. guaranteed investment contracts).
2. Credit enhancement transactions (i.e. bong issuance contracts).
3. Financial derivatives (swaps, caps, etc).
4. Bidding of financial products.
a. Investments acquired with tax-exempt proceeds are purchased at fair market
value (i.e. three bids for open market securities needed in advance refunding
escrows).
b. Computations of the arbitrage yield.
c. Computations of yield restriction and rebate amounts including but not limited to:
i. Compliance in meeting the "Temporary Period from Yield Restriction Exception"
and limiting the investment of funds after the temporary period expires.
ii. Compliance in meeting the "Rebate Exception".
I .Qualifying for the "Small Issuer Exception".
2-Qualifying for a "Spending Exception".
• 6 Month Spending Exception
• 18 Month Spending Exception
• 24 Month Spending Exception
3.Qualifying for the "Bona Fide Debt Service Fund Exception".
4.Quantifying arbitrage on all funds established in connection with the tax-exempt
debt obligations in lieu of satisfying arbitrage exceptions (including Reserve Funds
and Debt Service Funds).
d_ Computations of yield restriction and rebate payments.
e. Timely Tax Form 8038-T filing, if applicable.
i. Remit any arbitrage liability associated with this tax-exempt debt obligation to the
IRS at each five year anniversary date of the obligation, and the date in which the
obligation is not longer outstanding (redemption or maturity date), whichever comes
sooner, within 60 days of said date.
f. Timely Tax Form 8038-R filing, if applicable.
g. Procedures or guidelines for monitoring instances where compliance with applicable yield
restriction requirements depends on subsequent reinvestment of tax-exempt proceeds in
lower yielding investments (i.e_ reinvestment in zero coupon SLGS).
4. Expenditure and Asset Documentation to be Assembled and Retained
a. Documentation of allocations of tax-exempt proceeds to expenditures (i.e. allocation of
proceeds to expenditures for the construction, renovation or purchase of facilities owned
and used in the performance of exempt purposes).
b. Documentation of allocations of tax-exempt proceeds to issuance costs_
c. Copies of requisitions, draw schedules, draw requests, invoices, bills and cancelled checks
. related to tax-exempt proceed expenditures during the construction period.
TEMPLATE
Last Updated 6/4/2009
d. Copies of all contracts entered into for the construction, renovation or purchase of facilities
financed with tax-exempt proceeds.
e. Records of expenditures reimbursements incurred prior to issuing bonds for facilities
financed with tax-exempt proceeds (Declaration of Official Intent/Reimbursement
Resolutions including all modifications)_
f. List of all facilities and equipment financed with tax-exempt proceeds.
g. Depreciation schedules for depreciable property financed with tax-exempt proceeds.
h. Documentation that tracks the purchase and sale of assets financed with tax-exempt
proceeds.
i_ Documentation of timely payment of principal and interest payments on the tax-exempt
debt obligation.
j. Tracking of all issue proceeds and the transfer of proceeds into the debt service fund as
appropriate.
k. Documentation that excess earnings from a Reserve Fund is transferred to the Debt Service
Fund on an annual basis. Excess earnings are balances in a Reserve Fund that exceed the
Reserve Fund requirement.
5. Miscellaneous Documentation to be Assembled and Retained
a. Procedures to ensure that the project, while the tax-exempt debt obligation is outstanding,
will avoid IRS private business concerns.
b. Changes in the project that impact the terms or commitments of the tax-exempt debt
obligation are properly documented and necessary certificates or opinions are on file.
6. Additional Undertaking and Activities that Support Sections 1 through 4 above
a. The Finance Director will notify the City of Arden Hills Bond Counsel, Financial Advisor
and Arbitrage Provider of any survey or inquiry by the IRS immediately upon receipt
(Usually responses require the review of the above mentioned data and must be in writing.
• As much time as possible is helpful in preparing the response).
b. The Finance Director will consult with the City of Arden Hills Bond Counsel, Financial
Advisor and Arbitrage Provider before engaging in post -issuance credit enhancement
transactions (i.e. bond insurance, letter of credit, or hedging transactions (i.e. interest rate
swap, cap).
c. The Finance Director will monitor all "qualified tax-exempt debt obligations" within the
first calendar year to determine if the limit is exceeded, and if exceeded, will address
accordingly. The limit is currently $10,000,000.
d. Comply with Continuing Disclosure Requirements
i. If applicable, the timely filing of annual information agreed to in the Continuing
Disclosure Certificate.
ii. Give notice of any Material Event.
e. Identify any post -issuance change to terms of bonds which could be treated as a current
refunding of `old" bonds by "new" bonds, often referred to as a "reissuance".
f Confirm whether any "remedial action" in connection with a "change of use" must be
treated as a "reissuance".
7_ Compliance with Future Requirements
a. Take measure to comply with any future requirements issued beyond the date of these Post -
Issuance Debt Compliance Procedures which are essential to preserving the tax-exempt
status of this tax-exempt debt obligation.
�I