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HomeMy WebLinkAboutA017 - Official StatementGlobal Book -Entry Rating: _ Moody's Investors Service, Inc. (Applied for) Standard & Poor's (Applied for) In the opinion of Bond Counsel, under existing /am% interest to be paid to the holders of the Bonds is not includable in gross income for federal income tax purpose.s, subject to certain matters described under "Tax Exemption "'herein. OFFICIAL STATEMENT (REFUNDING) $3,205,000... General Obligation Refunding Bonds, Series 1998E City of Ames, Iowa Dated: December 1, 1998 Minimum Bid: $3,188,975 (99.5%) Principal Due: June 1, 2000/2004 Good Faith Deposit: $32,050 The $3,205,000 General Obligation Refunding Bonds, Series 1998E (the "Bonds") of the City of Ames, Iowa (the "City" or "Issuer") are issued pursuant of Chapter 384 of the Code of Iowa for the purpose of refunding the City's General Obligation Bonds, Series 1992. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered in the narne Cede & Co., as nominee of The Depository Trust Company (­DTC­). DTC will act as securities depository of the Bonds. Individual purchases may be made in book -entry form only, in the principal amount of $5,000 and integral multiples thereof. Purchasers, will not receive certificates representing their interest in the Bonds purchased. Principal and interest on the Bonds, payable initially on June 1, 1999, and thereafter semiannually on each June I and December 1, will be paid to DTC, which will in turn remit such principal and interest to its participants for subsequent disbursement to the beneficial owners of the Bonds as described herein. The Bonds will mature June I in the years and amounts as follows: Interest Interest Year Amount(l) Rate* Yield* Year Amount(l) Rate* Yield* 2000 $665,000 % % 2003 $630,000 % _% 2001 655,000 % % 2004 615,000 % _% 2002 640,00 % % The Bonds are not subject to prior redemption BANK QUALIFIED: The Bonds are "Qualified Tax -Exempt Obligations". LEGAL OPINION: Dorsey & Whitney LLP, Des Moines, Iowa REGISTRAR/PAYING AGENT: The City of Ames, Iowa BIDS RECEIVED UNTIL: 2:00 P.M., C.T., Tuesday, November 10, 1998 Council Chambers City Hall, Ames, Iowa BIDS CONSIDERED: 7:00 P.M., Council Chambers, City Hall, Ames, Iowa The date of this Official Statement is October 30, 1998. Interest rates, reoffering yields or prices and ratings will be set forth in the Final Official Statement described herein. The City reserves the fight to increase or decrease the amount of the Bonds by no more than $100,000 in total and $20,000 per maturity. If the issue size is changed, the purchase price will be changed proportionately. (THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OFANINFORMED INVESTMENT DECISION) EVENSEN DODGE INC F I N A N C I A L C 0 N S U L T A N T S No dealer, broker, salesman or other person has been authorized by the City, the Financial Advisor or the Underwriters to give any information or to make any representations other than those contained in this Official Statement or the Final Official Statement and, if given or made, such information and representations must not be relied upon as having been authorized by the City, the Financial Advisor or the Underwriters. This Official Statement or the Final Official Statement does not constitute an offer to sell or solicitation of an offer to buy, nor shall there by any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the City and other sources which are believed to be reliable, but it is not to be construed as a representation by the Financial Advisor or Underwriters. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement or the Final Official Statement nor any sale made thereafter shall. under any circumstances, create any implication that there has been no change in the affairs of the City or in any other information contained herein, since the date hereof IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITERS MAY OVER -ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. TABLE OF CONTENTS Page Introduction to the Official Statement Description of the Bonds ...........................................2 Authorization ......................................................2 Purpose............ ...................................... ........... 2 Redemption Provisions .......................................2 Book -Entry Only System ...................................2 Continuing Disclosure ........................................4 TheCity of Ames ......................................................5 Description.........................................................5 Organization .......................................................5 CityServices .......................................................6 Employee Relations ............................................7 Year 2000 Issues .................................................7 Economic and Demographic Information .................9 Population...........................................................9 Industry............................................................. lo Labor Force Statistics .......................................11 Retail Sales and Buying Income ....................... I I Construction .................. ........................... ...... 12 Education......................................................... A Medical Facilities .............................................13 Financial Summary ..................................................14 Indebtedness .............................. ............................. 15 General Obligation Debt ........................... _ ... _ 15 Future Financing ...............................................16 OverlappingDebt ... .......................................... 16 Debt Limitation ................................................16 Page Financial Information ..............................................17 Financial Reports ..............................................17 Results of Operations .............................. _ ........ 17 Property Valuations and Taxes ...... ......................... 19 Property Valuations and Tax Collection Procedures ............................... ............... ........ 19 Property Tax Levies and Collections................20 Taxes Per $ 1,000 of Taxable Value ..................21 Principal Taxpayers ..........................................21 Ratings.... ...... .... ___ ... _ .................... .......... _ ........ 22 Federal Tax Considerations .....................................22 Qualified Tax -Exempt Obligations ..........................22 Litigation....................... ___ ...... ................... ... 22 Closing Documents..................................................23 Certifications...........................................................23 Financial Advisor .....................................................23 LegalMatters ...........................................................23 Miscellaneous ..........................................................24 Appendix A - Excerpts from 1998 Financial Statements Appendix B - Form of Legal Opinion Appendix C - Official Terms of Offering Appendix D - Continuing Disclosure Undertaking Worksheet Bid Forms 371136s The following information is furnished solely to provide limited introductory information regarding the $3,205,000 General Obligation Refunding Bonds, Series 1998B (the "Bonds') of the City of Ames, Iowa (the ""City" or "Issuer") and does not purport to be comprehensive. All such inl6rmation is qualified in its entirety & reference to the more detailed descriptions appearing in this Off icial Statement, including the appendices hereto. Issuer: City of Ames, Iowa Security: The Bonds are general obligations of the City and all taxable property in the territory of the City is subject to taxes without limitation as to rate or amount to pay the Bonds. Purpose: The proceeds will be used to refund the City's General Obligation Bonds, Series 1992. Optional Redemption: The Bonds are not subject to prior redemption. Denominations: The Bonds will be in denominations of $5,000 or multiples thereof. Form: Global book -entry only. Interest Payments: Semiannually on June I and December 1, commencing June 1, 1999. Principal Payments: June 1, 2000/2004. Tax Status: Generally exempt from federal income taxes (see "Tax Exemption" herein). The Bonds are "Qualified Tax -Exempt Obligations". Professional Consultants: Financial Advisor: Evensen Dodge, Inc. Minneapolis, Minnesota Des Moines, Iowa Bond Counsel: Dorsey & Whitney LLP Des Moines, Iowa The Official Statement is in a.form deemed final as of its date far purposes of Securities and Exchange Commission Rule 15c2-12(b)(1) (the "Rule'), but is subject to minor revision or amendment in accordance with the Rule. Not later than seven business days following the award of the Bonds, the City shall provide copies of the Final Official Statement, as that term is used in the Rule, to the purchaser of the Bonds. The Final Official Statement will be the Official Statement dated October 30, 1998, and an addendum which includes the maturity dates and amounts, interest rates and reoffering yields or prices, credit ratings, and any other in00 rmation required by law. Any such addendum shall, on or after the date thereof, be fully incorporated in the Final Official Statement by reference. .The purchaser will be supplied with Final Official Statements in a quantity sufficient to meet its request. Upto100 copies of the Final Official Statement will be furnished without cost. Questions regarding the Bonds or the Official Statement can be directed to and additional copies of the Official Statement, the City's audited financial reports and the Resolution may be obtained from Evensen Dodge, Inc., 601 Second Avenue South, Suite 5100, Minneapolis, Minnesota 55402 (612/338-3535), the City's Financial Advisor, or Diane Voss, the City Clerk. Authorization The Bonds are issued pursuant to Chapter 384 of the Code of Iowa. Purpose The proceeds will be used to refund the City's General Obligation Bonds, Series 1992. Table I Sources and Uses of Funds Original Maturities Amount Call Call Dated Amount Refunded Refunded Date Price 6/l/92 $6,010,000 2000/2004 $3,125,000 6/1/99 PAR Redemption Provisions The Bonds are not subject to prior redemption. Book -Entry Only .System The Depository Trust Company ("DTC"), New York, New York will act as securities depository for the Bonds. The Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully registered Bond certificate will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such annual maturity, and will be deposited with DTC. DTC is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds 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 security certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations ("Direct Participants"). 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. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("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 Bonds 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 Bonds, except in the event that use of the book -entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds 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 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds 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. 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. Redemption notices shall be sent to Cede & Co. If less than all of the Bonds 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. Neither DTC or Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures. DTC mails an Omnibus Proxy to the City 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 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on the 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 the 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 or the City, 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 City, disbursements 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. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof Continuing Disclosure In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the "Rule"), the Issuer will covenant and agree, for the benefit of the registered holders or beneficial owners from time to time of the outstanding Bonds, in the Bond Resolution, to provide annual reports of specified information and notice of the occurrence of certain events, if material, as hereinafter described (the "Disclosure Covenants"). The information to be provided on an annual basis, the events as to which notice is to be given, if material, and a summary of other provisions of the Disclosure Covenants, including termination, amendment and remedies, are set forth in Appendix D to this Official Statement. The Issuer has complied in all material respects with any undertaking previously entered into by it under the Rule. Breach of the Disclosure Covenants will not constitute a default or an "Event of Default" under the Bonds or the Resolution. A broker or dealer is to consider a known breach of the Disclosure Covenants, however, before recommending the purchase or sale of the Bonds in the secondary market. Thus, a failure on the part of the Issuer to observe the Disclosure Covenants may adversely affect the transferability and liquidity of the Bonds and their market price. (The remainder of this page has been left blank intentionally.) THE CITY OF AMES Description The City of Ames is located in Story County in central Iowa. It is approximately thirty miles north of Des Moines, the State capital and largest city in Iowa. The City was incorporated in 1869 under the laws of the State of Iowa, later amended in July, 1975 under the Home Rule City Act. The City, with an estimated population of 48,691, is known for its excellent quality of life which includes a relatively crime -free environment, an extensive park system, superior cultural/recreational facilities, and a nationally recognized school system. Organization The City is governed under a Council -Manager form of government. The mayor and two council members are elected at large; the other four council members represent wards. The chief administrative officer of the City is the city manager. The City provides many services including public safety, public works, culture, recreation and community development. The Council and staff have long supported a professional approach to local government management and involvement in professional organizations. Many of the City's department heads have gained national and international reputations in their professional fields. CITY COUNCIL Initial Present Term Term Member Office Commenced Expires Ted Tedesco Mayor I/l/98 12/31/01 Russell S. Cross Council Member - At Large 1/1/98 12/31/01 Judie Hoffman Council Member - At Large I/l/88 12/31/99 Sharon Wirth Council Member - First Ward I/l/90 12/31/01 John Parks Council Member - Second Ward l/l/80 12/31/99 Ann Campbell Council Member - Third Ward l/l/86 12/31/01 Herman Quirmbach Council Member - Fourth Ward l/1/96 12/31/99 ADMINISTRATION Steven Schainker City Manager John Klaus City Attorney Alice Carroll Director of Finance Diane Voss City Clerk Sherry Meier City Treasurer Tom Neumann Director of Water and Pollution Control Paul Wiegand, P.E. Director of Public Works Merlin Hove Director of Electric Utility City Services The City operates water, electrical and sewer utilities through modem city -owned systems. It also maintains a Municipal Solid Waste Recovery System and operates parking lot facilities, a medical center, a transit system, a recreational ice facility, a municipal golf course and a municipal airport which is the busiest general aviation airport in the State. A brief summary of the enterprises operated by the City is presented below. Mary Greeley Medical Center The municipally owned Mary Greeley Medical Center is managed and operated by an elected board and an appointed hospital administrator. It is a 220 bed regional referral center which serves the City of Ames and an eight -county area in north central Iowa. Among the services provided are medical, surgical, pediatrics, intensive care, mental health, obstetrics, nursery, neonatal intensive care, emergency, hemodialysis, radiology, coronary care, and physical, respiratory, recreational and occupational therapy services. In 1992/1993, the Center issued $24,000,000 in revenue bonds to fund the acquisition, construction and equipping of additions to the Medical Center. Electric Utility The Electric Utility generates electricity in a coal-fired power plant that also bums RDF (refuse -derived fuel) as a supplement to coal. The RDF is obtained through the Ames solid waste recovery system. On March 1, 1982, the City completed construction of a combustion turbine 60-megawatt steam unit. The total cost of the program was approximately $52,000,000. This was financed through the issuance of $43,000,000 in revenue bonds and $9,000,000 from operating revenues. Water Utility The City's water system is supplied by wells located in the underground aquifer serving Ames. The City's water plant has a ground storage capacity of 6,000,000 gallons per day as compared to average and peak daily use of 6,000,000 gpd and 8,000,000 gpd, respectively. An additional 1,750,000 of storage capacity is provided by two elevated storage towers. Sewer Utility The Municipal Sanitary Sewer System of the City of Ames serves the community by collecting, conveying and delivering wastewater to the City treatment plant. The wastewater is then treated and disposed of within the requirements of federal, state and local regulations. Resource Recovery The City of Ames and surrounding communities are served by the Arnold O. Chantland Resource Recovery Center, which provides communities with an environmentally safe means of solid waste disposal. Ames owns and operates the facility, while 12 other local governmental units share in the cost of its operation. Transit System The City operates a mass transit system to provide efficient and economical transportation to all members of the community. A fixed route service is available on a daily basis to most residents and a Dial -A -Ride service is available for elderly or handicapped residents. 6 Other Municipal Services The Ames Police Department has a staff of 70 of which 49 are sworn officers. The City's Fire Department operates out of two stations with a staff of 58. The Ames Parks and Recreation Department maintains the City's 600 acres of park property, including the Homewood Golf Course and the Ames/ISU Ice Arena. Employee Relations The City has 1,886 permanent employees of whom 1,336 work in the City -owned Mary Greeley Medical Center. City employees are represented by five bargaining units. The City's agreements with the bargaining units are as follows: Association Contract Expires International Association of Firefighters July 1, 2001 Public, Professional and Maintenance Employees July 1, 1999 International Brotherhood of Electrical Workers July 1, 1999 International Union of Operating Engineers (Local 234C) July 1, 2000 International Union of Operating Engineers (Local 234D) July 1, 1999 The City has several contributory pension and retirement plans as provided under the Code of the State of Iowa covering firefighters, police officers, utility employees and other City employees. The plans are funded by annual contributions as determined by actuarial valuations in accordance with the laws of the State of Iowa and the appropriate ordinances of the City of Ames. All full-time employees must participate in one of the plans. The City administers the Utility Retirement Systems. The State administers the Iowa Public Employees Retirement System. The City's responsibility is limited to the payment of contributions for those of its employees who qualify for participation in the System. The Municipal Fire and Police Retirement System of Iowa is a state-wide system administered by a representative board of trustees. The total of the City's contributions to all these retirement systems for the year ended June 30, 1998 was $3,431,312. For further information concerning the City's retirement plans, see Note 8 in the Notes to Financial Statements contained as a part of Appendix A to this Official Statement. Year 2000 Issues The City acknowledged the approach of the year 2000 by moving away from in-house development of new financial systems in 1993. Along with the purchase of integrated general ledger, payroll, accounts receivable, accounts payable, and utility billing, the City purchased a maintenance agreement that provides upgrades as developed. The City's financial software was updated to year 2000 compliance in September, 1998. Utility billing will be upgraded to year 2000 compliance by January, 1999. A new parking software system was purchased and on-line by June, 1998. A new police records and dispatching system has been purchased that is year 2000 compliant. The City's mainframe computer will be upgraded in December 1998 to improve its capabilities and ensure year 2000 compliance. All PC's throughout the City are being tested for year 2000 compliance, and those not in compliance will be replaced. That testing should be complete and all required replacements purchased by July, 1999. The City has not designated a specific year 2000 compliance budget for FY98/99, and will probably not need to do so for FY 99/00. The required expenditures resulting from advance planning are included in the applicable departmental operating budgets. In addition, a City-wide team of department representatives has been formed under the leadership of the City Manager's office. The members of this team have submitted reports regarding the status of` any project -specific computer hardware/software as well as potential imbedded chip problems. The summary report of this team expresses confidence that compliance issues have been identified and solutions planned or completed. The City's depository banks have been very cooperative in notification of their progress toward year 200C compliance. The City's main depository bank presents quarterly reports regarding compliance progress. The Depository Trust Company has notified the City on several occasions that they will have full year 2000 compliance. The City staff has confidence that external providers of financial services will have resolved any year 2000 problems in a timely manner. (The remainder of this page has been left blank intentionally.) Population Demographic statistics compiled by the City of Ames, presented in Table 2, reflect the City's population, per capita income and median age. The City experienced a 46% growth in population from 1960 to 1970. In the years 1970 to 1980, the City had a 10.8% growth in its population and a 7.8% growth in population from 1980 to 1990. The trends in growth are expected to continue for the City of Ames. Table 2 Demographic Statistics Ames Story County Per Year emulation Population Capita Income Median Age 1997(') 48,691 N/A $15,062 N/A 1996(') 48,691 74,252 15,062 22.7 1990 47,198 74,255 14,085 22.7 1980 43,775 72,326 6,698 22.5 1970 39,505 62,783 3,073 22.3 1960 27,003 49,327 N/A N/A (" Estimate. Source: The City. (The remainder of this page has been left blank intentionally) 0 Industry The City of Ames has a diverse employment base. Among the products manufactured by companies located in Ames are precision electronic instruments, hydrotransmission equipment, water treatment and analysis equipment, farm implements, abrasives and feed and grain products. A number of governmental units and other public institutions also contribute significantly to the Ames economy. The major employers in Ames are listed in Table 3. Table 3 Major Employers FirmJ )rg4nization Employees Iowa State University 13,267(') Mary Greeley Medical Center 1,336 Iowa Department of Transportation 1,000121 McFarland Clinic 750 Ames Community Schools 671 Ames Laboratories 613 City of Ames 550 Sauer -Sundstrand Company 499 Ogden Entertainment Services 400 3M 400 Todd & Sargent Group 373 Mainstream Living, Inc. 350 Hach Company 288 National Animal Disease Center 282 National Veterinary Service Laboratory 223 Engineering Animation, Inc. 205 Story Construction Company 150 Partnership Press, Inc. 141 (11 Includes part-time employees. (2) Estimate by Iowa Department of Transportation in the City. Source: Ames Chamber of Commerce. (The remainder of this page has been left blank intentionally.) IN Labor Force Statistics The State of Iowa Job Service Office Reports annual unemployment rates and labor force figures for Ames as shown in Table 4. Table 4 Employment Statistics Ames Year Labor Force 1993 29,070 1994 29,350 1995 28,550 1996 29,210 1997 29,110 19980) 28,580 ('i August 1998 only. Source: Iowa Workforce Development. Unemployment Rates State of Iowa Unemployment Rate 12% 4.0% 3.3% 3.7% 3.1% 15% 2.8% 3.3% 3.0% 3.3% 2.7% 2.3% Retail Sales and Buying Income Table 5 lists median household Effective Buying Income and per capita retail sales for Story County, the State of Iowa and the City of Ames for the years 1993 through 1997, as reported by Sales and Marketing Management's "Survey ofBuying Power. " Table 5 Retail Sales/Buying Income 19971" 19961" 1995(') 1994 1993 Median Household Effective Buvine Income Story County $33,879 $32,746 $30,803 $37,423 $34,406 State of Iowa 32,694 31,489 29,481 34,976 32,456 City of Ames 30,995 30,054 28,233 34,578 31,732 Per Capita Retail Sales Story County $10,001 $ 9,821 $ 9,559 $ 9,272 $ 8,680 State of Iowa 10,196 9,866 9,471 9,016 8,612 City of Ames 12,286 12,068 12,331 11,723 11,043 Sales and Marketing Management changed its definition of income in 1995, and it is not comparable to previous years Construction Construction activity within the City a: shown by its building permit records is presented in Table 6. Table 6 Building Permits Commercial Construction"" Residential Construction Calendar Number Number Year of Units Value of Units Value 1988 ill $ 7,194,143 256 $ 7,666,358 1989 86 8,980,671 104 7,033,323 1990 101 9,878,576 301 14,351,377 1991 92 4,935,164 282 14.502,868 1992 96 3,845,383 406 22.450,839 1993 104 6,769,737 435 25,638,140 1994 128 21,919,025 435 21.404,539 1995 150 27,888,153 455 21,548,387 1996 123 19,399,990 432 18,868,062 1997 188 68,705,808 469 26,164,932 (1) Includes new construction and remodeling. Education Elementary and Secondary Most of the City is a part of the Ames Community School District. The District operates eight elementary schools, one middle school and one senior high school. The school district employs 650 people, of whom 350 are certified. It also operates a special education building which serves the needs of 14 local districts in Boone and Story Counties. Two other school districts, the Gilbert Community School District and the Nevada Community School District also overlap into the City of Ames. However, these districts, in total, represent less than 1% of the City's property valuation. Table 7 Enrollment Trends 1998/99 4,936 1997/98 5,046 1996/97 5,012 1995/96 5,012 1994/95 5,941 1993/94 4,962 1992/93 4,879 1991/92 4,855 1990/91 4,882 1989/90 4,469 1988/89 4,445 12 Vocational Ames is also a part of the Des Moines Area Community College District (DMACC). The DMACC has campuses in Ankeny (20 miles from Ames) and Boone (13 miles from Ames) and offers trade, technical and college preparatory programs. Iowa State University Ames is the home of Iowa State University (ISU). ISU was established in 1859 and is an integral part of the community. The spring, 1998 enrollment was 53,419, and the University is the City's major employer with faculty and staff totaling approximately 13,210, including teaching assistants and hourly part-time employees. The University, in addition to its educational function, is a leading agricultural research and experimental institution. The Iowa State Center, which is the cultural and athletic center of the University and City, is a complex of five structures, all completed since 1969. It consists of two theaters, a football stadium, a coliseum and a continuing education building which attract to Ames major athletic, dramatic and musical events, as well as seminars and conferences. Medical Facilities The municipally owned Mary Greeley Medical Center is a 220-bed regional referral center which serves the City of Ames and an 8-county area in north central Iowa. Among the services provided are medical, surgical, pediatrics, intensive car, mental health, obstetrics, nursery, neonatal intensive care, emergency, hemodialysis, radiology, coronary care and physical, respiratory, recreational and occupational therapy services. Adjacent to the Medical Center is the McFarland Clinic offering complete medical service. The Clinic has 750 employees and is serviced by an additional 90 physicians. Also located in the immediate area is the Family Practice Medical Clinic and several smaller medical offices. The Iowa State University Student Health Center provides medical care for ISU students and staff. There are also two nursing homes in the community. (The remainder of this page has been left blank intentionally.) 13 FINANCIAL SUMMARY ("Thefollowing summary- presents pertinent statistics relating to property, valuations av assessed in 1997_ for indebtedness, population qfthe Issuer and the indebtedness q/'overlapping governmental units to the Issuer. The information provided in the Financial Summary is subject in all respects to more complete information contained in this Official Statement. ACTUAL VALUE, 1997 $1,683,748,491 TAXABLE VALUE, 1997 $1,178,864,349 G.O. DEBT (Including this Issue) $ 34,575,000 OVERLAPPING GENERAL OBLIGATION DEBT $ 10,601,960 POPULATION (1997 Estimate) 48,691 Amount Per Capita % of Actual Value G.O. Debt $34,575,000 $710 2.05% Overlapping Debt 10,601,960 217 0.62% $45,176,960 $927 2.67% INDEBTEDNESS General Obligation Debt Table 8 and Table 9 summarize the City's general obligation bonded debt outstanding as of the issuance of the Bonds. Table 8 General Obligation Debt by Issue Date of Interest Final Due Original Amount Issue Issue Rate Date Amount Outstanding, Corporate Purpose 10/01/79 5.85%-7.0 % 06/01/99 $ 4.405,000 $ 200.000 Corporate Purpose 04/01/87 5.00%-6.25% 12/01/02 770,000 2.50,000 Corporate Purpose(l) 06/01/92 5.40%5.90%, 06/01/99 6,010,000 625,000 Refunding 02/01/93 4.75%-5.10% 06/01/04 8,215,000 5,955,000 Corporate Purpose 01/01/94 3.900/c4.10% 06/01/04 3,825.000 1,860,000 Corporate Purpose 10/01/94 4.00%-5.50% 06/01/06 2,015,000 1,335,000 Corporate Purpose 05/01/95 4.90%-5.25% 06/01/07 10,035,000 7,890,000 Corporate Purpose 10/01/95 4.50%-4.80% 06/01/07 4,195,000 3,1.50,000 Corporate Purpose 06/01/97 4.40% 4.60% 06/01/09 5,460,000 4,975,000 Corporate Purpose 06/15/98 4.125%-4.25% 06/01/10 5,130,000 5,130,000 Refunding 12/01/98 This Issue 06/01/04 3,205,000 3,205.000 $34,575,000 (" The 2000-2004 maturities are the Refunding Bonds. Table 9 General Obligation Debt Outstanding This Issue(') Year Principal Interest Principal Interest. Total 1998 $ 50,000 $ 715,130 $ 765,130 1999 4,140,000 1,582,788 $ -- $ 68,908 5,791,695 2000 3,185,000 1,219,055 665,000 783,128 5,852,183 2001 3,195,000 1,070,145 655,000 750,185 5,670,330 2002 3,205,000 919,928 640,000 711,605 5,476,533 2003 3,170,000 767,678 630,000 677,925 5,245,603 2004 3,185,000 616,755 615,000 638,985 5,055,740 2005 2,490,000 481,065 -- -- 2,971,065 2006 2,480,000 360,693 -- -- 2,840,693 2007 2,310,000 244,438 -- -- 2,554,438 2008 1,710,000 147,628 - -- 1,857,628 2009 1,350,000 74,850 -- -- 1,424,850 2010 900,000 21,500 -- - 921,500 $31,370,000 $8,221,650 $3,205,000 $3,630,735 $46,427,386 Assumes average interest rate of 3.8888%. 15 Future Financing The City does not anticipate it will incur additional indebtedness in the next six months. Overlapping Debt There are five taxing jurisdictions which overlap the City and which had general obligation debt outstanding as of October 1, 1998. Table 10 sets forth the general obligation debt for those jurisdictions and the amount of that debt allocable to the City. Table 10 Overlapping Deb General % of Debt Portion Obligation Allocable Allocable Jurisdiction Debt to the City to the City Gilbert Community School District $ 3,657,077 22.97% $ 840,031 Des Moines Area Community College 39,575,000 6.21% 2,458,280 Ames Community Schools 7,025,000 97.20% 6,828,300 Nevada Community Schools 3,596,000 0.28% 10,069 Story County"' 800,000 58.16% 465,280 $10,601,960 As of June 30, 1998. Debt Limitation The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or, for any purpose, to an amount, in the aggregate, exceedingfive per centum on the value of taxable property within such county or corporation - to be ascertained by the last State and County tax lists, previous to the incurring ofsuch indebtedness. Table I I Debt Limit Computation Total Assessed Actual Valuation $1,683,748,491 Legal Debt Limit, 5% of Total Assessed Actual Valuation 84,187,425 Debt Chargeable Against Limit (4 1. 1 %) (34,575,000) Legal Debt Limit Available (58.9%) $ 49,612,425 16 FINANCIAL INFORMATION Financial Reports The City of Ames maintains its financial reports for general governmental operations on a modified accrual basis. Copies of the City's audited financial reports for the years ended June 30, 1996 through 1998 are available upon request from Evensen Dodge, Inc., the City's Financial Advisor. See Appendix A for selected schedules from the 1998 audited financial report. Results of Operations Table 12 below presents the statement of revenues and expenditures of the General Fund of the City which have been compiled from the City's audited financial reports. They have been organized in such a manner as to facilitate year-to-year comparisons. Table 13 summarizes the City's 1998/99 General Fund Budget. Table 12 Statement of Revenues, Expenditures of the General Fund (Years Ended June 30) Revenues: Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeits Uses of Money & Property Net Increase in Fair Value of Investments Donations Miscellaneous Total Revenues Expenditures: Current Community Protection Human Development Home & Community Environment Policy & Administration Capital Outlay Total Expenditures Excess (deficiency) of Revenues over (under) Expenditures Other Financing Sources (Uses): Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Excess (deficiency) of revenues & other sources over (under) expenditures & other uses Fund Balance at Beginning of Year Fund Balance at End of Year 1998 1997 1996 7,461,662 7,115,601 6,717,246 910,422 653,926 595,065 928,878 927,216 903,216 2,120,076 2,136,351 2,062,480 138,393 116,736 92,248 424,246 290,806 295,135 2,937 3,958 3,620 154,217 288,546 140,375 $12,144,789 $1 1,S28,782 $10,809,385 $ 7,705,123 7,509,218 $ 7,224,603 3,960,525 3,702,256 3,505,743 631,794 681,409 725,364 2,117,711 2,013,294 1,970,852 417,512 351,847 378,006 $14,832,665 $14,258,024 $13,804,568 (2,687,876) (I729,242 j (2,995,183 4,507,187 4,466,060 3,630,611 (647,889) (619,271) (641,677 3,859,298 3,846,789 2,988,934 1,171,422 1,117,547 (6,249) 3,019,029 1,901,482 1,907,731 $4,190,451 ,0 $ 3 19029,_ $ 1,901,482 17 Table 13 General Fund Budget 1998/99 Adopted Revenues: Taxes $ 7,339,687 General Services 2,037,645 Streets 351.377 Police & Fire 1,463,007 Recreation 764,352 Transit 1,004,202 Other 480,251 Operating Transfers In 4.671,622 Total Revenues $18,112,143 Expenditures: Public Safety $ 8,144,567 Transportation 152,332 Health & Welfare 330,595 Community Enrichment 4,186,378 Community Environment 426,131 General Government 2,579,287 Miscellaneous 34,378 Operating Transfers Out 2,258,475 Total Expenditures $1.8,112,143 Excess (deficiency) of Revenues Over (under) Expenditures Fund Balance at Beginning of Year W 3,580,707 Fund Balance at End of Year $ 3,580,707 (The remainder of this page has been left blank intentionally.) 18 PROPERTY VALUATIONS AND TAXES Property Valuations and Tax Collection Procedures All property subject to taxation is valued in compliance with State law every two years subject to an equalization action by the State Department of Revenue. All property except utility property is assessed at the local level. The State Department of Revenue assesses utility property. Historically, industrial machinery, equipment and certain computer property has been taxed as real property at 30% of the net acquisition cost. A phaseout of tax on that class of property will begin with the taxable valuations of January 1, 1995, under legislation completed in May of 1995. New property of that class which is first assessed on or after January 1, 1995 is exempt from taxation. Existing property currently on the tax rolls will be phased down from the current level of 30% of acquisition cost to 22% for the January 1, 1999 assessment, to 14% for the January 1, 2000 assessment, to 6% for the January 1, 2001 assessment and to 0% thereafter. The percentage of cost assessed is not reduced for property of the class which is located within certain tax increment districts during the life of loans, advances or obligations payable from incremental taxes which were incurred or issued on or before June 30, 1995. A state replacement fund is created to replace any taxes lost by a unit of local government, resulting from a reduction in the total valuation of the class of property falling below its assessed value as of January 1, 1994. A standing appropriation is made through the fiscal year ending June 30, 2006 to pay local government claims, with a mechanism to reduce the amount of value phased out under the program in the event the appropriation is made through the fiscal year ending June 30, 2006 to pay local government claims, with a mechanism to reduce the amount of value phased out under the program in the event the appropriation should prove insufficient in any fiscal year, Inflation is not a factor considered in the replacement formula. This phase out of the tax on machinery and equipment should not adversely impact the ability of the Issuer to pay principal and interest on the Bonds. The Assessor established actual valuation (100%) as of January I in a calendar year for taxes payable in the succeeding fiscal year; i.e., valuations made in 1997 are for taxes payable in the fiscal year 1998/99. The actual value of parcels is provided by the assessor to the County Auditor who then determines the taxable value. Table 14 outlines the Taxable and Actual Value of all property in the City as assessed in the years 1993 through 1997. Table 15 breaks down the total Actual Value into the types of property which make up the total. Table 14 Taxable Property Valuations Assessment Year Actual Value(l) 1997 $1,683,478,491 1996 1,497,599,158 1995 1,446,585,217 1994 1,261,156,605 1993 1,212,551,474 (1) Excluding increment value. Increment Taxable Value(l) Value $1,178,864,349 $6,115,875 1,097,958,483 3,577,888 1,050,682,832 2,942,696 993,271,951 4,681,597 957,821,286 3,693,680 19 Table 15 Actual Value by Category Property Type Actual Value % of Total Residential $1,080.910,540 64.320% Ag Land 1,680,697 0. 1001/16 Ag Buildings 57,032 0.0030/'o Commercial 530,436,694 31.560% Industrial 32,434,540 1.930% Personal Property R.E. 22,726,817 1.920% Utilities 15,502,171 0.920% Gross Valuation 1,683,748,491 100.183% Less: Military Exemption (3,241,926) __LO. 18 3 0/.) Net Valuation $1,680,506,565 100.000% Property Tax Levies and Collections After the assessment of property in a calendar year, taxes are levied for collection in the following fiscal year. Taxes are certified to the County Auditor in April. The County Treasurer collects taxes for all taxing entities in the County. Statutory dates for payment without penalty are September 30 for the first installment and March 31 for the second installment. Penalty rates are established by State law at 1.5% per month. Table 16 outlines the City's collections of taxes for the five most recent fiscal years. Table 16 Tav Cnll—fi— Current Year % of Current Taxes Collected Fiscal Year Tax levied Collections Year Collections as of March 16, 1998 % Collected 1997/98 $11,186,337 $10,927,634 97.69% $10,927,634 97.69% 1996/97 10,709,033 10,430,571 97.40% 10,654,585 99.49% 1995/96 10,168,277 9,869,105 97.06% 10,115,206 99.48% 1994/95 9,354,863 9,044,410 96.68% 9,284,975 99.25% 1993/94 8,488,862 8,190,814 96.49% 8,436,768 99.39% Source: Story County Auditor, 20 Taxes Per $1,000 of Taxable Value Table 17 shows the tax rates for the City for the past five collection years. Table 17 Tax Rates ($1,000 of Taxable value 1998/99 1997/98 1996/97 1995/96 1994/95 Story County City of Ames 6.11277 6.04529 6.41288 6.47722 6.98327 School District 9.75731 10.19221 10.19221 10.23076 9.76556 Other 13.66582 1146356 13.86851 14.62203 14.16705 0.50551 0,47230 0.50661 0.48988 0.48398 Total 30.04141 30.17336 30.98021 31.81989 31.39986 Principal Taxpayers A list of the ten taxpayers in the City with the highest taxable valuations for the 1996 assessment year is presented in Table 18, Table 18 Principal Taxpayers Taxpayers 1997 % of Total Taxable Valuation Taxable Value General Growth Properties $20,061,444 L70% Clinic Building Co Inc 15,078,625 1.28% Freemon, Richard D Rest Revoc Trust 7,036,153 0.60% 3M ISU Credit Union 6,846,797 0.58% Mortenson I -Ltd Partnership 6,767,118 0.57% Susa Holding Of Story County Inc 6,518,973 6,450,700 0.55% Gateway Center Ltd 5,757,516 0.55% 0.49% Sauer -Sundstrand 5,707,919 0.48% Iowa State University Research 5,490,894 0.47% $85,716,139 7.27% (The remainder of this page has been lqfit blank intentionalIv.) 21 RATINGS Rating reviews have been requested from Moody's Investors Service, Inc., and Standard & Poor's Corporation for the Bonds. A rating is subject to withdrawal at any time; withdrawal of a rating may have an adverse effect on the marketability of the Bonds. For an explanation of the significance of the rating, an investor should communicate with the rating agency. FEDERAL TAX CONSIDERATIONS The opinion of Bond Counsel will state that under present laws and rulings, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code of 1986 (the "Code"); it should be noted, however, that for the purpose of computing the alternative minimum tax imposed on corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the City comply with all requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. In the resolution authorizing the issuance of the Bonds, the City will covenant to comply with all such requirements. There may be certain other federal tax consequences to the ownership of the Bonds by certain taxpayers, including without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations, Bond Counsel expresses no opinion with respect to such other federal tax consequences to owners of the Bonds. Prospective purchasers of the Bonds should consult with their tax advisors as to such matters. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "Qualified Tax -Exempt Obligations" for purposes of Section 265 of the Internal Revenue Code of 1986. LITIGATION There is no litigation pending or, to the knowledge of City Officials, threatened which questions the validity of the bonds or any proceedings of the City taken with respect to the issuance or sale of the Bonds. 22 Simultaneously with the delivery of and payment for the Bonds by the original purchasers thereof, the City will furnish to the original purchasers the customary closing documents in form satisfactory to Bond Counsel. CERTIFICATIONS The City will furnish a statement to the effect that this Official Statement, to the best of its knowledge and belief as of the date of sale and the date of delivery, is true and correct in all material respects and does not contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made herein, in light of the circumstances under which they were, made not misleading. FINANCIAL ADVISOR The City has retained Evensen Dodge, Inc., of Minneapolis, Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. Requests for information concerning the City should be addressed to Evensen Dodge, Inc., 601 Second Avenue South, Suite 5100, Minneapolis, Minnesota 55402 (612/338-3535). LEGAL MATTERS Legal matters incident to the authorization and issuance of the Bonds are subject to the opinion of Dorsey & Whitney LLP, Bond Counsel, as to validity and tax exemption. The opinion will be in the form as set forth in Appendix B herein. Except to the extent necessary to issue their opinion as to legality of the bonds, Bond Counsel have not examined or reviewed or expressed any opinions with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. W MISCELLANEOUS Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated. are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. The execution and delivery of this Official Statement by its Clerk has been duly authorized by the City. CITY OF AMES, IOWA By: /s/ Steven Schainker City Manager 24 APPENDIX A Excerpts From The City's Audited Financial Statements For The Year Ended June 30, 1998 (This page has been left blank intentionally) r. ip 6 6 6 4 r, V 2; U �I C N Y�� K 111 �^Y a, to m,� c, I 'I w) IR r P p � `b M � W 9 ypprl n 2-t Ir v t I Bt m1h US 1 .5 Mll P VY tl E g i n�i O 0 C LL 14 ry ., ,�~�i� m° ""' (� w � Imo) wI LL SR W � C (µl - I-) ( µl � §&x n 7t it O u i it ml Um u K 10 � z Y h � (ml A A I dncN - 4���� of .� * 11 - §t- In 8z r4 ol w w ! n A 4 25 r"a a'. r 73II a�vM1, I7ti1 •I wl i A !SO ae„ M1 oMq w I .p I` 'J M � w a z x ` z err W g i f T R.-I ,t ,4 ,1 �� 2% aZ 4 i _ 4� Yy C w Z` ��bb rvrv11 ��OO 66.. qq eY ET +i Yi h�bragQ ry6i rwF N 1a+. ti. Sn ~O » tu z It W �p sit gg W 17 w F� w� 'd K fJ W EY i F (d[ CC 6 s$h i4 yy u E gg Yt,„ r � 03 Lr U uu�sIn 5uuxxlug �s� R It -0 o c 0 u uu Vu v m Cc E 0 to o 4; E > S —t.J u V 0 ro N. I R s o < d u R� 1,21! lu. 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W > m- O _E *6 _'0 'Q —0 0 o NO r = - , 0 = o 1 8.8 6�.5 ;4 = A .5- -a g a g n A2 v. 9= cr.- U -5 —0 .0 0 -M _a o Id lu 0_0 0 0 0 o- 1> 0 ,a 88 'o r :3 u 0 > E to t-- 10 14 u W. or —.--s 02, Nu S > u u s u 0 is J. R c E a: ig 10 E JS E r u 0 C, r 0 > c; m > 2,z r 0 IF. ou to A t5 E p- I= tb M's &.0 u Form of Legal Opinion (This page has been left blank intentionallv) DORSEY & WHITNEY LLP ATTORNEYs AT LAW 801 GRAND, SUFrE 3900 DES MOINES, IOWA 50309 TELEPHONE: (515) 283- 1000 FAX: (515) 283-1060 MINNEAPOLIS WASHINGTON, D.C. LONDON BRUSSELS HONG KONG DES MOINES RocHESTER COSTA MESA NEW YORK DEN VER SLAT-TLE FARGO BILLINGS MISSOULA GREAT FALLS We hereby certify that we have examined a certified copy of the proceedings of the City Council of the City of Ames, in the County of Story. State of Iowa (the "Issuer"), passed preliminary to the issue by the Issuer of its General Obligation Refunding Bonds, Series 1998B (the "Bonds") in the amount of 53,205,000*, dated December 1, 1998, in the denomination of $5,000 each, or any integral multiple thereof, maturing on June I in each of the respective years and in the principal amounts and bearing interest payable semiannually. commencing June 1, 1999, at the respective rates, as follows: Principal Interest Rate Principal Interest Rate Year Amount Per Annum Year Amount Per Annum 2000 $665,000* 2003 $630,000* 2001 $655,000* 2004 $615,000* 2002 $640,000* *Preliminary; subject to change Based upon our examination, we are of the opinion, as of the date hereof, that: 1. The aforementioned proceedings show lawful authority for such issue under the laws of the State of Iowa. 1. The Bonds are valid and binding general obligations of the Issuer. I. All taxable property within the corporate boundaries of the Issuer is subject to the levy of taxes to pay the principal of and interest on the Bonds without constitutional or statutory limitation as to rate or amount. 1. The interest on the Bonds (including any original issue discount properly allocable to an owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; it should be noted, however, that for the purpose of computing the alternative minimum tax imposed on corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986 (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Bonds. 1. The Bonds are "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, and, in the case of certain financial institutions (within the meaning of Section 265(b)(5) of the Code), a deduction is allowed for 80 per cent of that portion of such financial institutions' interest expense allocable to interest on the Bonds. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable, and their enforcement may also be subject to the exercise of judicial discretion in appropriate cases. MOS IMUMMANATH11,421WAMIJ (This page has been left blank intentionally) Official Terms of Offering (This page has been left blank intentional4,.) $3,205,000 General Obligation Refunding Bonds, Series 1998E City of Ames, Iowa Sealed bids for the Bonds will be received by the City on Tuesday, November 10. 1998 until 2-,00 P.M., CT., at the Council Chambers, City Hall, 515 Clark Avenue, Ames, Iowa 50010. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., C.T., of the same day. DETAILS OF THE BONDS The Bonds will be initially dated as of December 1, 1998, and will bear interest payable on June I and December I of each year, commencing June 1, 1999. Interest will be computed upon the basis of a 360-day year of twelve 30- day months and will be rounded pursuant to the rules of the Municipal Securities Rulentaking Board (MSRB). The Bonds will mature on June I in the years and amounts as follows: Year Amount Year Amount 2000 $665,000 2003 $630,000 2001 655,000 2004 615,000 2002 640,000 OPTIONAL REDEMPTION The Bonds are not subject to prior redemption. VMA�E A sealed bid for not less than $3,188,975 and accrued interest on the total principal amount of the Bonds shall be filed with the City Clerk, City Hall, 515 Clark Avenues, Ames, Iowa prior to the time set for the opening of bids. A good faith deposit in the amount of $32,050, payable to the order of the City, is required for each bid to be considered. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Iowa, and such bond must be submitted to the Financial Advisor prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser ("Purchaser") is required to submit its deposit to the Financial Advisor in the form of a cashier's check (or wire transfer such amount as instructed by the Financial Advisor) not later than 3:30 P.M., Central Time, on the next business day following the award. If such deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement, No interest on the deposit will accrue to the Purchaser. The good faith deposit of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the good faith deposit of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City Council scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates bid must be expressed in integral multiples of 1/20 or 1/8 or 1%, one rate per maturity in non -descending order. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"). New York, New York. which will act as securities depository of the Bonds. Individual purchasers of the Bonds may be made in the principal amount of 55,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. pants. Principal and interest are payable by the City Bank to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. [VNETRI11 The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined on a net interest cost (NIQ basis. The City's computation of the total interest cost of each bid, in accordance with customary practice, will be controlling. Within 24 hours of award of the Bonds, the successful bidder shall provide the City with the initial reoffering price or yield to the public of the Bonds; a complete listing of all syndicate members; and confirmation of the acquisition of credit enhancement, if any. Simultaneously with or before delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form and substance acceptable to bond counsel (a) confirming the initial reoffering price, (b) certifying that a bona fide reoffering of the Bonds has been made to the public (excluding bond houses, brokers and other intermediaries), and (c) stating the price or yield at which a substantial portion of the Note-, were sold to the public (excluding bond houses, brokers, and other intermediaries.) REGISTRAR The Registrar shall be the City of Ames, Iowa. The Registrar shall be subject to applicable SEC regulations. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers, such numbers will be printed on the Bonds; however, the City assumes no obligation for the assignment of CUSIP numbers and neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Dorsey & Whitney LLP, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent funds, which shall be received at the offices of the City, or its designee, not later than 11:00 A.M., C.T. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENTS The City has prepared an Official Statement dated October 30, 1998 which the City deems to be a preliminary or "near -final" Official Statement as that term is defined in Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The Official Statement is available to prospective bidders and to others who request copies from the City or its Financial Advisor, Evensen Dodge, Inc. The City agrees to notify the successful bidder of any material developments impacting the Bonds or the City of which the City becomes aware within 60 days after delivery of the Bonds. Not later than seven business days following the award of the Bonds, the City shall provide copies of the Final Official Statement, as that term is used in the Rule, to the successful Purchaser of the Bonds. The Final Official Statement will be the Official Statement dated October 30, 1998, and the addendum which includes the maturity date and amount, interest rate and reoffering yield or price, credit ratings, and any other information required by law. Any such addendum shall, on or after the date thereof, be fully incorporated in the Final Official Statement by reference. The Purchaser will be supplied with Final Official Statements in a quantity sufficient to meet its request. Up to 150 copies of the Final Official Statement will be furnished without cost. Copies of the Official Statement and the addendum are available from Evensen Dodge, Inc., 601 Second Avenue South, Suite 5100, Minneapolis, Minnesota 55402, telephone 612/338-3535. The City designates the manager of the account to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each participating account member. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City, (i) it shall accept such designation and (ii) it will enter into a contractual relationship with all account members of the Bonds for purposes of assuring the receipt by each such account member of the Final Official Statement. By: /s/ Steven Schainker City Manager (This page has been left blank intentionally.) APPENDIX D Continuing Disclosure Undertaking (This page has been left blank intentionally) CONTINUING DISCLOSURE In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (as in effect and interpreted from time to time. the "Rule"), the Issuer will covenant and agree in the Bond Resolution, for the benefit of the Owners (as hereinafter defined) from time to time of any Bonds which are Outstanding, to provide annual reports of specified information and notice of the occurrence of certain events, if material, as hereinafter described (the "Disclosure Covenants"). The Issuer is the only "obligated person" with respect to the Bonds within the meaning of the Rule for purposes of identifying the entities with respect to which continuing disclosure must be made. The Issuer has complied in all material respects with any undertaking previously entered into by it under the Rule. Breach of the Disclosure Covenants will not constitute a default under the Bond Resolution or the Bonds. A broker or dealer is to consider a known breach of the Disclosure Covenants, however, before recommending the purchase or sale of Bonds in the secondary market. Thus, a failure on the pan of the Issuer to observe the Disclosure Covenants may adversely affect the transferability and liquidity of the Bonds and their market price. As used herein, "Owner" or "Bondowner" means, with respect to a Bond, the registered holder or holders thereof appearing in the bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, with respect to a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed under the Disclosure Covenants or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. Information To Be Disclosed The Issuer will provide, in the manner set forth under "Manner of Disclosure" below, either directly or indirectly through an agent designated by the Issuer, the following information at the following times: Annual Information On or within 210 days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending June 30, 1998, the following financial information and operating data (the "Disclosure Information"): (A) The audited financial statements of the Issuer for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Iowa, which financial statements shall contain balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the Issuer, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Iowa law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, information of the type set forth below, which information may be unaudited. but is to be certified as to accuracy and completeness in all material respects by the Issuer's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or other third party sources: General Obligation Debt by Issue (As of Issuance of the Bonds) Overlapping Debt (As of October 1, 1998) Debt Limit Computation (As of Issuance of the Bonds) Statement of Revenues, Expenditures of the General Fund (Year Ended June 30, 1998) General Fund Budget (1998-1999 Adopted) Taxable Property Valuations Actual Value by Category Tax Collections Principal Taxpayers (1997 Assessed Valuation) Appendix A to the Official Statement, which may be unaudited Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 clays after the receipt thereof, the Issuer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated, if it is updated as required by the Disclosure Covenants, by reference from other documents, including official statements. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board (the "MSRB"). If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other Issuer operations with respect to which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or the Disclosure Covenants are amended as permitted by the Bond Resolution, then the Issuer is to include in the next Disclosure Information to be delivered under the Disclosure Covenants, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. Certain Material Events In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (the "Material Events"): (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions or events affecting the tax-exempt status of the security; (7) Modifications to rights of security holders; (8) Bond calls: (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the securities-, and (11) Rating changes. The Issuer notes that, since no debt service reserve fund secures the Bonds and if there is no credit enhancement securing the Bonds on the date of issue, the events listed in clauses (3). (4) and (5) may not be applicable. Certain Other Information In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information at the time specified under "Annual Information" above; (B) the amendment or supplementing of the Disclosure Covenants pursuant to the Bond Resolution, together with a copy of such amendment or supplement and any explanation provided by the Issuer under the Disclosure Covenants; (C) the termination of the obligations of the Issuer under the Disclosure Covenants pursuant to the Bond Resolution; (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. Manner of Disclosure The Issuer agrees to deliver the information described under "Information To Be Disclosed" above to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described under "Annual Information" above, to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Iowa as contemplated by the Rule (the "State Depository"), if any; (2) the information described under "Certain Material Events" and "Certain Other Information" above, to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described under "Information To Be Disclosed" to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondholder, to any Bondholder who requests in writing such information, at the time of transmission under clauses (1) or (2) above, as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. Term The Disclosure Covenants shall remain in effect until all Bonds have been paid or legally defeased under the Bond Resolution. Notwithstanding the preceding sentence, however, the Disclosure Covenants shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the Issuer to comply with the Disclosure Covenants will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof, Amendments; Interpretation The Disclosure Covenants (and the form and requirements of the Disclosure Information) may be amended or supplemented by the Issuer from time to time, without notice to or the consent of the Owners of any Bonds, by a resolution of the governing body of the Issuer filed with the Registrar accompanied by an opinion of Bond Counsel, who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the Issuer or the type of operations conducted by the Issuer, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) the Disclosure Covenants as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. The Disclosure Covenants are to be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Default; Remedies If the Issuer fails to comply with any of the Disclosure Covenants, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any such covenant. In no event shall a default under the Disclosure Covenants constitute a default under the Bonds or under any other provision of the Bond Resolution. WORKSHEET $3,205,000 General Obligation Refunding Bonds, Series 1998E CITY OF AMES STORY COUNTY, IOWA Dated: I-Dec-98 Due: June 1, 2000/2004 Principal Cumulative Year Amount Run Bond Years Bond Years Coupon Year I-Dec-98 I -Jun-00 665,000 1.50 997.50 997.50 I-Jun-00 I -Jun-0 1 655,000 2.50 1637.50 2635.00 1 -Jun-0 I I -Jun-02 640,000 3.50 2240.00 4875.00 1 -Jun-02 I-Jun-03 630,000 4.50 28315.00 7710.00 1 -Jun-03 I -Jun-04 615,000 5.50 3382.50 11092.50 I-Jun-04 AVERAGE MATURITY: 3.544332 BID OPENING: 2:00 P.M., C.T., Tuesday, November 10, 1998. PRICE: Not less than $3,188,975 (99.5% of Par) plus accrued interest to the delivery date. INTEREST RATES: Rates are to be in integral multiples of 1/8 or 1/20 of I%, or any combination thereof, in non -descending order, one rate per maturity. CALLABILITY: The Bonds are not subject to prior redemption. OFFICIAL BID FORM Members of the City Council City of Ames, Iowa Sale Date: November 10, 1998 For the principal amount of $3,205,000 General Obligation Refunding Bonds, Series 1998B of the City of Ames, Iowa, legally issued and as described in the Official Terms of Offering, we will pay the City $ (not less than $3,188,975) plus accrued interest on the total principal of $3,205,000 to date of delivery, provided the Bonds bear the following interest rate: The Bonds mature on June 1 in the years and amounts as follows: Interest Interest Year Amount Rate Year Amount Rate 2000 $665,000 -% 2003 $630,000 --% 2001 655,000 % 2004 615,000 % 2002 640,000 -% Interest on the Bonds is payable on June 1, 1999 and semiannually thereafter. In making this offer, we accept the terms and conditions as defined in the Official Terms of Offering published in the Official Statement dated October 30, 1998. All blank spaces of this offer are intentional and are not to be construed as an omission. Explanatory Note: According to our computation, this bid involves the following: Net Interest Cost (NIQ Net Interest Rate (NIQ Respectfully submitted, Account Manager as (A list of account members is on the reverse side of this bid.) The foregoing offer is hereby accepted by and on behalf of the City of Ames, Iowa, this 10' day of November, 1998. (Title) (Title) OFFICIAL BID FORM Members of the City Council City of Ames, Iowa Sale Date: November 10, 1998 For the principal amount of $3,205.000 General Obligation Refunding Bonds, Series 1998E of the City of Ames, Iowa, legally issued and as described in the Official Terms of Offering, we will pay the City $___, (not less than $3,188,975) plus accrued interest on the total principal of $3,205,000 to date of delivery, provided the Bonds bear the following interest rate: The Bonds mature on June I in the years and amounts as follows: Interest Interest Year Amount Rate Year Amount Rate 2000 $665,000 % 2003 $630,000 2001 655,000 —% 2004 615,000 2002 640,000 -- ---- —% Interest on the Bonds is payable on June 1, 1999 and semiannually thereafter. In making this offer, we accept the terms and conditions as defined in the Official Terms of Offering published in the Official Statement dated October 30, 1998, All blank spaces of this offer are intentional and are not to be construed as an omission. rxrfIWV lanatory Note: According to our computation, bid involves the following: Net Interest Cost (NIQ Net Interest Rate (NIQ Respectfully submitted, Account Manager a (A list of account members is on the reverse side of this bid.) The foregoing offer is hereby accepted by and on behalf of the City of Ames, Iowa, this 10' day of November, 1998. (Title) (Title) OFFICIAL BID FORM Members of the City Council City of Ames, Iowa Sale Date: November 10, 1998 For the principal amount of $3,205,000 General Obligation Refunding Bonds, Series 1998B of the City of Ames. Iowa, legally issued and as described in the Official Terms of Offering, we will pay the City $ (not less than $3,188,975) plus accrued interest on the total principal of $3,205.000 to date of delivery, provided the Bonds bear the following interest rate: The Bonds mature on June I in the years and amounts as follows: Interest Interest Year Amount Rate Year Amount Rate 2000 $665,000 % 2003 $630.000 % 2001 655,000 % 2004 615,000 % 2002 640,000 % Interest on the Bonds is payable on June 1, 1999 and semiannually thereafter. In making this offer, we accept the terms and conditions as defined in the Official Terms of Offering published in the Official Statement dated October 30, 1998. All blank spaces of this offer are intentional and are not to be construed as an omission. NOT PART OF THIS BUD: v -- Explanatory Note: According to our computation, this bid involves the following: Net Interest Cost (NIQ Net Interest Rate (NIQ Respectfully submitted, Account Manager 513 (A list of account members is on the reverse side of this bid.) The foregoing offer is hereby accepted by and on behalf of the City of Ames, Iowa, this 10' day of November, 1998. (Title) (Title)