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8.1. SR 07-15-2019
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8.1. SR 07-15-2019
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<br />POST ISSUANCE The issuance of the Bonds will result in post-issuance compliance responsibilities. The <br />responsibilities are in two primary areas: (i) compliance with federal arbitrage <br />COMPLIANCE: <br />requirements and (ii) compliance with secondary disclosure requirements. <br />Federal arbitrage requirements include a wide range of implications that have been <br />considered as this issue has been structured. Post-issuance compliance responsibilities <br />for this tax-exempt issue include both rebate and yield restriction provisions of the IRS <br />Code. In general terms the arbitrage requirements control the earnings on unexpended <br />bond proceeds, including investment earnings, moneys held for debt service payments <br />(which are considered to be proceeds under the IRS regulations), and/or reserves. Under <br />the tax-exempt status of the Bonds. Any interest earnings on gross bond proceeds or <br />debt service funds should not be spent until it has been determined based on actual facts <br /> <br />The arbitrage rules provide for spend-down exceptions for proceeds that are spent within <br />either a 6-month, 18-month or, for certain construction issues, a 24-month period each in <br />accordance with certain spending criteria. Proceeds that qualify for an exception will be <br />exempt from rebate. These exceptions are based on actual expenditures and not based <br />on reasonable expectations, and expenditures, including any investment proceeds will <br />have to meet the spending criteria to qualify for the exclusion. The Bonds are expected <br />to meet the 24-month spending exception, which will require the City to comply with the <br />following spend-down schedule: <br /> 10% spent within 6 months <br /> 45% spent within 12 months <br /> 75% spent within 18 months <br /> 100% spent within 24 months <br /> <br />Regardless of whether the issue qualifies for an exemption from the rebate provisions, <br />yield restriction provisions will apply to Bond proceeds (including interest earnings) <br />unspent after three years and the debt service fund throughout the term of the Bonds. <br />These moneys should be monitored until the Bonds are retired. <br />Secondary disclosure requirements result from an SEC requirement that underwriters <br />provide ongoing disclosure information to investors. To meet this requirement, any <br />prospective underwriter will require the City to commit to providing the information needed <br />to comply under a continuing disclosure agreement. <br />Baker Tilly Municipal Advisors, LLC will provide both arbitrage and continuing disclosure <br />services to the District under the existing Agreement for Municipal Advisor Services. <br />PURPOSE: <br />Proceeds of the Bonds will be used to finance the following: <br /> Recreational facility improvements, consisting of arena improvements, <br />community meeting/activity space, a synthetic turf field house, senior center <br />facility improvements, youth athletic complex improvements; <br /> Various park improvements related to Lions Park consisting of meeting space <br />and demo/utility space enhancements to Lions Park Center, additional playfields, <br />parking lot improvements, trail improvements, and the addition of a community <br />picnic pavilion; <br /> Page 2 <br /> <br />
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