GILMORE & BELL, P.C.
K107973/Sale Documents1
DRAFT:
AUGUST 10, 2006
G.O.
A. Excerpt of Minutes of Meeting
authorizing offering for sale of Notes and Bonds
B. Resolution for a Public Sale
C. Certificate Deeming Preliminary
Official Statement Final
E. Notice of
F. Summary Notice of
G.
H.
Official
Bid Form – Notes
I.
Official
Bid Form – Bonds
J. Sure Bid Qualification Form
EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
THE CITY OF
HELD ON AUGUST 22, 2006
The
governing body met in regular session at the usual meeting place in the City, at 6:35 p.m., the following members being
present and participating, to-wit:
Absent:
The
Mayor declared that a quorum was present
and called the meeting to order.
*
* * * * * * * * * * * * *
(Other
Proceedings)
The
matter of providing for the offering for sale of approximately $15,440,000
General Obligation Temporary Notes, Series 2006-I, and $17,260,000 principal amount of General
Obligation Bonds, Series 2006-A,
came on for consideration and was discussed.
City ________________ presented and moved the
adoption of a Resolution entitled:
RESOLUTION
AUTHORIZING THE OFFERING FOR SALE OF GENERAL OBLIGATION
TEMPORARY NOTES, SERIES 2006-I AND GENERAL OBLIGATION BONDS, SERIES 2006-A, OF THE CITY
OF LAWRENCE, KANSAS.
City ________________ seconded the motion to
adopt the Resolution. Thereupon, the
Resolution was read and considered, and, the question being put to a roll call
vote, the vote thereon was as follows:
Aye:
________________________________________________________________________.
Nay:
________________________________________________________________________.
The
Mayor declared the Resolution duly
adopted; the Clerk designating the same Resolution No. ______.
*
* * * * * * * * * * * * *
(Other
Proceedings)
[BALANCE
OF THIS PAGE INTENTIONALLY LEFT BLANK]
* * * * * * * * * * * *
* *
CERTIFICATE
I hereby certify that the foregoing
Excerpt of Minutes is a true and correct excerpt of the proceedings of the
governing body of the City of Lawrence,
Kansas, held on the date stated therein, and that the official minutes of such
proceedings are on file in my office.
(SEAL)
Clerk
RESOLUTION NO. 6674
WHEREAS, the City of
Lawrence Kansas (the "Issuer"), has heretofore authorized
certain internal improvements described as follows (the "Note
Projects"):
Project |
Resolution No. |
Authority |
Amount |
|
6502 |
K.S.A. _____ |
$ 2,168,576 |
|
6518 |
K.S.A. _____ |
$ 1,478,919 |
|
6568 |
K.S.A. _____ |
$ 154,623 |
Peterson, Kasold to |
6519 |
K.S.A. _____ |
$ 2,499,591 |
Kasold & |
6520 |
K.S.A. _____ |
$ 147,149 |
|
6585 |
K.S.A. _____ |
$ 329,294 |
Kasold, Peterson to KTA |
6566 |
K.S.A. _____ |
$ 279,230 |
KTA Sidewalks |
6670 |
K.S.A. _____ |
$ 200,700 |
Fire Station #4 2121 Wakarusa |
6546/6606 |
K.S.A. _____ |
$ 2,759,914 |
KLINK |
6646 |
K.S.A. _____ |
$ 351,225 |
23rd & Harper Geometric Imps |
6609 |
K.S.A. _____ |
$ 401,400 |
|
|
K.S.A. _____ |
$ 43,245 |
Carnegie Rehab - SAT grant |
|
K.S.A. _____ |
$ 602,100 |
Delaware Commons |
6637 |
K.S.A. _____ |
$ 190,665 |
Stone Ridge North |
6639 |
K.S.A. _____ |
$ 1,605,600 |
|
6655 |
K.S.A. _____ |
$ 2,227,770 |
Total: |
|
|
$ 15,440,000 |
WHEREAS, the governing body of the Issuer is
authorized by law to issue general obligation bonds to pay a portion of the
costs of the Note Projects; and
WHEREAS, the Issuer has not issued any general
obligation bonds or temporary notes heretofore authorized to pay any costs
related to the Note Projects; and
WHEREAS, it is necessary for the Issuer to provide
cash funds (from time to time) to meet its obligations incurred in constructing
the Improvements prior to the completion thereof and the issuance of the
Issuer's general obligation bonds, and it is desirable and in the interest of
the Issuer that such funds be raised by the issuance of temporary notes of the
Issuer; and
WHEREAS, the Issuer has heretofore authorized certain
internal improvements described as follows (the "Bond Projects,"
collectively referred to with the Note Projects as the “Improvements”):
Project |
Resolution No. |
Authority |
Amount |
KU Fire Station,
23rd & |
6547 |
K.S.A. _____ |
$
5,415,827 |
Kasold, 15th to |
6647 |
K.S.A. _____ |
$
5,123,701 |
|
6555 |
K.S.A. _____ |
$
86,424 |
|
6557 |
K.S.A. _____ |
$
799,269 |
|
6503 |
K.S.A. _____ |
$
443,165 |
|
6449 |
K.S.A. _____ |
$
1,712,013 |
Bob Billings &
Wakarusa |
6572 |
K.S.A. _____ |
$
106,798 |
Folks Rd, 6th to
Harvard |
6512 |
K.S.A. _____ |
$
1,100,794 |
|
6399 |
K.S.A. _____ |
$
209,766 |
2005 Fire Truck
Purchase |
6605 |
K.S.A. _____ |
$
697,404 |
2006 Overlay,
Phase II |
6643 |
K.S.A. _____ |
$
702,150 |
Hanscom Tappan, 2nd Plat |
6597 |
K.S.A. _____ |
$
120,420 |
N. 2nd &
Locust Geometric |
6620 |
K.S.A. _____ |
$
240,840 |
2005 Traffic
Signal Renovation |
6612 |
K.S.A. _____ |
$
301,050 |
City Hall HVAC 2nd
Floor |
6619 |
K.S.A. _____ |
$
200,379 |
Total: |
|
|
$ 17,260,000 |
WHEREAS,
the Issuer desires to issue its general obligation bonds in order to
permanently finance the costs of the Bond Projects and to retire the Issuer's
General Obligation Temporary Notes, Series 2006-I, which were issued to
temporarily finance a portion of the costs of the Bond Projects; and
WHEREAS, the Issuer desires to approve a preliminary
official statement and notice of sale and to authorize the distribution thereof
and all other preliminary action necessary to sell said general obligation
temporary notes and general obligation bonds.
BE IT RESOLVED BY THE GOVERNING BODY
OF THE CITY OF
Section 1. The Issuer is hereby authorized to
offer at competitive public sale $15,440,000
principal amount of General Obligation Temporary
Notes, Series 2006-I (the
"Notes") and $17,260,000
principal amount of General Obligation
Bonds, Series 2006-A (the
"Bonds") as described in the Notice of Sale, which is hereby approved
in substantially the form presented to the governing body this date.
Section 2. The Preliminary Official Statement,
dated August 22, 2006, is hereby approved
in substantially the form presented to the governing body this date, with such
changes or additions as the Mayor and
Clerk shall deem necessary and appropriate, and such officials and other
representatives of the Issuer are hereby authorized to use such document in
connection with the public sale of the Notes and Bonds.
Section 3. The Finance Director, in
conjunction with Gilmore & Bell, P.C., Kansas
City ("Bond Counsel"), is hereby authorized and directed to
give notice of said note and bond sale by publishing a summary of the Notice of
Sale not less than 6 days before the date of the bond sale in a newspaper of
general circulation in Douglas County,
Kansas, and the Kansas Register and by distributing copies of the Notice of
Sale and Preliminary Official Statement to prospective purchasers of the Notes
and Bonds. Bids for the purchase of the
Notes and Bonds shall be submitted upon the terms and conditions set forth in said
Notice of Sale, and shall be delivered to the governing body at its meeting to
be held on such date, at which meeting the governing body shall review such
bids and shall award the sale of the Notes and Bonds or reject all bids.
Section 4. For the
purpose of enabling the purchaser of the Notes and the purchaser of the Bonds
(collectively, the "Purchasers") to comply with the requirements of
Rule 15c2-12 of the Securities Exchange Commission (the "Rule"), the
appropriate officers of the Issuer are hereby authorized: (a) to approve the form of said Preliminary
Official Statement, and to execute the "Certificate Deeming Preliminary
Official Statement Final", in substantially the form attached hereto as Exhibit
A, as approval of the Preliminary Official Statement, such official's
signature thereon being conclusive evidence of such official's and the Issuer's
approval thereof; (b) covenant to provide continuous secondary market
disclosure by annually transmitting certain financial information and operating
data and other information necessary to comply with the Rule to certain
national repositories and the Municipal Securities Rulemaking Board, as
applicable; and (c) take such other actions or execute such other documents as
such officers in their reasonable judgment deem necessary; to enable the
Purchasers to comply with the requirement of the Rule.
Section 5. The
Issuer agrees to provide to the Purchasers within seven business days of the
date of the sale of Notes and Bonds or within sufficient time to accompany any
confirmation that requests payment from any customer of the Purchasers,
whichever is earlier, sufficient copies of the final Official Statement to
enable the Purchasers to comply with the requirements of Rule 15c2-12(3) and
(4) of the Securities and Exchange Commission and with the requirements of Rule
G-32 of the Municipal Securities Rulemaking Board.
Section 6. The Mayor,
Clerk, Finance Director, and the other officers and representatives of the
Issuer, and Bond Counsel are hereby authorized and directed to take such other
action as may be necessary to carry out the public sale of the Bonds. Such officials are also directed and
authorized to make provision for payment of the following described temporary
notes of the Issuer from proceeds of the Bonds and other available funds:
Series |
Dated Date |
Maturity Date |
Original Amount |
Outstanding Amount |
Redemption Amount |
Redemption Date |
2005-I |
September 15, 2005 |
October 1, 2006 |
$22,128,000 |
$22,128,000.00, plus interest thereon to maturity |
October 1, 2006 |
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
Section 7. This Resolution shall be in full force and effect from and
after its adoption.
ADOPTED by the governing body on August 22, 2006.
(SEAL)
Mayor
ATTEST:
Clerk
EXHIBIT A
CERTIFICATE DEEMING
PRELIMINARY OFFICIAL STATEMENT
FINAL
August 22, 2006
To: [Purchaser Name]
[
[Purchaser Name]
[
Re: $15,440,000
principal amount of General Obligation Temporary
Notes, Series 2006-I and $17,260,000 City
of Lawrence, Kansas, General Obligation
Bonds, Series 2006-A
Ladies and Gentlemen:
The
undersigneds are the duly acting Mayor and
Clerk of the City of Lawrence, Kansas
(the "Issuer"), and are authorized to deliver this Certificate to the
addressees (the "Purchasers") on behalf of the Issuer. The Issuer has heretofore caused to be
delivered to the Purchasers copies of the Preliminary Official Statement (the
"Preliminary Official Statement"), relating to the above-referenced
notes (the “Notes”) and bonds (the "Bonds").
For
the purpose of enabling the Purchasers to comply with the requirements of Rule
15c2-12(b)(1) of the Securities and Exchange Commission (the "Rule"),
the Issuer hereby deems the information regarding the Issuer contained in the
Preliminary Official Statement to be final as of its date, except for the
omission of such information as is permitted by the Rule, such as offering
prices, interest rates, selling compensation, aggregate principal amount,
principal per maturity, delivery dates, ratings, identity of the underwriters
and other terms of the Bonds depending on such matters.
Very
truly yours,
By:
Title:
By:
Title: Clerk
NOTICE OF
$15,440,000*
GENERAL OBLIGATION TEMPORARY NOTES
SERIES 2006-I
$17,260,000*
GENERAL OBLIGATION BONDS
SERIES 2006-A
OF THE CITY OF
(GENERAL OBLIGATIONS PAYABLE
FROM UNLIMITED AD VALOREM TAXES)
Bids. Sealed,
facsimile and electronic (as explained below) bids for the purchase of
General Obligation Temporary Notes, Series 2006-I (the "Notes") and
General Obligation Bonds, Series 2006-A (the "Bonds") of the City of
Lawrence, Kansas (the "City") will
be received (1) in the case of sealed and facsimile bids by the City's Finance
Director at the address and fax number hereinafter set forth and (2) in the case of electronic bids through the PARITY electronic bid submission system
(“PARITY”), until 11:00 a.m.,
local time, for the Notes and until 11:30 a.m., local time, for the
Bonds on
Tuesday,
September 12, 2006
at which time such bids will be publicly read
and will be acted upon by the governing body at its meeting to be held at 6:35
p.m. that day. No oral or auction bids
will be considered.
Terms of the Notes. The Notes will consist of fully registered notes in the denomination of $5,000 or any integral multiple thereof (the "Authorized Denomination"). The Notes will be dated September 15, 2006 (the "Dated Date") and will become due on October 1, 2007. The Notes will bear interest from the dated date at the rate determined when the Notes are sold. Interest on the Notes will be payable on April 1, 2007 and at maturity on October 1, 2007.
Redemption of Notes Prior to Maturity. The Notes are not subject to redemption prior to maturity.
Authority, Purpose and Security. The Notes are being issued pursuant to K.S.A. 10-123, ***[K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., Article 12, § 5 of the Constitution of the State of Kansas and Charter Ordinance Numbers 28 and 32 of the City,]*** all as amended and supplemented, and a resolution adopted by the governing body of the City (the "Note Resolution") for the purpose of paying a portion of the cost of certain ***[street, sewer, public building]*** and other improvements. The Notes shall be general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements, from the proceeds of general obligation bonds of the City, and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal and interest on the Notes as the same become due.
Place of Payment. The principal of and interest on the Notes will be payable in lawful money of the United States of America by check or draft of the Treasurer of the City, Lawrence, Kansas (the "Paying Agent" and "Note Registrar"). The principal of each Note and the interest thereon will be payable at maturity to the owners thereof whose names are on the registration books (the "Note Register") of the Note Registrar (the "Registered Owner") upon presentation and surrender at the principal office of the Paying Agent. Interest on each Note will be payable to the Registered Owner of such Note as of the fifteenth day (whether or not a business day) of the calendar month next preceding each Interest Payment Date (the "Record Date"): (a) mailed by the Paying Agent to the address of such Registered Owner as shown on the Note Register or at such other address as is furnished to the Paying Agent in writing by such Registered Owner; or (b) in the case of an interest payment to Cede & Co. or any Registered Owner of $500,000 or more in aggregate principal amount of Notes, by wire transfer to such Registered Owner upon written notice given to the Paying Agent by such Registered Owner, not less than 15 days prior to the Record Date for such interest, containing the wire transfer address to which such Registered Owner wishes to have such wire directed.
Note Registration. The
Notes will be registered pursuant to a plan of registration approved by the
City and the Attorney General of the State of
THE
BONDS
Terms of the Bonds. The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof (the "Authorized Denomination"). The Bonds will be dated September 15, 2006 (the "Dated Date") and will become due in principal installments on September 1 in the years as follows:
SERIES 2006-A
MATURITY |
PRINCIPAL AMOUNT* |
MATURITY |
PRINCIPAL AMOUNT* |
|
|
|
|
2007 |
|
2013 |
|
2008 |
|
2014 |
|
2009 |
|
2015 |
|
2010 |
|
2016 |
|
2011 |
|
2017 |
|
2012 |
|
2018 |
|
The Bonds will bear interest from the dated date at rates to be determined when the Bonds are sold, which interest will be payable semiannually on March 1 and September 1 in each year, beginning on March 1, 2007.
Redemption of Bonds Prior to Maturity.
General. Whenever the City is to select Bonds for the purpose of redemption, it
will, in the case of Bonds in denominations greater than the minimum Authorized
Denomination, if less than all of the Bonds then outstanding are to be called
for redemption, treat each minimum Authorized Denomination of face value of
each such fully registered Bond as though it were a separate Bond in the
minimum Authorized Denomination.
Optional
Redemption. At the option of the City, Bonds or portions
thereof maturing on September 1 in the
years 2017, and thereafter, will be subject to redemption and payment prior to
maturity on September 1, 2016, and
thereafter, as a whole at any time or in part (selection of maturities and the
amount of Bonds of each maturity to be redeemed to be determined by the City in
such equitable manner as it may determine) at any time, at the redemption price
of 100% (expressed as a percentage of the principal amount), plus accrued
interest to the date of redemption.
Mandatory
Redemption. A bidder may elect to have all or a portion of the Bonds scheduled to
mature in consecutive years issued as term bonds (the "Term Bonds")
scheduled to mature in the latest of said consecutive years and subject to
mandatory redemption requirements consistent with the schedule of serial
maturities set forth above, subject to the following conditions: (a) not less than all Bonds of the same
serial maturity shall be converted to Term Bonds with mandatory redemption requirements;
and (b) a bidder shall make such an election by completing the applicable
paragraph on the Official Bid Form.
Notice
and Effect of Call for Redemption. Unless
waived by any owner of Bonds to be redeemed, if the City shall call any Bonds
for redemption and payment prior to the maturity thereof, the City shall give
written notice of its intention to call and pay said Bonds to the Bond
Registrar. In addition, the City shall
cause the Bond Registrar to give written notice of redemption to the registered
owners of said Bonds. The Bond Registrar
shall deposit said written notice in
Authority, Purpose and Security. The Bonds are being issued pursuant to and in full compliance with the Constitution and statutes of the State of Kansas, including, without limitation, K.S.A. 10-101 et seq., K.S.A. 12-6a01 et seq., K.S.A. 12-685 et seq., Article 12, § 5 of the Constitution of the State of Kansas and Charter Ordinance Numbers 28 and 32 of the City, all as amended and supplemented, and an ordinance and resolution adopted by the governing body of the City (jointly the "Bond Resolution") for the purpose of paying the costs of certain street, sewer, public building, and other improvements in the City and paying the costs of issuing the Bonds. The Bonds shall be general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements, and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City, with the balance payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the prompt payment of the principal and interest on the Bonds as the same become due.
Place of Payment. The
principal of and interest on the Bonds will be payable in lawful money of the
United States of America by check or draft of the Treasurer of the State of
Kansas, Topeka, Kansas (the "Paying Agent" and "Bond
Registrar"). The principal of each
Bond will be payable at maturity [or earlier redemption] to the owners thereof
whose names are on the registration books (the "Bond Register") of
the Bond Registrar (the "Registered Owner") upon presentation and
surrender at the principal office of the Paying Agent. Interest on each Bond will be payable to the
Registered Owner of such Bond as of the fifteenth day (whether or not a
business day) of the calendar month next preceding each Interest Payment Date
(the "Record Date"): (a) mailed by the Paying Agent to the address of
such Registered Owner as shown on the Bond Register or at such other address as
is furnished to the Paying Agent in writing by such Registered Owner; or (b) in
the case of an interest payment to Cede & Co, by wire transfer to such
Registered Owner upon written notice given to the Paying Agent by such
Registered Owner, not less than 15 days prior to the Record Date for such
interest, containing the wire transfer address to which such Registered Owner
wishes to have such wire directed.
Bond Registration. The
Bonds will be registered pursuant to a plan of registration approved by the
City and the Attorney General of the State of
THE BONDS AND THE NOTES
Book-Entry-Only System. The
Notes and the Bonds (the "Securities") shall be initially registered
in the name of Cede & Co., as the nominee of DTC and no beneficial owner
will receive certificates representing their interests in the Securities. During the term of the Securities, so long as
the book-entry-only system is continued, the City will make payments of
principal of, premium, if any, and interest on the Securities to DTC or its
nominee as the Registered Owner of the Securities, DTC will make
book-entry-only transfers among its participants and receive and transmit
payment of principal of, premium, if any, and interest on the Securities to is
participants who shall be responsible for transmitting payments to beneficial
owners of the Securities in accordance with agreements between such
participants and the beneficial owners.
The City will not be responsible for maintaining, supervising or
reviewing the records maintained by DTC, its participants or persons acting
through such participants. In the event
that (i) DTC determines not to continue to act as
securities depository for the Securities, or (ii) the City determines that
continuation of the book-entry-only form of evidence and transfer of ownership
of the Securities would adversely affect the interests of the beneficial owners
of the Securities, the City will discontinue the book-entry-only form of
registration with DTC. If the City fails
to identify another qualified securities depository to replace DTC, the City
will cause to be authenticated and delivered to the beneficial owners
replacement Securities in the form of fully registered certificates. Reference is made to the Preliminary Official
Statement for further information regarding the book-entry-only system of
registration of the Securities and DTC.
Ratings. The City has applied to Moody's Investors Service, Inc. for ratings on the Securities.
CUSIP Numbers. CUSIP identification numbers will be printed on or assigned to the Securities, but neither the failure to print such number on or assign such number to any Security nor any error with respect thereto will constitute cause for failure or refusal by the purchaser thereof to accept delivery of and pay for the Securities in accordance with the terms of this Notice. All expenses in relation to the assignment and printing of CUSIP numbers on the Securities will be paid by the City.
Delivery and Payment. The
City will pay for printing the Securities and will deliver the Securities
properly prepared, executed and registered without cost on or about September 28, 2006, at DTC for the account(s)
of the successful bidder(s). The
successful bidders will be furnished with a certified transcript of the
proceedings evidencing the authorization and issuance of the Securities and the
usual closing documents, including a certificate that there is no litigation
pending or threatened at the time of delivery of the Securities affecting their
validity and a certificate regarding the completeness and accuracy of the
Official Statement. Payment for the
Securities shall be made in federal reserve funds, immediately available for
use by the City.
Certification as to Offering Prices. To
provide the City with information necessary for compliance with Section 148 of
the Internal Revenue Code of 1986, as amended (the "Code"), the
successful bidders will be required to complete, execute and deliver to the
City prior to the delivery of the Securities, a certificate regarding the
"issue price" of the Securities (as defined in Section 148 of the
Code), reflecting the initial offering prices (excluding accrued interest and
expressed as dollar prices) at which a substantial amount (i.e., 10% or more) of the Notes or Bonds of each maturity have been
or are expected to be sold to the public.
The term "public" excludes bond houses, brokers or similar
persons or organizations acting in the capacity of underwriters or
wholesalers. Such certificate shall
state that 10% or more of the Notes or Bonds of each maturity have been or are
expected to be sold to the public at prices no higher than such initial
offering prices. However, such
certificate may indicate that the successful bidder will not offer the
Securities for sale to the public.
BIDS FOR
NOTES AND BONDS
Submission of Bids. All
bids must be made on forms which may be procured from the Director of
Finance. No additions or alterations in
such forms shall be made and any erasures may cause rejection of any bid. Bids must be in writing, submitted in sealed
envelopes by mail or hand delivery or by facsimile, addressed to the undersigned,
and marked "Proposal for General Obligation
Temporary Notes, Series 2006-I"
or "Proposal for General Obligation Bonds, Series 2006-A", as
applicable. Written bids submitted by
facsimile should not be preceded by a cover sheet and should be sent only once
to (785)832-3405. Confirmation of receipt of facsimile bids may
be made by contacting the Director of Finance at the number listed below. Bids for the Notes must be received prior to
11:00 a.m. on the Sale Date. Bids for
the Bonds must be received prior to 11:30 a.m. on the Sale Date, accompanied by
the Deposit (as hereinafter defined), which may be submitted separately,
provided such Deposit is received by the City prior to 11:30 a.m. on the Sale
Date. The City shall not be responsible
for failure of transmission of facsimile or delivery by mail or in person of
any bid.
PARITY®.
Information about the electronic bidding services of PARITY®
may be obtained from i-Deal LLC at 1359 Broadway, 2nd
Floor, New York, New York 10018, Phone
No. (212) 849-5000.
Conditions of Bids. Bids may be submitted for the Notes and/or for the Bonds. A separate bid must be submitted for the Notes and for the Bonds. Proposals will be received for the Notes and the Bonds bearing such rate or rates of interest as may be specified by the bidders, subject to the following conditions:
For the Notes: (a)
the same rate shall apply to all Notes; (b) no interest rate may exceed a rate
equal to the daily yield for the 10-year Treasury Bond published by THE BOND BUYER, in New York, New
York, on the Monday next preceding the day on which the Notes are sold, plus
3%; and (c) no supplemental interest payments will be considered. No bid shall be for less than 99.50% of the
principal amount of the Notes and accrued interest thereon to the date of
delivery will be considered. Each bid
shall specify the total interest cost (expressed in dollars) during the term of
the Notes on the basis of such bid, the discount, if any, the premium, if any,
offered by the bidder, the net interest cost (expressed in dollars) on the basis
of such bid on the basis of such bid.
For the Bonds: (a) the same rate shall apply to all Bonds of
the same maturity year; (b) no interest rate may exceed a rate equal to the
daily yield for the 10-year Treasury Bond published by THE BOND BUYER, in New
York, New York, on the Monday next preceding the day on which the Bonds are
sold, plus 3%; and (c) no supplemental interest payments will be considered;
and (d) each interest rate specified shall be a multiple of 1/8 or 1/20 of 1%. The difference between the highest rate
specified and the lowest rate specified cannot exceed 2.00%. No bid shall be for less than 100% of the
principal amount of the Bonds and accrued interest thereon to the date of
delivery will be considered. Each bid
shall specify the total interest cost (expressed in dollars) during the term of
the Bonds on the basis of such bid, the premium, if any, offered by the bidder,
the net interest cost (expressed in dollars) on the basis of such bid and an
estimate of the TIC (as hereinafter defined) on the basis of such bid.
Each
bidder shall certify to the City the correctness of the information contained
on the Official Bid Form; the City will be entitled to rely on such
certification. Each bidder agrees that,
if it is awarded the Notes, it will provide the certification as to initial
offering prices described under the caption "Certification as to Offering
Price" in this Notice.
Good Faith Deposit.
For the Notes: A good faith deposit is not required for bids on the Notes.
For the Bonds: Each bid for the Bonds shall be accompanied by a good faith deposit (the
Deposit") in the amount of 2% of the principal amount of the Bonds payable
to the order of the City to secure the City from any loss resulting from the
failure of the bidder to comply with the terms of its bid. The Deposit may be in the form of a certified
or cashier's check drawn on a bank located in the United States of America or a
financial surety bond (the "Surety Bond") and shall be delivered to
the City at the address hereinafter set forth.
All Surety Bonds must be from an insurance or surety company rated
"AAA" by Standard and Poor's Ratings Services, a division of The
McGraw Hill Companies, Inc., and "Aaa" by
Moody's Investors Service and licensed to issue such a surety bond in the State
of
Basis of Award.
For
the Notes: The award of the
Notes will be made on the basis of the lowest net interest cost (expressed in
dollars), which will be determined by subtracting the amount of the premium bid,
if any, from or adding the amount of the discount bid, if any, to the total
interest cost to the City. If there is
any discrepancy between the net interest cost specified and the interest rates
specified, the specified net interest cost shall govern and the interest rates
specified in the bid shall be adjusted accordingly. If two or more proper bids providing for
identical amounts for the lowest net interest cost are received, the governing
body of the City will determine which bid, if any, will be accepted, and its
determination is final.
For
the Bonds: The award of the
Bonds will be made on the basis of the lowest true interest cost
("TIC"), which will be determined as follows: the TIC is the discount rate (expressed as a
per annum percentage rate) which, when used in computing the present value of
all payments of principal and interest to be paid on the Bonds, from the
payment dates to the Dated Date, produces an amount equal to the price bid,
including any adjustments for premium, if any.
Present value will be computed on the basis of semiannual compounding
and a 360-day year of twelve 30-day months.
Bidders are requested to supply an estimate of the TIC for the Bonds on
the Official Bid Form, computed as specified herein on the basis of their
respective bids, which shall be considered as informative only and not binding
on either the bidder or the City. If there is any discrepancy between the true
interest cost specified and the bid price and interest rates specified, the
specified bid price and interest rates shall govern and the true interest rates
specified in the bid shall be adjusted accordingly. If two or more proper bids providing for
identical amounts for the lowest TIC are received, the governing body of the
City will determine which bid, if any, will be accepted, and its determination
is final.
The
City reserves the right to reject any and/or all bids and to waive any
irregularities in a submitted bid. Any
bid for the Notes received after 11:00 a.m. on the Sale Date and any bid for
the Bonds received after 11:30 a.m. on the Sale Date will be returned to the
bidder. Any disputes arising hereunder
shall be governed by the laws of
ADDITIONAL
INFORMATION
Preliminary Official Statement and
Official Statement. The City has prepared a Preliminary Official
Statement dated August 22, 2006,
"deemed final" by the City except for the omission of certain
information as provided in Securities and Exchange Commission Rule 15c2-12,
copies of which may be obtained from the Director of Finance. Upon the sale of the Securities, the City
will adopt the final Official Statement and will furnish the successful
bidders, without cost, within seven business days of the acceptance of the
successful bidders’ proposal, with a sufficient number of copies thereof in
order for the successful bidders to comply with the requirements of Rule
15c2-12(b)(3) and (4) of the Securities and Exchange Commission and Rule G-32
of the Municipal Securities Rulemaking Board (jointly the
"Rules"). Additional copies
may be ordered by the successful bidders at their expense. The City's acceptance of the successful bidder's
proposal for the purchase of the Note or Bonds, as applicable, shall constitute
a contract between the City and the successful bidder for purposes of the
Rules.
Continuing Disclosure. The
Securities and Exchange Commission (the "SEC") has promulgated
amendments to its Rule 15c2-12 (the "Rule") requiring continuous
secondary market disclosure for certain issues.
In the Note Resolution and the Bond Resolution, the City has covenanted
to provide annually certain financial information and operating data and other
information necessary to comply with the Rule, and to transmit the same to
certain national repositories, the State repository, if any, and the Municipal
Securities Rulemaking Board, as applicable.
This covenant is for the benefit of and is enforceable by any Registered
Owner of the Securities. For further
information, reference is made to the caption "CONTINUING DISCLOSURE"
in the Preliminary Official Statement.
Assessed Valuation and Indebtedness. The equalized assessed tangible valuation of property within the City for computation of bonded debt limitations is $848,569,778 as of December 31, 2005. The total general obligation bonded indebtedness of the City as of the date of the Bonds and Notes, including the Securities being sold, but excluding the temporary notes to be retired with the proceeds of the Securities being sold, is $_____________.
Legal Opinion. The Securities will be sold subject to the
approving legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri,
Bond Counsel, which opinion will be furnished and paid for by the City and will
accompany the Bonds and Notes, as applicable, and will be delivered to the
successful bidder when the Securities are delivered. The opinion will also include the opinion of
Bond Counsel relating to the exclusion of the interest on the Securities from
gross income for federal income tax purposes and from computation of
Additional Information. Additional information regarding the
Securities may be obtained from the City Clerk, from the City's Director of
Finance or from Gilmore & Bell, P.C., Bond Counsel,
DATED: August 22,
2006.
By A. Ed
Mullins, Director of Finance
Written and Facsimile Bid and Good Faith Deposit
Delivery Address:
Post Office Box 708
Phone No. (785)832-3000
Fax No. (785)832-3405
SUMMARY NOTICE OF
$15,440,000*
GENERAL OBLIGATION TEMPORARY NOTES
SERIES 2006-I
$17,260,000*
GENERAL OBLIGATION BONDS
SERIES 2006-A
OF THE CITY OF
(GENERAL OBLIGATIONS PAYABLE
FROM UNLIMITED AD VALOREM TAXES)
Bids. SUBJECT to the Notice of Sale and Preliminary
Official Statement dated August 22, 2006, sealed, facsimile and electronic bids for the
purchase of General Obligation Temporary Notes, Series 2006-I (the
"Notes") and General Obligation Bonds, Series 2006-A (the
"Bonds") of the City of Lawrence, Kansas (the "City") will be received (1) in the case of sealed and
facsimile bids by the City's Finance Director at the address and fax number
hereinafter set forth and (2) in the
case of electronic bids, via PARITY®,
until 11:00 a.m., local time, for the Notes and until 11:30 a.m.,
local time, for the Bonds on Tuesday, SEPTEMBER 12, 2006. No bid
of less than 99.50% of the principal amount of the Notes and accrued interest
thereon to the date of delivery will be considered. No bid of less than 100% of the principal
amount of the Bonds and accrued interest thereon to the date of delivery will
be considered.
THE
NOTES
Note Details. The Notes will consist of fully registered notes in the denomination of $5,000 or any integral multiple thereof. The Notes will be dated September 15, 2006 and will become due on October 1, 2007. Notes will bear interest from the dated date at the rate determined when the Notes are sold. Interest on the Notes will be payable on April 1, 2007 and at maturity on October 1, 2007.
Book-Entry-Only System. The
Notes will be registered under a book-entry-only system administered through
DTC.
Paying
Agent and Note Registrar. Treasurer of the City,
Good Faith Deposit. No good faith deposit is required for the Notes.
THE
BONDS
Bond Details. The Bonds will consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof. The Bonds will be dated September 15, 2006, and will become due in principal installments on September 1 in the years as follows:
MATURITY |
PRINCIPAL AMOUNT* |
MATURITY |
PRINCIPAL AMOUNT* |
|
|
|
|
2007 |
|
2013 |
|
2008 |
|
2014 |
|
2009 |
|
2015 |
|
2010 |
|
2016 |
|
2011 |
|
2017 |
|
2012 |
|
2018 |
|
The Bonds will bear interest from the dated date at rates to be determined when the Bonds are sold, which interest will be payable semiannually on March 1 and September 1 in each year, beginning on March 1, 2007.
Book-Entry-Only System. The
Bonds will be registered under a book-entry-only system administered through
DTC.
Redemption of Bonds Prior to
Maturity. The Bonds will be subject to optional
redemption prior to maturity as provided in the Notice of Sale and Preliminary
Official Statement.
Good Faith Deposit. Each bid for the Bonds shall be accompanied by a good
faith certified or cashier's check drawn on a bank located in the
THE
NOTES AND THE BONDS
Delivery. The City will pay for printing the Notes and the Bonds (the "Securities") and will deliver the same properly prepared, executed, and registered without cost to the successful bidder on or about September 28, 2006 at DTC for the account of the successful bidder.
Assessed Valuation and Indebtedness. The Equalized Assessed Tangible Valuation for Computation of Bonded Debt Limitations for the year 2005 is $848,569,778. The total general obligation bonded indebtedness of the City as of the date of the Securities, including the Securities being sold, but excluding the temporary notes to be retired with the proceeds of the Securities being sold, is $_____________.
Approval of Bonds. The Securities will be sold subject to the legal opinion of Gilmore & Bell, P.C., Kansas City, Missouri, Bond Counsel, whose approving legal opinion as to the validity of the Securities will be furnished and paid for by the City and delivered to the successful bidder as and when the Securities are delivered.
Additional Information. Additional information regarding the
Securities may be obtained from the City's Director of Finance or from Gilmore
& Bell, P.C., Bond Counsel,
DATED: August 22,
2006.
By A. Ed
Mullins, Director of Finance
Written and Facsimile Bid and Good Faith Deposit
Delivery Address:
Post Office Box 708
Phone No. (785)832-3000
Fax No. (785)832-3405
DOCUMENT NO. _______
(Above
space for Register Office Use)
Submission
Form
Municipal
Bond Sale Notice
(K.S.A.
10-106 as amended)
TITLE OF NOTICE
OF
DOCUMENT Re: $15,440,000 General Obligation Temporary
Notes, Series 2006-I and $17,260,000 General
Obligation Bonds, Series 2006-A,
Dated September 15, 2006 of the City of Lawrence, Kansas
NUMBER OF PAGES __2___ DESIRED PUBLICATION
DATE ___September 3, 2006__________
BILL
TO: A. Ed Mullins,
Director of Finance
Please
forward 3 Affidavits of Publication of same to Gilmore & Bell, P.C.,
Any questions regarding this document should be
directed to:
NAME
Gina M. Riekhof PHONE (816)221-1000 ________
Certification
I
hereby certify that I have reviewed the attached and herein described document,
and that it conforms to all applicable Kansas Register publication
guidelines. I further certify that
submission of this item for publication in the Kansas Register is
authorized by the municipality which has issued the notice.
Authorized
Signature
Typed
Name of Signer
Position
TRANSMIT TO:
PHONE: (785) 296-3489; FAX: (785) 291-3051; EMAIL: nancyr@kssos.org
THIS
SPACE FOR REGISTER OFFICE USE ONLY
OFFICIAL BID FORM
PROPOSAL FOR THE PURCHASE OF
GENERAL
OBLIGATION TEMPORARY
NOTES
TO: A. Ed
Mullins, Finance Director September 12, 2006
For $15,440,000
principal amount of General Obligation Temporary
Notes, Series 2006-I, of the City of Lawrence, Kansas, to be dated September 15, 2006, as described in your Notice
of Note Sale dated August 22, 2006, said
Notes to bear interest as follows:
Maturity
September 1 |
Principal Amount |
Interest Rate |
2007 |
$15,440,000 |
________% |
the undersigned will pay the
par value of the Notes plus accrued interest to the date of delivery, less a
total discount, plus a total premium in the amount set forth below.
Total
interest cost to maturity at the rates specified ............................................................................ $_______________________
Discount
(if any) (not to exceed 0.50%) .................................................................................................... $______________________
Premium
(if any) ......................................................................................................................................... ($______________________)
Net
interest cost.......................................................................................................................................... $_______________________
Average annual net interest rate ...................................................................................................................................... ____________%
This proposal is subject to all terms and conditions
contained in said Notice of Note Sale, and if the undersigned is the successful
bidder, the undersigned will comply with all of the provisions contained in
said Notice. The acceptance of this
proposal by the City shall constitute a contract between the City and the
successful bidder.
Submitted
by:_________________________________
[LIST ACCOUNT MEMBERS ON
REVERSE] By:__________________________________
Telephone
No.(____)___________________________
ACCEPTANCE
Pursuant to action duly taken by the Governing Body
of the City of Lawrence, Kansas, the
above proposal is hereby accepted on September
12, 2006.
Attest:
___________________________________________ ___________________________________________
Clerk Mayor
NOTE: No additions or alterations in the above proposal form shall be
made, and any erasures may cause rejection of any bid. Sealed bids may be filed with the Director of
Finance, A. Ed Mullins,
OFFICIAL
BID FORM
PROPOSAL
FOR THE PURCHASE OF
GENERAL OBLIGATION BONDS
TO: A. Ed Mullins, Finance Director September 12, 2006
For $17,260,000 principal amount of General
Obligation Bonds, Series 2006-A,
of the City of Lawrence, Kansas, to be
dated September 15, 2006, as described in
your Notice of Sale dated August 22, 2006,
said Bonds to bear interest as follows:
Stated Maturity September 1 |
Principal Amount |
Annual Rate of Interest
|
|
Stated Maturity September 1 |
Principal Amount
|
Annual Rate of Interest
|
2007 |
$ |
__________% |
|
2013 |
$ |
__________% |
2008 |
|
__________% |
|
2014 |
|
__________% |
2009 |
|
__________% |
|
2015 |
|
__________% |
2010 |
|
__________% |
|
2016 |
|
__________% |
2011 |
|
__________% |
|
2017 |
|
__________% |
2012 |
|
__________% |
|
2018 |
|
__________% |
the
undersigned will pay the par value of the Bonds plus accrued interest to the
date of delivery, plus a total premium in the amount set forth below.
Total interest cost to maturity at the rates
specified ............................................................................................ $_______________________
Premium (if any) .................................................................................................................................................. ($______________________)
Net interest cost.................................................................................................................................................... $_______________________
Average annual net interest rate
................................................................................................................................................. ____________%
True Interest Cost .................................................................................................................................................................... ____________%]
o The Bidder elects to have the
following Term Bonds:
Maturity Date
|
Years
|
Amount
|
September 1,
____ |
_________ to _________ |
$______________ |
September 1,
____ |
_________ to _________ |
$______________ |
subject to
mandatory redemption requirements in the amounts and at the times shown above.
This proposal is subject to all
terms and conditions contained in said Notice of Sale, and if the undersigned
is the successful bidder, the undersigned will comply with all of the
provisions contained in said Notice. A
cashier's or certified check or a qualified financial surety bond in the amount
of $345,200 payable to the order of the
City, accompanies this proposal as an evidence of good faith. The acceptance of this proposal by the City
shall constitute a contract between the City and the successful bidder.
Submitted
by:_________________________________
[LIST
ACCOUNT MEMBERS ON REVERSE] By:__________________________________
Telephone
No.(____)___________________________
ACCEPTANCE
Pursuant to action duly taken by
the Governing Body of the City of Lawrence,
Kansas, the above proposal is hereby accepted on September 12, 2006.
Attest:
___________________________________________ ___________________________________________
Clerk Mayor
NOTE: No additions or alterations in the above proposal form
shall be made, and any erasures may cause rejection of any bid. Sealed bids may be filed with the Finance
Director, A. Ed Mullins,
Notice of
Appendix B
Facsimile: 212/339-3488
Phone: 212/339-3423
TO:
Sure-Bid
FROM:
Gilmore & Bell, P.C.
Attn: Gina M.
Riekhof
RE: Sure-Bid Qualified Issue
Issue Information:
Name of City & State
Name of Issue: General Obligation Bonds,
Series 2006-A
Par Amount of Issue: $17,260,000
Principal Maturity Dates (years, from -to):
September 1, 2007 to September 1, 2018
Good Faith Deposit Amount: $345,200
Advisor's Name: Telephone: Facsimile:
Gilmore & Bell, P.C.,
Principal Contact (if other than advisor): Telephone: Facsimile:
Ed Mullins, City
of
Wiring Instructions (Account where good
faith deposit should be sent)
Bank's Name: Credit
to:
Contact Name & Phone # @ Bank:
Send Sure-Bid Surety Bond To (name,
address, city, state, Zip):
Attention: Telephone: Facsimile: