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HomeMy WebLinkAbout19-99 RESOLUTIONRESOLUTION NO i 9-94 A RESOLUTION APPROVING A LETTER AGREEMENT WITH STEPHENS, INC. TO PERFORM UNDERWRITING SERVICES IN CONNECTION WITH THE PROPOSED ISSUANCE OF WATER AND SEWER REFUNDING BONDS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby approves a letter agreement with Stephens, Inc. to perform underwriting services in connection with the proposed issuance of water and sewer refunding bonds; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the letter agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of February 1999. APPROVED: /f By. APPROVED: e/F Fr6d Hanna, Mayor • • • • Stephens Inc. February 1, 1999 Honorable Fred Hanna Mayor City of Fayetteville 113 West Mountain Fayetteville, AR 72701 EXHIBIT A RE: Underwriting Services - Refunding of the City of Fayetteville's Water and Sewer System Revenue Bonds, Series 1992 Dear Mayor Hanna: Stephens Inc. is pleased to provide underwriting services for the City of Fayetteville in connection with refunding the City's 1992 Water and Sewer System Revenue Bonds. This letter is to serve as an Engagement Agreement between the City of Fayetteville and Stephens Inc. for underwriting services. Our scope of services will be as submitted in our proposal to the City's RFC) 98-8. As indicated in our proposal, we will provide the City with an analysis of financing options, debt schedules, and prepare a report on pricing the bonds. In addition, we will be available to make presentations to review and explain the financing alternatives. Once a structure is complete, we will then, based on your approval, offer the bonds. To initiate this process, we would request that the City of Fayetteville agree to designate Stephens Inc. as underwriter for the proposed financing. It is understood the City will not be obligated to our firm for underwriting costs in the event the bonds are not sold or in the event the City Council fails to adopt an Ordinance approving the bond issue. Our compensation will be limited solely to the sell of the bonds, the terms of which, including the underwriting discount, will be subject to the City's approval. In any event, the underwriting fee will not exceed .90% of the issue. Stephens agrees to pay all travel, phone, and computer expenses from the underwriter's discount. All other costs relating to the issuance of the bonds will he paid from bond proceeds or from existing funds. If the foregoing is in accordance with your understanding and our previous discussions, please execute the acceptance below. We look forward and appreciate the opportunity to work with you on this issue. Accepted this ice day of fiaro fre y /fff DH/kg Respectfully submitted, By: l l JF.►wn. i4 f0.71 By: Stephens Inc. ayor, City of Fayetteville Investment Bankers Executive Square • 21 West Mountain, Suite 300 • Fayetteville, Arkansas 72701 501-521-4708 Fax 501-521-6770 • FAYETTEVILLE THE CITY Of FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE 642_ 41_ cleAff, To: Brian Swain, Admin. Services From. Heather Woodruff, City Clerk Date: February 10, 1999 Attached arc copies of the resolution and agreement with Stephens Inc. for your records. 1 am also returning one original agreement for you to distribute. The original will be microfilmed and filed with the city clerk. cc. Internal Auditor File • STAFF REVIEW FORM YYxx AGENDA REQUEST CONTRACT REVIEW W/S BOND REFUND IILB. 1 Eeco / 9- 9g MIcRc)vTI. MED For the Fayetteville City Council meeting of February 2. 3999 FROM: Brian Swain Adm. Servirea_P)ir. Adm. Services Name Division Department ACTION REQUIRED: WATER AND SEWER REFUNDING BONDS: A resolution approving a letter agreement with Stephens, Inc. to perform underwriting services in connection with the proposed issuance of water and sewer refunding bonds. The cost is $9.50 per $1,000 of bonds issued to be paid from bond proceeds. COST TO CITY: S 76.000 est. Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Sudget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: �17ti.4i f 4airn.w /-N49 Acco• r iri Man, ger City Att•rney NtkR Purchasing Officer Date ADA Coordinate Al Date /-75/4,-4 tar . —/k71—n Date -I4-99 Date In ernal Auditor Date STAFF RECOMMENDATION: Staff recommends approval of the agreement. K Di ision lde jl0 Date v�Q� (iuo ls,41a4et epartment Director Date Administrjtive Services Director Date // Mayor Date crass Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS W/S BOND REFUND 11I.B.2 TO: Fayetteville City Council THRU Fred B. Hanna, Mayor FROM: Kevin D. Crosson, Administrative Services Director] DATE: January 13, 1999 RE: Underwriter Services Selection - Proposed Water & Sewer Bond Refunding (Series 1992) On January 4, 1999, the City of Fayetteville convened a professional selection committee for the purpose of selecting a firm for underwriting services for the proposed refunding of Series 1992 Water & Sewer bonds. The committee was composed of five voting members: Emma Badgley Accounting Coordinator Kevin Crosson Administrative Services Director Brian Swain Asst. to the Adm. Services Director Trent Trumbo Alderman Charles Venable Public Works Director In addition, Peggy Vice, Purchasing Manager, served on the committee as a non-voting advisory member. The committee selected from firms that submitted responses to the City's Request for Proposals (RFP) #98-8. A vote was taken by the committee in accordance with the City's purchasing policy regarding professional service and Stephens, Inc. was selected as the undenvriter on this proposed issue. A copy of Stephens, Inc. reponse to the RFP is on file in the Purchasing Office. The process for negotiating a contractual agreement that conformed with the RFP was initiated. Based on those negotiations, the attached Letter of Engagement was drafted The proposed agreement conforms to the City's RFP and is for a fee of $9.50 per $1,000 of bonds issued For example, if the issue were for $8,000,000 (which represents the approximate amount of the proposed refunding), the underwriter's discount would be for $76,000. As mentioned in the Letter of Engagement, the fee for services is contingent upon the Bonds being sold and the transaction closed 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-5257 W/S BOND REFUND III.B.3 Based on a preliminary review of the existing 1992 bond issue, it would appear that the City can save several hundred thousand dollars by refinancing the bonds including issuance costs and premiums paid for early retirement of the bonds. One of the first tasks the underwriter performs Will be to undertake a financial review of the current issue to determine the options available for refunding and to establish the cost/benefit ratio of each alternative. If a determination is made that proceeding with the refunding is not in the best financial interest of the City, we will not proceed. However, unless the current interest rates increase significantly, we expect that the issue should be able to go to market by the first part of June. Should you have any questions, please feel free to contact me. Thank you for your consideration of this matter KDC/bts W/S BON 111:B.4 REFUND Stephens Inc. February I, 1999 Ilonorablc Fred Ilanna Mayor City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Underwriting Services - Refunding of the City of Fayetteville's Water and Sewer System Revenue Bonds, Series 1992 Dear Mayor Hanna: Stephens Inc. is pleased to provide underwriting services for the City of Fayetteville in connection with refunding the City's 1992 Water and Sewer System Revenue Bonds. This letter is to serve as an Engagement Agreement between the City of Fayetteville and Stephens Inc. for underwriting services. Our scope of services will be as submitted in our proposal to the City's RFQ 98-8. As indicated in our proposal, we will provide the City with an analysis of financing options, debt schedules, and prepare a report on pricing the bonds. In addition, we will be available to make presentations to review and explain the financing alternatives. Once a structure is complete, we will then, based on your approval, offer the bonds. To initiate this process, we would request that the City of Fayetteville agree to designate Stephens Inc. as underwriter for the proposed financing. It is understood the City will not be obligated to our firm for underwriting costs in the event the bonds are not sold or in the event the City Council fails to adopt an Ordinance approving the bond issue. Our compensation will be limited solely to the sell of the bonds, the terms of which, including the underwriting discount, will be subject to the City's approval. In any event, the underwriting fee will not exceed .90% of the issue. Stephens agrees to pay all travel, phone, and computer expenses from the underwriter's discount. All other costs relating to the issuance of the bonds will be paid from bond proceeds or from existing funds. If the foregoing is in accordance with your understanding and our previous discussions, please execute the acceptance below. We look forward and appreciate the opportunity to work with you on this issue. Accepted this day of DI l/kg Respectfully submitted, By: P.wrra. l-! (-51- Stephens Inc. By: Mayor, City of Fayetteville Investment Bankers Executive Square • 21 West Mountain, Suite 300 • Fayetteville. Arkansas 72701 501-521-4708 Fax 501-521-6770 Stephens Inc. March 25, 1999 Mr. Kevin Crosson Administrative Services Director City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 wg Pts 19-99 RE: City of Fayetteville, Arkansas Water and Sewer System Refunding Revenue Bonds, Series 1999 Dear Mr. Crosson: On February 2, 1999 the Fayetteville City Council retained Stephens, Inc. to initiate the preliminary steps to offer refunding bonds to refund the City's Water and Sewer Improvement and Refunding Revenue Bonds, Series 1992. Following the Council's authorization, we have prepared the necessary offering documents to allow the City to market the refunding issue. This refunding is estimated to result in a net savings to the City of approximately $533,622. Outlined below is a comparative analysis of the existing Scrics 1992 Bond Issue to the proposed refunding issue. Comparative Analysis Issue Maturity Interest Rate Total Principal & Interest Cost Net Savings Existing 1992 2012 5.99% $12,281,300.00 N/A Proposed Refunding 1999 2012 4.30% $11,364,145.00 5533,622.67 This savings is identical to the savings presented to the City Council on February 2, 1999. A detailed financial analysis of this savings is also attached for your review. We have also attached a schedule of events that identifies the steps that have been taken to date and the necessary actions to complete this refunding. Based on this schedule, we would anticipate offering this refunding issue on April 13, 1999 and closing on this issue on May 27, 1999. I will be available to update the City Council on this financing and answer any questions during the March 30, 1999 agenda meeting. Please call me if you have any questions prior to the meeting. DI-I/kg Sincerely, liMM.an Den is Bunt Investment Bankers Executive Square • 21 West Mountain, Suite 300 • Fayetteville, Arkansas 72701 501-521-4708 Fax 501-521-6770 Date Principal City of Fayetteville, AR Series 1999 Refunding Issue Proposed Debt Service Coupon Interest CiUUDEMUMMVSUM Savings Report Total Prior Debt Service Savings emulative Savings 8/15/99 2/15/ 0 8/15/ 0. 2/15/ 1 8/15/ 1 2/15/ 2 8/15/ 2 2/15/ 3 8/15/ 3 2/15/ 4 8/15/ 4 2/15/ 5 8/15/ 5 2/15/ 6 8/15/ 6 65,000.00 455,000.00 465,000.00 3.300000 3.400000 3.550000 490,000.00 3.650000 505,000.00 3.750000 530,000.00 3.850000 545,000.00 3.950000 570,000.00 4.050000 2/15/ 7 8/15/ 7 595,000.00 4.150000 2/15/ 8 8/15/ 8 620,000.00 4.200000 2/15/ 9 8/15/ 9 2/15/10 8/15/10. 2/15/11 8/15/11 645,000.00 670,000.00 700,000.00 2/15/12 8/15/12 1,535,000.00 ACCRUED 8,390,000.00 8,390,000.00 Dated 5/ 1/99 Bond Years Average Coupon Average Life M 1 C % T 1 C % Arbitrage Yield 4.300000 4.400000 4.500000 4.600000 99,961.33 171,937.50 171,937.50 164,202.50 164,202.50 155,948.75 155,948.75 147,006.25 147,006.25 137,537.50 137,537.50 127,335.00 127,335.00 116,571.25 116,571.25 105,028.75 105,028.75 92,682.50 92,682.50 79,662.50 79,662.50 65,795.00 65,795.00 51,055.00 51,055.00 35,305.00 35,305.00 164,961.33 798,875.00 793,405.00 801,897.50 799,012.50 803,075.00 799,670.00 803,142.50 805,057.50 805,365.00 804,325.00 801,590.00 802,110.00 1,605,610.00 587,065.00 834,130.00 830,700.00 422,103.67 35,255.00 37,295.00 38,571.17 73,826.17 111,121.17 835,950.00 34,052.50 145,173.67 834,530.00 35,517.50 180,691.17 840,110.00 83879000 840,327.50 35,035.00 39,120.00 37,185.00 215,726.17 254,846.17 292,031.17 839,615.00 34,557.50 326,588.67 841,870.00 36,505.00 363,093.67 841,470.00 838,657.50 838,067.50 37,145.00 37,067.50 35,957.50 400,238.67 437,306.17 473,263.67 1,640,017.50 34,407.50 507,671.17 3,000,096.33 25,951.50 2,974,144.83 11,390,096.33 25,951.50 11,364,144.83 with Delivery of 5/28/99 69,723.778 4.302831 8.310343 4.302831 % Using 100.0000000 4.286033 2 From Delivery Date 4.286033 2 N 0 T E : Cumulative Savings are Net of Net Present Value Savings at: 4.2860% Equals N 0 T E : Present Value Savings are Net the Initial 12,281,300.00 12,281,300.00 ._. 507,671.17 25,951.50 533,622.67 ====:======:.. Transfer Amount of 383,532.50 418,757.75 of the Initial Micro -Muni Debt Date: 01-14-1999 a 17:07:50 or 4.9912% of Par of the Current Issue or 5.13112 of Par of the Prior Issue Transfer Mont of 383,532.50 Filename: FAT Key: MEN • City of Fayetteville, AR Series 1999 Refunding Issue Sources and Uses of Funds y Delivery Date: 5/28/99 Sources of Funds ccossc== Par Amount of Bonds 58,390,000.00 *Premium /-Discount $0.00 Bond Proceeds Accrued Interest Assumed DSR Balance Assumed Band Fund Balance Uses of Fads Cost to Retire Bonds Cost of Issuance ( 1.800000%)... Accrued Interest Debt Service Reserve Contingency Micro -Muni Siting Date: 01-14-1999 2 17:07:24 8,390,000.00 25,951.50 800,000.00 383,532.00 59,599,483.50 8,621,065.00 151,020.00 25,951.50 800,000.00 1,447.00 59,599,483 50 Filename: FAT Key: NEU Date Principal City of Fayetteville, AR Debt Outstanding - Series 1992 Debt Service Schedule Coupon Interest Period Total Fiscal Total 8/15/99 2/15/ 0 8/15/ 0 2/15/ 1 8/15/ 1 360,000.00 380,000.00 395,000.00 4.700000 4.850000 5.000000 2/15/ 2 8/15/ 2 420,000.00 5.100000 2/15/ 3 8/15/ 3 440,000.00 5.550000 2/15/ 4 8/15/ 4 2/15/ 5 8/15/ 5 2/15/ 6 8/15/ 6 470,000.00 495,000.00 525,000.00 5.600000 5.750000 5.850000 2/15/ 7 8/15/ 7 555,000.00 5.900000 2/15/ 8 8/15/ 8 590,000.00 6.000000 2/15/ 9 8/15/ 9 2/15/10 8/15/10 2/15/11 8/15/11 625,000.00 660,000.00 700,000.00 2/15/12 8/15/12 1,545,000.00 ACCRUED 8,160,000.00 8,160,000.00 Dated 2/15/99 with Del Bond Years Average Coupon Average Life M I C % T I C % Arbitrage Yield Micro -Mini Debt Date: 6.050000 6.150000 6.150000 6.150000 227,065.00 227,065.00 227,065.00 217,850.00 217,850.00 207,975.00 207,975.00 197,265.00 197,265.00 185,055.00 185,055.00 171,895.00 171,895.00 157,663.75 157,663.75 142,307.50 142,307.50 125,935.00 125,935.00 108,235.00 108,235.00 89,328.75 89,328.75 69,033.75 69,033.75 587,065.00 227,065.00 607,065.00 217,850.00 612,850.00 207,975.00 627,975.00 197,265.00 637,265.00 185,055.00 655,055.00 171,895.00 666,895.00 157 663 75 68266375 142,307.50 697,307.50 125,935.00 715,935.00 108,235.00 733,235.00 89,328.75 749,328.75 69,033.75 769,033.75 587,065.00 834,130.00 830,700.00 835,950.00 834,530.00 840,110.00 838,790.00 840,327.50 839,615.00 841,870.00 841,470.00 838,657.50 838 067 50 47,508.75 47,508.75 47,508.75 1,592,508.75 1,640,017.50 4,121,300.00 12,281,300.00 4,121,300.00 12,281,300.00 e:ee:eveceveve seseserweewe ivery of 2/15/99 68,830.000 5.987651 8.457108 5.987651 1 Using 100.0000000 5.945479 % From Delivery Date 5.965824 % 01-14-1999 a 17:01:31 Filename: fay Key: old • Original Date Principal Original Capon Interest City of Fayetteville, AR Debt Outstanding - Series 1992 Debt Service and Call Report Original Debt Service Principal To Escrow Call Premium Interest To Escrow Debt Service To Escrow 6/15/99 2/15/ 0 8/15/ 0 2/15/ 1 8/15/ 1 • 360,000.00 380,000.00 395,000.00 4.700000 4.850000 5.000000 2/15/ 2 8/15/ 2 420,000.00 5.100000 2/15/ 3 8/15/ 3 440,000.00 5.550000 2/15/ 4 8/15/ 4 2/15/ 5 8/15/ 5 2/15/ 6 8/15/ 6 2/15/ 7 8/15/ 7 2/15/ 8 8/15/ 8 2/15/ 9 8/15/ 9 2/15/10 8/15/10 2/15/11 8/15/11 470,000.00 495,000.00 525,000.00 5.600000 5.750000 5.850000 555,000.00 5.900000 590,000.00 6.000000 625,000.00 660,000.00 700,000.00 6.050000 6.150000 6.150000 2/15/12 8/15/12 1,545,000.00 6.150000 6,160,000.00 Dated 2/15/99 with D Bond Years Average Coupon Average Life 227,065.00 227,065.00 227,065.00 217,850.00 217,850.00 207,975.00 207,975.00 197,265.00 197,265.00 185,055.00 185,055.00 171,895.00 171,895.00 157,663.75 157,663.75 142,307.50 142,307.50 125,935.00 125,935.00 108,235.00 108,235.00 89,328.75 89,328.75 69,033.75 69,033.75 47,508.75 47,508.75 587,065.00 227,065.00 607,065.00 217,850.00 612,850.00 207,975.00 627,975.00 197,265.00 637,265.00 185,055.00 655,055.00 171,895.00 666,895.00 157,663.75 682,663.75 142,307.50 697,307.50 125,935.00 715,935.00 108,235.00 733,235.00 89,328.75 749,328.75 69,033.75 769,033.75 47,508.75 1,592,508.75 8 160 000 00 234,000.00 227,065.00 8,621,065.00 4,121,300.00 elivery of 2/15/99 68,830.000 5.987651 8.457108 Call Call No. Date 12,281,300.00 8,160,000.00 saga=.aaa=aaass Calls Performed cava==a=assess First Last Maturity Maturity Called Called 1) 8/15/99 8/15/ 0 8/15/12 Micro -Mui Debt 234,000.00 227,065.00 8,621,065.00 Principal Call Called Price 7,800,000.00 103.000 Call Premium 234,000.00 7,800,000.00 Date: 01-14-1999 2 17:02:00 Filename: fay 234,000.00 Key: old • CITY OF FAYETTEVILLE Water and Sewer Refunding Revenue Bonds, Series 1999 Schedule of Events February 2 April 1 7;41.4 3 4 5 6 7 8 9 10 11 12 13 14 15 4K6t t . '" coli/ iglr 18 19 20 21 22 23 24 25 26 27 L 28 16 March 31 17 18 April 7 19 March 2 April 2 3 4 5 6 7 8 I 2 I1 3 4 14 5 ._}x'16. 17 t . '" coli/ i8(. 9 21 10 .v.;1',,_ 11 6;<; 26 'r'• igi 14 15 16 March 31 17 18 April 7 19 Kutak Rock ..-:1, Distribute Preliminary Official Statement to investors. 21 22 23 ,:,; 23? 25 Stephens 26 Commitment to underwrite Bonds. 27 28 29 30 April 24 1 March May 2 3 2 3 4 5 6 7 8 9 10' I1 12 13 14 " ._}x'16. 17 18 19 20 21 22 23 26 ,45,. 26 27 28 29 30 Stephens March 31 Final draft of Preliminary Official Statement distributed. Kutak Rock April 7 Print Preliminary Official Statement. Kutak Rock April 8 Distribute Preliminary Official Statement to investors. Stephens April 12 May 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 "27. 28 29 30 31 Determination from rating agencies. Stephens March 31 Final draft of Preliminary Official Statement distributed. Kutak Rock 1999 Date Event Responsible Parties February 2 Authorization to retain underwriter. City of Fayetteville February 16 Authorization to retain bond counsel. City of Fayetteville February 17 Organizational meeting on plan of finance and time schedule. All parties March 1 Distribute first draft of financing documents. Kutak Rock March 10 Conference call for comments on financing documents. All parties March 15 Distribute black -lined financing documents. Kutak Rock March 16 Distribute financing documents to rating agencies. Stephens March 24 Conference call with comments on black -lined financing documents. All parties March 30 Review Refunding Savings with the Fayetteville City Council. Stephens March 31 Determination from rating agencies. Stephens March 31 Final draft of Preliminary Official Statement distributed. Kutak Rock April 7 Print Preliminary Official Statement. Kutak Rock April 8 Distribute Preliminary Official Statement to investors. Stephens April 12 Pre -pricing meeting with the City. Stephens April 13 Offer bonds. Stephens April 15 Commitment to underwrite Bonds. Stephens April 20 Bond ordinance presented to the City. Kutak Rock / Stephens April 24 Publish bond ordinance. Kutak Rock / City of Fayetteville May 27 Closing. All parties 03/25/99