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City of Ramsey, Minnesota <br />December 2, 1998 <br /> <br />Federal Treasury Regulations Concerning <br />Tax-Exempt Obligations <br /> <br />(a) Bank Quafification <br /> <br />(b) Rebate Requirements <br /> <br />(c) Bona Fide Debt Service Fund <br /> <br />(d) Economic Life <br /> <br />Under Federal Tax Law, financial institutions <br />cannot deduct from income for federal <br />income tax purposes, income expense that <br />is allocable to carrying and acquiring <br />tax-exempt bonds. There is an exemption to <br />this for "bank qualified" bonds, which can be <br />so designated if the issuer does not issue <br />more than $10 million of tax exempt bonds <br />in a calendar year. Issues that are bank <br />qualified receive slightly bower interest rates <br />than issues that are not bank qualified. We <br />understand the City does not expect to issue <br />more than $10 million in 1999, therefore the <br />bonds are designated as bank qualified. <br /> <br />All tax-exempt issues are subject to the <br />federal arbitrage and rebate requirements, <br />which require all excess earnings created by <br />the financing to be rebated to the <br />U.S. Treasury. The requirements generally <br />cover two categories: bond proceeds and <br />debt sen/ice funds. There are exemptions <br />from rebate in both of these categories. <br />Since the City expects to issue less than <br />$5,000,000 of tax-exempt obligations in <br />1999, it wilt qualify for the "small issuer" <br />exemption and thus be exempt from <br />rebating earnings on bond proceeds. <br /> <br />The City must maintain a bona fide debt <br />service fund for the bonds or be subject to <br />yield restriction or pay back excess <br />investment earnings in the debt service fund <br />to the federal government. A bona fide debt <br />service fund is a fund for which there is an <br />equal matching of revenue to debt sen/ice <br />expense, with carry over permitted equal to <br />the greater of the investment earnings in the <br />fund during that year or 1/12 the debt <br />service of that year. <br /> <br />The average life of the bonds cannot exceed <br />120% of the economic life of the project to <br />be financed. The economic life of buildings <br />is 40-50 years. Therefore, the bonds are <br />within the economic life requirements. <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br /> I <br /> I <br /> <br />I <br />I <br />I <br />I <br /> <br />I <br />! <br /> <br />10. Continuing Disclosure <br /> <br />This issue is subject to the SEC's continuing <br />disclosure requirements. The SEC rules <br />require the City to undertake an annual <br />update of its Official Statement information <br />and report any material events to the <br /> <br />I <br />I <br /> <br />Page 2 <br /> <br /> <br />