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HomeMy WebLinkAboutCCRes_86-12No . R-86-12 CITY OF FALCON HEIGHTS • C O U N C I L R E S O L U T I O N ______ Date Febr arv 12, 1986 A RESOLUTION RELATING TO THE TAX REFORM ACT OF 1985, H.R. 3838 RESOLVED, That the City Council of the City of Falcon heights and its legal and financial advisors have studied and discussed the provisions of H.R. 3838. RESOLVED, That these provisions in H.R. 3838 that deal with tax exempt bonds will seriously affect state and localities. RESOLVED, That the specific concern relate to the following provisions listed below: 1) Requires five percent (5~) of all bond proceeds dispersed or spent within thirty (30) days of bond closing. 2) Requires all bond proceeds to be dispersed within six months of closing or arbitrage rebates must be filed with the federal government during the life of the bond issue. • 3) Requires all bond proceeds for property acquisition or easement acquisition be dispersed within thirty (30) days of closing. 4) Distinguishes between essential and non-essential bond portions. Non-essential bonds would be subject to volume cap restrictions within federal/state guidelines that would be finalized over the next year. 5) Taxable bonds would be sold for projects when five percent or more of the bond proceeds (up to five million dollars) were loaned or ten percent or more of the bond proceeds (up to ten million dollars) -- _ are used by persons other than a government unit, directly or indirectly. Moved by Mayor Baldwin Approved by f ,~ ~~ J Mayor Seconded by Councilmember Ciernia Yeas Nays ~ALDWIN ~ in Favor ~IERNIA Y~RD ~ Against CHENOWETH .;dopte3 by Council February 26, 1986 ~/ ~/~,~ Dat Attested by . ,~~~{' Clerk Administrate ~/mar s~~ Date R-86-12 • 6) Provides for bond issues to be taxable for failure to comply with federal government additional administrative reports listing the owners of the bonds and documents complying with new arbitrage calculations. RESOLVED, That these provisions will result in higher issuance costs when tax exempt bonds are issued, higher interest costs for tax exempt bonds and additional administrative expenses after tax exempt bonds are issued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights that: 1) Existing federal arbitrage rules and regulations adequately deal with the dispersement of bond proceeds issued by governmental entities that provide governmental services. 2) The federal government should not impose any volume cap limits on tax exempt bonds issued by governmental entitles to provide governmental services. 3) The federal government remove the retroactive taxability requirement on tax exempt bonds issued after January 1, 1986. 4) The proposed effective date for any federal law be • established only after the federal law is signed by the President and after state and/or local governments have time to adopt the necessary legislation but in no event shall the effective date be sooner than January 1, 1987.