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HomeMy WebLinkAbout2013-018 Council ResolutionCITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 13-18 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the "Reimbursement Regulations ") providing that proceeds of tax- exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond; WHEREAS, the City has determined to make this declaration of official intent ( "Declaration ") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake improvements to Otter Lake Road (the "Project "). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $732,500. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. • • 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the Council of the City of Lino Lakes this 28 day of Jan , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member O' Donnell and upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: Juli.nne Bartell, C. Clerk Jeff Rei e S ayor • • STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6Av Michael Grochala January 28, 2013 Consideration of Resolution No. 13 -08, Declare Intent to Bond. Otter Lake Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Road The improvement project to extend Otter Lake Road is planned to commence in summer of 2013. Staff is requesting council approval to declare the City's intent to bond for the proposed improvements. BACKGROUND The Otter Lake project was initiated by the City Council in May of 2011. The estimated project cost is $732,500. WSB and Associates have completed the preparation of plans and the city has begun the land acquisition process. The project is proposed to be funded by special assessments and financed by the issuance of General Obligation Improvement Bonds. The Internal Revenue Code requires cities to declare their intent to reimburse project costs from bond proceeds prior to encumbering project costs. Preliminary expenditures such as architectural, engineering, surveying, bond issuance, and similar costs are exempt from this provision. This is a non - binding declaration that must take place in order to finance projects in this manner. RECOMMENDATION Staff is recommending adoption of Resolution No. 13 -48. ATTACHMENTS 1. Resolution No. 13 -08