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HomeMy WebLinkAbout2004-171 Council Resolution• CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 04-171 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; and WHEREAS, by Resolution No. 04 -42 approved January 12, 2004 (the "Prior Resolution "), the City Council approved a resolution declaring its intent to reimburse from bond proceeds for the cost of public improvements related to the Legacy at Woods Edge project; and WHEREAS, in order to comply with the Reimbursement Regulations in all respects, the City Council has determined to make this declaration of official intent ( "Declaration ") to reimburse certain costs from proceeds of bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake the following projects (the "Project "). Legacy at Woods Edge Public Improvements 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 $8,500,000. 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 Tong -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. 6. This Declaration supersedes the Prior Resolution in all respects. Approved by the City Council of the City of Lino Lakes this day of Alb y _ , 2004. Attest: City Clerk, Ann lair CITY OF LINO LAKES, MINNESOTA Mayor, YJ'ohn Be' geso • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM •E Michael Grochala November 8, 2004 Resolution No. 04 -171, Declare Intent to Bond. Legacy at Woods Edge 3/5 - simple majority The internal Revenue Code requires Cities to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non- binding declaration that must take place in order to finance projects in this manner. The City Council approved Resolution No. 04 -42 Declaring the City's Intent to Bond for the Legacy at Woods Edge improvements in March of 2004. However, due to changes in the regulatory citations governing such requirements the City's bond consul has recommended adopting a new updated resolution. RECOMMENDATION Staff is recommending adoption of Resolution No. 04 -171 ATTACHMENTS 1. Resolution No. 04 -171