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HomeMy WebLinkAbout1992-003 Council ResolutionCouncil member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 03 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Lino Lakes, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with reimbursement bond proceeds, which would include those proceeds of the City's bonds to be used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued taxable or tax exempt borrowings, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the bonding occur and the reimbursement allocation be made from the proceeds of such bonds within one year of the payment of the expenditure (or not later than one year after the project is placed in service, if that is a longer period) , and that the expenditure relate to property having a reasonably expected economic life of at least one year. (c) The City desires to comply with requirements of the Regulations and to establish certain procedures relating thereto. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have made an official declaration of its reasonable intent (hereinafter referred to as the "Official Intent Declaration" or the "Declaration") to reimburse itself for previous paid project expenditures out of the proceeds of subsequently issued taxable or tax exempt bonds or other borrowings. The Council hereby authorizes the City Administrator to make the City's Official Intent Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made prior to the time the City pays the applicable project cost and shall state that the City intends to reimburse itself for the expenditure out of the proceeds of a taxable or tax exempt" bond issuance, debt, or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution. (b) Each Declaration shall and is hereby declared to be made and filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public and maintained or otherwise supervised by the officials authorized herein to make such Declarations. (c) Each Declaration shall be available for inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the making of the Declaration or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. Each Declaration shall contain a reasonably accurate general functional description of the type and use of the property for which the expenditure to be reimbursed is paid, including sufficient information so that a person who is not familiar with the property would generally understand the nature and function of that property. (d) Each Declaration shall identify the reasonably expected source or sources of funds that will be used by the City to pay the reimbursement expenditure (prior to and in anticipation of the issuance of the reimbursement bonds), together with the reasonably expected source or sources of funds to be used by the City to pay the debt service on the reimbursement bonds (for example, project revenues, ad valorem tax revenues, special assessments, grant and loan receipts, utility revenues, tax increments, and/or other revenues). (e) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City will not ultimately be issuing reimbursement bonds to provide long term financing for the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations in general and their application in particular circumstances. (f) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Official Intent Declarations, including recommendations on the timing of the issuance of such bonds so that the "reimbursement allocation" described in the Regulations and in the paragraph 3 below can be made within the time limits prescribed in the Regulations. (g) This Resolution shall be deemed to incorporate any amendments to the proposed Regulations made in connection with their final adoption, and to the extent that the provisions of this Resolution may differ from those finally adopted Regulations, this resolution shall be deemed to have been amended thereby and to incorporate said revised or additional requirements. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of reimbursement bond proceeds to reimburse the source of temporary financing used by the City to make payment of the prior expenditure. Each allocation shall be evidenced by an entry on the official books of the City maintained for such reimbursement bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the bond proceeds involved from any restriction under the bond resolution or other relevant legal documents for those bonds and under any applicable state statute which would apply to the unspent proceeds of such bond issue. Adopted by the City Council of Lino Lakes this 13th day of January, 1992. EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and City Administrator of the City of Lino Lakes, Minnesota ( the "City"), pursuant to and for the purpose of compliance with Treasury Regulations Section 1.103-17 (the "Regulations") under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City, the City Council, to make and execute this Declaration of Official Intent ( the "Declaration") for and on behalf of the City. 2. Attached to and made a part of the Declaration is an Exhibit A itemizing one or more costs (the "Costs"), describing the project or projects of the City to which each of such Costs relates, and providing an accurate general functional description of the type and use of the property to which each of said Costs relates, including sufficient information on the nature and function of the underlying property. 3. None of the Costs has heretofore been paid by the City and none of the Costs will be paid by the City until after the date of this declaration. Each of the Costs relates to property having a useful life of at least one year. 4. The City intends to reimburse itself for the payment of the Costs out of the proceeds of tax exempt debt (the "Bonds") to be issued by the City after the date of payment of the Costs. In the meantime, the City reasonably expects to pay and temporarily finance the Costs from the following source or sources of funds: 5. The reasonably expected sources of funds to be used by the City to pay the debt service on the bonds are as follows: 6. As of the date hereof, there are no sources of City funds which are or are reasonably expected to be allocated or available on a long-term basis, reserved, or otherwise available pursuant to the City's budget to provide permanent financing for the Costs, other than pursuant to the subsequent issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) the primary purpose of which is to prevent moneys from said source to be available on a long-term basis to pay the Costs. On the basis of the foregoing, the statements and certifications contained in this Declaration are believed to be reasonable and accurate, and this Declaration is believed to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content the regulations. 7. This Declaration is and shall remain a part of the publicly available official books, records, or proceedings of the City and shall be continuously available for inspection by the general public at City Hall during regular City hours for a period not ending earlier than the day after the issuance of the Bonds. IN WITNESS WHEREOF, the undersigned has executed this Declaration and placed it on file i e official City records this 13th day of January, 1992. City Administrator City of Lino Lakes, Minnesota CERTIFICATION The undersigned, being duly qualified and acting City Administrator of the City of Lino Lakes, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held on January 13, 1992. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember Kuether moved the adoption of the Resolution, which motion was seconded by Councilmember Elliott . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: Neal, Kuether, Reinert, Elliott. and the following voted against the same: none. Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Administrator of the City of Lino Lakes, Minnesota, this 13ty of January, 1992.,., �� City Administrator City of Lino Lakes, Minnesota