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CITY OF LAKE ELMO <br />WASHINGTON COUNTY <br />STATE OF MINNESOTA <br />RESOLUTION NO.2021-021 <br />RESOLUTION RELATING TO THE FINANCING OF THE CITY'S STREET <br />IMPROVEMENTS AND SANITARY SEWER PROJECTS; DECLARING <br />THE OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL <br />EXPENDITURES OF THE PROJECT FROM THE PROCEEDS OF TAX- <br />EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH <br />REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL <br />REVENUE CODE <br />WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 <br />(the "Reimbursement Regulations") under the Internal Revenue Code of 1986, as amended (the <br />"Code"), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures <br />will not be deemed spent unless certain requirements are met; and <br />WHEREAS, the City of Lake Elmo, Minnesota, municipal corporation and a political <br />subdivision of the State of Minnesota (the "City"), expects to incur certain expenditures that maybe <br />financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the <br />proceeds of tax-exempt bonds; and <br />WHEREAS, the City has determined to make a declaration of its official intent (the <br />"Declaration") to reimburse certain capital costs from the proceeds derived from the sale of tax- <br />exempt bonds issued by the City or another political subdivision in accordance with the <br />Reimbursement Regulations. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />LAKE ELMO, MINNESOTA AS FOLLOWS: <br />1. The City may incur certain capital expenditures in connection with certain street <br />improvements to be constructed commencing in 2021, including without limitation the County <br />Manning/TH 36 Interchange project, the Old Village Phase 5 and 6 project, the Heritage Farms project <br />and the Tamarack Farms Estates project (the "Street Improvements") and certain improvements to <br />the City's sanitary sewer system, including without limitation utility improvements in connection with <br />the Old Village Phase 5 and 6 project, the Heritage Farms project, and the Hamlet on Sunfish Lake <br />sewer project, to be constructed colmmencing in 2021 (the "Sanitary Sewer bmprovements" and, <br />together with the Improvements, the "Project") <br />2. The City reasonably expects to reimburse the expenditures made for certain costs of <br />the (i) Street Improvements from the proceeds of tax-exempt bonds in a principal amount currently <br />estimated not to exceed $7,018,800; and (ii) Sanitary Sewer Improvements from the proceeds of tax- <br />LA515-85-698213.v2 _ 1 _ <br />