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HomeMy WebLinkAbout6.d. Authorization of Small Issuer Rebate Exception Authority for Port Authority G.O. Bonds 2000Bs CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM: Authorization of Small Issuer Rebate AGENDA SECTION: Exception Authority for Port Authority G.O. Bonds 2000B Consent PREPARED BY: Jeff May, Finance Director AGEND . . IF 6 ATTACHMENTS: Resolution APPROVED BY: Attached is a resolution that the City must approve relating to the Port Authority debt that was issued earlier this evening. Because we anticipate issuing less than $5,000,000 in total debt this year, we will qualify as a small issuer and be exempt from certain arbitrage requirements. The City and the Port Authority's total debt will be less than $5,000,000 and the resolution the City is passing acknowledges that the Port Authority's debt is included in that $5,000,000 total. RECOMMENDED ACTION: Motion to adopt a RESOLUTION AUTHORIZING SMALL ISSUER REBATE EXCEPTION AUTHORITY. COUNCIL ACTION: A CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 - RESOLUTION AUTHORIZING SMALL ISSUER REBATE EXCEPTION AUTHORITY NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rosemount, Minnesota (the "City ") as follows: 1. ° Finding . Unless an exception is available, bonds which are tax- exempt are subject to the federal arbitrage requirement of rebating earnings in excess of the bond yield on certain investments; and ordinarily bonds are subject to rebate if issued by a governmental unit that lacks general taxing powers, such as the Rosemount Port Authority (the "Authority ") . However, if the Authority issues bonds on behalf of a governmental unit with general taxing powers, such as the City, it will be treated as having general taxing powers if the bonds do not exceed the lesser of $5,000,000 or such amount of the $5,000,000 small issuer limitation as the City allocates to the Authority, and the City is a governmental unit with general taxing powers. The City hereby finds, determines and declares that (1) the Authority is issuing the Bonds on behalf of the City within the meaning of Section 148 (f) (4) (C) (iv) of the Internal Revenue Code of 1986, as amended (the "Code "), (2) the Authority' -is therefore treated as a subordinate entity of the City for purposes of such Section, and (3) the aggregate face amount of the Bonds does not exceed the lesser of $5,000,000 or the amount which, when added to the aggregate amount of other bonds issued by the Authority in 2000, is allocated to the Authority below. 2. Allocation The City hereby allocates to the Authority $1,750,000 of the City's $5,000,000 limitation under Section 148(f),(4) (C) (i) (IV) of the Code in the aggregate face amount of tax- exempt bonds (other than private activity bonds) issued by the City during the calendar year 2000. Such allocation is made solely with respect to the Bonds, is irrevocable and is made before the issuance of the Bonds. Said $1,750,000 allocated to the Authority bears a reasonable relationship to the benefits received by the City from the Bonds issued by the Authority, because the Bonds finance infrastructure improvements in the Rosemount Business Park in the City. The Authority shall accept this allocation by issuing the Bonds and making a statement in its Nonarbitrage Certificate relating to the Bonds. 1196831.1 P RESOLUTION 2000 - 3. Aggregation The City and Authority will be aggregated and treated as one issuer for purposes of said $5,000,000 limitation, and,together will not issue in 2000 more than $5,000,000 aggregate face amount of all tax- exempt bonds (other than private activity bonds) 4. Concurring of Authority Resolution The City hereby concurs in the Resolution adopted by the Authority this same date authorizing the issuance of its $1,750,000 General Obligation Bonds, Series 20OOB. 5. Severabilitx If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 6. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 1196831.1 2 ok RESOLUTION 2000 ADOPTED this 15th day of August, 2000. Cathy Busho, Mayor ATTESTS Linda J. Jentink, City Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 15 day of August, 2000, as disclosed by the records of said City in my possession. (SEAL) Linda J. Jentink, Rosemount City Clerk Motion by: Voted in favor: Voted Against: Members Absent: 1196831.1 Seconded by: 3