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HomeMy WebLinkAbout4.d. Procedures Relating to Compliance with Reimbursement Bond Regulations ! t CITY OF ROSEMOIINT EBECIITIVE SIIMMARY FOR ACTION CITY COUNCIL MEETING DATE: June 1, 1993 AGENDA ITEM: Procedures Relating to Compliance AGENDA SECTION: with Reimbursement Bond Regulations Consent PREPARED BY: AGENDA �p � � � D Jeff May, Fi,nance Director IVI � ATTACHMENTB: Resolution APP VED BY: �� � Attached is a Resolution that allows the City to establi�h proeedures relating to compliance with Reimbursement Bond Regulations that fall under the Internal Revenue Code. This Resolution, prepared for us by Briggs and Morgan, our bond counsel, allows us to incur costs, other than preliminary development costs like engineering and legal, before debt has actually been incurred for the project. This is accomplished by the "Declaration of Official 3ntent" (Exhibit A of the Resolution) . This Declaration states that it is th� City's intention to issue debt to pay for the costs af the project stated within the Declaration. Therefore, any costs incurred prior to that issuance, paid far by the City, will be reimbursed to them through the bond proceeds. Each project that the City expects to finance through the issuance of debt would then have a Declaration of Official Tntent completed and put on file. As part of the process followed for each project that the City reasonably expects to issue debt for, this Declaration would be completed. This process allows the City more flexibility when looking at the timing of issuing debt. Rather than having small issues for each individual project or holding up projects waiting for the band proceeds, having the Declaration of Official Intent on file allows the City ta plan their debt issues more efficiently and to praceed with projects in a timely fashion. RECOMMENDED ACTION: : Motion to approve A RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE TNTERNAL REVENUE CODE. . COtTNCIL ACTION: CITY OF ROSEMOUNT DAROTA COUNTY, MINNFsSOTA RESOLLTTION 1993 - A RES.OLIITION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WIT� REIMBtTRSII�NT BOND REGIILATIONS UNDER THE TNTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Rosemount, Minnesota (the °City"} , as follows: 1. Recitals. fa) The Internal Revenue Service has issued final Treasury Regulations Section 1.103-18 (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 subseguent borrowings, that such declaration generally be made on or before the date 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 pl.aced in service, if that is a longer period) , and that the expenditure be a capital expenditure. (c) The City desires to comply with 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 af this Resolution are intended to have no application, to payments of Ci�y 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 situatians in which they apply, require the Cit� to have made an official declaration of its reasonable intention (hereinafter referred to as the "Ofticial Intent Declaration° or the ��Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequent bonds or other barrowings. The Council hereby authorizes the City Treasurer to make the City' s Official Intent Declarations or to delegate from time to time that responsibility �o other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation �he following: (a) Each Declaration shall be ma.de on or before the date the City pays the applicable project cost and shall state that the City reasonably intends and expects to reimburse itself for the expenditure with proceeds of a borrowing. Eaeh Declaration may be made substantially in the form of the "Declaration of Official Intent" which is attached to and made a part of this Resolution. (b) Each Declaration shall specifically contain the following statement: "This Declaration is a declaration of official intent under Treasury Regulations Section 1. 103-18 . " (c) Each Declaration shall and is hereby deelared to be made and filed in the pub],icly available official books, records, or proceedings of the Cit�r, which shall be reasonably available for public inspeCtion at City Hall during normal business hours af the City or 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 bands. (d) Each Declaration shall, at a minimum, contain a general functional descriptian of the property, project, or program for which the expenditure to be reimbursed is paid (for example, °1992 Street Improvement Project" or other specific, identifiable project of the City) or, in the alternative, shall identify the particular fund or account of the City from which the expenditure to be reimbursed is paid, including a description of the general functional purpose of that fund or account (for example, "park and recreation fund - recreational facility capital improvement program" ) . (e) Each Declaration shall also contain a statement of the maximum principal amount of debt expected to be issued for the subject project. (f) Care shall be taken sa that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably `expect that it will ultimately issue 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. It is the Council' s intention that Declarations not be made (i) when availab7.e funds of the City have been or are reasonably expected to be dedicated or otherwise reserved to fund on a long term basis the particular expenditures involved or (ii) when it is not reasonably expected that reimbursement bonding will occur. 2 (g) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project e�cpenditures 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 paragraph 3 below can be made within the 1 year time limits prescribed in the Regulations. (h) This Resolution shall supplement and amend all prior determinations and policies adopted by the City in regard to complying with the Regulations, as initially proposed, and in the event of any inconsistency between the terms provided in this Resolution and said prior determinations or policies, the provisions of this Resolution shall govern. 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 or records of the City maintained for such reimbursement bonds; shall specifically identify the actual prior expenditure being reimbursed or, in the case of the reimbursement of a particular fund or aecount, the fund or account from which the expenditure was paid; and shall be effective to relieve the bond proceeds involved from any xestriction under the bond resolution or other relevant legal documents for those bonds and under any applicable state statute applicable to unspen� proceeds of such bond issue. ADOPTED this ist day of June, 1993 . E.B. McMenomy, Mayor ATTEST.: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Voted Against• 3 EXFiIBTT A Declaration of Official Intent The undersigned, being the duly appointed and aGting City Treasurer of the City of Rosemount, Minnesota (the "Cit�r") , pursuant to and for purposes of compliance with Treasury Regulations, Section 1.103-18 (the "Regulatians") , 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 ma.ke and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. This Declaration is a declaration of official inten� under Treasury Regulations Section 1. 103-18 . � [Note: the following paragraphs 2A and 2B are alternatives; one or the other of those paragraphs must be completed, both mav be, if applicable. ] , 2 .A. The property, project, or program to which this Declaration relates is generally and functionally described as follows: 2 .B. The specific fund or account of the City from which the expenditure to be reimbursed will be paid, and the general functional purpose of that fund or account, are as follows : 3 . The ma.ximum principal amount of the debt e.xpected to be issued by the City for the purpose of reimbursing the expenditures to which this Declaration relates (the "Expenditures") is on this date hereof reasonabiy estimated to be $ Each of the Expenditures is (or wauld be with a proper election,) •a capital expenditure under federal tax iaw principles, as described in the Regulations. 4 . The City intends and reasonably expects to reimburse itself for the payment of the Expenditures out of the proceeds of the borrowing (the "Bonds") to be made by the City after the date of payment of the Expenditures. A-1 , . _ 5 . As of the date hereof, there are no sources of City funds which have been or are reasonably expected to be allocated or available on a long-term basis, reserved, or otherwise set aside to provide permanent financing for the Expenditures, other than , pursuan� to the subsequent issuance of the Bonds. On the basis of ' the foregoing, the statements and certifications con�ained in this Declaration are believed ta be reasonable and accurate, and this Declaration is believed to be consistent with the City' s budgetaLy and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 6 , This Declaration is and shall remain a part of the publicly available official books, records, or proeeedings of the City and shall be continuously available for inspection by the General public at the City offices during the regular City hours for a period ending not earlier than the day after the issuance of the Bonds. IN WITNESS WHEREOF, the undersigned has executed this `Declaration and placed it on file in the official City records this day of , 199 CTTY OF ROSEMOUNT By City Treasurer A-2