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HomeMy Public PortalAbout2007-042 Resolution Declaring Official Intent of City to Reimburse Certain ExpendituresMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-42 DECLARING THE OFFICIAL INTENT OF THE CITY OF MEDINA, MINNESOTA, TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF A WATER CAPITAL IMPROVEMENT PROJECT WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt obligations used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Medina (the "City") expects to incur certain expenditures that maybe financed temporarily from sources other than tax-exempt obligations, and reimbursed from the proceeds of a tax-exempt obligation; WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of tax-exempt obligations in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA AS FOLLOWS: 1. The City, proposes to undertake the following project: construction of a raw water line, improvements to pumphouse number five, improvements to well number seven, improvements to well number six, acquisition of land for a new water tower, construction of a new water tower, and other capital improvements to the water system (the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt obligations to be issued in an estimated maximum principal amount of $5,000,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the tax-exempt obligations (including obligations such as the water capital improvement project the City is proposing), 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 tax-exempt obligations, except for the following expenditures: (a) costs of issuance of tax-exempt obligations; (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 twenty percent (20%) 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, tax-exempt obligation issuance, and similar costs that are Resolution 2007-42 August 21, 2007 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 tax-exempt obligations described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of tax-exempt obligations to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-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. Dated: August 21, 2007 T.M. Crosby, Jr., Ma Attest: (.17( Chad M. Adams, City Administrator - Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh upon vote being taken thereon, the following voted in favor thereof: Crosby, Weir, Cavanaugh, Johnson And the following voted against same: (Absent: Smith) None Whereupon said resolution was declared duly passed and adopted. Resolution 2007-42 August 21, 2007 2