92-022 - 03-17 Establish Bond Regulations Under Internal Revenue CodeResolution 92-22 March 17, 1992
Member Stockman introduced the following resolution and moved its adoption:
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 Golden
Valley, Minnesota (the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.103-18 of the
Income Tax Regulations (the "Regulations") dealing with the issuance of bonds,
all or a portion of the proceeds of which are to be used to reimburse the City
for project expenditures made by the City prior to the date of issuance.
(b) The Regulations generally require that the City make a prior
declaration of its official intent to reimburse itself for such prior expen-
ditures out of the proceeds of a subsequently issued borrowing, that the
borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer,
within one year of the date the project is placed in service, and that the
expenditure be a capital expenditure.
(c) The City desires to comply with requirements of the Regulations
and to establish certain procedures relating thereto.
2. Official Intent Declaration. The Regulations, in the situations in
which they apply, require the City to have made an official declaration of its
intent (the "Official Intent Declaration" or the "Declaration") to reimburse
itself for previously paid project expenditures out of the proceeds of
subsequently issued debt. The Council hereby authorizes the City Finance
Director to make the City's Official Intent Declarations. The following
procedures shall be observed in making Official Intent Declarations:
(a) Each Declaration shall be made substantially in the form of the
Exhibit 1 attached hereto and made a part of this Resolution.
(b) The City Clerk shall maintain a file in his or her office in
which all Declarations shall be kept. Upon completing a Declaration, the City
Finance Director shall promptly (and in any event within 30 days) deliver a copy
to the City Clerk and the Clerk shall place it in the file maintained for such
purpose. Said file and each Declaration (up until the date upon which the reim-
bursement borrowing is made) shall be a part of the publicly available official
books and records of the City, and shall be available for inspection by the
general public during normal business hours.
(c) The City Finance Director shall endeavor to not make
Declarations in cases where the City will not ultimately be issuing reimburse-
ment bonds to provide long term financing for project costs, and said official
is hereby authorized and directed to consult with the City's financial advisor
and bond counsel concerning the requirements of the Regulations in general and
their application in particular circumstances.
Resolution 92-22 - Continued
March 17, 1992
(d) The Council shall be advised from time to time as to the
Declarations made and on the desirability and timing of the issuance of
reimbursement bonds relating to project expenditures for which Declarations
have been filed, including recommendations on the timing of the issuance of
such bonds so that the "Reimbursement Period Requirement" described in the
Regulations can be met.
3. Reimbursement Allocations. The City Finance Director shall also be
responsible for making the "reimbursement allocations" described in the
Regulations, being generally the transfer of the appropriate amount of proceeds
of the reimbursement bonds to reimburse the source of temporary financing used
by the City to make payment of the prior costs of the projects. Each allocation
shall be evidenced by an entry on the official books and records of the City
maintained with respect to the bonds, shall specifically identify the actual
prior expenditure being reimbursed or, in the case of reimbursement of a fund
or account in accordance with Section 1.103-18, the fund or account from which
the expenditure was paid, and shall be effective to relieve the proceeds of the
bonds from any restriction under the bond resolution or other relevant legal
documents for the bonds, and under any applicable state statute, which would
apply to the unspent proceeds of the bonds.
ATTEST:
Shirley Nelson, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Bakken, Johnson, Russell and Stockman; the following was absent:
Thompson; and the following voted against the same: none; whereupon said resolu-
tion was declared duly passed and adopted, signed by the Mayor and his signature
attested by the City Clerk.
Resolution 92-22 - Continued March 17, 1992
EXHIBIT 1
DECLARATION OF OFFICIAL INTENT
The undersigned, being the duly appointed and acting City Finance
Director of the City of Golden Valley, Minnesota (the "City"), pursuant to and
for purposes of compliance with Treasury Regulations, Section 1.103-18 (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 to make and execute this Declaration of
Official Intent (the "Declaration") for and on behalf of the City.
2. The City proposes to undertake the projects described on Exhibit A
attached hereto.
3. Other than (i) expenditures to be paid or reimbursed from sources
other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant
to the transition provision of Section 1.103-18(1)(2) of the Regulations or
(iii) expenditures constituting preliminary expenditures as defined in Section
1.103-18(i)(2) of the Regulations, no expenditures for the foregoing projects
as identified on Exhibit A have heretofore been made by the City and no
expenditures will be made by the City until after the date of this Declaration.
4. The City reasonably expects to reimburse the expenditures made for
costs of the designated projects out of the proceeds of debt (the "Bonds") to be
incurred by the City after the date of payment of all or a portion of the costs.
All reimbursed expenditures shall be capital expenditures as defined in Section
1.150-1(h) of the Regulations.
5. This Declaration is a declaration of official intent issued and
given pursuant to Section 1.103-18 of the Regulations.
6. As of the date hereof, there are no City funds reserved, allocated
on a long term basis or otherwise set aside (or reasonably expected to be
reserved, allocated on a long term basis or otherwise set aside) to provide per-
manent financing for the expenditures related to the projects, other than pur-
suant to the issuance of the Bonds. This Declaration, therefore, is determined
to be consistent with the City's budgetary and financial circumstances as they
exist or are reasonably foreseeable on the date hereof, all within the meaning
of the Regulations.
7. This Declaration is and shall remain a part of the publicly available
official books and records of the City, shall be filed with the City Clerk
within 30 days of the date hereof, and shall be continuously available for
inspection by the general public at the office of the City Clerk in the City
Hall during regular business hours for a period ending not earlier than the date
of 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.
City
Resolution 92-22 - Continued
EXHIBIT A
Project Description (1)
March 17, 1992
Estimated Cost
to be Reimbursed
From Bond Proceeds (2)
�1) Include general functional description of character or type of project.
For example, "public works garage" or "acquisition of police cars" or
"Johnson Avenue street and utility improvements". As an alternative to
designating projects you may designate particular funds or accounts as the
"project" if those funds or accounts are maintained to pay identifiable
types of capital improvements.
(2) Include hard construction or acquisition, plus engineering/architectural/
legal/fiscal/etc/