14-005 - 01-21 - relating to financing capital equipment, establish compliance with reimbursement bond regulations under internal revenue code Resolution 14-5 January 21, 2014
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO THE FINANCING OF CAPITAL EQUIPMENT;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS
UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the
"City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 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 declaration of
its official intent to reimburse itself for such prior expenditures out of the proceeds of
a subsequently issued series of bonds within 60 days after payment of the
expenditures, that the bonds be issued and the reimbursement allocation be made
from the proceeds of such bonds within the reimbursement period (as defined in the
Regulations), and that the expenditures reimbursed be capital expenditures or costs
of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with
respect to the projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to acquire certain capital equipment within the 2014
Capital Improvement Program (the "Project"), and to make original expenditures with
respect thereto prior to the issuance of reimbursement bonds, and reasonably
expects to issue reimbursement bonds for the Project, in one or more series, in an
amount not to exceed $750,000.
(b) Other than (i) de minimis amounts permitted to be reimbursed pursuant
to Section 1.150-2(fl(1) of the Regulations or (ii) expenditures constituting
preliminary expenditures as defined in Section 1.150-2(fl(2) of the Regulations, the
City will not seek reimbursement for any original expenditures with respect to the
foregoing Project paid more than 60 days prior to the date of adoption of this
resolution. All original expenditures for which reimbursement is sought will be
capital expenditures or costs of issuance of the reimbursement bonds.
Resolution 14-5 - Continued January 21, 2014
3. Bud�etary Matters. As of the date hereof, there are no City funds
reserved, pledged, allocated on a long term basis or otherwise set aside (or
reasonably expected to be reserved, pledged, allocated on a long term basis or
otherwise set aside) to provide permanent financing for the original expenditures
related to the Project, other than pursuant to the issuance of the reimbursement
bonds. Consequently, it is not expected that the issuance of the reimbursement
bonds will result in the creation of any replacement proceeds.
4. Reimbursement Allocations. The City's Finance Director shall 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 original expenditures relating to the Project. Each
reimbursement allocation shall be made within 30 days of the date of issuance of the
reimbursement bonds, shall be evidenced by an entry on the official books and
records of the City maintained for the reimbursement bonds and shall specifically
identify the original expenditures being reimbursed.
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Shep d M. Harris, M y r
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Snope
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.