Loading...
21-088/11-16 Finance Reconstruction Zane Ave/Lindsay StreetDocuSign Envelope ID: C9691CM-81)134-4127-AA53-28591134FOCE0 RESOLUTION NO.21-88 RESOLUTION RELATING TO FINANCING THE RECONSTRUCTION OF ZANE AVENUE AND LINDSAY STREET; DECLARING THE OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES OF THE PROJECT FROM THE PROCEEDS OF TAX-EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the "Reimbursement Regulations") under the Internal Revenue Code of 1986, as amended (the "Code"), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Golden Valley, Minnesota, a municipal corporation and a political subdivision of the State of Minnesota (the "City"), expects to incur certain expenditures that may be financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make a declaration of its official intent (the "Declaration") to reimburse certain capital costs from the proceeds derived from the sale of tax- exempt bonds issued by the City or another political subdivision in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA AS FOLLOWS: 1. The City may incur certain capital expenditures in connection with the reconstruction of a portion of Zane Avenue and Lindsay Street as described in the attached Exhibit A (collectively, the "Project") 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt bonds in a principal amount currently estimated not to exceed $2,500,000. All reimbursed expenditures related to the Project will be capital expenditures, costs of issuance of the tax-exempt bonds 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 bonds, except for the following expenditures: (a) costs of issuance of tax-exempt bonds; (b) costs in an amount not in excess of the lesser of $100,000 or 5% of the proceeds of the tax-exempt bonds; or (c) "preliminary expenditures" up to an amount not in excess of 20% of the aggregate issue price of the tax-exempt bonds that are reasonably expected by the City to finance the Project. The term "preliminary expenditures" includes architectural, engineering, surveying, soil testing, bond issuance and similar costs that are incurred prior to commencement of acquisition, construction, or GL135-36-761534.vl DocuSign Envelope ID: C9691C9A-8DD44127-AA53-28591D4FOCEO rehabilitation of the Project, excluding land acquisition, site preparation, and similar costs incident to commencement of construction. 4. A reimbursement allocation with respect to tax-exempt bonds will be made not later than 18 months after the later of: (i) the date the original expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than 3 years after the original expenditure. 5. 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 bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of tax-exempt bonds 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 expenditures for which bonds are issued. 6. The action is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the City Council this 16th day of November, 2021. FcDocu3ipnad by: /� a4 At, AMs Shepard M. Farris, Mayor ATTEST: DocuSkMad by: Theresa Sc yma, City Clerk GL135-36-761534.vl 2 DocuSign Envelope ID: C9691C9A-8DD4-4127-AA53-28591D4FOCE0 Exhibit A Project Description The City of Golden Valley proposes to reconstruct approximately 0.53 miles of State Aid and 0.27 miles of local streets in the northwest quadrant of Trunk Highway 100 and Trunk Highway 55. The following streets are included in the project: • Zane Avenue North from Olson Memorial Frontage Road to Golden Valley Road -Municipal State Aid • Lindsay Street from Zane Avenue North to Lilac Drive North -City Streets GL135-36-761534.vi A-1