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HomeMy WebLinkAbout15-166 - ADMIN Resolution - City Council - 2015/10/19RESOLUTION NO. 15-166 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF ST. LOUIS PARK TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporanly from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; WHEREAS, the City has determined to make this declaration of official intent (the "Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK AS FOLLOWS: 1. The City proposes to potentially undertake projects consisting of the construction of City infrastructure improvements in connection with the construction of the Southwest Light Rail Transit line, along with associated utility improvements (the "Projects"). The City will construct the Projects over a period of approximately ten years. 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Projects in the years 2015 through 2018 from the proceeds of one or more senes of bonds in an estimated maximum aggregate principal amount of $39,750,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the 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 onginal expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds, (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 20 percent of the aggregate issue pnce 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, bond issuance, and similar costs that are incurred pnor 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 bonds descnbed in paragraph 2 are consistent with the City's budgetary and financial circumstances No sources other than proceeds of bonds 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 Resolution No. 15-166 -2- 5. This Declaration is intended to constitute a declaration of official intent for oses of the Reimbursement Regulations. Appr•ved this 19th day of October, 2015, by the City Council of the City of St. Louis Park, Minnesota. Revivg d \sr Administration Cit Attest: AJO City Clerk Adopted by the City Council October 19, 2015