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HomeMy WebLinkAbout19-121CITY OF LAKEVILLE RESOLUTION NO. 19-121 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF LAKEVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treasury 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 temporarily from sources other than bonds, and later reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement regulations; and WHEREAS, the total estimated general obligation bonds for 2020 is $14,793,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The recitals set forth above are incorporated herein. 2. The City proposes to undertake the following projects (the "Projects"): a. #20-02 2020 Street Reconstruction b. #20-04 170th St (Flagstaff Ave - Pilot Knob Rd/CSAH 31) c. #20-08 179th St (Cedar Ave/CSAH 23 - Flagstaff Ave) d. #21-03 Highview Ave (175`h St - 1601 St), Heritage Dr (Dodd Blvd- Highview Ave), and Iberia Ave (202"d St - Heritage Dr) e. #22-03 Lakeville Blvd (Holyoke Ave- Cedar Ave), 210th Street (Kensington Blvd- Holyoke Ave) 3. The City reasonably expects to reimburse the expenditures made for certain costs of the Projects from the proceeds of bonds in an estimated maximum principal amount of the following (note these are 2020 costs only; projects 21-03 and 22-03 have significant costs planned for 2021 and/or 2022 that are not expected to be paid from bond proceeds in 2020): a. #20-02 2020 Street Reconstruction -$12,878,000 b. #20-04 170th St (Flagstaff Ave - Pilot Knob Rd/CSAH 31) -$1,300,000 c. #20-08 179th St (Cedar Ave/CSAH 23 - Flagstaff Ave)- $217,000 d. #21-03 Highview Ave (175th St - 1601 St), Heritage Dr (Dodd Blvd- Highview Ave), and Iberia Ave (202nd St - Heritage Dr) - $120,000 e. #22-03 Lakeville Blvd (Holyoke Ave- Cedar Ave), 2101 Street (Kensington Blvd- Holyoke Ave) -$278,000 The City may declare other separate statements of reimbursement intent in connection with specific public improvements projects as they are initiated under Minnesota Statutes, Chapters 429 and 444, or for other capital projects, with the understanding that such additional declarations of reimbursement intent will supplement this resolution. 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. 4. This Declaration has been made no later than 60 days after payment of any original 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 five 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 price of the issue or issues that 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 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. 5. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as the date hereof. The anticipated original expenditures for the Projects and the principal amount of the bonds described in paragraph 3 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. 6. This Declaration is intended to constitute a declaration of the official intent for the purposes of the Reimbursement Regulations. ADOPTED by the Lakeville City Council this 7th day of October 2019 Douglas P. Anderson, Mayor Charlene Friedges, City Cler VOTE Anderson Hellier—Lee Volk Wheeler Aye 2 -- Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent 0 0 0 11 ❑