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HomeMy WebLinkAboutItem 06.h March 16, 2020 Item No. APPROVE RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF LAKEVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM BOND PROCEEDS Proposed Action Move to approve the Resolution Declaring the Official Intent of the City of Lakeville to Reimburse Certain Expenditures from Bond Proceeds. Overview The Capital Improvement Plan (CIP) for 2020-2024 provides the financial framework for our community’s infrastructure improvements for the next five years. The 2020-2024 CIP did not reflect the $8.8 million of capital improvements associated with the Lakeville Arenas (i.e. parking lot expansion and energy savings improvements to the arena facilities). The City Council has discussed these projects at their workshops. Approximately $1.5 million of water facility and infrastructure improvements and equipment were included in the 2020-2024 CIP. During the 2020 budget and utility rate update, staff determined that the City would need to issue bonds for these improvements. The Internal Revenue Service has issued Treasury Reg. 1.150-2 which provides that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. To meet these requirements, the City should annually declare its intent to bond for certain projects. The resolution includes projects that may use bonds as a funding source. Primary Issues to Consider • Does this resolution require the City to issue bonds for the projects? Approval of this resolution only approves the City’s intent to bond. It does not approve the sale of bonds or the projects. This declaration does not obligate the City to issue bonds for the projects. Supporting Information • Resolution Financial Impact: Budgeted: Y☒ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Jerilyn Erickson, Finance Director $10.3 million Various 2020-2024 CIP; 2020 Budget CITY OF LAKEVILLE RESOLUTION NO. ___ RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF LAKEVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM BOND PROCEEDS 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. 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 projects (the “Projects”) consisting of a) parking lot and energy savings improvements to its arena facilities located at 19900 Ipava Avenue in the City and 8525 215th Street West in the City at a cost of approximately $8.8 million and b) water facility and infrastructure improvements and equipment acquisition at a cost of approximately $1.5 million. The City reasonably expects to reimburse the expenditures made for all or a portion of the costs of the Projects from the proceeds of tax-exempt bonds. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under the Reimbursement Regulations. 3. 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. 4. 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 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 expenditures. 5. 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 16th day of March 2020. CITY OF LAKEVILLE ___________________________ Douglas P. Anderson, Mayor ATTEST: _____________________________ Charlene Friedges, City Clerk VOTE Anderson Hellier Lee Volk Wheeler Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐