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HomeMy WebLinkAbout20-165CITY OF LAKEVILLE RESOLUTION NO. 20-165 SUPPLEMENTAL 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; and WHEREAS, The City has, by resolution adopted October 5, 2020, declared its intent to issue tax- exempt bonds in an amount not to exceed $18,091,000 in 2021 for purposes of reimbursing costs of certain Projects, as described in such resolution; and WHEREAS, The City reasonably expects to issue additional tax-exempt obligations in order to finance an additional project, consisting of the construction of a new liquor store (the "Additional Project"). 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 Additional Project. 3. The City reasonably expects to reimburse the expenditures made for certain costs of the Additional Project from the proceeds of bonds in an estimated maximum principal amount of $6.6 million. 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 Additional Project 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 Additional 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 21st day of December 2020. i Douglas P. Anderson, Mayor Charlene Friedges, City Cl VI VOTE Anderson Hellier Lee Volk Wheeler Aye Q' 9 C9' a [sem Nay 0 0 0 0 0 Abstain 0 0 0 0 0 Absent 0 0 0 0 0