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HomeMy WebLinkAboutCity Council Resolution 2007-077CITY OF PLYMOUTH RESOLUTION NO. 2007-077 DECLARING THE OFFICIAL INTENT OF THE CITY OF PLYMOUTH TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. Section 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 reimbursed from the proceeds of a tax exempt bond; and 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 PLYMOUTH AS FOLLOWS: The City proposes to undertake the following projects: Fernbrook Lane Reconstruction (27th to 34th Avenue) Street Reconstruction — District 76 Street Reconstruction — District 78 2. 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 $14,000,000. 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 original expenditure to be subject to a reimbursement allocation with respect to the proceeds of the 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 price of the issue or issues that finance or are reasonably expected by the city to finance the projects 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, constriction, or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of constriction. 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 projects and the principal amount of the bonds described 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 area, 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. Adopted by the City Council on February 13, 2007. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on February 13, 2007 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk