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HomeMy WebLinkAboutCity Council Resolution 1988-901CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 19th day of December , 19_M. The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker and Zitur and the following members were absent: Councilmember Sisk Councilmember Zitur introduced the following resolution and moved its adoption: RESOLUTION NO. 88-901 RESOLUTION ELECTING TO DESIGNATE CERTAIN BONDS ISSUED IN 1986 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" A. WHEREAS, the City of Plymouth, Minnesota (the "Issu- er"), issued its $1,650,000 Water and Sewer Revenue Bonds, dated June 1, 1986; $4,725,000 General Obligation Improvement Bonds, dated June 1, 1986; and $2,175,000 Tax Increment Bonds, dated August 1, 1986 (the "Bonds") while the federal Tax Reform Act of 1986 was pending with a retroactive effective date, specifically on or after January 1, 1986, and on or before August 7, 1986; and B. WHEREAS, when the Bonds were issued, the Issuer made a designation that it intended to qualify the Bonds under Section 802(e)(3) of H.R. 3838 of the 99th Congress as passed by the House of Representatives; and C. WHEREAS, the Issuer covenanted to take such actions as are necessary to effectuate such attempted designation; and D. WHEREAS, for the Bonds to get the benefit of being designated as "qualified tax-exempt obligations" under Section 265(b)(3) of the federal Internal revenue Code of 1986, as amended (the "-Code"), it is necessary that the Issuer make an Resolution No. 88-901 Page 2 election under subparagraphs (C) of Section 1009(b)(3) of the federal Technical and Miscellaneous Revenue Act of 1988 ("TAMRA") and designate the Bonds pursuant to subparagraph (B) of Section 1009(b)(3) of TAMRA and Section 265(b)(3) of the Code; and E. WHEREAS, the Bonds qualify for such designation because they are not private activity bonds (or, if private activity bonds, are qualified 501(c)(3) bonds, or refunded bonds which were not industrial development bonds or private loan bonds), the Issuer with respect to bonds issued in 1986 is a "qualified small issuer" of $10,000,000 or less of bonds, and not more than $10,000,000 of bonds issued in 1986 have been designated: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota, as follows: 1. Election. The Issuer hereby makes an election with respect to the Bonds under Section 1009(b) (3) (C) of the federal Technical and Miscellaneous Revenue Act of 1988. 2. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, the Issuer hereby makes the following factual statements and representa- tions: (a) the Bonds are treated as issued on August 8, 1986, because: (i) the Bonds were issued on or after January 1, 1986, and on or before August 7, 1986, (ii) when the Bonds were issued, the Issuer made a designation that it intended to qualify the Bonds under Section 802(e)(3) of H.R. 3838 of the 99th Congress as passed by the House of Representatives, and (iii) the Issuer, in paragraph 1 above, has made an election under Section 1009(b) (3) (C) of TAMRA; and (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code, or, if private activity bonds, they are: (i) qualified 501(c)(3) bonds as defined in Section 145 of the Code, or (ii) obligations issued to refund (or which are part of a series of obligations issued to refund) obligations issued before August 8, Resolution No. 88-901 Page 3 1986, which were not industrial development bonds (as defined in Section 103(b)(2) of the federal Internal Revenue Code of 1954, as amended, as in effect on the day before the date of the enactment of the federal Tax Reform Act of 1986) or a private loan bond (as defined in Section 103 (o) (2) (A) as so in effect, but without regard to any exemption from such definition other than Section 103 (o) (2) (A) ) ; (c) the Issuer hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) at the time the Bonds were issued, the amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which had been and were to be issued in 1986 by the Issuer (and all entities treated as one issuer with the Issuer, and all subordinate entities thereof) during calendar year 1986 was not .reasonably expected to exceed $10,000,000; and (e) not more than $10,000,000 of obligatiori,s issued by the Issuer during calendar year 1986 have been designated for purposes of Section 265(b)(3) of the Code. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Ricker and Zitur the following voted against or abstained: None whereupon the resolution was declared duly passed and adopted. 00661288.F16