Res 2007- 65 Procedures re: Reimb. Bond ComplianceRESOLUTION NO. 07 -65
BE IT RESOLVED by the City Council (the "Council ") of the City of Mendota Heights,
Minnesota (the "City "), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Treasury Regulations, Section
1.150 -2 (as the same may be amended or supplemented, the "Regulations "), dealing with
"reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse
the City for any project expenditure paid by the City prior to the time of the issuance of
those bonds.
(b) The Regulations generally require that the City make a declaration of
intent to reimburse itself for such prior expenditures out of the proceeds of subsequently
issued bonds, that such declaration be made not later than 60 days after the expenditure is
actually paid, and that the bonding occur and the written reimbursement allocation be
made from the proceeds of such bonds within 18 months after the later of (1) the date of
payment of the expenditure or (2) the date the project is placed in service (but in no event
more than 3 years after actual payment).
2. Official Intent Declaration. The Regulations require the City to have declared an
official intent (the "Declaration") to reimburse itself for previously paid project expenditures out
of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Finance
Director to make the City's Declarations or to delegate from time to time that responsibility to
other appropriate City employees. Each Declaration shall comply with the requirements of the
Regulations, including without limitation the following:
(a) Each Declaration shall be made not later than 60 days after payment of the
applicable project cost and shall state that the City reasonably expects to reimburse itself
for the expenditure out of the proceeds of a bond issue or similar borrowing. Each
Declaration may be made substantially in the form of the Exhibit A which is attached to
and made a part of this Resolution, or in any other format which may at the time comply
with the Regulations.
(b) Each Declaration shall (1) contain a reasonably accurate description of the
"project," as defined in the Regulations (which may include the property or program to
be financed, as applicable), to which the expenditure relates and (2) state the maximum
principal amount of bonding expected to be issued for that project.
(c) Care shall be taken so that the City, or its authorized representatives under
this Resolution, not make Declarations in cases where the City does not reasonably
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expect to issue reimbursement bonds to finance the project costs, and the City officials
are hereby authorized to consult with bond counsel to the City concerning the
requirements of the Regulations and their application in particular circumstances.
(d) The Council shall be advised from time to time on the desirability and
timing of the issuance of reimbursement bonds relating to project expenditures for which
the City has made Declarations.
3. Reimbursement Allocations. The designated City officials shall also be
responsible for making the "reimbursement allocations" described in the Regulations, being
generally written allocations that evidence the City's use of the applicable bond proceeds to
reimburse the original expenditures.
4. Effect. This Resolution shall amend and supplement all prior resolutions and/or
procedures adopted by the City for compliance with the Regulations (or their predecessor
versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution
shall apply and govern.
Adopted this _17th day of July_, 2007, by the City Council of the City of Mendota Heights,
Minnesota.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Jo ube , or
ATTEST:
By :2
Kathleen M. Swanson
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CERTIFICATION
The undersigned, being the duly qualified and acting City Clerk of the City of Mendota
Heights, Minnesota, hereby certifies the following:
The foregoing is true and correct copy of a Resolution on file and of official, publicly
available record in the offices of the City, which Resolution relates to procedures of the City for
compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly
adopted by the governing body of the City (the "Council ") at a regular or special meeting of the
Council held on , 2007. Said meeting was duly called, regularly held,
open to the public, and held at the place at which meetings of the Council are regularly held.
Councilmember moved the adoption of the Resolution, which motion was
seconded by Councilmember . A vote being taken on the motion, the
following members of the Council voted in favor of the motion to adopt the Resolution:
and the following voted against the same:
Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full
force and effect and no action has been taken by the Council which would in any way alter or
amend the Resolution.
WITNESS MY HAND officially as the City Clerk of the City of Mendota Heights,
Minnesota, this day of , 2007.
City Clerk
City of Mendota Heights, Minnesota
2038178v1
10. ,0111
Declaration of Official Intent
The undersigned, being the duly appointed and acting City Finance Director of the City
of Mendota Heights, Minnesota (the "City "), pursuant to and for purposes of compliance with
Treasury Regulations, Section 1.150 -2 (the "Regulations "), under the Internal Revenue Code of
1986, as amended, hereby states and certifies on behalf of the City as follows:
1. The undersigned has been and is on the date hereof duly authorized by the City
Council to make and execute this Declaration of Official Intent (the "Declaration ") for and on
behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project ") and the costs thereof to be financed:
Kipp Addition - streets, water, sewer and storm sewer - $200,000
Copperfield - street reconstruction - $600,000
Ivy Falls - streets, water and storm sewer - $1,500,000
3. The City reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds ") to be issued
by the City after the date of payment of such costs. As of the date hereof, the City reasonably
} expects that $2,300,000 is the maximum principal amount of the Bonds which will be issued to
finance the Projects.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in Section
1.150- 2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this
Declaration are believed to be reasonable and accurate.
Date: , 2007
City Finance Director
City of Mendota Heights, Minnesota