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IV.4. Declaring the Official Intent of the City of Hopkins to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City; Harkess (CR2016-066) 1 June 21, 2016 Council Report 2016-066 DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY Proposed Action Staff recommends approval of the following motion: Move approve Resolution 2016-049 Declaring the official intent of the City of Hopkins to reimburse certain expenditures from the proceeds of bonds to be issued by the City. Overview On October 15, 2013 the City entered into a 15-year agreement with SEH Design/Build, Inc for the purpose of maintaining the Blake and Moline Water Tower. This includes a number of maintenance items such as an annual inspection, pressure washing, coating testing, spot repairs and in 2016 the repainting of both water towers. The cost of the work in 2016 is budgeted at $340,000 for the Blake Tower and $650,000 for the Moline Tower and is included in the 2016- 2020 Capital Improvement Plan. The original plan was to pay for this work from available funds, however with the number of projects we have scheduled staff feels it’s more prudent to bond for the water rehabilitation project given the advantageous bond market. The bonds will be water revenue bonds and will tag onto the bonds currently being offered for sale. There should be no significant increased cost for this bond sale as the preliminary work for the offering statement has been completed. Because the work on this project will commence prior to the bonds being sold we need to do a reimbursement resolution advising the bond market that costs will be incurred on this project prior to the bond sale. Supporting Documents  Resolution 2016-049 ______________________________________ Christine M. Harkess, CPA, CGFM Finance Director Financial Impact: $ $1,000,000 Budgeted: Y/N X N Source: Bond Proceeds Related Documents (CIP, ERP, etc.): __CIP _________ Notes: __________________ 481096v1 JAE HP110-1 CITY OF HOPKINS, MINNESOTA RESOLUTION NO. 2016-049 DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. 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 of Hopkins, Minnesota (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; 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 HOPKINS AS FOLLOWS: 1. The City proposes to finance the construction of water tower improvements in the City (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $1,000,000. 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 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 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 of the date hereof. The anticipated original expenditures for the Project 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 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 Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. 481096v1 JAE HP110-1 2 Approved this 21st day of June, 2016, by the City Council of the City of Hopkins, Minnesota. Molly Cummings, Mayor Attest: Amy Domeier, City Clerk