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HomeMy WebLinkAboutApprove Resolution 4512, financing compliance with Bond regulations, remediation system_10 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Administrative Services Director SUBJECT: Resolution No. 4512 - RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. MEETING DATE: May 5, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution No. 4512 - RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. BACKGROUND: The City has applied for and received a Loan Commitment from the State Revolving Loan Program to fund the design, construction, and financing costs of a remediation system at the Story Mill Landfill. Due to the project’s planning and design process, we won’t be closing on the loan until later this fall/winter. However, we will be incurring costs related to the project that can be reimbursed to us from the loan proceeds, providing we adopt the attached resolution to comply with Internal Revenue Service (IRS) requirements. This resolution will allow the city to draw-down our loan amount for project costs incurred after today, and prior to the loan closing. These costs are estimated to include: capitalized costs for Preliminary Engineering and Consultant work related to the Story Mill Landfill Remediation System and Corrective Measures Assessment. UNRESOLVED ISSUES: None. ALTERNATIVES: The Revolving Loan Fund Bond Counsel has provided this IRS-required resolution for us. If the city were to NOT adopt this resolution, we would need to find some other source of funds (not loan funds) to pay for the work done prior to loan closing. FISCAL EFFECTS: Once the loan is closed, we will reimburse our Landfill Post-Closure Fund for any preliminary engineering and other consultant costs paid by the city. Attachments: Resolution No. 4512 Report compiled on: April 25, 2014 65 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 4512 entitled: “RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on May 5, 2014 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this day of May, 2014 Clerk of the Commission 66 RESOLUTION NO. 4512 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Commission of the City of Bozeman, Montana (the “City”), as follows: 1. Recitals. (a) The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake certain projects, which projects and the estimated costs thereof are generally described on Exhibit A hereto, which is hereby incorporated herein and made a part hereof (the “Projects”). (b) Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Projects have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Resolution. (b) The City reasonably expects to reimburse the expenditures made for costs of the Projects out of the proceeds of debt in an estimated maximum aggregate principal amount of $2,135,000 (the “Bonds”) after the date of payment of all or a portion of the costs of the Projects. 67 2 All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Projects, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 4. Reimbursement Allocations. The City Administrative Services Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Projects and shall specifically identify the actual original expenditure being reimbursed. Adopted this 5th day of May, 2014 Mayor Attest: Clerk of the Commission 68 A-1 EXHIBIT A Description of Projects Estimated Cost Designing and installing improvements to the City’s municipal stormwater system, to include installation of a remediation system to prevent, impede, and diminish the migration of gases from the City’s closed landfill for the purpose of protecting water quality and soils from potential contamination, including, without limitation, Bridger Creek and surrounding wetlands, and related improvements $2,135,000.00 69