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#14-08-156
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#14-08-156
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Councilmember Kuzma introduced the following resolution and moved for its adoption: <br />RESOLUTION # 14-08-156 <br />RESOLUTION ESTABLISHING PROCEDURES <br />RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND <br />REGULATIONS UNDER THE INTERNAL REVENUE CODE <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br />1. Recitals. <br />(a) The Internal Revenue Service has issued Treasury Regulations, Section <br />1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with <br />"reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for <br />any project expenditure paid by the City prior to the time of the issuance of those bonds. <br />(b) The Regulations generally require that the City (as the issuer of or the <br />primary obligor under the bonds) make a declaration of intent to reimburse itself for such <br />prior expenditures out of the proceeds of subsequently issued bonds, that such declaration <br />be made not later than sixty days after the expenditure is actually paid, and that the <br />bonding occur and the written reimbursement allocation be made from the proceeds of <br />such bonds within eighteen months after the later of (1) the date of payment of the <br />expenditure or (2) the date the project is placed in service (but in no event more than <br />three years after actual payment). <br />. (c) The City heretofore implemented procedures for compliance with the <br />predecessor versions of the Regulations and desires to amend and supplement those <br />procedures to ensure compliance with the Regulations. <br />(d) The City's bond counsel has advised the City that the Regulations do not <br />apply, and hence the provisions of this Resolution are intended to have no application, to <br />payments of City project costs first made by the City out of the proceeds of bonds issued <br />prior to the date of such payments. <br />2. Official Intent Declaration. The Regulations, in the situations in which they <br />apply, require the City to have declared an official intent (the "Declaration") to reimburse itself <br />for previously paid project expenditures out of the proceeds of subsequently issued bonds. The <br />City Council hereby authorizes the Administrator to make the Authority's Declarations or to <br />delegate from time to time that responsibility to other appropriate City employees. Each <br />Declaration shall comply with the requirements of the Regulations, including without limitation <br />the following: <br />2317769v1 <br />
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