City Council Resolution 2009-52CITY OF MONTICELLO
RESOLUTION 2009 -52
DECLARING THE OFFICIAL INTENT OF THE CITY OF MONTICELLO
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 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 expects to incur certain expenditures which may be financed temporarily
from sources other than bonds, and reimbursed from the proceeds of a 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
MONTICELLO (THE "CITY ") AS FOLLOWS:
The City reasonably intends to make expenditures for the projects described in Exhibit A
(the "Projects "), and reasonably intends to reimburse itself for such expenditures from the
proceeds of debt to be issued by the City in the maximum principal amount described in
Exhibit A. 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.
2. 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.
3. This Declaration is an expression of the reasonable expectation 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
1 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.
4. The City Administrator is authorized to designate appropriate additions to Exhibit A in
circumstances where time is of the essence, and any such designation shall be reported to
the Council at the earliest practicable date and shall be filed with the official books and
records of the City as provided in Section 3.
This resolution is intended to constitute a declaration of official intent for purposes of
Treas. Reg. § 1.150 -2 and any successor law, regulation, or ruling.
Adopted by the City Council this 28th day of September, 2009
Clint eI rbs�M y r
ATTEST:
,"till, City Administrator
EXHIBIT A
TO OFFICIAL INTENT RESOLUTION
ADOPTED SEPTEMBER 28, 2009
MAXIMUM
DATE OF
PRINCIPAL
DECLARATION
DESCRIPTION OF PROJECT
AMOUNT OF DEBT
FOR PROJECT
9/28/2009
Fallon Avenue Rehabilitation - Project
$200,000.00
09CO05