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HomeMy WebLinkAboutEDA RES 2007-09 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2007-09 DECLARING THE OFFICIAL INTENT OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY TO REIMBURSE CERTAIN EXPENDITURES FROM nm PROCEEDS OF BONDS TO BE ISSUED BY THE AUTHORITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. S l.l50-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditmes will not be deemed spent w11ess certain requirements are met; and WHEREAS, the Columbia Heights Economic Development Authority (the "Authority"), or the City of Columbia Heights on behalf of the Authority, expects to incm certain expenditures that may be financed temporarily from somces other than bonds, and reimbursed from the proceeds of a tax-exen1pt bond; WHEREAS, the Authority has determined to make this declaration of official intent (the "Declaration") to reimbmse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COLUMBIA HEIGl-ITS ECONOMIC DEVELOPMENT AUTHORITY AS FOLLOWS: 1. The Authority, in cooperation with the City, proposes to undertakc the acquisition ffi1d betterment of two municipal liquor stores (the "Project"). 2. The Authority, or the City on behalf of the Authority, reasonably expects to reimburse the expenditmes made for celtain costs of the Project ii'om the proceeds of bonds in an estin1ated maximum principal amow1t of $4,500,000.00. All reimbmsed expenditmes will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section l.l50-2(d)(3) of the Reimbmsement Regulations. 3. This Declaration has been made not later thffi1 60 days after payment of ffi1Y original expenditure to be subject to a reimbmsement allocation with respect to the proceeds of bonds, except for the following expenditmes: (a) costs of issuance of bonds; (b) costs in an ffinount not in excess of the lesser 01'$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 Authority to finance the project for which the preliminary expenditures were incurred. The term "preliminffiY expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that me incmred prior to conl1nenccment of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencemcnt of construction. 4. This Declaration is an expression of the reasonable expectations of the Authority based on the facts and circumstances known to the Authority as of the date hercof. The anticipated original expenditures for the Projcct and the principal amount of the bonds described in paragraph 2 are consistent with the Authority's and the budgetary and financial circumstances. No sources other than proceeds of bonds to be issucd by the Authority are, or arc reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the Authority's or the City's budget or financial policies to pay such Project expenditures. 5. This Declmation is. intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. (The remainder ofthis page is intentionally left blank.) 2 Approved by the Board ofCOlmnissioners of the Columbia Heights Economic Development Authority this r:i 1 day of '11f.o.-uJ., 2007. - Attest: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTH liT --., 3