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2009-024
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10/17/2024 12:10:27 AM
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9/23/2009 10:11:15 AM
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Resolution
General - Type
Resolution
Date
9/14/2009
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-MvE HILLS <br /> Post-Issuance Debt Compliance Policy <br /> The City Council of the City of Arden Hills has chosen,by policy,to take steps to help ensure that all tax- <br /> exempt debt obligations will be in compliance with all applicable state and federal regulations regarding the <br /> obligations. This policy may be amended,as necessary,in the future. <br /> Background <br /> Tax-exempt debt obligations(debt for which the interest paid to the debt holders is excludable from their <br /> gross income for federal income taxes)result in a lower interest cost to state and local governments(the <br /> issuer). The tax-exempt status remains throughout the life of the debt obligation provided all applicable <br /> state and federal tax laws are satisfied at the time of issuance and throughout the term of the <br /> obligation. The Internal Revenue Service(IRS)is responsible for enforcing compliance with the Internal <br /> Revenue Code and most other regulations governing tax-exempt obligations. The IRS expects issuers and <br /> beneficiaries of tax-exempt debt to adopt and implement a post-issuance debt compliance policy and <br /> procedures to safeguard against post-issuance violations that may result in the loss of the tax-exempt status <br /> of the debt. <br /> Post-Issuance Debt Compliance Policy Objective <br /> The City of Arden Hills desires to monitor all of its tax-exempt debt obligations to ensure that all tax- <br /> exempt debt obligations remain in compliance with the IRS Code and all other regulations governing tax- <br /> exempt obligations. To help ensure compliance,the City of Arden Hills has developed a"Policy". The <br /> following Policy shall apply to all tax-exempt debt obligations including bonds,notes,loans,lease purchase <br /> contracts, lines of credit,commercial paper,or any other form of tax-exempt debt. This Policy primarily <br /> applies to governmental bonds; for post-issuance policies specifically related to conduit/private activity <br /> bonds, see the Procedure for Application to City of Arden Hills,Minnesota for Private Activity Revenue <br /> Bond Financing. <br /> Post Issuance Debt Compliance Policy <br /> The Finance Director of the City of Arden Hills is designated as the City's agent who is responsible for <br /> post-issuance compliance of all tax-exempt debt obligations,and is referred to in this policy as the <br /> "Compliance Officer." <br /> The Compliance Officer shall assemble all relevant documentation,records and activities required to <br /> ensure post-issuance debt compliance as further detailing the"Post-Issuance Debt Compliance <br /> Procedures". At a minimum,the Post-Issuance Debt Compliance Procedures for each tax-exempt debt <br /> obligation will address the following: <br /> I. General Post-Issuance Compliance,- <br /> 2. Proper and timely use of bond proceeds and bond-financed property; <br /> 3. Arbitrage yield restrictions and rebate; <br /> 4. Timely filings and other general requirements; <br /> 5_ Additional undertaking or activities that support points I through 4 above; <br /> 6_ Other requirements that become necessary in the future. <br /> The Compliance Officer shall apply the Post-Issuance Debt Compliance Procedures to each tax-exempt <br /> debt obligation and maintain a record of the results. Further,the Compliance Officer will ensure that the <br /> • Post-Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. <br />
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