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<br />, <br /> <br />., <br />< <br /> <br />( J>) DORSEY <br /> <br /> <br />PUBLIC FINANCE <br />UPDATE <br /> <br />City Capital Improvement Bonding Authority <br /> <br />The 2003 Minnesota Legislature <br />enacted into law a program that allows <br />home rule and statutory cities to <br />establish a capITal improvement program <br />and issue bonds for certain capital <br />improvements without an election. <br />Similar authority has been in place for <br />counties for several years. <br /> <br />Permissible Capital <br /> <br />Improvements <br /> <br />The law defines 'capital improvements' <br />to include acquisition or betterment of <br />public lands, buildings or other <br />improvements, with an expected useful <br />life of at least five years or more, for the <br />purpose of a city hall, public safety <br />facility, and public works facility. <br />Specifically excluded are: parks, libraries, <br />roads, bridges, other city administrative <br />buildings, light rall transit and related <br />activities, and land therefor. <br /> <br />Capital Improvement <br />Plan Requirements <br /> <br />Contents <br /> <br />A capital improvement plan must cover <br />at least a five-year period beginning with <br />the date of ITs adoption and must <br />contain: <br /> <br />the estimated schedule, timing, and <br />details of specific capital <br />improvements by year, <br /> <br />the estimated costs of the capital <br />improvements; <br /> <br />the need for the capital <br />improvements; and <br /> <br />the sources of revenue to pay for <br />the capital improvements. <br /> <br />A capital improvement plan may be <br />amended annually by the City Council <br />after a public hearing. <br /> <br />Considerations <br /> <br />In preparing a capital improvement plan, <br />a City Council must consider, for each <br />capital improvement and for the capital <br />improvement plan overall: <br /> <br />the condition of the City's existing <br />infrastructure, including the projected <br />need for repair or replacement; <br /> <br />the likely demand for the capital <br />improvement; <br /> <br />, the estimated cost of the capital <br />improvement; <br /> <br />the available public resources; <br /> <br />the level of overlapping debt in the <br />City; <br /> <br />. the relative benefits and costs of <br />alternative uses of the funds; <br /> <br />, operating costs of the proposed <br />improvements; and <br /> <br />alternatives for providing services <br />most efficiently through shared <br />facilities wITh other cities or local <br />government unITs. <br /> <br />Bond Characteristics <br />& Limitations <br /> <br />Bonds issued under this authority are <br />subject to the provisions of Chapter 475, <br />including the net debt limits contained in <br />Minnesota Statutes, Section 475.53. <br />Bonds may not be issued if the <br />maximum amount of principal and <br />interest to become due in any year on <br />all such bonds issued under this <br />authority would equal or exceed <br />0.05367 percent of taxable market <br />value of all property in the county. <br /> <br />This calculation is required to be made <br />using the taxable market value for the <br />taxes payable in the year in which the <br />obligations are issued and sold. We <br />believe that the reference to taxable <br />market value in the county was a <br />drafting error in the legislation, and that <br />the Legislature intended to refer to <br />taxable market value in the City. We <br />have been advised that a correction to <br />this language will be included in the <br />Public Anance Bill to be considered <br />during the 2004 legislative session. <br /> <br />'-"""-"';":':"'..'.' <br />"","",,-:' --'- ':-"'''' " <br />-,,'-,,',"-" ..-, -', ;.- <br />Look inside for stel>-by-step <br />instriictions on how to apply <br />this new tool in your city! <br /> <br />Dorsey & Wh1lney UP <br /> <br />?;;:;?~::c: ~~~~'J;,~~C= fJ?'lD&7E I A P.Jblicatiol) of Dorsey's Public Finance Practice Group <br /> <br />Ju~ 2003 <br />