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RESOLUTION NO. 10826 <br />RESOLUTION ESTABLISHING PROCEDURES <br />RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND <br />REGULATIONS UNDER THE INTERNAL REVENUE CODE <br />BE IT RESOLVED by the City Council (the "Council") of the City of Roseville, Minnesota (the <br />"City"), as follows: <br />Recitals . <br />(a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 <br />(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 any <br />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 primary <br />obligor under the bonds) make a declaration of intent to reimburse itself for such prior <br />expenditures out of the proceeds of subsequently issued bonds, that such declaration be made <br />not later than 60 days after the expenditure is actually paid, and that the bonding occur and the <br />written reimbursement allocation be made from the proceeds of such bonds within 18 months <br />after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in <br />service (but in no event more than 3 years after actual payment). <br />(c) The City heretofore implemented procedures for compliance with the predecessor <br />versions of the Regulations and desires to amend and supplement those procedures to ensure <br />compliance with the Regulations. <br />(d) The City's bond counsel has advised the City that the Regulations do not apply, <br />and hence the provisions of this Resolution are intended to have no application, to payments of <br />City project costs first made by the City out of the proceeds of bonds issued prior to the date of <br />such payments. <br />2. Official Intent Declaration. The Regulations, in the situations in which they apply, <br />require the City to have declared an official intent (the "Declaration") to reimburse itself for previously <br />paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby <br />authorizes the Finance Director to make the City's Declarations or to delegate from time to time that <br />responsibility to other appropriate City employees. Each Declaration shall comply with the <br />requirements of the Regulations, including without limitation the following: <br />(a) ~ ;ach Declaration shall be made not later than 60 days after payment of the <br />applicable project cost and shall state that the City reasonably expects to reimburse itself for the <br />expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be <br />made substantially in the form of the Exhibit A which is attached to and made a part of this <br />Resolution, or in any other format which may at the time comply with the Regulations. <br />