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10. Resolution 4977 - Fire Truck ReimbursementCity of Kalispell Post Office Box 1991,- Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax [406)758-7758 REPORT TO: Mayor Kennedy and City Council Members FROM: Amy Robertson, Finance Director James H. Patrick, City Manager SUBJECT: Reimbursement Resolution — Fire Truck MEETING DATE: February 7, 2006 BACKGROUND: The City has applied for Board of Investment financing for the Fire Truck in the amount of $280,000 for a IO year term. The fire truck was budgeted in fiord 2957 FEMA Grant Fund. It was hoped that grant money would pay for the truck, however, it was also budgeted to be financed in the event that the grant funding was not available. The fire department has found a truck (sole source) and would like to make a down payment prior to closing on the BOI funding. That is the reason for the reimbursement resolution. Details of the truck are exhibit A of the resolution. The General Fund will make the debt service payments. We are making the final payment on the last fire truck purchased through BOl next week. This resolution, prepared by bond counsel, is necessary under IRS rules in order to reimburse the city for expenditures made before the bond proceeds are received RECOMMENDATION: Adopt Resolution ALTERNATIVES: none Amy H. Robertson Finance Director Report compiled: February 3, 2005 TJ�amesatrick City Manager RESOLUTION NO.4977 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Kalispell, Montana (the "City"), as follows: Section 1. Recitals. 1.01 The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) after the later of (1) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 1.02 The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. Section 2. Official Intent Declaration. 2.01 The City proposes to undertake certain projects, which projects and the estimated costs thereof are generally described on Exhibit A hereto, which is hereby incorporated herein and made a part hereof (the "Projects"). 2.02 Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-20)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de mimmus" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Projects have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Resolution. 2.03 The City reasonably expects to reimburse some or all of the expenditures made for costs of the Projects out of the proceeds of debt in an estimated maximum aggregate principal amount of $280,000 (the `Bonds") after the date of payment of all or a portion of the costs of the Projects. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. Section 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Projects, other than pursuant to the issuance of the Bonds and certain grant and bond proceeds identified on Exhibit A hereto. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof Section 4. Reimbursement Allocations. The Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Projects and shall specifically identify the actual original expenditure being reimbursed. Adopted this 7thday of December, 2005. Attest: City Clerk Mayor IN EXHIBIT A Descrintion of Proiects Estimated Cost. Fire Truck $280,000 2003 American La France Dominion Eagle One year old with 188 hours, full factory warranty Fully equipped including a hydraulic rescue tool and accessories. A-1