Number
241711
Version
Original
Sponsor
THE CHAIR
Title
Certification that obligations can be sold and issued, and declaring official intent to be reimbursed from proceeds of obligations issued under City borrowing resolutions recently adopted or to be considered for adoption by the Common Council.
Analysis
Resolution declaring official intent for the City of Milwaukee (“City”) to be reimbursed from tax-exempt note or bond proceeds.
Body
Whereas, the City enacts a capital budget, which contains certain capital expenditures the City expects to finance with temporary advances (the “Temporary Advances”) prior to issuing tax-exempt bonds or notes (“Obligations”) to permanently finance such expenditures (the “Expenditures”), as more fully described on Exhibit A hereto; and
Whereas, pursuant to the budgetary and financial policies and practices of the City, the Temporary Advances are not available to fund the Expenditures on a long-term basis; and
Whereas, it is reasonably expected that the Expenditures will be financed, in whole or in part, on a long-term basis with Obligations; and
Whereas, section 1.150-2 of the IRS Regulations and section 54A(d)(2)(D) of the Internal Revenue Code of 1986 (collectively, “Reimbursement Rules”) describe the circumstances under which tax-exempt debt may be issued to finance reimbursable Expenditures; and
Whereas, Common Council File No. 921116 delegated the responsibility for complying with the “Official Intent” requirements of the Reimbursement Rules to the City’s Commissioners of the Public Debt (the “Commissioners”);
Now, therefore, be it resolved that the Commissioners declare the official intent of the City respecting the Expenditures:
1. The City reasonably expects to reimburse itself for the Expenditures with proceeds of tax-exempt Obligations;
2. This statement of intent is a declaration of official intent for reimbursement (a “Declaration”) under the Reimbursement Rules;
3. The maximum principal amounts of Obligations to be issued and a general functional description of the projects to be financed will be approximately $222,799,646 as more fully described on Exhibit A hereto.
4. Before the date that is 60 days prior to the date of this Declaration, no payments have been made by the City for the Expenditures to be reimbursed relating to a project described in the attached exhibit, other than for preliminary expenditures that are incurred prior to commencement of construction, rehabilitation, or acquisition of such project, and these preliminary expenditures do not exceed 20% of the aggregate issue price of that portion of the borrowing or borrowings that finance or are reasonably expected to finance such project. The term “preliminary expenditures” means architectural, engineering, surveying, soil testing, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction.
5. Each issue of Obligations from which an Expenditure for a project is to be reimbursed will be issued within 18 months following the later of (i) the date of the Expenditure, or (ii) the date on which such project is placed in service, but no later than 3 years after the date of the Expenditure.
Drafter
Comptroller
Joshua Benson
PD-8701cW.rtf