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HomeMy WebLinkAbout126-99 RESOLUTION• RESOLUTION NO 126-99 A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO REIMBURSE CERTAIN EXPENDITURES OF THE CITY PERTAINING TO THE PLANNING, DESIGNING, FINANCING, ACQUIRING, CONSTRUCTING, AND EQUIPPING OF A WASTEWATER TREATMENT PROJECT WITH THE PROCEEDS OF AN ISSUE OR ISSUES OF TAX-EXEMPT BONDS TO BE ISSUED BY THE CITY; AND STATING OTHER MATTERS PERTAINING THERETO WHEREAS, the City of Fayetteville, Arkansas, (the "City") intends to (i) construct a new wastewater treatment plant in the western portion of the City, (ii) renovate its existing wastewater treatment plant, and (iii) make associated modifications to its wastewater collection system (the "Project") to serve the growing needs of the residents of the City; and WHEREAS, the City presently intends to finance a portion of the costs of planning, designing, acquiring, constructing, and equipping the Project through the issuance of one or more series of tax-exempt bonds of the City (the "Bonds"); and WHEREAS, the City has determined the need to expend its funds to pay certain costs of the Project prior to the issuance of the Bonds, and WHEREAS, in order to utilize the proceeds of tax-exempt bonds to reimburse original expenditures made by the City with respect to the Project, it is necessary under the Internal Revenue Code of 1986, as amended (the "Code") and the U.S. Treasury Regulation Section 1.150-2 that the City make a present declaration of its official intent to make such reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City intends to issue its Bonds in one or more series in aggregate pnncipal amount not to exceed $25 million under the constitution and laws of the State of Arkansas to finance a portion of the costs of planning, designing, acquiring, constructing, and equipping the Project. Section 9. That the City intends to utilize a portion of the proceeds of the Bonds to reimburse itself for certain expenditures made by the City prior to the issuance of the Bonds with respect to the planning, designing, acquiring, constructing, and equipping of the Project. Section i, That the City intends this resolution to be its declaration of "official intent" under the Code and U.S. Treasury Regulation Section 1.150-2 to reimburse certain original expenditures with respect to the Project. • Page 2 Resolution No 126-99 PASSED AND APPROVED this day of October , 1999. ATTEST:/�nn By: O s� 5 XS ea,— Heather Wff, City Clerk Fred Hanna, Mayor • STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF OCTOBER 5, 1999 FROM: KEVIN CROSSON ADMINISTRATIVE SERVICES NAME DIVISION DEPARTMENT ACTION REQUIRED: APPROVAL OF REIMBURSEMENT RESOLUTION ALLOWING THE CITY OF FAYETTEVILLE TO REIMBURSE ITSELF CERTAIN EXPENDITURES PAID DIRECTLY FROM THE OPERATING AND CAPITAL BUDGETS OF THE CITY FOR THE WASTEWATER TREATMENT PROJECT FROM TAX-EMEMPT BOND PROCEEDS ONCE THE PROJECT HAS PROCEEDED TO THAT POINT. THIS WILL ALLOW THE CITY TO BE REIMBURSED IF WE SO CHOOSE AT THE TIME WE STRUCTURE A FINANCING PLAN. COST TO CITY: 0.00 COST OF THIS REQUEST N/A ACCOUNT NUMBER N/A PROJECT NUMBER N/A N/A CATEGORY/PROJECT BUDGET CATEGORY/PROJECT NAME N/A N/A FUNDS USED To DATE PROGRAM NAME N/A N/A REMAINING BALANCE FUND BUDGET REVIEW: BUDGETED ITEM _ BUDGET ADJUSTMENT ATTACHED BUDGET COORDINATOR ADMINISTRATIVE SERVICES DIRECTOR CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: ACCOUNTING MANAGER DATE ADA COORDINATOR DATE CT' ATTORNEY DATE INTERNAL AUDITOR DATE PURCHASING OFFICER DATE STAFF RECOMMENDATION: DIVISION HEAD PARRT/DIR3 )OR DATE V • DATE CROSS REFERENCE NEw ITEM: YES No PREY ORD/RES /i' DATEG 9/2y/ 1 ORIG CONTRACT DATE: DATE ADMvCS DIRECT AYOR • FAYETTEVI LLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THRU: Fred Hanna, Mayor lit FROM: Kevin Crosson, Administrative Services Director DATE: September 20, 1999 SUBJ: Reimbursement Resolution for Wastewater Project Expenses The City has, to date, spent approximately $5 million in expenses directly related to our wastewater treatment plant expansion project. This amount includes —$3 million for the land acquisition project, $1 million for the ultraviolet (UV) disinfection system, and —$1 million for the facilities plan and related contract amendments. All of these expenses were paid directly from operating and capital budgets. We recommend that the City Council approve the attached reimbursement resolution. While we currently do not have a financing plan in place for the project, this resolution will allow staff the flexibility to reimburse our operating and capital budgets from tax-exempt bond proceeds, once the project has proceeded to that point. This resolution does not commit the City Council to any particular financing instrument, and it does not require that we be reimbursed for those expenses. It simply allows us to be reimbursed if we so choose at the time we structure a financing plan. You will note that Section 1 includes an amount not to exceed $25 million. This is a conservative figure that, in addition to the expenses discussed above, will allow staff the ability to be reimbursed for the engineering contracts on the project that will be coming to the City Council in early 2000, and additional improvements that could be completed prior to the main expansion project. If you have any questions regarding this resolution or this project feel free to contact either myself or Charles Venable, Director of Public Works. Thank you. • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kevin Crosson, Administrative Services Director From: Heather Woodruff, City Clerk Date: October 11, 1999 Attached is a copy of the resolution regarding the reimbursement of expenditures pertaining to the Wastewater Treatment Project for your records. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Intemal Auditor