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HomeMy WebLinkAbout233-08 RESOLUTIONRESOLUTION NO. 233-08 A RESOLUTION OF INTENT REGARDING THE REIMBURSEMENT OF CERTAIN COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS TO THE WATER & SEWER SYSTEMS OF THE CITY WHEREAS, the City of Fayetteville, Arkansas (the "City") desires to obtain financing for the acquisition, construction and equipping of certain improvements to the City's water & sewer systems (the "Project"); and WHEREAS, the total costs of the Project, including expenses associated with the financing thereof, are presently estimated to be approximately $7,500,000.00; and WHEREAS, the City does not have adequate funds on hand to pay the estimated costs of the Project and related expenses; and WHEREAS, the City proposes to obtain the necessary funds to accomplish the Project through tax-exempt revenue bonds to be issued by the City ("City Bonds"); and WHEREAS, the total pnncipal amount of City Bonds allocated to the Project and related expenses are not expected to exceed $7,500,000.00; and WHEREAS, the purpose of this Resolution is for the City to declare its "official intent" to reimburse itself for certain preliminary costs (incurred by or on behalf of the City and related to the Project) pursuant to Section 1.150-2 of the Regulations of the U.S. Department of Treasury promulgated pursuant to the provisions of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS. Section 1. That the adoption of this Resolution is intended as the City's `official intent" to reimburse itself from the proceeds of City Bonds for preliminary costs of the Project and related expenses advanced by the City. %%%%% rnnn,, UFAYETTEVILLE By: e In-Ni`'LG✓ C t `n r iiiiiiiii 1%%%%% SO DRA E. SMITH, City Clerk/Treasurer PASSED and APPROVED this 16s' day of December, 2008. APPROVED: ATTEST: By DAN COODY, Mayor David Jurgens Submitted By City of. Fayetteville: Staff Review Form City Council Agenda Items or Contracts 16 -Dec -06 City Council Meeting Date Water & Wastewater Director Division Action Required: 3 064 / l41• 4/mburse- Water/Wastewater Department Approval of a resolution of intent regarding the reimbursement of certain costs and expenses incurred in connection with the acquisition, design, construction and equipping of improvements to the water and sewer systems of the City in an amount of approximately $7,500,000. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget $ Funds Used to Date Remaining Balance Budget Adjustment Attached Water/Sewer Program Category / Project Name Water/Sewer Program / Project Category Name Water/Sewer Fund Name Depa nt Do City Attorney $0J Finance and Internal Service Director Mayor 2h7uou cc( Date Date Date airs /il222 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: aye evi le ARKANSAS CITY COUNCIL AGENDA MEMO City Council Meeting of December 16, 2008. To: Fayetteville City Council Thru: Mayor Dan Coody Fayetteville Sewer Committee From: David Jurgens, Water and Wastewater Director Date: 25 November 2008 Subject: Approval of a resolution of intent regarding the reimbursement of certain costs and expenses incurred in connection with the acquisition, design, construction and equipping of improvements to the water and sewer systems of the City in an amount of approximately $7,500,000 RECOMMENDATION City Administration recommends approval of a resolution of intent regarding the reimbursement of certain costs and expenses incurred in connection with the acquisition, design, construction and equipping of improvements to the water and sewer systems of the City in an amount of approximately $7,500,000. BACKGROUND This resolution is to allow the Engineering costs associated with several capital projects, to include but not limited to the following projects: (1) water and sewer relocations and concurrent construction of a 36" water transmission main associated with the AHTD Highway 265 Widening from Mission to Joyce Boulevard; (2) water and sewer relocations associated with the AHTD Highway 16 Widening from College Avenue to Stonebridge Road; and water and sewer relocations and or replacements associated with other street improvement projects. DISCUSSION The requirement for this revenue bond issue and the intent to fund these projects via the issue was identified in the Water and Sewer Rate Study completed by HDR/EES Inc., as adopted by the City Council in early 2008. Bond funds cannot be used to cover the AHTD share of the costs for these projects The revenue bond resolution shall come forward in early 2009 as the construction date approaches for these projects This resolution is required in order to allow the engineering expenses that are accrued related to these projects to be reimbursed by the proceeds of the revenue bond issue A sample resolution provided by our utak Rock, LLP, our bond counsel, is attached. The only recommended change is to add "and sewer" everywhere it states "water". This modification was approved by Kutak Rock. "Vg NC it4for BUDGET IMPACT There is no direct cost of this resolution, which allows the projects identified herein to be funded by a water and sewer revenue bond to be issued in 2009. Hwy 265 361n Revalue Bond CCMemo 25Nov08 _ _gym cif 11L _ _ RESOLUTION NO. A RESOLUTION OF INTENT REGARDING THE REIMBURSEMENT OF CERTAIN COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS TO THE WATER & SEWER SYSTEMS OF THE CITY WHEREAS, the City of Fayetteville, Arkansas (the "City") desires to obtain financing for the acquisition, construction and equipping of certain improvements to the City's water & sewer systems (the "Project"); and WHEREAS, the total costs of the Project, including expenses associated with the financing thereof, are presently estimated to be approximately $7,500,000.00; and WHEREAS, the City does not have adequate funds on hand to pay the estimated costs of the Project and related expenses; and WHEREAS, the City proposes to obtain the necessary funds to accomplish the Project through tax-exempt revenue bonds to be issued by the City ("City Bonds"); and WHEREAS, the total principal amount of City Bonds allocated to the Project and related expenses are not expected to exceed $7,500,000.00; and WHEREAS, the purpose of this Resolution is for the City to declare its "official intent" to reimburse itself for certain preliminary costs (incurred by or on behalf of the City and related to the Project) pursuant to Section 1.150-2 of the Regulations of the U.S. Department of Treasury promulgated pursuant to the provisions of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the adoption of this Resolution is intended as the City's "official intent" to reimburse itself from the proceeds of City Bonds for preliminary costs of the Project and related expenses advanced by the City. PASSED and APPROVED this 16`h day of December, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer • Clarice Pearman - Res. 233-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Jurgens, David 12.19.08 5:24 PM Res. 233-08 Audit Audit Page 1 of 1 David: Attached is a copy of the above resolution passed by City Council. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494BD8EA... 12.19.08