HomeMy WebLinkAbout1991-07-22 91-301 ORDERcounca
Date 7/22/91nOn Item NO. pl_3p_—
Item/Subject: Declaration of Offical Intent foereimburse exepnlitures from
tax-exempt bonds and notes per IRS proposed regulation 1.103-17
Responsible Department: Finance
Commentary:
The IRS bas issued a proposed regulation which requires the issuers of tax-exempt
bonds and notes to declare thler intent to issue bonds and notes and to
part or all of the proceeds to reimburse expenditures made by the tax empt
issue prior to the issuance of the bonds or notes.
Christ Record. bond counsel at Pie Le, Atwood faxed the attached delaration to
meet the IRS requirements for the issuance of band and notes which have either
been approved by the Council or the voters, or which willare anticipated to be
presented to the Council for approval.
This action is nota authorization for the i r
of bonds o notes. and
e
does act takthe place of a bond order or therequirements for holding public
hearings before the adoption of a band order as required by Charter. This i
a public statement for IRS compliance Of the city]s intent, which f y or may
not follow through with.
1; as xmA
Manager's Comments:
1
Gry MmvFor
Associated Information:
Budget Approval:
Allace —DICCIII
Legal Approval
City Solicimr
Introduced For
OPassage
❑-First Reading _ Page — of—
❑Referral
geared to CgmcBw Cohen 91-301
CITY OF BANGOR
(TITLE.) (®rbBrf Rec.h. n ofofEifal rent to eimburee Expendit s from.. rax -exempt pa
_
bonds and notes per ffi5 proposed regulations 1.103-17.
By W My Cpyaeit of As CRY of Dagger:
ORDERED,
TnT the attached declatatltnn of official intent prepared by Christopher
Howard, Pierce, ground, City Bond Counsel is hereby adopted including exhibits A,
B. C, and D.
In City Council July 22.1991
Suspension of the Rules Passed
Order Passed
MEN!il. /7�
91-301
ORDER
Title,
Declaration of official intent to
......................................
Reimburse expenditures from tax -exempt
bonds and
dd]notes per IRS proposed regulotions
1.103 - As®gned to
......................................
Covncilman
DECLARATION OP OPPICIAL IMTERT UURSUANT TO
PROPOSED TRSASURy REGULATION f 1.103-3T
RHEREASr the City of Bangor, Maine (the '"issuer") Currently
intends to proceed with the following projects (the "projects"):
1. Construction/renovation of the Garland Street Middle
School;
2. ReconstruCtion and improvement of sewer and stormwater
drainage facilities to address Combined sewer Overflow
requirements and sewer construction, reconstruction and
improvement at Meadowbrook III, Blanchard DOW TxUCKP Old
Capehart and Everett Street;
3. Improvements to the Issuer's Nursing Facility;
6. Capital improvements to be made at Hass Park: and
5. Expansion of Ua Issuer's airport terminal..
MMMSfesr the Issuer intends to finance the costs of the
projects through the issuance of tax-exempt bonds and notes in
anticipation thereof; and
NHERHAS, Proposed Treasury Regulation $1.103-17 requires
that an Issuer declare its official intent to reimburse
expenditures with proceeds of tax-exempt obligations prior to
the date of expendituret
PDR, THEREFORE, the Issuer does hereby declare itsofficial
intent as follows:
1. paQlargtion of Intent. The Issuer intends to reimburse
expenditures made on the Projects prior to the issuance of
either bonds or notes therefor with the proceeds of tax-exempt
obligations to be issued by the Issuer.
2. gral DZscription Of 2ronertV to which'mb t
Relates. The following is a reasonably accurate general
functional description of the type and use of the property with
respect to which reimbursements will be made (state expected
size, cost or quantity of the property):
a. Construction of improvements to and renovation of the
Garland Street Middle School at a cost of approximately
$61695,000, as approved by the State Of Maine Board of
'Sducation by Certificate of Approval for School
Construction Aid dated Tune 13, 1991:
b. Reconstruction and improvement of sewer and stormwater
drainage facilities to address combined sewer overflow
requirements and sewer construction, reconstruction and
improvement at Meadow brook III, Blanchard, Dow Truck, Old
Capehart and Everett Street: all as more particularly
reflected in the description of sewer projects attached as
Exhibit A hereto and at a total combined cost of
approximately $3,365,000;
c. Improvements to the Issuer's Nursing Facility as more
particularly
described in Exhibit B at a cost of
approxim
d. Capital improvements to Ibe made at Bass Park consisting
of those improvements listed in Exhibit C attached hereto
with a total combined cost of approximately $1,000,000.
a. Expansion of the Issuer's airport terminal as more
particularly described in Exhibit D at a cost of
approximately $10,750,000, of which $5,730,000 is expected
to be bonded.
3 'Tdeptif catiop of Source of Funds, Expanditures made
prior to the issuance of bonds and/or notes to finance such
Costa shall be funded with moneys from the following sources;
ProProis= 12Urce I t i F d
a. Garland Street Middle School General Fund
b. sewer Sewer User Charge
Revenues
c. Nursing Facility Facility Revenues
d. Bass Park Park Revenues and, to
the Extent Necessary,
Issuer General Fund
a. Airport Terminal Airport Revenues
The source of funds to be used to pay debt service on the
proposed bonds and/or notes are. -
f
a. Garland Street Middle School
b. sewer*
c. Nursing Facility*
d. ease Park*
e. Airport Terminal
-2-
source Debt Servicm
Payment
All Unrestricted Issuer
Revenue and state School
Construction Aid
sewer User Charges and
Associated Fees Revenues
Facility Revenues
Park Revenues
Airport Revenues
*The bonds/notes for each of these projects will be general
obligation bonds/ notes of the Issuer payable from all
unrestricted tax and other revenue of the Issuer. Internally
such obligations shell be payable first from the sources
indicated above and only from general revenues to the extent of
any deficiency.
q• =atus of Bond and/or Notes. Tha bonds and/or notes to
be issued to finance the costs of the Projects described above
are intended to be tax-exempt obligations as described in
Section 103(x) of the Internal Revenue Code of 1986, as amended.
5. public AmailabilitVo' 'al forest- This
Declaration of official Intent shall be maintain" as a public
record of the Issuer and shall be maintained and otherwise
supervised by its Clark on behalf of the Issuer. This
D@CIaratimn of official Intent shall be continuously available
for public inspection during normal business hours of the
Issuer on every business day of the period beginning the
earlier of ten days after the date hereof or the date of issue
of the bonds anal/or notes contemplated hereby and ending on,
and including, the Hate of issue of such bands or notes at the
office of the Clerk.
6. Authority for peolion.This declaration is adopted
by order of the municipal officers of the Issuer.
-3-
7122191
Project descripti was
Exhibit A:
Sewer and stormater drainage facilities: combined sewer separation
Projects, per council Drder 91-113 and in response to the Consent Decree
between the City of Bangor and the OSA BPA, and Maine DBP.
Exhibit E:
nursing Facility: renovation of space to add five rams which will
canmadate ten beds. Five beds will be added when the project i
complete, and an additional live will be added two years later.
Exhibit C
Bass Park:—recreation of spaces within the auditorium and Civic Center
buildings, additional of equipment and equipage and certain improvements
to the raceway. Included are: repair of the auditorium floor and
bleachers; improvements to the kitchen, lockers r , rostrums,
concession mp
areas and lecture room; relaing parking lots and roadways .and
the
auditorium interior lighting; improvements to the parking lot and
other improv see Six.
Exhibit D:
Airport Terminal: addition of.iB S square feet and the renovation of 4$9Lb
including arems feet of apace in the domestic andinternationalarrivals buildings,
gates, Office space, Custom area, waiting and concession areas.