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HomeMy WebLinkAbout2012-03-12 12-117 ORDERCOUNCIL ACTION Item No. 12 117 Date: 3-12-2012 Item/Subject: Order, Amending Arena Fund Guidelines Responsible Department: Finance Commentary: The attached Order will amend the Arena Fund Guidelines previously established by Council Order 05-333, as amended by Council Orders 09-319 and 10-246. City staff and Global Spectrum representatives have been working with the City's bond counsel and financial advisor to develop the plan to permanently finance the construction of the new arena. During this review, the City's bond counsel requested that the City amend its current Arena Fund policy. The attorney's concerns are based on some fairly restrictive IRS regulations related to the financing of a project on a tax-exempt basis with such closely linked existing funds. The proposed amendment is subtle but clarifies that the Council's flexibility in use of Arena Fund balances. It is the attorney's position that it would be in the City's best interest to clarify the policy now and avoid any potential future issues. In addition, to the clarification requested by the City's bond attorney, the attached amendment replaces the term "slot" revenues with "gaming" revenues, to reflect the recently approved change to allow for table games at the facility. This was reviewed and recommended for approval by the Finance Committee on March 5, 2012. Manager's Comments: Associated Information: Arena Fund Guidelines — Proposed Amendment Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral [W2940501.1) Department Head Page _ of _ City Manager Finance Director Solicitor ?2 1,17 March 12, 2012 DL�aN�os, Assigned to Councilor - Durgin CITY OF BANGOR Qat r, EDD f E� i _�Lct (TITLE.) Order, Amending Arena Fund Guidelines By the City Coundl of the City of Bandar:- WHEREAS, as owner of the Bangor racetrack and host community for Hollywood Casino, the City is entitled to a percentage of gaming revenues; and WHEREAS, it is the intent of the City to utilize a significant portion of these revenues for activities and costs associated with replacing the Bangor Auditorium with a new arena; and WHEREAS, by previous actions, the City Council established a special revenue fund entitled "Arena Fund" specifying sources of revenues as well as guidelines related to usage; and WHEREAS, the original policy designated slots revenue as the primary revenue stream; and WHEREAS, the City is preparing to issue General Obligation Bonds to finance the construction of a new arena; and WHEREAS, based on a review of the existing policy and IRS regulations, the City's Bond Attorney has requested a clarification to the policy; and WHEREAS, recent legislation and voter action allows for the introduction of table games, which Will generate an additional stream of revenues beyond slot revenues; NOW, THEREFORE BY IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, the Arena Fund guidelines are hereby amended in accordance with the attached revised Arena Fund Guidelines. IN CITY COUNCIL MARCH 12, 2012 MOTION MADE AND SECONDED FOR PASSAGE PASSED �/nl zrlhu c, f&/ ORDER CUTLE,) AMENDING ARENA FUND GUIDELINES Assigned to Councilor �� ARENA FUND GUIDELINES 1.0 Purpose 1217 Revenues received by the City from the operation of a Racino in Bangor are generally to be utilized for specific designated purposes and not for general municipal operations. The City's percentage of gaming revenues shall be designated toward the category of costs listed below in Section 2.0 Uses, including but not limited to the costs associated with replacing the Bangor Auditorium. 2.0 Uses 2.1 Costs associated with replacing the Bangor Auditorium, including but not limited to: land acquisition, engineering and architectural services, other consulting services, and construction and operating costs for a new facility. 2.2 Capital costs necessary to continue to operate the City's current auditorium, civic center, and track. 2.3 Demolition and/or renovation costs associated with removal and/or reuse of the Bangor Auditorium and Civic Center 2.4 Capital costs associated with relocation of the Bangor State Fair, either within the Bass Park Complex or to a new location. 2.5 Reimbursing the City's General Fund for past, present and future costs associated with attracting and locating the racino in Bangor. 2.6 Replenishing the City's Undesignated Fund Balance under circumstances where that balance has fallen below the target established by City policy, due to annual operations or extraordinary circumstances. 3.0 Funding The Arena Fund will be funded by appropriating to it the percentage of slot revenues received by the City. 4.0 Authority to Use and Withdraw The City Council must authorize the expenditure of these funds, either as an element of the annual operating budget or through a separate appropriation resolve, with the exception of the purposes outlined in 2.4 and 2.5. 5.0 Amounts and Limits. No limitations are placed on the amount that may be carried in this fund.