2024-021
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: January 8, 2024 RESOLUTION NO: 2024-02
MOTION BY: McDonald SECONDED BY: Kimber
RESOLUTION DESIGNATING OFFICIAL AUTHORIZED TO DECLARE OFFICIAL
INTENT UNDER REIMBURSEMENT BOND REGULATIONS
WHEREAS, the Department of the Treasury has issued final regulations (Treas. Reg. §
1.150-2) (the “Reimbursement Bond Regulations”) that, for the purpose of determining whether
interest on certain obligations of a state or local government is excluded from gross income for
federal income tax purposes, permit the use of the proceeds of tax-exempt obligations to
reimburse capital expenditures made prior to the date of such obligations are issued only if the
state or local government, within 60 days of the date of expenditure, declares its official intent to
reimburse the expenditure with proceeds of borrowing; and
WHEREAS, the Reimbursement Bond Regulations require that if a current expenditure
is to be permanently financed by a later issue of tax-exempt obligations a state or local
government must declare its intention to reimburse itself for the expenditure from proceeds of a
borrowing within 60 days from when the expenditure is made (the “Declaration of Official
Intent”); and
WHEREAS, the Reimbursement Bond Regulations permit a state or local government to
designate an official or employee to make Declarations of Official Intent on its behalf; and
WHEREAS, the City Council (the “Governing Body”) of the City of Chanhassen,
Minnesota (the “Issuer”) deems it to be necessary, desirable, and in the best interest of the Issuer
to authorize an official or employee of the Issuer to make Declaration of Official Intent on its
behalf when the Issuer reasonably expects to reimburse itself from the proceeds of borrowing for
certain expenditures for a specific property, project, or program from which it pays from other
funds prior to the receipt of the proceeds of the borrowing with respect to such expenditures; and
WHEREAS, the Governing Body hereby finds and determines that designating an
official or employee with the authority to make Declarations of Official Intent will facilitate
compliance with the Reimbursement Bond Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Issuer,
pursuant to Treas. Reg. § 1.150-2(e)(1), that:
Section 1. Authorization to Declare Official Intent. The Finance Director is hereby
authorized and designated to make Declarations of Official Intent on behalf of the Issuer
pursuant to the above-referenced Reimbursement Bond Regulations.
Section 2. Form of Declaration. Any such Declaration of Official Intent shall be made
in substantially the form attached hereto as Exhibit A.
DocuSign Envelope ID: B6A40645-2566-4303-B79D-A73348689EFD
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Section 3. Public Availability. Any Declaration of Official Intent shall be maintained in
the files of the Issuer and shall be made available for public inspection in compliance with
applicable State law governing the availability of records of official acts of the Governing Body.
Section 4. Further Authorizations. The official or employee authorized and designated
above is hereby further authorized to take such other actions as may be necessary or desirable to
comply or evidence compliance with the Reimbursement Bond Regulations.
Section 5. Effective Date. This Resolution shall take effect immediately upon its
adoption and approval.
PASSED AND ADOPTED by the Chanhassen City Council on this 8th day of January
2024.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Schubert
von Oven
Kimber
DocuSign Envelope ID: B6A40645-2566-4303-B79D-A73348689EFD
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EXHIBIT A
DECLARATION OF OFFICIAL INTENT
This is a Declaration of Official Intent of the City of Chanhassen, Minnesota (the “Issuer”) to
reimburse expenditures with proceeds of borrowing or borrowings authorized by the Issuer. This
Declaration is made under and pursuant to Treas. Reg. § 1.150-2. The undersigned has been
designated as an official or employee authorized by the Issuer to make this Declaration of
Official Intent pursuant to Resolution 2024-____ adopted on January 8, 2024. This Declaration
of Official Intent is a public record maintained in the files of the Issuer and is available for public
inspection pursuant to Minnesota State Statutes.
The undersigned hereby declares that it is the reasonable expectation of the Issuer to use
proceeds of a borrowing or borrowings to be incurred by the Issuer to reimburse expenditures for
the property, project, or program from the fund(s)/account(s) described below:
1. _______________________________________________________________
The maximum principal amount of the borrowing or borrowings to be incurred to reimburse
expenditures for the above-described purposes is reasonably expected, on the date hereof, to be
$________________.
The Issuer intends to reimburse itself from borrowed funds within eighteen (18) months (or three
(3) years if the City is considered a small government issuer for the calendar year, i.e., no more
than $5,000,000 of government bonds is expected to be issued in the calendar year) after the later
of (a) the date the expenditure is paid or (b) the date the facility is placed in service, but in no
event, more than 3 years after the expenditure is paid.
No money from sources other than the anticipated borrowing or borrowings is or is reasonably
expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the Issuer with
respect to the expenditure, pursuant to the budgetary and financial circumstances of the Issuer as
of the date of this Declaration.
Dated this _______ day of _________ __________.
CITY OF CHANHASSEN
By: ____________________________
____________________, Finance Director
Attest: ____________________________
____________________, City Clerk
DocuSign Envelope ID: B6A40645-2566-4303-B79D-A73348689EFD