89-53
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CITY OF CHANHASSEN
Pursuant to due call and notice thereof, a
regular
meeting of the City Council of the City of Chanhassen, Minnesota,
was held on the 10th day of April , 1989. The following
members were present:
Dimler and Workman.
Mayor Chmiel, Councilmembers Johnson, Boyt,
and the following members were absent:
None
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Member
Chmiel
introduced the following resolu-
tion and moved its adoption:
RESOLUTION NO. 89-53
RESOLUTION ELECTING TO DESIGNATE
CERTAIN BONDS ISSUED IN 1986
AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
BE IT RESOLVED By the City Council of the City of
Chanhassen, Carver and Hennepin Counties, Minnesota (Issuer) as
follows:
Section 1. Findings.
1.01. The Issuer issued its $195,000 General Obligation
Equipment Certificates of Indebtedness of 1986 (the "Bonds")
while the federal Tax Reform Act of 1986 was pending with a
retroactive effective date, specifically on or after January 1,
1986, and on or before August 7, 1986; and
1.02. When the Bonds were issued, the Issuer made a desig-
nation that it intended or otherwise declared its intent to
qualify the Bonds under Section 802 (e) (3) of H.R. 3838 of the
99th Congress as passed by the House of Representatives; and
1.03. Th~ Issuer covenanted to take such actions as are
necessary to effectuate such attempted designation: and
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1.04. For the Bonds to receive the benefit of being
designated as "qualified tax-exempt obligations" under Section
265(b) (3) of the federal Internal revenue Code of 1986, as
amended (the "Code"), it is necessary that the Issuer make an
election under subparagraphs (C) of Section 1009 (b) (3) of the
federal Technical and Miscellaneous Revenue Act of 1988 ("TAMRA")
and designate the Bonds pursuant to subparagraph (B) of Section
1009Cb) (3) of TAMRA and Section 265(b) (3) of the Code; and
1.05. The Bonds qualify for such designation because they
are not private activity bonds (or, if private activity bonds,
are qualified SOl (c) (3) bonds, or refunded bonds which were not
industrial development bonds. or private loan bonds); the Issuer
with respect to bonds issued in 1986 is a "qualified small
issuer" of $10,000,000 or less of bonds; and not more than
$10,000,000 of bonds issued in 1986 have been designated:
Section 2. Election: Designation.
2.01. Election. The Issuer hereby makes an election with
respect to the Bonds under Section 1009(b) (3) (C) of the federal
Technical and Miscellaneous Revenue Act of 1988.
2.02. Designation of Qualified Tax-Exempt Obligations. In
order to qualify the Bonds as "qualified tax-exempt obligations"
within the meaning of Section 265(b) (3) of the Code, the Issuer
hereby makes the following factual statements and representa-
tions:
(a) the Bonds are treated as issued on August 8, 1986,
because:
(i) the Bonds were issued on or after January 1,
1986, and
(ii) when the Bonds were issued, the Issuer made a
designation or otherwise declared that it
intended to qualify the Bonds under Section
802(e) (3) of H.R. 3838 of the 99th Congress
as passed by the House of Representatives,
and
(iii) the Issuer, in paragraph 1 above, has made
an election under Section 1009 (b) (3) (C) of
TAMRA; and
(b) the Bonds are not "private activity bonds" as
defined in Section 141 of the Code, or, if private
activity bonds, they are:
(i) qualified 501 (c) (3) bonds as defined in
Section 145 of the Code, or
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(ii) obligations issued to refund (or which are
part of a series of obligations issued to
refund) obligations issued before August 8,
1986, which were not industrial development
bonds (as defined in Section 103(b) (2) of the
federal Internal Revenue Code of 1954, as
amended, as in effect on the day before the
date of the enactment of the federal Tax
Reform Act of 1986) or a private loan bond
(as defined in Section 103 (0) (2) (A) as so in
effect, but without regard to any exemption
from such definition other than Section
103(0) (2)(A));
(c) the. Issuer hereby designates the Bonds as "quali-
fied tax-exempt obligations" for purposes of
Section 265(b) (3) of the Code;
(d) at the time the Bonds were issued, the amount of
tax-exempt obligations (other than private activ-
ity bonds, treating qualified 501 (c) (3) bonds as
not being private activity bonds) which had been
and were to be issued in 1986 by the Issuer (and
all entities treated as one issuer with the
Issuer, and all subordinate entities thereof)
during calendar year 1986 was not reasonably
expected to exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by
the Issuer during calendar year 1986 have been
designated for purposes of Section 265 (b) (3) of
the Code.
The motion for adoption of the foregoing resolution was duly
seconded by Member
Dimler
and upon vote being
,
taken thereon, the following voted in favor thereof: Mayor Chmiel,
Councilmembers Johnson, Boyt, Dimler and Workman.
t~e following voted against or abstained:
None
whereupon the resolution was declared duly passed and adopted.
0511RE8F.F16