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November 10, 1992 <br /> <br />Ayes: Clemons, Epperson, Griffin, Hawks,~King, Pitts~ Webb. <br />Nays: None <br /> <br /> - CITY MANAGER'S REPORT - <br /> <br /> 92-384~i Letter from the City Manager:recommendZng <br />adoption of a resolution providing for compliance with <br />reimbursement regulations. <br /> <br /> "The United States Internal Revenue Service has issued new <br />rules and regulations pertaining to. the method by which <br /> <br />governmental:~bodies~ are able to be <br />made for cap~itat~Drojects prior to <br />bonds. <br /> <br /> Before these new regulations, <br /> <br />reimbursed for expenditures <br />the actual sale of~ the <br /> <br />the City Council-, after <br /> <br />adopting a resolution authorizing the issuance of bonds, would <br />appropriate amounts for the various projects. When the City <br />needed the~ cash~to-pay:the bills_for these projects, a bond <br />issue woutdlbe-brought to market. The proceeds from the sale <br />would then<,be applied~to the expenditures. Several. state and <br />other govemn~en%al'~aoencies throughout the country apparently <br />have abused~the~reimbursement process. For example, some have <br />taken a building constructed twenty years ago from general fund <br />monies and reimbursed themselves from a current bond issue to <br />favorably impact on their general fund balance. Recognizing <br />this as a possible widespread problem, the IRS has issued <br />regulation~ that req6ire an intent form to be executed for each <br />project to be~eimbursed from future bond proceeds. <br /> <br /> The resolution on your agenda has been prepared by the <br />City's Bend Counsel and reviewed by,~the City~-Aqtorn~y~, It <br />authcrizes~the~C%t~ Manager or the Director ef Finance~to <br />record the Declaration of Intent With ~he CiZy Clerk~and to <br /> <br />have it available for public <br />issued. <br /> <br /> I, there[6r~, recommend <br />the attached resolution." <br /> <br />inspection untii the bonds are <br />your favorable consideration of <br /> <br /> On mohion~of M~. Clemons, and seconded by Mr~ H~wks, the <br />following resolution was adopted, and by the following vote: <br /> <br /> "A RESOLUTION PROVIDING FOR COMPLIANCE WITH REIMBURSEMENT <br /> REGULATIONS.. <br /> <br /> WHEREAS, the Department of Treasury of the United States <br />has issued final regulations under Section 103 of the Internal <br />Revenue Cod~' of 1986, as amended, to clarify when~the <br />allocation of bond proceeds to reimburse expenditurem <br />previously made by an issuer of tax-exempt bonds is treated as <br />an expenditure of the bond proceeds; and <br /> <br /> WHEREAS, the regulations apply to bonds issued after March <br />2, 1992, to reimburse expenditures paid before and after such <br />date; and <br /> <br /> WHEREAS, the City Council of the City o~f Portsmouth, <br />Virginia (~he "City"), deems it advisable and in the best <br />interests of the City to provide'~fo~ the ~reatment of <br />reimbursements made from proceeds of tax-exempt debt as an <br />expenditure of proceeds thereof; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the <br /> City of Portsmouth, Virginia: <br /> <br /> <br />