Loading...
RES 23-849 - Delaring Intent Allocating Future Bond ProceedsRESOLUTION NO. 23-849 A RESOLUTION of the City of Federal Way, Washington, declaring the intention to allocate future bond proceeds to reimburse expenditures in relation to the purchase of land and construction of a new Joint Operations and Maintenance Facility. WHEREAS, the City currently owns and operates a maintenance facility for the purpose of providing Parks, Police, Public Works services; and WHEREAS, the City desires to execute several purchases of land in the approximate amount of $8.5 million for the purpose of expanding the Joint Use Operations and Maintenance Facility; and WHEREAS, the City's General Fund's available reserves are not adequate to use to purchase the land required; and WHEREAS, the amount required for land acquisition is impractical to justify bond issuance costs on its own; and WHEREAS, the City anticipates and intends to use existing available funds on an interfund basis from the City's Downtown Redevelopment Fund, and Transportation Capital Fund; and WHEREAS, at such time as the City issues debt for the construction of the new facility with an estimated cost of $47 million, combined with the cost of the purchase of land, the City intends to include the cost of land acquisition and to extinguish the interfund loan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. In compliance with the requirements of certain federal regulations (the "federal reimbursement regulations") relating to the use of proceeds of tax-exempt bonds or other Resolution No. 23-849 Page I of 4 obligations ("bonds") to reimburse the City for capital expenditures (and certain extraordinary working capital expenditures) made by the City before the issue date of the bonds. The City makes the following declaration of official intent under the federal reimbursement regulations: Section 2. Description of Project for Which Expenditures are to be Made. The City intends to make (and/or, not more than 60 days before the date of this declaration, has made) expenditures, and reasonably expects to reimburse itself for those expenditures from proceeds of bonds; for the following project, property, or program (the "Project"): Purchase of land for the purpose of expansion of the City's operations and maintenance facility as authorized by Ordinance 23-953; and construction costs pertaining to said facility. Section 3. Maximum Principal Amount of Obligations Expected to be Issued for the Project. The City expects that the maximum principal amount of bonds that will be issued to finance the Project will be $50,000,000 (fifty million dollars). Section 4. Declaration Reasonable. Having reviewed the existing and reasonably foreseeable budgetary and financial circumstances of the City, the City has determined that the City reasonably expects to reimburse itself for expenditures for the Project from proceeds of bonds because the City has no funds available that already are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for those expenditures on the Project. Section 5. Limitations on Uses of Reimbursement Amounts. The City will not, within 1 year after the expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reimburse the City for previously paid expenditures for the Project in any manner that results in those amounts being treated as replacement proceeds of any tax exempt Resolution No. 23-849 Page 2 of 4 bonds, i.e., as a result of being deposited in a reserve fund, pledged fund, sinking fund, or similar fund (other than a bona fide debt service fund) that is expected to be used to pay principal of or interest on tax exempt bonds. Nor will the City use those amounts in any manner that employs an abusive arbitrage device to avoid arbitrage restrictions. Section 6. Severabilit . If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 8th day of November, 2023. [signatures to follow] Resolution No. 23-849 Page 3 of 4 CITY OF FEDERAL WAY: ATTEST: d ! , "O"Ji'm U m DR-1604, Own 6 M e APPROVED AS TO FORM: &gc'--At J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 11/01/2023 PASSED BY THE CITY COUNCIL: 11/08/2023 RESOLUTION NO.: 23-849 Resolution No. 23-849 Page 4 of 4