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HomeMy WebLinkAbout12-181 Project #12-002 CR 12 Improvement Project 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 1 2 - 181 ORDERING 2013 IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR COUNTY ROAD 12 (PROJECT #12 - 00 2 ) ; FINANCING THE COUNTY ROAD 12 I MPROVEMENT PROJECT TO BE UNDERTAKEN BY THE CITY AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BON D REGULATIONS UNDER THE INTERNAL REVENUE CODE Motion By: Soukup Second By: Hedberg WHEREAS, the Prior Lake City Council on its own initiative has determined that it desires to complete the 2013 Public Improvement Project to County Road 12 ; and WH RE AS, on October 8, 2012; the City Council adopted Resolution 12 - 168 accep ting the Feasibility Report and calling for a Public Hearing to be held on the County Road 12 Improvement Project which includes sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work ; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held on the 13 day of November, 2012, at which time all persons desir ing to be heard were given an th opportunity to be heard thereon; and WHERE S, since the project was initiated by the City Council it must be approved by 4/5ths vote in accordance with Minnesota Statutes 429.031 Subdivision 1(f) ; and NOW THEREFORE , BE IT HE REBY RESOLVED BY THE CITY COUNCIL OF PRIO R LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 3. The City Engineer is hereby aut horized to prepare plans and specifications for the improvements delineated i n City Council Resolution 12 - 168 adopted on October 8, 2012 and by the required statutory 4/5ths vote does hereby order the project . 4. The City Engineer is hereby designated as the Engineer for these improvements and is authorized to record engineering expenses in t he Construction Fund (#501 - 48375 ) . 5. The Engineer shall prepare plans and specifications for the making of such improvements for the 20 13 Improvements to County Road 12 . 6. Th e City Council authorizes the following preliminary funding sources and corresponding transfers to the Construction Fund for the project: Assessments $439,325 Tax Levy $65,953 State Aid $200,000 Clean Water Grant $126,875 Water Fund $45,277 Sewer Fun d $59,940 Trunk Fund $748,348 Water Quality Fund $120,000 WSD Grant $214,750 Scott County $1,344,090 Project Total Cost $3,364,560 7. The City has determined to make a declaration of official intent (“Declaration”) to reimburse certain estimated costs for this project from proceeds of bonds in accordance with the Internal Revenue Service Reimbursement Regulations (Treasury Reg. 1.150 - 2). 8. The City may declare other separate statements of reimbursement intent in connection with specific public improvemen ts projects as they are initiated under Minnesota Statutes Chapters 429 and 444, or for other capital projects, with the understanding that such additional declarations of reimbursement intent will supplement this resolution. All reimbursed expenditures w ill be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150 - 2(d)(3) of the Reimbursement Regulations. 9. This Declaration has been made no later than 60 days after payment of any original e xpenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: a. costs of issuance of bonds; b. costs in an amount not in excess of $100,000 or five percent of the proceeds of an issue; or c. “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “prel iminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project other than land acquisition, site preparation, and si milar costs incident to the commencement of construction. 10. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as the date hereof. The anticipated original expenditures for the Projects and the principal amount of the bonds are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be reserved, allocated on a long term b asis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 11. This Declaration is intended to constitute a Declaration of the Official Intent for the purposes of the Reimbursement Regulations. PASSED AN D ADOPTED THIS 13 DAY OF NOVEMBER 201 2 . TH YES NO Myser X Myser Erickson X Erickson Hedberg X Hedberg Keeney X Keeney Soukup X Soukup ______________________________ Frank Boyles, City Manager 2