Resolution relating to financing of certain proposed projects to be undertaken by the City of Monticello, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code

BE IT RESOLVED by the City Council (the “Council”) of the City of Monticello, Iowa (the “City”), as follows:

Section 1. Recitals.

(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance.

(b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing and that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within a certain period after the payment of the expenditure or the date the projects are placed in service; and

(c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified.

Section 2. Official Intent Declaration.

(a) The City proposes to undertake the following projects and to make original expenditures with respect thereto prior to the issuance of bonds, notes or other obligations (the “Bonds”) and reasonably expects to issue the Bonds for such projects in the maximum principal amount shown below:

Maximum Amount of Bonds

Projects Expected to be Issued for Projects

Second Street Reconstruction $300,000

Sewer Levee $150,000

GIS System Purchase $ 60,000

Public Works Building $ 55,000

Hardscrabble Road $140,000

Riddle Building Demolition $ 50,000

(b) Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds or (ii) expenditures made not earlier than sixty days prior to the date of this Resolution or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for the projects have heretofore been made by the City for which the City will seek reimbursement from the proceeds of the Bonds.

(c) This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.

Section 3. Budgetary Matters.

As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations.

Section 4. Reimbursement Allocations.

The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds.

Section 5. Repealer.

All resolutions, parts of resolutions, or actions of the Council in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved February 22, 2011.

John Sauser, Mayor Pro Tem


Sally Hinrichsen, City Clerk

June 15, 2005

Timothy Rhode

City Administrator

City Hall

200 E. 1st Street

Monticello, IA 52310-1501

Re: Reimbursement Regulation Resolution

2005 Corporate Purpose Projects (Gas Line, Sports Complex,

Runway Expansion and Signage)

Our File No.: 435926

Dear Tim:

Based on a request from Jon Burmeister, we have prepared a form of resolution which should be adopted by your City Council on June 20 in order to comply with federal regulations and to preserve the City’s eligibility to be reimbursed from bond or note proceeds for cash spent on the Gas Line, Sports Complex, Runway and Signage projects. In Section 2 of the resolution we have identified the projects and the estimated amount of bonds or notes which will be issued in the future. If any amount is not correct, please make appropriate changes.

Please return one executed copy of the resolution to us for our files.

Very truly yours,

Robert E. Josten




cc: Sally Hinrichsen

Jon Burmeister