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HomeMy WebLinkAboutMO #2598MUNICIPAL ORDER NO. 2598 A MUNICIPAL ORDER DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR THE COST OF CAPITAL EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS, AUTHORIZING A NOTICE TO PROCEED WITH CONSTRUCTION AND UPDATED LETTER OF COMMITMENT WITH WEYLAND VENTURES DEVELOPMENT, LLC, AUTHORIZING THE USE OF CAPITAL IMPROVEMENT FUND FUND BALANCES UNTIL SUCH TIME AS REIMBURSEMENT IS REALIZED, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, on August 12, 2020, the City of Paducah (hereinafter the "City") entered into a Development Agreement (hereinafter the "Agreement") with Weyland Ventures Development, LLC, (hereinafter "Developer") as authorized by Ordinance No 2020-08-8650; and WHEREAS, the Agreement authorizes and governs certain Public Facilities, which include all of the facilities that are to be constructed by the Developer on property retained in fee simple ownership by the City, including the parking facility, Greenspace Park and urban park (collectively, the "City Block Public Facilities Project"); and WHEREAS, the Agreement authorizes the reimbursement to the Developer of the actual total costs that the Developer incurs in the development and construction of the Public Facilities and provides that the City shall provide the Developer with a not -to -exceed budget for the public facilities no later than the midpoint of the design plan; and WHEREAS, the City Commission adopted a Resolution on June 22, 2021 declaring the City's intent to reimburse itself with the proceeds of Reimbursement Bonds in the reasonably anticipated amount of up to $3,000,000 for the purpose of Capital Expenditures for the City Block Public Facilities Project that may occur before the issuance of Reimbursement Bonds; and WHEREAS, on June 23, 2021, a letter of commitment was issued to the Developer stating that the City would fund up to $3 million for eligible expenses related to the development and construction of the Public Facilities; and WHEREAS, on Tuesday, April 5, 2022, sealed bids were opened for the City Block Public Facilities; and WHEREAS, one (1) responsive and responsible bid was received from Ray Black & Son, Inc. in the amount of $3,444,336 which was 13.79% above the engineer's construction cost estimate and includes an $80,000 contingency; and WHEREAS, City of Paducah staff recommend to increase said contingency by $220,000 for a total contingency amount of $300,000 and a total project cost of $3,664,336; and WHEREAS, Code Section 150 and the Reimbursement Regulations permit the City to issue Tax -Exempt Obligations and to use the proceeds thereof to reimburse the City for its prior payment of Capital Expenditures provided, among other things, (i) the City makes a Declaration of Official Intent within sixty days after payment of such Capital Expenditures, (ii) the City makes a Reimbursement Allocation within eighteen months after the date a Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, and in any event no later than three years after the Capital Expenditure was paid; and WHEREAS, the City desires to make a Declaration of Intent pursuant to the Reimbursement Regulations related to the payment of Capital Expenditures for the City Block Public Facilities Project in the new amount of $3.5 million; and WHEREAS, the City expects to expend existing Capital Improvement Fund fund balances to pay Capital Expenditures for the City Block Public Facilities Project until such time as the City is able to reimburse itself with the proceeds of Reimbursement Bonds; and WHEREAS, the City desires to authorize an updated Letter of Commitment and a Notice to Proceed with Construction between the City and the Developer. NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,KENTUCKY: SECTION 1. Affirmation of Preamble. It is hereby found, determined, and declared that the facts, recitals, and definitions set forth in the recitals of this Municipal Order are true and correct and are hereby affirmed, and all acts described in the recitals of this Municipal Order are hereby ratified. Such facts, recitals, and definitions are hereby adopted and incorporated as a part of this Municipal Order. SECTION 2. Definitions. "Allocation" means written evidence that proceeds of Tax -Exempt Obligations issued after the payment of a Capital Expenditure are to reimburse the City for such payment. "Capital Expenditure" means any expense related to the City Block Public Facilities Project for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Code" means the Internal Revenue Code of 1986, as amended. "Declaration of Official Intent" means a written declaration, including this Resolution, which the City intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to reimburse the City from the proceeds of such an issue. "Reimbursement" means the restoration to the City of money temporarily advanced from other funds, including moneys borrowed from other sources, by the City to pay for Capital Expenditures before the issuance of Reimbursement Bonds intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Tax -Exempt Obligations that are issued to reimburse the City for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the City. "Reimbursement Regulations" means Treasury Regulation §1.150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary, or final form, as applicable, prescribing conditions under which the proceeds of Tax -Exempt Obligations may be allocated to reimburse the City for Capital Expenditures and certain other expenses paid before the issuance of the Tax -Exempt Obligations so that the proceeds of such Tax -Exempt Obligations will be treated as "spent" for purposes of Code Sections 103 and 141 to 150. "Tax -Exempt Obligations" means tax-exempt bonds, notes, certificates, or other obligations included in the meaning of "bonds" under Code Section 150. SECTION 3. Declaration of Oficial Intent. That the City hereby declares, pursuant to the Reimbursement Regulations, its official intent to reimburse itself with the proceeds of Reimbursement Bonds in the reasonably anticipated amount of up to $3,500,000 for the purpose of Capital Expenditures for the City Block Public Facilities Project that may occur before the issuance of Reimbursement Bonds. SECTION 4. Authorization of Notice to Proceed. That the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute the Notice to Proceed with Construction between the City and Weyland Ventures Development, LLC. SECTION 5. Authorization for Updated Letter of Commitment. That the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to issue an updated Letter of Commitment to Weyland Ventures Development, LLC, to commit a not -to -exceed amount of $3,664,336 for eligible expenses related to the development and construction of the City Block Public Facilities Project. SECTION 6. Authorization for Use of Fund Balances. That the City hereby authorizes the use of existing Capital Improvement Fund fund balances to fund reimbursement to Weyland Ventures Development, LLC, for the City Block Public Facilities Project in an amount not to exceed $3,664,336 until such time as the City may reimburse itself with the proceeds of reimbursement bonds as referenced herein. SECTION 7. Severability. That if any section, paragraph or provision of this Municipal Order shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Municipal Order. SECTION 8. Conflicts. That all resolutions, orders or parts thereof in conflict with the provisions of this Municipal Order are, to the extent of such conflict, hereby repealed and the provisions of this Municipal Order shall prevail and be given effect. SECTION 9. Effective Date. That this Order shall be in full force and effect from and after the date of its adoption. Bray, M ATTE T: lit indsay Parish, -'ity Clerk Adopted by the Board of Commissioners, June 28, 2022 Recorded by Lindsay Parish, City Clerk, June 28, 2022 \mo\City Block Public Facilities Project Funding & Reimbursement 6-2022 CERTIFICATION I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of City of Paducah, Kentucky, and as such City Clerk, I further certify that the foregoing is a true, correct, and complete copy of Municipal Order 2598 duly enacted by the Board of Commissioners of the City at a duly convened meeting held on June 28, 2022, on the same occasion signed by the Mayor as evidence of his approval, and now in full force and effect, all as appears from the official records of the City in my possession and under my control. Witness my hand as City Clerk of the City as of June 2^8J, 2022. Lindsay Parish City Clerk