Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 6a_12/13/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: AAeeting Type: Regular Ordinance #: 12113/12 Consent Agenda: Resolution #: 33-12 Originating Department: Flnance �kGE#�[}A ITEM TtTL�. �V�l�r� fc�rrr� t� SllB;�ECT �irte �of y�sur sta�f cepi�r#� ' Approval of Federal T�x Ezempt Debt Policies �nd Procedures 8U#�GE� 1 F�N�1N�lAL �IAP�k�T� _ , , ... Account #: N/A Amount of this item N!A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No EX��UTI�fE St1M�A1�Y' t)� �AJC�R ��SU��. (�Tl�ris is a snap st�c�t tle.s�rip�iic�n af t�re ag��td� �em} Approval of policies and procedures regarding the issuance and continued comptiance of tax-exempt debt obligations. APRR+�f�IALS� ` �tC1�A►"�"�fREc ; ' , Department Head , Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufFciency) Village Manager: Submit for Councii Discussion: � ' Approve Item: ❑ Deny Item: � ��ir#/�A� f,�� i �V����� ������WCi1�Y � 7flw�� .��/� �Q�� ii���ifi�� ��� �F'i�4 Y✓Si �f11�R ��4i �! ■�� � `� ' ' nUrnber c�f,cupi�s you war� sign+eci ar�c! p1�c�: �Sign Her�" siicker c�n #t�err�) Form Amended: 10/20/11 McW�lliams, Lori From: Forsythe, Jody Sent: Monday, December 10, 2012 11:39 AM To. McWilliams, Lori Cc: Couzzo, Michael; Telfrin, Debra; Gload, Michelle Sub�ect: Resolution 33-12 Attachments: Res 33-12 - Exhibit A Vitlage af Tequesta Tax-Exempt Debt Issuance Pdlicy.docx; Dec 2012- Res 33-12 Transmittal - Tax Exempt Debt Policy.docx; 2012 DECEMBER Res 33-12 � Policies re tax exempt debt-SECTION 148 OF INTERNAL REVENUE CODE.docx Lori, The Village Manager has approved the addition of Resolution 33-12 to the December 13, 2012 Regular Council Agenda. This item asks the Village Council to approve Policies and Procedures for "Federal Tax Compliance of Tax-Exempt Debt Obligations". This item came to our attention in a letter we received from the IRS date December 7, 2012 requesting the Village of Tequesta to complete Information Document Request -Form 8038-G. The Village has untit January 9, 2013 to submit the required information. Although, the adoption of post-issuance campliance procedures is not required, the IRS' guidance on its website makes it apparent that written procedures are an important part of an issuer's tax-exempt bond program and that the IRS is focusing on post issuance tax compliance of municipal bond issuers. As such, they have updated its Form 8038-G to add questians about whether the issuer established written procedures to address private activity concerns and monitor requirements of section 148 related arbitrage rebate. In adopting the policy ("Exhibit A" to Resolution 33-12), the Village will be able to answer "yes" to the questions on the Form 8038-G, showing the IRS that the Village is aware of its post-issuance obligations under the Code and that the Village intends to meet those abligations. � RESOLUTION NO. 33-12 A RESOLUTION QF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, TO ADOPT WRITTEN POLICIES AND PROCEDURES (SEE EXHIBIT A) TO MOIVITOR THE REQUIREMENTS OF SECTION 148 OF THE INTERNAL REVENUE CODE AND TO ENSURE THAT ALL NONQUALIFIED BONDS OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA ARE REMEDIATED ACCORDING TO THE REQUIREMENTS UNDER THE INTERNAL REVENUE CODE AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida (the "Issuer") has previously issued certain bonds the interest on which is excluded fram the gross income of the holders thereof for federal income tax purposes (the "Ta�c-Exempt Bonds"); and WHEYZEAS, the Issuer has previously covenanted with the holders of such Tax-Exernpt Bonds that it will comply with all provisions of the Code (as hereinafter defined) necessary to maintain the exclusion from gross income of interest on such T�-Exempt Bonds for pwposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code; and WHEREAS, the Issuer has provided certificates or entered into written tax agreements upon the issuance of each series of T�-Exempt Bonds and has now determined it to be in its best interest to adopt general written policies attached hereto to monitor the requirements of Section 148 of the Code and to ensure that all nonqualified bonds are remediated according to the requirements under the code (the "Policies and Procedures"). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAG� OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Authority for this Resolution. This Resolution is adopteci pursuant to the Constitution of the State of Florida and other applicable provisions of law (collectively, the "Act"). Section 2 Approval of Written Policies and Procedures. The Policies (Exhibit A) aitached hereto are hereby incorporaxed into this section as if expressly set forth herein. The Issuer hereby covenants that unless it sha11 receive an opinion of Bond Counsel to the effect that failure to so comply with such policies sha11 not adversely affect the exclusion from gross income of interest on the applicable Tax-Exempt Bonds, it sha11 comply with the Policies to the extent necessary to maintain the exclusion from gross income of interest on the T�-Exexnpt Bonds for purposes of federal income taxation, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. Section 3 Applica.ble Provisions of Law. This Resolution shall be governed by and construed in a�ccordance with the laws of the State of Florida. Section 4 Effective Date. This Resolution shall take eff�t immediately upon its adoption. EXHIBIT A VILLAGE OF TEQUESTA, FLORIDA Policies and Procedures F�eral Tag Comp6�tce — Tax-Egempt Debt 06Ggations PURPOSE In order to issue tax-exempt debt obligations ("Tax-Exempt Obligations"), the interest on which is excluded from gross income of the holders of such debt obligations, the Village of Tequesta, Florida. (the "Village"), must comply with federal tax rules regarding expenditure of proceeds, use of financed property, investment of proceeds in compliance with arbitrage rules, retention of records and filings with the Intemal Revenue Service pursusnt to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). This T� Compliance Policy sets forth the Village's policies for compliance with Sections 141-150 of the Code and related rules and regulations. I. Ezpenditure of Proceeds • Establish forms and procedures for documenting ex�nditures of the proceeds, including for new money issues, a description of the properiy financed with each expenditure and for refunding issues a description of the refunded obligations and the property financed with the refunded obligations. � Only pernut proceeds to be expended for capital expenditures, working capital if accompax�ied by an opinion of bond counsel, refunding of T� Exempt Obligations and other debt obligations used for the foregoing purposes, and Costs of Issuance of Tax- Exempt Obligations. • Not permit amounts to be expended to pay capitalized interest on Tax-Exempt Obligations except during the actual construction period of financed property unless accompanied by an opinion of bond counsel. • Restrict reunbursement of costs that were paid prior to the issuance of the T-�tx-Exempt Obligations to costs pa.id subsequent to, or not more than 60 days prior to, the date a "declazation of intent" to reimburse the costs was adopted by the Village or as is otherwise approved by bond counsel. • Prepare a"final allocation" of proceeds to uses, which will be made aad retained with the records of the T�-Exempt Obligations, not later than 18 months after the placed-in- service date of the financed property (and in any event not later than 5 years and 60 da.ys after the issuance of the issue). • Monitor the expenditure of proceeds of new-money Tax Exempt Obligations against the tax certifica.te expectation to (i) spend or commit 5% of net sale proceeds within 6months, (ii) spend 85% of net sale proc�ds within 3 years, and (iii) proceed with due diligence to complete the project and fully spend the net sale proceeds. • Monitor the expenditure of proceeds of the Tax-Exempt Obligati4ns against the schedule for any arbit�age rebate exception ar exceptians identified in the tax certificaYe related to such issue of Tax-Exempt Obligations. II. Use of Property Financed with Taz-Egempt Obligations Use of property financed with Tax-Exempt Obligations, when completed and placed in service, will be reviewed by the Village Manager, the Finance Director or the Village Clerk on at least an annual basis. The Village will not do any of the following with respect to the financed property without prior discussio� with bond counsel regarding potential effect of such action on the tax exemption of the Ta�c-Exempt Obtigations that financed or refinanced such property: • Enter into a management, service or incentive payment contract with any non- govemmental person or entity (including the federal government) (a "Non-Governmental Person"). • Enter into a lease with any Non-Governmental Person. • Sell or otherwise transfer such property to any Non-Governmental Person. • Grant special legal entitlements with respect to such property to any Non-Governmental Person. If any action occurs, notwithstanding the foregoing, that ca.uses T�-Exempt Obligations to become private activity bonds as a result of private use af financed projects andlor private payments for parties utilizi.ng financed projects, the Village will promptly consult with bond counsel as to the steps to be taken in order ta remediate such change in use in accordance with the regulations under the Code, including the remediation of nonqualified bonds. III. Investment of Proceeds Investment of proceeds of Tax-Exempt Obligations in compliance with the azbitrage bond rules and rebate of azbitrage will be supervised by the Village Manager and the Finance Director. All proceeds of each Tax-Exempt Obligation will be deposited and maintained in a separate account or accounts. The invesiment of the proceeds of T�-Exempt Obligations shall comply with the following: • Investments will be purchased only in market transactions at fair market value. • Calculations of rebate liability will be performed periodically as set forth in the tax certificate by outside consultants unless the Village is eligible for an exception to rebate liability with respect to the Tax-Exempt Obligations. • Rebate payments, if required, will be made with a Form 8038-T no later than 60 da.ys after (a) each fifth asuiiversary of the date of issuance and (b) the final retirement of the Ta�c-Exempt Obligations, Compliance with rebate requirements will be reported to the bond trustee, if any. • The Village will identify the date for the first rebate payment at the time of issuance if rebate payments are expected. IV. Records • Records will be retained for the life of the Tax-Exempt Obligations plus and refunding bonds plus three years. Records may be in the form of docwments of electronic copies of documents, appropriately indexed to specific bond issues and compliance functions. • Retainable records pertaining to the issuance of T�-Exempt Obligations include the transcript af documents executed in connection with the issuance of the T�-Exempt Obligadons and any amendments, and copies of rebate calculations and records of payment including form 8038-T. • Retainable records pertaining to expenditures of proceeds of Tax-Exempt Obligations include requisitions, trustee statements (if any) and final allocation of proceeds. • Retainable records pertaining to use of property include all agreements reviewed for nonexempt use and any reviewed documents relating to unrelated business activity. • Retainable records pertaining to invesiments include guaranteed investment contract and hedge documents under the Treasury regulations, records of purchase and sale of other investments, and records of investment activity sufficient to permit calculation of azbitrage rebate or demonstration that no rebate is due. V. Miscellaneous Post-Issuance Changes The Village Manager or Finance Director will consult with bond counsel prior to engaging in any post-issuance credit enhancement transactions (e.g., letter of credit or bond insurance) or hedging tra�sactions (e.g., interest rate swaps). T'he Villa�e Manager or Finance Director will consult with bond counsel prior to the making of any significan# modifications to the bond documents that might ca.use a"reissuance" of the Tax- Exernpt Obligations as described in the Section 1.1001-3 of the Treasury regulations such as (i) changes in the yield of a T�-Exempt Obligation, (ii) changes in the timing of payments on a Tax-Exempt Obligation or (iii) changes in the obligor of or security for a Ta�c-Exempt Obligation. VI. Ovemll Responsibility Overall administratian and coordination of this policy is the responsibility of the Village Manager. The Village Manager or the Finance D'uector will identify any violations of federal tax requirements relating to any T�-Exempt Obligations and consult with bond counsel as to the best method for the timely correction of any identified violations either tlirough available remedial actions or through the IRS's Voluntary Closing Agreement Program. The Village Mana.ger is responsible for obtaining and providing for the training and education necessary to administer these policies and procedures.