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Resolution 2016-10 Resolution No. 2016-10 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING TAX COMPLIANCE PROCEDURES RELATING TO TAX-EXEMPT BONDS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City issues tax exempt municipal bonds, notes and/or other obligations ("Tax Exempt Bonds") from time to time and is required to comply with the Internal Revenue Code and the Treasury Regulations promulgated thereunder(the "Code"); and WHEREAS, the City deems it necessary and desirable to adopt certain procedures and practices (the "Compliance Procedures") to be followed by the City in connection with the issuance of Tax Exempt Bonds; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Procedures Concerning Tax Compliance for Tax-Exempt Borrowings attached hereto and made a part hereof, are hereby adopted and approved. Section 2. The City's Finance Director is hereby authorized and directed to periodically update the Compliance Procedures in accordance with the Internal Revenue Code and supporting Integral Revenue Service Rulings and Regulations, with advice from bond counsel. Section 3. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 22nd day of March, 2016. . GQQ- ��puTr CITY CLERK Resolution No. 2016-10 Page 1 CARLO COLOSIMO aye KEN KOCH aye JACKIE MILSCHEWSKI Ue LARRY KOT Ue CHRIS FUNKHOUSER Ue JOEL FRIEDERS aye DIANE TEELING aye SEAVER TARULIS —e APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 104S day of MAY , 2016. MAYCIR Attest: -Dse ty CITY CLERK Resolution No. 2016-10 Page 2 UNITED CITY OF YORKVILLE, ILLINOIS PROCEDURES CONCERNING TAX COMPLIANCE FOR TAX-EXEMPT BORROWINGS PROCEDURES CONCERNING TAX COMPLIANCE FOR TAX-EXEMPT BORROWINGS 1. Purpose.......................................................................................................... 1 2. Identification of Bond Issues for Federal Tax Purposes............................... 1 3. Responsibility............................................................................................... 1 4. Record Retention ..........................................................................................2 5. Rebate and Yield Restriction........................................................................2 6. Investment of Bond Proceeds ....................................................................... 3 7. Monitoring Possible Private Business Use. ..................................................4 8. Changes of Use of Bond Financed Property and Remedial Actions............ 5 9. Review Upon Completion of Financed Projects........................................... 5 10. Revision of These Procedures....................................................................... 6 PROCEDURES CONCERNING TAX COMPLIANCE FOR TAX-EXEMPT BORROWINGS 1. Purpose These procedures concern borrowing obligations of the United City of Yorkville,Kendall County, Illinois (the"Issuer"), which are referred to herein as"bonds", whether the obligations are actually called bonds, promissory notes, a loan, or some other name. Interest on most bonds is exempt from federal income tax, subject to compliance with Internal Revenue Code requirements, including restrictions on investment of bond proceeds and requirements as to use of bond proceeds. This document sets forth procedures to monitor compliance with the applicable federal tax requirements. In addition,the Issuer may issue(or may have issued)direct-pay,tax-advantaged borrowing obligations, such as Build America Bonds, that are subject to similar restrictions. These procedures do not apply to bonds of the Issuer that are"conduit bonds",the proceeds of which are loaned to a nongovernmental person or entity. 2. Identification of Bond Issues for Federal Tax Purposes The Issuer acknowledges that the federal tax rules apply separately to each bond issue for federal tax purposes. Sometimes, for federal tax purposes,two or more separately named borrowings may be treated as a single bond issue, or a single named borrowing may be treated as being composed of two bond issues. The Responsible Officer identified below will review the Issuer's tax certificates, and consult with bond counsel as necessary, to identify and maintain a list of each outstanding bond issue, as treated for federal tax purposes. 3. Responsibility The following officers or representatives of the Issuer are assigned the compliance responsibilities set forth below: Responsibility Responsible Officer Overall compliance Finance Director Maintaining list of bond issues Finance Director Requirements relating to investment of Finance Director bond proceeds, including obtaining rebate determinations and making required rebate payments on a timely basis Requirements relating to use of bond- Finance Director financed property, including monitoring the amount of any private business use Retention of records Finance Director Review upon completion of financed Finance Director projects 4. Record Retention For each bond issue,the Responsible Officer will arrange for records to be kept of the investment and application of proceeds and the use of financed property. For each bond issue, the records will be kept until at least 4 years after the bond issue is completely retired. The records do not need to be kept at a single location, and they may be kept in physical or electronic form. 5. Rebate and Yield Restriction For each bond issue,the Responsible Officer will comply with the requirements in the authorizing bond documents,which generally include obtaining rebate determinations or a determination that rebate is not required. Unless the Issuer determines that rebate is not required,the Issuer needs to establish the initial rebate determination date: it should be not later than the 5th anniversary of the bond issue. Additional rebate determination dates occur every 5 years thereafter and on the date the bond issue is completely retired. Any rebate payment must be paid to the United States Treasury within 60 days after the rebate determination date. As a general policy,the Responsible Officer should have a rebate determination for the bond issue started by 60 days prior to each rebate determination date and completed by 14 days before a rebate payment would be due, and should arrange for any required rebate payment to be made to the United States Treasury by the due date. The Responsible Officer will identify all funds and accounts that are treated as containing gross proceeds of the bond issue and take actions needed to comply with any yield-restriction requirements, as further detailed in the tax certificate for the bond issue. For example, if proceeds in the borrowed money fund (for general obligations) or comparable fund(for a revenue bond issue) are not spent within the 3-year "temporary period",the Responsible Officer will obtain yield-restriction computations for the applicable fund and, if needed,make yield-reduction payments to the United States Treasury. 6. Investment of Bond Proceeds The Responsible Officer will direct the investment of all bond proceeds in arm's-length, fair-market-value purchases and sales and will not permit the linking of the purchase or sale of investments to the provision of other services to the Issuer, such as underwriting services. Federal tax law safe harbors apply to the following types of investments: Certificates of deposit Guaranteed investment contracts Yield-restricted defeasance escrow investments If a federal tax law safe harbor applies to the type of investment,then as a general policy the Responsible Officer will arrange for the investment to meet all the requirements of the safe harbor to the extent reasonably practicable. Certificates ofDeposit: The purchase price of a certificate of deposit is treated as its fair market value if the yield on the certificate is not less than the yield on reasonably comparable direct obligations of the United States and the highest yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public. Guaranteed Investment Contracts: As a general policy, for each purchase of a guaranteed investment contract, the Responsible Officer will retain a bidding agent to conduct a bona fide competitive bidding process and require the bidding agent and provider to provide certifications substantially in the form approved by bond counsel. The Responsible Officer will maintain a record of the amounts paid for brokerage commissions,bidding agent fees, and other similar administrative costs. Yield-Restricted Defeasance Escrow Investments: As a general policy, amounts in yield-restricted defeasance escrows will be invested in United States Treasury securities(State and Local Government Series) unless those securities are not available for purchase or the Responsible Officer determines, after consultation with an independent financial advisor,that there are bona fide financial reasons for the purchase of other types of investments. In those cases,the Responsible Officer will retain a bidding agent to conduct a bona fide competitive bidding process and require the bidding agent and provider to provide certifications substantially in the form approved by bond counsel. The Responsible Officer will maintain a record of the amounts paid for brokerage commissions,bidding agent fees, and other similar administrative costs. 7. Monitoring Possible Private Business Use. The Responsible Officer will try to review any contractual arrangement that may result in private business use of financed property before the arrangement becomes effective. Arrangements that give rise to private business use generally include contracts that provide special legal entitlements to persons other than a State or local government(a"nongovernmental person")or the general public. Sales and leases of bond-financed property always give rise to private business use. Arrangements that may give rise to private business use, depending on the terms of the contract, include service contracts. If the Responsible Officer determines that an arrangement provides for use by a nongovernmental person of any property financed with proceeds of an outstanding borrowing,then the Responsible Officer will consult with bond counsel to determine whether, and the extent to which,the arrangement gives rise to private business use and obtain any recommendations about any further or subsequent review. 8. Changes of Use of Bond Financed Property and Remedial Actions As a general policy, the Responsible Officer will consult with bond counsel in connection with each bond issue regarding the specific private business use limit(or private security or payment limit)that applies to that bond issue. The Responsible Officer will track and record any private business use of financed property(or private payments made with respect to such usage). Out of an abundance of caution,the Responsible Officer should consider a transaction as potentially causing the private business use limit to be exceeded if in any year the amount of private business use is greater than the limit. If the Responsible Officer determines any transaction has caused, or may potentially cause, the private business use limit(or private security or payment limit)of a bond issue to be exceeded, or cause the private loan limit to be exceeded,the Responsible Officer will consult with bond counsel to determine whether a remedial action is required or otherwise advisable. If possible,the Responsible Officer will do so before the transaction is final, so that remedial action requirements and options may be taken into account. The general policy of the Issuer is that each remedial action should be approved by an opinion of bond counsel, even in cases where the legal documents for the bond issue do not expressly require such an opinion. In the event that the Responsible Officer determines that the Issuer may have taken a deliberate action that results in noncompliance of a bond issue with restrictions on use of financed property or proceeds, and it is no longer timely to take a remedial action,the Responsible Officer will consult with bond counsel to determine whether it is necessary or appropriate to submit a request for a voluntary closing agreement to the Internal Revenue Service. 9. Review Upon Completion of Financed Projects The Issuer adopts, as a prudent practice,the policy of undertaking a review upon completion of all projects financed by the bond issue,to determine whether the expenditure of bond proceeds falls within applicable"spend-down"exceptions to arbitrage rebate and that the private business use limit has not been exceeded. Certain determinations about how bond proceeds are treated as spent are allowed only if taken before the 5th anniversary of the date of bond issuance, so a prompt review may give the Issuer a greater ability to address any compliance problem that may be discovered. 10. Revision of These Procedures These procedures may be revised from time to time to reflect changes of law and ideas for improvement, and they may be expanded to address other tax compliance actions. They are solely for guidance of Issuer personnel. There are no third-party beneficiaries of these procedures. The Responsible Officer will periodically confer with bond counsel on the need or advisability to revise these procedures,taking into account experience in applying these procedures, changes in the law, and the requirements of new bond issues.