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HomeMy WebLinkAboutResolution 2003-094 N.C.S. 06/02/2003Resolution No. 2003-094N.C.S. of the City of Petaluma, California ADOPTING THE REIMBURSEMENT RESOLUTION REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD IN CONNECTION WITH THE CITY'S APPLICATION FOR THE STATE REVOLVING FUND LOAN PROGRAM TO FINANCE THE CONSTRUCTION OF THE PHASE 1 RECYCLED WATER PIPELINE PRO.IECT WHEREAS, the City of Petaluma (the "Agency") desires to finance the costs of constructing the Phase 1 Recycled Water Pipeline Project (the "Project"); and, WHEREAS, the Agency intends to finance the construction of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (the "Board"); and, WHEREAS, the Board may fund the Project Funds with proceeds from the sale of obligations, the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and, WHEREAS, prior to either the issuance of the Obligations or the approval by the Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the Agency; and, WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $7,500,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each expenditure by the Agency will be a type properly chargeable to a capital account under general federal income tax principles. Resolution Nn. 2003-094 N.C.S. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which. tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation § 1.1.50-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.. SECTION 7. All the recitals in this resolution are true and correct and this Agency so finds, determines and represents. Under the power and. authority conferred upon this Council by the Charter of said City. REFERENCE: Thereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the~dCity of Petaluma at a (Regular) (Adjourned) (Special meeting r on the ........ ~ ............... day of .......June......................................., 20 ~~., by the following vote: •••••••••• ••• •••••••••••••••••• ••• ity Attorney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: None ATTEST: ................. .. ...........::...................................................... ... .~~ .. .....~. ... ................................... City erk ayor Council FiIC, .... ... . Res. Nn...... L~~~-~~~.........N.C.S.