RES 1303 01/11/2005 RESOLUTION 1303
A RESOLUTION RELATING TO ESTABLISHING THE CITY'S
INTENTION TO REIMBURSE ITSDELF FOR THE PRIOR LAWFUL
EXPENDITURE OF FUNDS FROM THE PROCEEDS OF TAX-EXEMPT
OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED
PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the Governing Body) of the City of Cibolo, Texas (the
Issuer) has entered into or will enter into various contracts pertaining to the expenditure
of lawfully available funds of the Issuer to finance the costs associated with (i)
constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving
the City's utility system (the Construction Costs), (��a) the purchase of materials,
supplies, equipment, land, and rights-of-way for authorized needs and purposes relating
to the utility system improvements (iii) the payment of various engineering costs,
including design testing, design engineering, and construction inspection related to the
Construction Costs (the Engineering Costs), the payment of various architectural costs
including preparation of plans and specifications and various other plans and drawings
related to the Construction Costs (the Architectural Costs), and (iv) the payment of
various administrative costs, including the fees of bond counsel, financial advisor, other
professionals, and bond printer (the Administrative Costs) [the Construction Costs,
Engineering Costs, the Architectural Costs, and Administrative Costs collectively
constitute costs of the project(the Project)]; and
WHEREAS, the provisions of Chapter 1201, as amended, Texas Government Code
provide that the proceeds from the sale of obligations issued to finance the acquisition,
construction, equipping, or furnishing of any project or facilities, such as the Project,
may be used to reimburse the Issuer, for costs attributable to such project or facilities
paid or incurred before the date of issuance of such obligations; and
WHEREAS, the United States Department of Treasury (the Department) released
Regulation Section 1.150-2 the Regulations) which establishes when the proceeds of
obligations are spent and therefore are no longer subject to various federal income tax
restrictions contained in the Internal Revenue Code of 1986, as amended (the Code; and
WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the
later of the date of expenditure or the date the property financed is placed in service (but
in no event more than three years after the original expenditures is paid), for the prior
lawful capital expenditure of funds from the proceeds of one or more series of tax-
exempt obligations (the Obligations) that the Issuer currently contemplates issuing in a
principal amount not to exceed $1,500,000 to finance a portion of the costs of the
Project; and
WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the
Obligations, the Issuer must declare its expectation ultimately to make such
reimbursement before making the expenditures; and
WHEREAS, the Issuer hereby finds and determines that the reimbursement for the
prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary
and financial circumstances; and
WHEREAS, the Governing Body hereby finds and determines that the adoption of
this Resolution is in the best interest of the citizens of the Issuer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
THAT:
SECTION 1. This Resolution is a declaration of intent to establish the Issuer's
reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself
from the proceeds of the Obligations for any capital expenditures previously incurred
(not more than 60 days prior to the date hereof) with respect to the Project from
lawfully available general funds or other funds of the Issuer.
SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days
after the date of issue of the Obligations the proceeds there from to reimburse the Issuer
for prior lawful expenditures with respect to the Project in a manner to comply with the
Regulations.
SECTION 3. The reimbursement expenditure will be a type properly chargeable to a
capital account (or would be so chargeable with a proper election) under general
Federal income tax principles.
SECTION 4. The Issuer intends to otherwise comply with all the requirements
contained in the Regulations.
SECTION 5. This Resolution may be relied upon by the appropriate officials at the
Office of the Attorney General for the State of Texas, and establishes compliance by the
Issuer with the requirements of Texas law and Regulations.
SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse
the Issuer for prior expenditures, the Issuer shall not employ an abusive device under
Treasury Regulation Section 1.148-10, including using within one year of the
reimbursement allocation, the funds corresponding to the proceeds of the Obligations in
a manner that results in the creation of replacement proceeds, as defined in Treasury
Regulation 1.148-1, of the Obligations or another issuer of tax-exempt obligations.
SECTION 6. The recitals contained in the preamble hereof are hereby found to be
true, and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the Governing Body.
SECTION 7. The recitals contained in the preamble hereof are hereby found to be
true, and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the Governing Body.
SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of
such conflict, and the provision of this Resolution shall be and remain controlling as to
the matters resolved herein. g
SECTION 9. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 10. If any provision of this Resolution or the application thereof to an
person or circumstance shall be held to be invalid, the remainder of this Resolution and
the application of such provision to other persons and circumstances shall nevertheless
be valid, and the Governing Body hereby declares that this Resolution would have been
enacted without such invalid provision.
SECTION 11. It is officially found, determined, and declared that the mel
which this Resolution is adopted was open to the public and public notice of the timat
e,
Place, and subject matter of the public business to be considered at such
meeting,
including this Resolution, was given, all as required by Chapter 551, as
Government Code. amended, Texas
SECTION 12. This Resolution shall be in force and effectfrom and after the
its adoption, and it is so resolved. date of
PASSED AND APPROVED this the 11 h day of January, 2005.
CITY OF CIBOLO, TEXAS
Mayor
ATTEST:
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