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Resolution 2623 4..., 1 2 3 4 5 6 7 8 9 10 J) 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 \..; \. RESOLUTION NO. 2623 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT DECLARATION OF OFFICIAL INTENT OF SOUTH TAHOE PUBLIC UTILITY DISTRICT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES FOR PROCEEDS OF TAXABLE OR TAX-EXEMPT INDEBTEDNESS WHEREAS, the South Tahoe Public Utility District (the "District") intends to construct the Wastewater Export Pipeline replacement (the "Project); WHEREAS, the District expects to pay certain capital expenditures in connection with the Project prior to the issuance of taxable or tax-exempt indebtedness to be used to finance such expenditures; WHEREAS, the District is authorized to incur or issue debt obligations to finance costs of the Project; WHEREAS, the District anticipates it will issue debt obligations for the purpose of financing costs of the Project on a long-term basis; and WHEREAS, Section 1.150-2 of the Treasury Regulations requires the District to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a taxable or tax-exempt borrowing; , NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the South Tahoe Public Utility District as follows: Section 1. The Board of Directors of the District finds and determines that the foregoing recitals are true and correct. Section 2. This Resolution is adopted by the Board of Directors of the District solely for the purpose of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This Resolution does not bind the District to make any expenditures, incur any indebtedness, or proceed with the Project. \w ~ \... ] 2 Resolution No. 2623 Page 2 Section 3. The Board of Directors expects the District will pay certain 3 capital expenditures in connection with the Project prior to the issuance of taxable or 4 5 6 7 8 9 10 tax-exempt indebtedness for the Project. The reimbursement of such Project expenditures is consistent with the District's established budgetary and financial circumstances. As of the date hereof, the Board of Directors of the District reasonably e?<pects that such Project expenditures shall be paid from the District's funds. The Board of Directors of the District does not expect that the District's Sewer Capital Outlay Fund moneys, temporarily used to pay such Prbject expenditures, will I) be permanently available for the Project. Proceeds of taxable or tax-exempt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indebtedness will need to be issued for the Project since there are insufficient funds or sources of moneys that have been, or reasonably are expected to be, allocated, reserved, or otherwise made available on a long-term basis pursuant to the District's budget to pay costs of the Project. Section 4. Project expenditures that are to' be reimbursed to the District shall not have been paid from proceeds of any other tax-exempt indebtedness. Section 5. The Board of Directors of the District hereby declares the District's official intent to use proceeds of taxable or tax-exempt indebtedness in a principal amount not to exceed $30,000,000 to reimburse itself for future Project expenditures. The Board of Directors of the District reasonably expects that such indebtedness will be secured by and payable from the Sewer Enterprise Fund revenues. Section 6. This Resolution shall be continuously available for inspection by, the general public during normal business hours at the offices of the District, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. '-' 2 3 4 5 6 7 8 9 10 )] 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 -... 27 \.. Resolution No. 2623 Paoe 3 Section 7. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED at a duly held Regular Meeting of the Board of Directors of the South Tahoe Public Utility District on the 3rd day of August, 1995 by the following vote: AYES: Directors Strohm, Mason, Wallace, Jones, Mosbacher NOES: NODe ABSENT: None ~OJJ~ W~ DUANE WALLACE, PRESIDENT OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT P, CLERK OF OARD E PUBLIC UTILITY DISTRICT 28