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Resolution 2963-14 1 RESOLUTION NO. 2963-14 2 A REIMBURSEMENT RESOLUTION 3 BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 4 5 WHEREAS, the South Tahoe Public Utility District (the "Agency") desires to finance 6 the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment 7 facilities, pipelines and other infrastructure (the "Project"); and, $ WHEREAS, the Agency intends to finance the construction and/or reconstruction 9 of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board 10 (State Water Board); and, 11 WHEREAS, the State Water Board may fund the Project Funds with proceeds from �2 the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and, 13 WHEREAS, prior to either the issuance of the Obligations or the approval by the 14 State Water Board of the Project Funds the Agency desires to incur certain capital 15 expenditures (the "Expenditures") with respect to the Project from available moneys of the Agency; and, 16 17 WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expendit�res are available only for a temporary �g period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations; 19 20 NOW,THEREFORE BE IT RESOLVED, that the Agency does hereby resolve, order and determine as follows: 21 SECTION 1. The Agency hereby states its intention and reasonably expects to 22 reimburse Expenditures paid prior to the issuance of the Obligations or the 23 approval by the State Water Board of the Project Funds. 24 SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $3,682,250. 25 26 SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to 27 be reimbursed with Project Funds. 28 SECTION 4. Each Agency expenditure will be of a type properly chargeable to � 29 a capital account under general federal income tax principles. 30 � SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a 2 matter of course for the purpose of reimbursing expenditures and for which tax- exempt obligations have not been issued. 3 4 SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150-2 and any other regulations of the 5 Internal Revenue Service relating to the qualification for reimbursement of Project costs. 6 � SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. 8 9 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 10 resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 16'h day of 11 October, 2014, by the following vote: �2 AYES: Cefalu, Jones, Vogelgesang, Schafer 13 NOES: None 14 15 ABSENT: Sheehan 16 17 Eric Schafer, oar resident �$ ATTEST: 19 20 � 2� Melonie Guttry, Clerk of the oard 22 23 24 25 26 27 28 29 30 Resolution No.2963-14 Page 2