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3265-24 Reimbursement for the Pioneer Trail Waterline Upgrades2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3265-24 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REIMBURSEMENT RESOLUTION FOR THE PIONEER TRAIL WATERLINE UPGRADES AND IMPROVEMENT PROJECT WHEREAS, the South Tahoe Public Utility District (the "Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines, and other infrastructure (the "Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with monies ('Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water 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 State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available monies of the Agency; and WHEREAS, the Agency has determined that those monies 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 State Water 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 monies for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that has 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 the official intent of the Agency in order to comply with Treasury Regulation § 1.150-2 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. WE, THE UNDERSIGNED, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Board of Directors for the South Tahoe Public Utility District held on the 1 St day of February, 2024, by the following vote: AYES: Haven, Romsos, Peterson, Sheehan NOES: ABSENT: Exline ATTEST: _ Melonie Guttry, Clerk of th oard/ Executive Services Manager South Tahoe Public Utility District Resolution No. 3265-24 Page 2 February 1, 2024 David Peterson, Board President South Tahoe Public Utility District