HomeMy WebLinkAboutReso 93-285 - Declaration of Official intent of the City Council of the COR to incur taxable or tax-exempt indebtedness in order to reimburse certain capital expenditures I /I
RESOLUTION NO. g3.z85
i� DECLARATION OF OFFICIAL INTENT OF THE CITY
j COUNCIL OF THE CITY OF REDDING TO INCUR
TAXABLE OR TAX-EXEMPT INDEBTEDNESS IN ORDER
TO REIMBURSE CERTAIN CAPITAL EXPENDITURES.
WHEREAS, the City Council of the City of Redding (the "City") is a
li duly constituted and existing municipal corporation of the State of California;
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WHEREAS, the City intends to construct, equip, and improve certain
facilities consisting of personal property more fully described as the Benton Landfill
Cap Project, located in Shasta County, California (the "Project") ;
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I WHEREAS, the City expects to pay certain capital expenditures in
connection with the acquisition, construction, and development of the Project prior
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to the issuance of taxable or tax-exempt indebtedness to finance such expenditures;
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WHEREAS, the City is authorized by the law of the State of California
to incur or issue debt obligations or to enter into installment sale agreements
(including indebtedness and securities of any kind or class, the interest to be paid
on which is either taxable or tax-exempt);
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WHEREAS, the City intends to undertake an installment sale transaction
with a third party to be identified (the "Third Party") to issue taxable or tax-exempt
obligations of the City (the "Obligations") for the purpose of financing on a long-
term basis the costs of the Project;
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WHEREAS, pursuant to the requirements of Section 1.103-17 of the
proposed Treasury Regulations, the City must, among other things, express a
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reasonable official intent to reimburse prior expenditures for the Project with
it proceeds of a taxable or tax-exempt borrowing; and
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!i WHEREAS, the City wishes to declare its official intent to use proceeds
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of taxable or tax-exempt Obligations in order to reimburse Project expenditures and
to finance such Project costs on a long-term basis with the proceeds of such
j Obligations; Uv
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
ii of Redding as follows:
+ Section 1. The City Council nc 1 of the City of Redding finds and determines
that the foregoing recitals are true and correct.
I+ Section 2. This Resolution is executed hereby and on behalf of an
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'i adopted by the City Council of the City of Redding solely for purposes of
establishing compliance with the requirements of Section 1.103-17 of the proposed
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Treasury Regulations. Terms used herein, unless otherwise defined, shall have the
meanings set forth in the Internal Revenue Code of 1986 (the "Code") and in Section
'i 1.103-17 of the proposed Treasury Regulations that were published on April 25,
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1991. This Resolution does not bind the City to make any expenditures, incur any
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indebtedness, or proceed with the Project.
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Section 3. The City Council of the City of Redding expects the City will
pay certain capital expenditures in connection with the construction and/or
development of the Project prior to the City and the Third Party executing and
delivering the Obligations for the Project. The reimbursement of such Project
expenditures is consistent with the City's previously established budgetary and
financial circumstances. As of the date hereof, the City Council of the City of
Redding reasonably expects that such Project expenditures shall be paid from the
lawfully available funds of the City's Solid Waste Division. The City Council of the
City of Redding does not expect that moneys in the City's Solid Waste Division fund
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and short-term fund transfers temporarily used to pay such Project expenditures
will be needed for purposes for which the City's Solid Waste Division funds are
otherwise intended to be used prior to the anticipated date of execution and delivery
'! of the Obligations for the Project. Other than proceeds of the Obligations to be
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issued for the Project and Solid Waste Division fund, there are no funds or sources
j or moneys which have been, or reasonably are expected to be, allocated, reserved,
or otherwise made available on a long-term basis pursuant to the City's budget to
pay costs of the Project.
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Section 4. Project expenditures to be reimbursed shall not have been
paid from proceeds of any tax-exempt indebtedness.
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Section 5. The City Council of the City of Redding hereby declares the
City's official intent to use proceeds of taxable or tax-exempt indebtedness to
reimburse itself for future Project expenditures. The City Council of the City of
Redding reasonably expects that such indebtedness will be secured by and payable
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from the Solid Waste Division funds of the City.
Section 6. This Resolution shall be continuously available for inspection
by the general public during the normal business hours at the offices of the City
located at 760 Parkview Avenue, Redding, California, commencing on the date which
j; is ten (10) days after the adoption of this Resolution.
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Section 7. This Resolution shall take effect immediately upon its
adoption.
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The foregoing Resolution was passed and adopted by the City Council
of the City of Redding on July 20th, 1993, by the following vote.
AYES: COUNCIL PERSONS: Anderson, Dahl, Kehoe, Moss Arness
NOES: COUNCIL PERSONS: None
ABSENT: COUNCIL PERSONS: None
ABSTAIN: COUNCIL PERSONS: None
CARL ARNESS, Mayor
ATTEST: FORM APPROVED:
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'i CONNIE ST OHMAYER, if3f Clerk RA ALL A. HAYS' $6ty Attorney
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