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HomeMy WebLinkAboutReso 91-269 - 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 RESOLUTION NO. 91-1� i DECLARATION OF OFFICIAL INTENT OF THE CITY COUNCIL OF THE CITY OF REDDING TO INCUR TAXABLE OR TAR-EXEMPT INDEBTEDNESS IN ORDER TO REIMBURSE CERTAIN CAPITAL EXPENDITURES WHEREAS, the City Council of the City of Redding (the "City" ) is a duly constituted and existing municipal corporation of the State of California; WHEREAS, the City intends to acquire, construct, reconstruct , equip and improve certain facilities consisting of the real and personal property more fully described in Exhibit A attached hereto , located in the City of Redding, California (the "Project" ) ; WHEREAS, the City expects to pay certain capital expenditures in connection with the acquisition, construction, reconstruction, renovation and rehabilitation of the Project prior to the issuance of taxable or tax-exempt indebtedness to finance such expenditures ; WHEREAS, the City is authorized by the laws 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) ; 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 "Obl.igations." ) for the purpose of financing on a long-term basis the costs of the Project; WHEREAS, pursuant to the requirements of section 1. 103-17 of the proposed Treasury Regulations the City must, among other things , express a reasonable official intent to reimburse prior expenditures for the Project with proceeds of a taxable or tax-exempt borrowing; and WHEREAS, the City wishes to declare its official intent to use proceeds 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 ` Obligations ; i i � I _ i i NOW, THEREFORE, BE IT RESOLVED by the City Council ! of the City of Redding as follows : Section 1 . The City Council of the City of Redding finds and determines that the foregoing recitals are true and correct . Section 2 . This Resolution is executed hereby and on behalf of and 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 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 1 . 103-17 of the proposed Treasury Regulations that were published on April 25, 1991 . This Resolution does not bind the City to make any expenditure, incur any indebtedness or proceed with the Project . Section 3 . The City Council of the City of Redding expects the City will pay certain capital expenditures in connection with the acquisition, construction, reconstruction, renovation and/or rehabilitation 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 electric system. No portion of the City' s general fund or any other fund of the City or of any related person has been budgeted to be used to pay the costs of construction, reconstruction, renovation or rehabilitation of the Project (or any pgrtion thereof) . The City Council of the City of Redding does not expect that moneys in the City' s electric system funds temporarily used to pay such Project expenditures will be needed for purposes for which the City' s electric system 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 issued for the Project, there are no funds or sources 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 . Section 4 . Project expenditures to be reimbursed shall not have been paid from proceeds of any tax-exempt indebtedness . I 2 i I f 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 from the electric system funds of the City. Section f . This Resolution shall be continuously available for inspection by the general public during normal business hours at the offices of the City located at 760 Parkview, Aven.ue , Redding, California , commencing on the date which is ten (10) days after the adoption of this Resolution. Section 7 . This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was passed and adopted by the City Council of the City of Redding on July 2 1991 by the following vote: AYES: COUNCIL PERSONS: Arness, Buffum, Fulton, moss & Dahl NOES: COUNCIL PERSONS: None ABSENT: COUNCIL PERSONS: None ABSTAIN: COUNCIL PERSONS : None Mayor - MIKE DAHL ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RA DALL A. HAYS, EJ y Attorney 3 I Exhibit "A" i CITY OF REDDING THE PROJECT A 31MW electric generating unit 4