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HomeMy WebLinkAboutRDA Reso 2000-1678 RESOLUTION NO. 1678 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA REGARDING THE AGENCY'~ INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE =ARK WAY STREET LIGHT REPLACEMENT PROGRAM (RDB230) WHEREAS, the Redevelopment Agency of the City of Chula (the "Issuer") desires to finance the costs of constructing certain public facilities and lprovements, as provided in Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the Issuer intends to finance the -oject or portions of the Project with the proceeds of the sale of obligations the interest upon which is xcluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS, prior to the issuance of the Obliga :ions the Issuer desires to incur certain expendiiures with respect to the Project from available monie ~ of the Issuer which expenditures are desired Ko be reimbursed by the Issuer from a portion of the p~ ~ceeds of the sale of the Obligations. NOW, THEREFORE, THE REDEVELOPMEN i' AGENCY OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, ORDER AND DETERMII~ E AS FOLLOWS: SECTION 1. The Issuer hereby states its intention and reasonably expects to reimburse Project costs incurred prior to the issuance of :he Obligations with proceeds of the Obligations. Exhibit A describes either the general character, t ,pe, purpose, and function of the Project, or the fUnd or account from which Project costs are to be paid a id the general functional purpose of the fund or ~account. SECTION 2. The reasonably expected maxi ~um principal amount of the Obligations is $14,D05,000. The total Project cost is estimated to ,e approximately $214,438, including approximately $116,819 in financing costs (interest and fees SECTION 3. This resolution is being adopt6 on or prior to the date (the "Expenditures Date oi Dates") that the Issuer will expend monies for the pod ion of the Project cots to be reimbursed from proceeds of the Obligations. SECTION 4. Except as described below, the expected date of issue of the Obligations will be within eighteen months of the later of the Expenditure r ~ate or Dates and the date the Project is placed in service; provided, the reimbursement may not be made more than three years after the o. rigi~latexp~nditure is paid. For Obligations subjecttothesma.lissuerexcepfionofSection 148(f)(4)(D) · ~ of the I~tf~rnal Revenue Code, the "eighteen-month limit" of th~, previous sentence is changed to "three years'l and the limitation of the previous sentence beginning ~ ~ith ";provided, ..." is not appl cab e SECTION 5. Proceeds of the Obligations to ~e used to reimburse for Project costs are not expected to be used, within one year of reimbursement, di~ ~ctly or indirectly to pay debt service with respect to any obligation (other than to pay current debt servic,; coming due within the next succeeding Resolution No. 1678 Page 2 one year period on any tax-exempt obligation of the Issuer (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. SECTION 6. This resolution is consistent with the budgetary and financial circumstances of the Issuer, as of the date hereof. No monies from sources other than the obligation issue are, or are reasonably expected to be reserved, or otherwise set aside by the Issuer (or any related party) pursuant to their budget or financial policies with respect to the Project costs on a long-term basis. To the best of our knowledge, this City Council is not aware of the previous adoption of official intents by the Issuer that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 7. The limitations described in Section 3 and Section 4 do not apply to (a) costs of issuance of the Obligations, (b) an amount not in excess of the lesser of $100,000 or five percent (5%) of the proceeds of the Obligations, or (c) any preliminary expenditures, such as architectural, engineering, surveying, soil testing, and similar costs other than land acquisition, site preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred. SECTION 8. This resolution is adopted as official action of the Issuer in order to comply with Treasury Regulations § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Issuer expenditures incurred prior to the date of issue of the Obligations, is part of the Issuer's official proceedings, and will be available for inspection by the general public at the main administrative office of the Issuer. SECTION 9. Staff is further directed to return with a detailed financing plan with respect to the Obligations and the Project. SECTION 10. All the recitals in this Resolution are true and correct and this Redevelopment Agency so finds, determines and represents. Presented by Approved as to form by ppi~ z f Director of Public Works (~th AM~o ehyeny Resolution No. 1678 Page 2 PASSED, APPROVED and ADOPTED BY THE REDEVELOPME ~IT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 13th day of June, 2000 by the followin vote: AYES: Members Davis, Moot, Padilla, Salas, ar I Chair/Mayor Herren NOES: None ABSENT: None ABSTENTIONS: None Shirley I-Ior~o~ Chairma ATTEST: ~,~.t ~ Chris Salomone Executive Secretary STATE ¢)F CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY O1~ CHULA VISTA ) I, ChrisCalomone, Executive Secretary to the Redevelopment A[ ncy ofthe Ciht of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and corrE ~ copy of Resolution No. 1678 and that the samp has not been amended or repealed. Dated: June 14,2000 _ ~ Chris S~ tlomone Executi~ e Secretary EXHIBIT A Description of Project The Park Way Street Lighting Project is part of the FY 1999-00 .;apital Improvements Program. The street lig? t improvements is located on Park Way between Thir( and Fourth Avenues adjacent to Memorial Park. The improvements include the replacement of ~ix existing street lights located along the north side of Park Way, and one on the south side, the insta Ilation of one new double light on the north side of Park way, two double lights on the south side ¢ f Park Way, the replacement of two luminarie ~ on the south side of Park Way and the installation of a new street light on the east side of Fourth A/enue. The plans for the improvements (RD-230) are ~n file with the City Engineer. The streE [ light improvements will supply sufficient lighting to th; Memorial Park area and along Park Wa3, provide appropriate b'affic safety lighting and provide a level of safety lighting for crime preventio ~ in the adjacent community park area. The Dire( :or of Public Works received bids for the project on A~ ri126, 2000 and the Iow bidder was DBX Inc. The contract amount bid was $84,116.00.