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HomeMy WebLinkAboutReso 2010-198RESOLUTION NO. 2010-198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF NEW CLEAN RENEWABLE ENERGY BONDS WHEREAS, the City Council of the City of Chula Vista (the "City") desires to reimburse its General Fund for the costs of acquiring and constructing certain public facilities and improvements, as provided in Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the City intends to reimburse its expenditures for the Project or portions of the Project with the proceeds of New Clean Renewable Energy Bonds, within the meaning of Section 54C of the Internal Revenue Code of 1986, as amended (the "Code") to be issued by the City (the "Obligations"); and WHEREAS, prior to the issuance of the Obligations the City desires to incur certain expenditures with respect to the Project from available monies of the City which expenditures are desired to be reimbursed by the City from a portion of the proceeds of the sale of the Obligations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby resolve as follows: SECTION 1. The City hereby states its intention and reasonably expects to reimburse the Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes the general character, type, purpose, and function of the Project. SECTION 2. The reasonably expected maximum principal amount of the Obligations is $30,000,000. SECTION 3. This resolution is being adopted prior to the payment of the original expenditures with respect to the Project (the "Expenditures Date or Dates"). SECTION 4. Except as described below, the expected date of issue of the Obligations will be within eighteen months of the Expenditure Date or Dates. SECTION 5. Proceeds of the Obligations to be used to reimburse for Project costs are not expected to be used, within one yeaz of reimbursement, directly or indirectly to pay debt service with respect to any obligation (other than to pay current debt service coming due within the next succeeding one year period on any tax-exempt obligation of the City) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the City or any entity related in any manner to the City, 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. Resolution No. 2010-198 Page 2 SECTION 6. This resolution is consistent with the budgetary and financial circumstances of the City, as of the date hereof. No monies from sources other than the Obligation issue aze, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the City (or any related party) pursuant to their budget or financial policies with respect to the Project costs. To the best of our knowledge, this City Council is not aware of the previous adoption of official intents by the City 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. This resolution is adopted as official action of the City in order to comply with the provisions of Section 54A of the Code and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of City expenditures incurred prior to the date of issue of the Obligations, is part of the City's official proceedings, and will be available for inspection by the general public at the main administrative office of the City. SECTION 8. All the recitals in this Resolution are true and correct and this City Council so finds, determines and represents. Presented by Approved as to form by 4~'`~/ Mazia achadoorian Bart . Miesfel Director of Finance Ci Attorne Resolution No. 2010-198 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of August 2010 by the following vote: AYES: Councilmembers: Bensoussan, McCann and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Castaneda and Ramirez Cheryl Coy ay r ATTEST: Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-198 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of August 2010. Executed this 3rd day of August 2010. ~cQ ~~/yb~,S.~b Donna R. Norris, CMC, City Clerk Resolution No.2010-198 Page 4 EXHIBIT A DESCRIPTION OF PROJECT The Project consists of solar energy installations and energy efficiency improvements at the following City facilities: 1. Animal Shelter 2. Chula Vista Civic Center 3. Chula Vista Police Headquarters 4. Fire Station 3 5. Fire Station 7 6. Fire Station 8 7. Fire Station 6 8. Fire Station 4 9. Otay Recreation Center 10. Parkway Recreation Center 11. Loma Verde Recreation Center 12. Montevalle Recreation Center 13. Norman Park Senior Center 14. Public Works Corp Yard 15. Rohr Park 16. Salt Creek Recreation Center 17. Chula Vista South 18. Chula Vista Civic Center Library 19. Veterans Park