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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7; <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-152-04 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON DECLARING INTENT TO REIMBURSE CAPITAL <br />EXPENDITURES AND PRELIMINARY EXPENDITURES <br />RELATING TO THE CONSTRUCTION OF WATER AND <br />SEWER FACILITIES FOR PROPOSED COMMUNITY <br />FACILITIES DISTRICT NO. 2004-01 FROM THE PROCEEDS <br />OF THE SALE OF BONDS FOR PURPOSES OF SECTION <br />1.150-2 OF THE TREASURY REGULATIONS <br />WHEREAS, the City Council (the "City Council") of the City of Colton (the <br />"City") intends to finance the design, construction and acquisition of certain public water and <br />sewer facilities (the "Facilities") for the benefit of certain property in the City through the <br />formation of Community Facilities District No. 2004-01 of the City of Colton ("CFD No. 2004- <br />01) with the proceeds from the sale of bonds of CFD No.2004-01 (the "Bonds"); and <br />WHEREAS, the City Council has determined that the City will advance <br />approximately $2,000,000 for the design, construction and acquisition of portions of the <br />Facilities with the intention that when the Bonds are issued and sold to finance the design, <br />construction and acquisition of the Facilities, the City will be reimbursed the amounts <br />advanced by it for the Facilities; and <br />WHEREAS, pursuant to Section 1.150-2(d) of the Regulations of the United <br />States Department of the Treasury (the "Regulations"), the City may reimburse the amounts <br />advanced by the City for the Facilities if, not later than 60 days after the date of the first <br />expenditure of the amounts advanced by the City, the City Council adopts an official intent to <br />reimburse the expenditure of such advanced amounts and such reimbursement occurs not <br />later than 18 months after the later of the date of payment of such expenditures or the date <br />the Facilities are placed in service, but in no event more than three (3) years after the date of <br />such expenditures; and <br />WHEREAS, the City Council intends that the City shall be reimbursed the <br />amounts advanced by the City for the Facilities from the proceeds of the sale of the Bonds; <br />and <br />WHEREAS, the City Council further intends that the City shall receive <br />reimbursement from the proceeds of the sale of the Bonds for certain expenditures which <br />have been made and will be made in connection with the design, acquisition and <br />construction of the Facilities which are "preliminary expenditures" as defined in Section <br />1.150-2(f)(2) of the Regulations; <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />1. The City Council declares that it is the intent of the City that the City will be <br />reimbursed the amounts advanced by the City from the proceeds of the sale of the Bonds. <br />The maximum principal amount of the Bonds which are expected to be issued for the <br />payment of the costs of the design, construction and acquisition of the Facilities is <br />$15,000,000. <br />ORANGEUR\13687.1 <br />