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R-1998-07
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R-1998-07
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11/2/2016 3:48:37 PM
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Legislative Records
Legislative Type
Resolution
Legislative No.
R-1998-07
Date
7/13/1998
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<br />.- <br /> <br />RESOLUTION NO. 98-07 <br /> <br />. ORIGINAL <br /> <br />RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH <br />BORROWING PROCEEDS <br /> <br />WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with <br />the design, planning, acquisition, construction, equipping, and/or renovating the projects or fadlities <br />described as the (1) Purchase of a Regional Park Site and (2) Seabreeze Park (collectively <br />known as the projects). <br /> <br />WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6") permits the <br />Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Projects <br />paid or incurred before the date of issuance of such obligations; and <br /> <br />WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the <br />payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's <br />programs and, as such, chooses to declare its intention, in accordance with the provisions of Section <br />1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issuers <br />obligations to finance the Projects. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS <br />THAT: <br /> <br />Section 1. This Resolution declared the intention of the Issuer to reimburse the expenditures for the <br />Projects with the proceeds of obligation. The Issuer presently intends to reimburse the expenditure <br />by incurring obligations issued under Texas law the interest on which is excludable from gross income <br />under section 103 of the Internal Revenue COde of 1986, as amended. <br /> <br />Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an <br />aggregate maximum principal amount now estimated to be equal to $500,000.00 for the purpose <br />of paying the costs of the Projects. <br /> <br />Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months <br />after the date the original expenditure is paid or the date the Projects are placed in service or <br />abandoned, but in no event more than three years after the original expenditure is paid unless the <br />Projects are a construction project for which the Issuer and a licensed architect or engineer have <br />certified that at least fIVe years are necessary to complete the Projects in which event the maximum <br />reimbursement period is five years after the date of the original expenditure. <br /> <br />Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in <br />Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 7171k-6. <br /> <br />Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to comply <br />with state law and federal income tax law in the issuance of tax-exempt obligations for the Projects. <br /> <br />PASSED AND APPROVED this the 13t~ day of July, 1998 <br /> <br />~ LA PORTE, lE<AS <br />-or-a~t: <br /> <br /> <br />~ <br />Knox. W. Askins, City Attorney <br /> <br />
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