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