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2001-R-02RESOLUTION NO.2001-R-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING THE CITY OF EDGEWATER'S INTENTION TO BE REIMBURSED FROM THE LOAN PROCEEDS FOR CERTAIN CAPITAL EXPENDITURES TO BE PAID BY THE CITY OF EDGEWATER PRIOR TO THE ISSUANCE OF THE NOTE; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, funds for the Project will be provided on an interim basis from existing cash resources of the Borrower (the "Temporary Advances"); and WHEREAS, pursuant to the budgetary and financial policies and practices ofthe Borrower, the Temporary Advances are not available to fund the Project on a long-term basis; and WHEREAS, it is reasonably expected that the Project will be financed on a long-term basis with the proceeds of the loan (the "Loan") to be obtained by the Borrower under applicable laws of the State of Florida; and WHEREAS, this Resolution is being adopted prior to or within sixty (60) days after payment of the original expenditure for each Project. WHEREAS, the City Council of the City of Edgewater (the `Borrower") has authorized capital expenditures aggregating approximately two million and 00/100 dollars ($2,000,000.00) for the reclaimed water system improvements (the "Project"); and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida (the "Borrower"): Section 1. The Borrower hereby declares official intent for the purposes of Section 1.150-2 of the Treasury Regulations, as follows: it is reasonably expected that (a) Temporary 2001-R-02 Advances for the Projects wilt be reimbursed, in whole or in part, from u,e proceeds of the Loan; (b) the principal amount of the Loan will not exceed two million and 00/100 dollars ($2,000,000.00) plus an allowance for financing costs; (c) such reimbursement from the proceeds of the Loan for the Project shall occur within eighteen (18) months following the later of (i) the date of the original expenditure for the Project or (ii) the date on which the Project is placed in service, but no later than three (3) years after the date of the original expenditure for the Project; and (d) the authorization and terms of the Loan shall be subject and pursuant to subsequent action and approval by the Borrower. Section2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion by G' and Second by C,-4—,d --- , the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt/ P Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter 2001-R-02 2 PASSED AND DULY ADOPTED this 6� day of February, 2001. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner CITY COUNCIL OF THE CITY OF EDGEWATER, FLORI sy.� Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this &_ day of 2000 under Agenda Item N . � 6 2001-R-02