Res 01-06
RESOLUTION No. 1'()6
DECLARATION OF OFFICIAL INTENT WITH RESPECT TO
REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR
CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT
BORROWINGS
WHEREAS, Treasury Regulation ~ 1.150-2 (the "Reimbursement Regulations"), issued pursuant
to Section 150 of the Internal Revenue Code of 1986. as amended, (the "Code") prescribes certain
requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in
the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made
for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be
deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further
subject to any other requirements or restrictions under those sections of the Code; and
WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined)
make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid
prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such
Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital
Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the
proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18)
months after the later of the date the Capital Expenditure was paid or the date the property acquired with
the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be
made no later than three years after such Capital Expenditure was paid; and
WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the
Reimbursement Regulations;
NOW, THEREFORE, be it resolved by the Commission of the Issuer that:
Section 1. Definitions. The following definitions apply to the terms used herein:
"Allocation" means written evidence that proceeds of Obligations issued subsequent to the
payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to
make such an allocation.
"Capital Expenditure" means any expense for an item that is properly depreciable or amortizable
or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing
Reimbursement Bonds.
"Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital
Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the
proceeds of such an issue.
"Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or
any governmental entity or 501(c)(3) organization that is reasonably expected to borrow funds from the
actual issuer of the Obligations.
(
"Reimbursement" means the restoration to the Issuer of money temporarily advanced from other
funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures
before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to
make such a restoration.
"Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital
Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously
paid by or for the Issuer.
"Reimbursement Regulations" means Treasury Regulation ~ 150-2 and any amendments thereto
or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing
conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital
Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the
proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of
the Code.
Section 2. Declaration of OffIcial Intent.
(a) The Issuer declares that it reasonably expects that the Capital Expenditures described in
Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid
prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed
with the proceeds of Obligations, representing a borrowing by the Issuer in the maximum principal
amount, for such Reimbursements, of $317,112.74; and
(b) The Capital Expenditures will be reimbursed by Banc of America Leasing and reimbursed
are to be used for: Nortel PBX Telephone System ($199,572.74) and for 60 Club Car golf carts
($117,540).
Section 3. Reasonable expectations. The Issuer does not expect any other funds (including
the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved,
allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the
Capital Expenditures for the purposes described in Section 2(b).
Section 4. Open Meeting. It is found and determined that all formal actions of this
Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an
open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer
and of any of its committees that resulted in such formal action, were in meetings open to the public, in
compliance with the law.
The undersigned has been authorized by Commission of the Issuer to sign this resolution on
behalf of the Commission of the Issuer.
2
Resolution No. 1-06
(
Passed and adopted in regular session on this 3rd day of January, 2006.
CITY OF DELRA Y BEACH
By:
~l~
ay r
Attested by:
~S:J~~~
City Clerk
3
Resolution No. 1-06
MEMORANDUM
From:
City Commission
David T. Harden, City Manager~1
Resolution No. 1-06
To:
Subject:
Date:
December 30,2005
Resolution #1-06 is attached for Commission approval. The Resolution declares an official intent
with respect to reimbursement of temporary advances made for capital expenditures to be made
from a proposed Master Lease Agreement with Bank of America Leasing. Tax law requires that a
declaration of the extent of private activity be made within 60 days of the first expense relative to a
project or asset. This allows for compliance with this tax law.
Recommend approval of Resolution #1-06 declaring an official intent with respect to
reimbursement of temporary advances made for capital expenditures.
c: R.S. O'Connor, Treasurer
File: resolution reimb to comm.. doc
<6\Z
MEMORANDUM
To:
David T. Harden, City Manager
From:
Rebecca S. O'Connor, Treasurer
Joseph M. saffor~~ctor of Finance
Thru:
Subject:
Resolution No. 1-06
Date:
December 16, 2005
We have attached Resolution #1-06 for Commission approval. Resolution# 1-06 declares an
official intent with respect to reimbursement of temporary advances made for capital expenditures
to be made from a proposed Master Lease Agreement with Banc of America Leasing. Tax law
requires that a declaration of the extent of private activity be made within 60 days of the first
expense relative to a project or asset. This allows for compliance.
The Finance Department recommends approval of this resolution. I concur with their
recommendation.
c: R.S. O'Connor, Treasurer
File: resolution reimb to comm.doc
RESOLUTION No. 1-06
DECLARATION OF OFFICIAL INTENT WITH RESPECT TO
REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR
CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT
BORROWINGS
WHEREAS, Treasury Regulation ~ 1.150-2 (the "Reimbursement Regulations"), issued pursuant
to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain
requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in
the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made
for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be
deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further
subject to any other requirements or restrictions under those sections of the Code; and
WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined)
make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid
prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such
Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital
Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the
proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18)
months after the later of the date the Capital Expenditure was paid or the date the property acquired with
the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be
made no later than three years after such Capital Expenditure was paid; and
WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the
Reimbursement Regulations;
NOW, THEREFORE, be it resolved by the Commission of the Issuer that:
Section 1. Definitions. The following definitions apply to the terms used herein:
"Allocation" means written evidence that proceeds of Obligations issued subsequent to the
payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to
make such an allocation.
"Capital Expenditure" means any expense for an item that is properly depreciable or amortizable
or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing
Reimbursement Bonds.
"Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital
Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the
proceeds of such an issue.
"Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or
any governmental entity or 501 (c)(3) organization that is reasonably expected to borrow funds from the
actual issuer of the Obligations.
"Reimbursement" means the restoration to the Issuer of money temporarily advanced from other
funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures
before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to
make such a restoration.
"Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital
Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously
paid by or for the Issuer.
"Reimbursement Regulations" means Treasury Regulation ~ 150-2 and any amendments thereto
or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing
conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital
Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the
proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of
the Code.
Section 2. Declaration of Official Intent.
(a) The Issuer declares that it reasonably expects that the Capital Expenditures described in
Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid
prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed
with the proceeds of Obligations, representing a borrowing by the Issuer in the maximum principal
amount, for such Reimbursements, of $317,112.74; and
(b) The Capital Expenditures will be reimbursed by Banc of America Leasing and reimbursed
are to be used for: Nortel PBX Telephone System ($199,572.74) and for 60 Club Car golf carts
($117,540).
Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including
the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved,
allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the
Capital Expenditures for the purposes described in Section 2(b).
Section 4. Open Meeting. It is found and determined that all formal actions of this
Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an
open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer
and of any of its committees that resulted in such formal action, were in meetings open to the public, in
compliance with the law.
The undersigned has been authorized by Commission of the Issuer to sign this resolution on
behalf of the Commission of the Issuer.
Passed and adopted in regular session on this 300 day of January, 2006.
CITY OF DELRAY BEACH
By:
Mayor
Attested by:
City Clerk
2
AGENDA ITEM NUMBER:
'6Y-
AGENDA REQUEST
Date: 12/16/05
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When:
1/3/06
Description of agenda item: Approve Resolution# 1-06 authorizing the reimbursement
of original expenditures with proceeds of lease purchase financing of a Nortel PBX System
($199,572.74) and 60 golf carts ($117,540).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
x
X
YES
YES
NO
NO
Recommendation: Recommend the approval of Resolution# 1 -06.
Department Head Signature:
::::);:::;,~ ,~ \... \""'"
Determination of Consistency with Comprehensive Plan:
,
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: @ Yes ~f Q ~ No
Funding alternatives (if applicable):
Account Number: n/a
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Gl
f77J)
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #