Loading...
HomeMy WebLinkAboutMO # 697M MUNICIPAL ORDER NO. 697 A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, DECLARING OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS WHEREAS, Treasury Regulations Sec. 1.150-2 (the "Reimbursement Regulations"), issues 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 the Issuer (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 the 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 Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the City of Paducah, Kentucky (the "Issuer") wishes to ensure compliance with the Reimbursement Regulations; BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: 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 effect the reimbursement of the Issuer for such payments. "Capital Expenditures" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for the 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 a Capital Expenditure with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. l "Issuer" means the City of Paducah, Kentucky. "Reimbursement" means the restoration to the Issuer of money temporarily advanced from other funds 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 previously paid by or for the Issuer. 'r T -.-. -- 71 ----11 - -. i. - T_. �-- , .,.—rr ..�,� :c.-7— -.—R _ -r— ,....,r... . _. 1—r.-. .......... ...:.. "Reimbursement Regulations" means Treasury Regulations Sec. 1.150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations when allocated or applied to a reimbursement 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 on the dates indicated, 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 $1,100,000; and (b) The Capital Expenditures to be reimbursed are to be used for the acquisition, construction and installation of various improvements, including stormwater and sanitary sewer lines, lift stations and related appurtenances, which will constitute a part of the Issuer's municipally owned and operated stormwater and sewer system (the "System"). 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 described in 2(b). SECTION 4. Open Meeting. It is found and determined that all formal actions of the Board of Commissioners of the Issuer concerning and relating to the adoption of this Municipal Order were adopted in an open meeting of the Board of Commissioners; and that all deliberations of the Board of Commissioners and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. SECTION 5. Effective Date. This Municipal Order shall be in full force and effect from and after the date of its adoption. ATTEST: ity Clerk Adopted by the Board of Commissioners December 20, 1994 Recorded by Lenita Smith, City Clerk, December 20, 1994 CERTIFICATE I, the undersigned, City Clerk of the City of Paducah, Kentucky, do hereby certify that the foregoing Municipal Order is a true and complete copy of a certain Municipal Order duly adopted by the Board of Commissioners of said City at a lawfully convened meeting of the Board of Commissioners held on December 20, 1994, that all actions 70 taken in connection with such resolution were in compliance with the requirements of KRS 61.810, 61.815, 61.820, and 61.825, and that such Municipal Order has not been amended, modified, superseded or repealed and that same remains in full force and effect as of the date of this Certificate. WITNESS my hand as of this 20th day of December, 1994. �y eni a Smit City Clerk City of Paducah, Kentucky Mc'Zborrow 71