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02-23-95-C-2 - Resolution - 02/23/1995 ~1,~:.~., BOZ~ROWZNO PROCEED~ ....-.,~..~.,: ~;'>-.~.: aZ~Or.,T. TT'rO)T ~TO. 2-23-95-C-2 .,.--, ~,~ .~-.- · · ,,;';~':h~ ~HEREAS, the City of eollecre Station (the "Issuer") desires to .-'...~.~ pay capitaZ expenditures in connection with the design, planning, ,,~,:.> ~.~.. · .~.~-.~.~. ~f~ .. .... acquisition, construction, equipping, and/or renovating the project or "~ '~': facilities described in Exhibit A attached hereto (the "Project"); ,,,~..,"~ WHEREAS, Article 717k-6, Vernon's Texas C£vil Statutes as }~.  amended ('Article ?17k-6"), permits the Issuer to use the proceeds of (,~:' .'~: bonds to reimburse the Issuer for costs attributable to the Project ..... paid or incurred before the date of issuance of the bonds; and .,,i,;:I.,,~$..... . WHEREAS, the Issuer finds, considers, and declares that the · '"~ reimbursement of the Issuer for the payment of such capital ..~.~; .'~' 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 1.103-18 of the Treasury  Regulations, to reimburse itself for such payments as such time as it issues obligations to finance the Project. ~;.....__2~....~. NOW, THEREFORE, BE IT RESOLVED BY THE ~ OF THE CITY OF '~i!~',...~ COLLEGE STATION THAT: /:;.' ',' Section 1. This Resolution declares the intention of the Issuer "': ~iD. to reimburse the expenditures for the Project with the proceeds of a ~'~'~':~. borrowing. The Issuer presently intends to reimburse the expenditure ".%,~;, by incurring debt 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 ~'~"~"J.,-~/~ ":'' ,--~' more series of obligations with an aggregate maximum principal amount ,,'...~, now estimated to be equal to $72. 000.00 for the purpose of paying the !,',',','. ~':~'~' costs of the Project. A portion of the proceeds received by the Issuer '"" ~--' .. c.~ in an amount estimated not to exceed $1.300.000.00, are reasonably ~ expected to be used to reimburse the Capital E=uiDment Fund from which ,,,"'~"'""~.~i such capital expenditures are expected to be made for the Project . b~---~'~"-~'~,,B,. .~_~ ~"- . ..... ~:.~;" .-~- Section 3. The Issuer intends that this Resolution satisfy the ~.~. official intent requirement s.t forth in Section 1.103-18 of the ..... I' ev . ce. ',,, .,.~! The Issuer has no funds or sources of funds, other than the proceeds of b.zi,..l..~,-~ ,,,,. ~.?~ the debt to be incurred, which the Issuer has or reasonably expects to ~!~'~'i be reserved, allocated on a long-term basis, or otherwise set aside in the Issuer's budget or other financial policies with respect to the ~:i~':. expenditures to be reimbursed. ~,:',: ,, ...~ ~ ,'-' ..,, ~ ~l...': ,. /. ~'-'-~ Section 4. Ail costs to be reimbursed pursuant hereto will be '";'"'"--= capital expenditures within the meaning of Section 1.103-18(c) (2) (iii) -~_... -.'......i...~.j... of the Treasury Regulations. None of the expenditures to be reimbursed .. ..... :"/ .,,.~,.,.,. pursuant to this Resolution have been allocated to expenditures entered ~'.,,,]~ on the books and records of the Issuer earlier than the date on which ~.~_,.~ such expenditures are paid. Moreover, no debt obligations will be · · _. , . . ~({ "..~' issued by the Issuer in furtherance of th~s Resolution after a date '/~".'% ~:,~ ~ Section 5. ~sons~ ~ ma~nwa~ned p ' ' o ' p ' y ,p ~../'~ in accordance with the provisions of Article 6252-17a, Vernon s Texas ~'~.~ %'~ Civil Statute, and that no later than 30 days after th~s date, th~s ~ Resolution will be made available for inspection by all m~ers of the ,,1~i~ ~eneral p~lic at the offices of the Issuer. - .~ :~. {.~, .~ Section 6. Th~s Resolution shall be l~berally const~ed to _..-,'~ %':~c~ evidence the intent of the Issuer to co~ly with state and federal ,..;:~.~ income tax law in the issuance of tax exert obligations for the .... ~-- Project ~:; :.-.~...~ ~.i: f~- ' ".J. 7;~ , .. .. · ,,'~'~ ~.~,. ~; ' . ,' ~ -...".% ..... :.~. ....... ~ ~'.~,,. .,,,. ~ ..- -.~ .,,~.~ ~..". .... ;.i~t'~ ~.'~· PASSED ~D APPROVED THIS DAY OF ~, 1995. ~': ~ ATTEST: , . .