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1994 033 Ordinance
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1994 033 Ordinance
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Last modified
11/19/2018 4:00:51 PM
Creation date
8/22/2018 10:34:26 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
033
Date
6/20/1994
Year
1994
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(Rev. 6/93) <br />INSTRUCTIONS <br />for <br />DECLARATION OF OFFICIAL INTENT <br />For Reimbursement From Tax-Exempt Bonds/Notes <br />PURPOSE <br />The form to which these instructions pertain is intended for use under Treasury Regulations § 1.150-2 <br />(the Regulations) in order that an ezpenditure that is paid with moneys temporarily advanced from other funds and <br />is reasonably ezpected to be reimbursed from proceeds of subsequently issued notes or bonds may qualify for such <br />reimbursement. Failure to comply can result in serious consequences. With certain ezceptions for qualified <br />"preliminary ezpenditures" and cenain de minimis expenditures, a Declaration of Official Intent must be made not <br />later than 60 days after payment ofthe capital ezpenditure ezpected to be reimbursed from proceeds of <br />obligations. The "reasonable ezpectation" test will be failed if the Issuer merely sys[ematically makes the <br />declaration for all ezpenditures or m ezaggerated amounts regardless of real ezpectations. In general "capital <br />ezpendirures" include (subject to any more resuictive state law) any costs related to the acquisition or construction <br />of land or interests in real estate, buildings, structures, additions thereto, or ocher permanent improvements, and <br />restoration or betterments made to increase the value of property or substantially prolong its useful life, and also <br />of machinery, equipment, furniture and fiatures having a useful life of at least one year or such longer period as is <br />required by applicable state law. Costs of issuance also are capital expenditures for this puzpose. Certain other <br />ezpenditures also qualify for reimbursement. The Regulations do not apply to and this form is not to be used in <br />conneccion with use of proceeds of obligations to finance expenditures pazd on or after the date of issuance of the <br />obligations, and this form generally does not apply to obligations for the refinancing of eztemal borrowings <br />(tazable or tax-ezempt) such as by issuance of renewal notes or refunding bonds. <br />INSTRUCTIONS <br />These instructions aze based on the Regulations published in The Federal Re¢ister on June 18, 1993. <br />The instructions refer to the particular lines on che form of Declazation o ici tent. <br />Line 1. Insert the expected mazimum principal amount of obligations expected to be issued for the <br />project wit?pect to which the capital expenditures to be reimbursed relate. The amount entered on line 1. <br />should include the maaimum principal amount of all obligations to be issued for the project, (i.e., obligations to <br />be issued for reimbursement of prior ezpenditures and obligations to finance ezpenditures to be paid on or after <br />the date of issuance of the obligations). A"project?ncludes any property, project, or program (e.g., highway <br />capital improvement program, hospital equipment acquisition, or school building renovation). <br />Line 2. The general description of the capital ezpenditures to be reimbursed may be set forth in oae of <br />two ways -= eiLher (A) by a functional description of the properry, project or program for which the ezpenditure is <br />made -- <br />Examples- "highway capital improvement program"; "street and bridge improvemencs"; "hospital <br />equipment acquisition"; "school buildings renovation"; - -- <br />or (B) by identification of the fund or accouat from which the money will be advanced to pay the ezpenditures <br />Tac will be reimbursed subsequently from borrowed money, and a statement of the general functional purpose of <br />that fund or account -- <br />Example-- " azks and recreation fund, the general functional purpose of which fund or account is <br />recreational aciliN capital improvement program". <br />The (B) option, concerning identification and description of the fund can be used where [he fund purpose, in <br />effect, describes the generic purpose of the project, pmperty or program, such as a waterworks improvement for <br />which money is advanced from the water utilitv fund. If the money is to be advanced from a general purpose <br />fund such as the general fund or a capital improvements fund which is available for any rype of capital <br />improvemen[, use option (A) by stating the generic function of the project, progerty or improvement. <br />501(c Or anizations. If the reimbursement obligations will constitute qualified 501(c)(3) bonds, the <br />proceeds ot whic wi e Loaned to a 501(c)(3) organization, the 501(c)(3) organization, can make the <br />Declaration with respect to its ezpenditures and its name can be inserted on the "Name of Issuer" line, and its <br />officer can sign the Declaration. Accordingly, in these Instructions, "Issuer" means the issuer of the <br />reimbursement bonds, except thaz in the case of a"loan" of proceeds of the bonds to a 501(c)(3) organization for <br />which che 501(c)(3) organization has elected to make the Declaration, "Issuer" means the 501(c)(3) organization.
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