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1994 058 Ordinance
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1994 058 Ordinance
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Last modified
11/19/2018 4:01:13 PM
Creation date
8/22/2018 10:52:01 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
058
Date
12/19/1994
Year
1994
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i. .. <br />(Rev. 6/93) <br />INSTRUCTIONS <br />for <br />DECLARATION OF OFFICIAL IN'TENT <br />For Reimbursement From Tax-Exempt Bonds/Notes <br />PURPOSE <br />The form to which these insuuctions percain is intended for use under Treasury Regulazions § 1.150-2 <br />(the Regulations) in order that an ezpenditure chat is paid wi[h moneys temporarily advanced from ocher funds and <br />is reasonably ezpected to be reimbursed from proceeds of subsequendy issued noces or bonds may qualify for such <br />reimbursement. Failure to comply caa result in serious consequences. With certain eaceptions for qualified <br />'preliminary expenditures" and certain de minimis ezpenditures, a Dectaration of Official Intent must be made not <br />later than 60 days after paymenc of tEe capical ezpenditure expected to be reimbursed from proceeds of <br />obligations. The "reasonable expectation" test will be failed if the Issuer merely syscematically makes the <br />declaration for all ezpenditures or m eaaggerated amounts regardless of real ezpectations. In general "capital <br />ezpendirums" include (subject to anv more resuictive state law) any costs reiated to the acquisition or construction <br />of land or interesu in real estau, buildings, strucnues, additions thereto, or other permanent improvements, and <br />restoration or betterments made co increase the value of properry or substantially prolong its useful life, and also <br />of machinery, equipment, furaiture and fixtures 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 purpose. 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 eapenditures paid on or after the date of issuance of the <br />obligations, and this form generally does noc apply to obligations for the refinancing of external 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 Resister on June 18, 1993. <br />The insuuctions refer to tho particular lines on che form of Deelaration o ici tenc. <br />Line 1. Insert the expected maaimum principal amount of obligations expected to be issued for the <br />project wi respect 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 ezpendicures and obligations to finance expenditures co be paid on or after <br />the date of issuance of the obligations). A'project?ncludes,any properry, project, or program (e.g., highway <br />capital improvemenc program, hospital equipmenc acquisition, or school buflding renovation). <br />Line 2. The general description of the capital ezpenditures to be reimbursed may be set forth in one of <br />two ways -= eiEher (A) by a functional description of the property, project or program for which the ezpenditure is <br />made -- <br />Ezamples- "highway capital improvement program"; "street and bridge improvements"; "hospital <br />equipment acqiusition"; "school buildings renovation"; <br />or (B) by identification of the fund or account from which the money will be advanced to pay the eapenditures <br />i6ac will be reimbursed subsequencly from horrowed money, and a statement of the general functional purpose of <br />that fund or account -- <br />Example-- " azks and recreation fund, the general funetional purpose of which fund or account is <br />recreational aci icv capi[al improvement proeram". <br />The (B) op[ion, concerning identification and description of the fund can be used where the fund purpose, in <br />effect, describes the generic purpose of the project, property or program, such as a waterworks improvement for <br />which money is advanced from the water utility 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 type of capital <br />improvement, use option (A) by stating [he generic function of the project, properry or impmvemenc. <br />501(c) Or anizations. If the reimbursemenc obligations will constirute qualified 501(c)(3) bonds, the <br />proceeds ot whic wil e loaned to a 501(c)(3) organization, the 501(c)(3) organizacion, 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 />reimbursemen[ bonds, ezcept that in the case of a"loan" of proceeds of the bonds to a 501(c)(3) organization for <br />which the 501(c)(3) organization has elected to make the Declaration, "Issuer" means the 501(c)(3) organizacion.
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