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<br />OHIO PUBLIC WORKS COMMISSION <br />INSTRUCTIONS FOR DECLARING OFFICIAL INTENT <br />(Applicable to Loans only) <br />(January 1, 1997) <br />The attached resolution will allow the OPWC and local subdivision to comply with regulations passed <br />by the Internal Revenue Service. These regulations apply to the proceeds of tax exempt debt, which is the <br />funding source for your loan. The "Offidal Intent" simply means that at the time the local subdivision makes <br />a payment for construction related project costs from its own funds, the local subdivision intends to seek <br />reimbursement for those costs from the OPWC. Before passing the resolution, please keep in mind the <br />following: <br />1). A Declaration of Official Intent is required only if the Local subdivision is planning to seek <br />reimbursement from the OPWC for project costs already incurred and paid by the local <br />subdivision. Payments by the OPWC for in-kind and force account work is considered a <br />reimbursement. To avoid this procedure, we encourage the local subdivision to request that <br />payments be made directly to the firm performing the work, or to have in-kind and force <br />account work credited towards the local share. If the local subdivision plans to have the OPWC <br />pay contractors directly, no action is required. <br />2). A Declaration of Official Intent must be adopted not later than 60 days after the date of <br />construction related project costs for which the local subdivision will seek reimbursement from <br />the OPWC. <br />3). Preliminary Expenditures including engineering, survey, soil testing and similar expenditures <br />are not subject to the offidal intent requirement and can be reimbursed without necessity for any <br />declaration of offidal intent. <br />4). The reimbursement by the OPWC must occur within 18 months after the later of (A) the date <br />the project costs are paid by the local subdivision; or (B) the date the project is placed in service <br />or abandoned, but in no event more than 3 years after the project costs are paid by the local <br />subdivision. <br />5). If these procedures are not followed, the OPWC may be prevented from disbursing any funds <br />for your project. <br />61. Please complete the sections that are either bolded or underlined. A few comments on some of <br />the sections are provided. <br />Section 1 <br />For this section, enter the name of the local government i.e. City of Dayton. Enter the name of the fund <br />that will be reimbursed by the OPWC. Describe the project that is being funded. <br />Section 3 <br />Estimate the maximum amount you expect to receive from the OPWC in the form of a reimbursement. <br />For example, if you have a loan for 5100,000 and you expect the entire loan balance to be paid directly to the - _ <br />local subdivision as a reimbursement, use $100,000 for this section. If only a part of the loan will be a <br />reimbursement, for example, if the local subdivision plans to seek reimbursement for In-Kind/Force Account, <br />estimate the amount and use it for this section. <br />