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HomeMy WebLinkAboutR - 2022-23 - Resolutions - Dec Intent Reimb Certain Expenditures of Indebtededness DECLARATION OF OFFICIAL INTENT R— 2022 - 23 OF CITY OF SOUTH BURLINGTON TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the City of South Burlington, Vermont (the "Issuer") intends to improve the City's wastewater collection and treatment system by making capital improvements to its Bartlett Bay Wastewater Treatment Plant, replacing four wastewater pump stations and installing a clarifier at its Airport Parkway Wastewater Treatment plant (the "Project") at a cost not to exceed Thirty-Three Million Eight Hundred Thirty-Three Thousand and 00/100 Dollars ($33,833,000); and WHEREAS the Issuer expects to pay certain capital expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS the Issuer reasonably expects that for that part of the Project consisting of Project management and construction costs, debt obligations in an amount not expected to exceed Thirty-Three Million Eight Hundred Thirty-Three Thousand and 00/100 Dollars ($33,833,000) will be issued, and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS the Issuer declares its reasonable official intent to reimburse prior expenditures for the above-described part of the Project with proceeds of a subsequent borrowing: NOW THEREFORE, the Issuer declares: Section 1. The Issuer finds and determines that the foregoing recitals are true and correct, and that all of the capital expenditures covered by this Resolution were or will be made no earlier than 60 days prior to the date of this Resolution. Section 2. This declaration is made solely for the purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures within 18 months of either the date of the first expenditure of funds by Issuer for such Project or the date that such Project is placed in service, whichever is later (but in no event more than three years after the date of the original expenditure of Issuer funds for such Project), and to allocate an amount not to exceed $1,000,000.00 of the proceeds thereof to reimburse itself for its expenditures in connection with the Project. Section 4. The Issuer's debt obligations for the aforementioned purpose will not be "private activity bonds" within the meaning of Section 141 of the Internal Revenue Code of 1986. Section 5. All prior actions of the officials and agents of Issuer that are in conformity with the purpose and intent of this Resolution and in furtherance of the Project shall be and the same hereby are in all respects ratified, approved and confirmed. Section 6. All other resolutions of the legislative body of the Issuer, or parts of resolutions, inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. Section 7. It is hereby found that all discussions and deliberations of the legislative body of the Issuer leading to the adoption of this Resolution occurred at one or more meetings of the legislative body conducted pursuant to public notice and open to public attendance. Section 8. This declaration shall take effect upon its adoption. CITY OF SOUTH BURLINGTON CITY COUNCIL /Q 1+c- /A /9 /? 2 • Helen Riehle, Chair Meaghan mery, Vice Chair (. 0-Thi4 Tim Barritt Tom Chittenden Matt Cota The undersigned, Clerk of the Issuer, hereby certifies that the foregoing is a full, true and correct copy of the declaration of the legislative body of said Issuer duly made at a meeting thereof held on the date, specified below, and that said declaration was not amended, modified or revoked. DATE: ��'�`0,e.r Zc�, 7_c7Z Donna Kinville, City Clerk SON22-004 NoticeDeclarelntent 2022 22-12-11 BONDS.docx