HomeMy WebLinkAboutResolution 2023-121 Declaring Official Intent to be Reimbursed in Connection with Certain Capital Expenditures Related to Community Center Capital Improvement Project MARANA RESOLUTION NO. 2023-121
RELATING TO FINANCE; DECLARING, FOR PURPOSES OF SECTION 1.150-2 OF
THE FEDERAL TREASURY REGULATIONS,OFFICIAL INTENT TO BE REIMBURSED
IN CONNECTION WITH CERTAIN CAPITAL EXPENDITURES RELATING TO A
TOWN COMMUNITY CENTER CAPITAL IMPROVEMENT PROJECT
WHEREAS the Town of Marana is authorized and empowered pursuant to law
to issue or cause to be issued obligations to finance the costs of various capital facilities
owned or to be owned by the Town; and
WHEREAS it is contemplated that certain expenditures made by the Town with
regard to capital facilities owned or to be owned by the Town with regard to a Town
community center (the "Project") will be reimbursed from the proceeds of the sale of
obligations to be issued in the future by or on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Definitions. The following terms shall have the meanings assigned
thereto as follows:
"official intent" means a declaration of intent of the Town to reimburse an origi-
nal expenditure with proceeds of an obligation;
"original expenditure" means an expenditure for a governmental purpose that is
originally paid from a source other than a reimbursement bond; and
"reimbursement bond" means the portion of an issue of obligations allocated to
reimburse an original expenditure that was paid before the issue date of such issue.
SECTION 2. Official Intent. This Resolution is official intent relating to reim-
bursement for the original expenditures for the Project which are capital expenditures
(being any cost of a type that is properly chargeable to a capital account (or would be so
chargeable with a proper election) under general federal income tax principles) made
within sixty (60) days before and any time after the date of this Resolution. The maxi-
mum principal amount of obligations (including the reimbursement bonds for such
purposes) to be issued for the Project is expected not to exceed $51,145,080.
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Resolution No.2023-121
SECTION 3. Reasonableness of Official Intent. On the date of this Resolution,
the Mayor and Common Council of the Town have a reasonable expectation (being that
a prudent person in the same circumstances would have based on all the objective facts
and circumstances) that the Town will reimburse such original expenditures with pro-
ceeds of such obligations.
SECTION 4. Reimbursement Period. With certain exceptions, an allocation in
writing that evidences use of proceeds of the reimbursement bonds to reimburse the
original expenditures shall be made not later than 18 months after the later of (i) the
date that the original expenditure is paid, or (ii) the date the project is placed in service
or abandoned, but in no event more than 3 years after the original expenditure is paid.
SECTION 5. Public Record. This Resolution shall be included as of the date
hereof in the publicly available official records of the Town,such records being main-
tained and supervised by the Town Clerk,being the main administrative office of the
Town, and shall remain available for public inspection on a reasonable basis.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 5th day of December, 2023.
Mayor Ed Honea
ATTEST: APPRO D AS TO FORM:
David L. Udall, Town Clerk Jan irall, Town Attorney
hAARANA AZ
ESTABLISHED 1977
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Resolution No.2023-121