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R-9070 e . CA:f:\atty\muni\laws\mox\reimburs.1 city Council Meeting 7-23-96 Santa Monica, California RESOLUTION NO. 9070 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE CITY' S INTENTION' TO REIKBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BB ISSUED BY THB CITY AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the city of Santa Monica (the "city") desires to finance the acquisition and construction of a public safety bui lding and certain parking, street, utility and other improvements related thereto (the nProjectn)j WHEREAS, the city may use a portion of the proceeds of obligations issued or incurred to implement the financing (the "Obligations") to reimburse expenditures made to pay costs of acquiring, constructing and financing the Project prior to the issuance or incurrence of the Obligationsj WHEREAS, United States Income Tax Regulations Section 1.150-2 provides generally that proceeds of tax-exempt obligations are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such obligations unless certain procedures are followed, among which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer must declare an intention to reimburse such expenditure; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein; e . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AS FOLLOWS: SECTION 1. The City intends to issue or incur the Obligations for the purpose of paying the costs of acquiring, constructing and financing the Project. SECTION 2. The City hereby declares that it reasonably expects (i) to pay certain costs of the Project prior to the date of issuance or incurring of the Obligations and (ii) to use a portion of the proceeds of the obligations for reimbursement of expenditures for the Project that are paid before the date of issuance or incurring of the Obligations. SECTION 3. The maximum principal amount of the Obligations is TWENTY-NINE MILLION FIVE HUNDRED THOUSAND DOLLARS ($29,500,000.00). SECTION 4. The city Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 1M",ILA_l~~~ MARSHA JON~ MOUTRIE . City Attorney 2 . . Adopted and approved thIS 23th of July, 1996 ~~ Mayor I hereby certIfy that the foregomg ResolutIOn 9070 (CCS) was duly adopted at a meetmg ofthe CIty Connell held on the 23th of July, 1996 by the followmg vote Ayes Councllmembers Abdo, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIlmembers None Abstam Connellmembers None Absent: Councllmembers Ebner ATTEST "- ~~.~nJ- CIty Clerk