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CC Resolution 8624 RESOLUTION NO. 8624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF T AX-EXEMPT OBLIGATIONS AND DIRECTING CERTAIN ACTIONS WHEREAS, the City Council of the City of Campbell (the "City") is proposing to loan monies to the Redevelopment Agency of the City of Campbell (the "Agency") for the purpose of purchasing real property located within the City of Campbell which is formerly known as the Winchester Drive-In and located at 535 Westchester Drive, Campbell, California (the "Property"); and WHEREAS, the City expects that the Agency and/or the City will expend monies in anticipation of purchasing the Property and in connection with conforming the Property to the anticipated uses of the City and/or the Agency (the "Project"); and WHEREAS, the City intends to issue, or cause the Agency to issue, tax-exempt obligations (the "Obligations") for the purpose, among other things, ofreimbursing the City for the amounts to be loaned to the Agency for the purchase of the Property and the City and/or the Agency for amounts expended in connection with the purchase of the Property and the acquisition and construction of the Project; and WHEREAS, United States Income Tax Regulations section 1.103-18 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt 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; NOW, THEREFORE, BE IT RESOLVED that the Campbell City Council DECLARES and ORDERS as follows: I. The City intends to issue, or cause the Agency to issue, the Obligations for the purpose of paying the costs of financing the purchase of the Property and the acquisition and construction of the Project. 2. The City hereby declares that it reasonably expects that a portion of the proceeds of the Obligations will be used for reimbursement of expenditures for the purchase of the Property and the acquisition and construction of the Project that are paid before the date of initial execution and delivery of the Obligations. 3. The maximum amount of proceeds of the Obligations to be used for reimbursement of expenditures for the purchase of the Property and the acquisition and construction of the Project that are paid before the date of initial execution and delivery of the Obligations is $10,000,000. 4. The foregoing declaration is consistent with the budgetary and financial circumstances of the City in that there are no funds (other than proceeds of the Obligations) that are reasonably expected to be (i) reserved, (ii) allocated or (iii) otherwise set aside, on a long-term basis, by or on behalf of the City or any entity controlled by the City, for the expenditures for the purchase of the Property and the acquisition and construction of the Project that are expected to be reimbursed from the proceeds of the Obligations. 5. Within not more than thirty (30) days following the date of adoption of this Resolution, the City Clerk of the City is directed to make this Resolution available to the public at the customary location of public records of the City. The City Clerk of the City is hereby further directed to assure such public availability until the date of initial execution and delivery of the Obligations. 6. This resolution is a declaration of official intent under Income Tax Regulations section 1.103-18. * * * * * PASSED AND ADOPTED this 15th by the following roll call vote: day of March , 1994, AYES: NOES: Councilmembers: Conant, Ashworth, Burr, Dougherty, Watson Councilmembers: None ABSENT: Councilmembers: None ATTEST: APPROVED: '1 /.~.~.;..----<-~ Of w. ~. ~ ~ eanette Watson, Mayor ~~~L~b~,tt~l~~k' -2-