1732RECITALS:
RESOLUTION NO.1732
A RESOLUTION OFTHE CITY OF MOSES LAKE,GRANT COUNTY, WASHING
TON,DESIGNATING AN OFFICIAL RESPONSIBLE FOR DECLARING OFFICIAL
INTENTTO REIMBURSE CAPITAL EXPENDITURESWITHTAX EXEMPT BONDS
AND/OR LEASE-PURCHASE FINANCING WITHIN THE MEANING OF TREA
SURY REGULATION §1.103-18
t j 1.The City of Moses Lake,Grant County,Washington,(the "City")is an optional municipal code city,
v--'duly organized and existing under and by virtue of the Constitution and laws of the State of Washing
ton.
2.Title 35A RCW authorizes the City to issuetax-exempt bonds orenterintolease-purchase financing
to acquire,construct, renovate,and install improvements to its facilities and forother City purposes.
3. To the extent the Cityintends to issue tax-exempt bonds orenter intolease-purchase arrangements
to financethe City'sexpenditures,TreasuryRegulation §1.103-18,whichwas promulgated underthe
Internal Revenue Code of 1986, as amended, requires that the City declare its official intent to
reimburse itself withbond or lease-purchase proceeds prior to making capital expendituresthat will
be reimbursed by future bond or lease-purchase proceeds.
4. The Cityand itstaxpayers substantially benefit fromthe City's ability to issue tax-exempt bonds or
enter into lease-purchase financing because the interest charged on tax-exempt obligations is less
than the interest charged on comparable taxable obligations.
5. The Councilof the City (the "Council")finds it necessary and desirableto designate an official of the
City to declare the City's "official intent'to reimburse itselfwith bond or lease-purchase proceeds,
within the meaning of Treasury Regulation § 1.103-18.
RESOLVED AND ORDERED:
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1. The Council hereby designates Joseph K.Gavinski,the City Manager of the City (the "Designated
Official"),to declare the City's "official intent"to reimburse certain capital expenditures with future
bond or lease-purchase proceeds within the meaning of Treasury Regulation§1.103-18.
2. The Designated Official is hereby authorized to execute a Declarationof Official Intent on behalf of
the City, in substantially the form attached hereto as Exhibit "A",for each project where the City
intends to internallyfinance the costs and expenses of such project and thereafter issue bonds or
enter into lease-purchase financingto reimburse itselffor such expenditures (a"Declaration of Official
Intent").
3. Each Declarationof Official Intent shall (i)state that itis a declaration of officialintent underTreasury
Regulations §1.103-18,m (ii)describe the fund or account fromwhich the expenditure(s)will be paid,
(iii)describethe purpose ofthe expenditure(s),and (iv)state the maximum principal amount of bonds
or lease-purchase financing the City reasonably expects to issue for the purpose of reimbursing the
City.
4. Within thirty days after a Declarationof Official Intent is made,the Designated Official shall make the
Declaration of Official Intent available for public inspection at the Finance Director's office until the
time that bonds are issued to reimburse the City for such expenditure(s).
5. The Designated Official shall receive no compensation for serving as the City's Designated Official
hereunder.
6. The Council hereby reserves the rightto re-designate its Designated Official from time to time, and
at any time.
7. This resolution shall become effective immediately upon its adoption by the Council.
M Adopted by the City Council on February 9,1993.
ATTEST
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Form of Official Intent for Expenditures to be Reimbursed
Through Future Bond Issues or Lease-Purchase Financing
Declaration of Intent
The undersigned,a person designated bythe City of Moses Lake,Grant County,Washington (the "City")
to declareofficial intenton behalfofthe City,bythisdeclaration(the "Declaration")intendsto declare official
intent (within the meaningofTreasury Regulation §1.103-18)on behalfofthe City.
The City reasonably expects that it will [acquire][construct][renovate]
'(the "Property").
The Cityreasonably expects that itwill reimbursethe expenditures ofthe property by issuingdept or lease-
purchase agreements (the "Bonds" or "Lease-Purchase Financing").It is reasonably expected that the
maximum principal amount of the portion of the Bonds or Lease-Purchase Financing to be issued to
reimburse the Cityforexpenditures relating tothe property will be$. Theexpenditures
shall be made from the ,2 and shall be for [acquiring][constructing][renovating]the
property.
Requirements for Treatment as a Reimbursement
The City understands and is aware that in order for the cost of the property to be reimbursed from the
proceeds ofthe Bonds or Lease-PurchaseFinancing, a number offederal tax law requirements must be met.
These requirements include the following:
1.The Declaration must be consistentwith the budgetary and financial circumstances of the City as of
the date hereof (that is,the Citycannot properly reimburse an expenditure forwhich funds (other than
the proceeds of the Bonds or Lease-Purchase Financing),as of the date hereof,are or are expected
to be,allocated on a long-term basis,reserved,or otherwise set aside by the City or any member of
the same controlled group pursuant to their budget or financial policies).
2. The Declaration must be made before the expenditure to be reimbursed is paid. In the case of
expenditures that were not foreseeable more than 30 days before payment,the Declaration may be
made within 45 days of the date the payment is made.In the case of preliminary expenditure
(architectural,engineering,surveying, soiltesting,and similar costs incurred priorto commencement
of construction,rehabilitation,oracquisition)totheextent not in excess of20 percentof the expected
cost of the property to be financed with the Bonds or Lease-Purchasing Financing,no Declaration
need be made.
3. The "reimbursement allocation" must occur after the expenditure is incurred and not later than the
later of (a) the date one year after the expenditure is incurred,and (b) the date one year after the
property is placed in service. A "reimbursement allocation"must be evidenced on the City's books
and records for the Bonds or Lease-Purchase Financing, must specifically identify an actual prior
expenditure to be reimbursed, and must be effective to remove the allocated bond proceeds from
any restrictions imposed on proceeds ofthe Bonds or Lease-Purchase Financing under applicable
state law and under the legal documents for the Bonds or Lease-Purchase Financing.
4. The reimbursement proceeds of the Bonds or Lease-Purchase Financing may not be used (directly
or indirectly): (a) withinone year of the date of the reimbursement allocation to refund other bonds,
(b) withinone year of the date of the reimbursement allocation as part of a "sinking fund"for other
bonds ofthe City,(c)within one year ofthe date ofthe reimbursementallocationas part ofa reserve
or replacement fund forany ofthe City's bonds; or (d)to reimburse an expenditure already financed
with proceeds of any obligation of the City or any member of the same controlled group.These
restrictions do not apply ifthe City uses the reimbursement bond proceeds as part of a bona fide
debt service fund or ifused withinone year to pay debt service on any of the City's bonds (other
than the Bonds). Areimbursement allocationwill not result inan expenditure forfederal income tax
purposes ifthe allocation is pat of an artificeor device to avoid the arbitrage restrictions.
5. The expenditures to be reimbursed must be capital expenditures for federal tax purposes (that is,
costs that are properly chargeable to capital account or that would be so chargeable witha proper
election) or costs of issuingthe Bonds or Lease-Purchase Financing.
'Insert a general functional description ofthe property,project orprogram (e.g.,highway capital improvement program,
school building renovation) or a description of the fund from which the expenditure is being paid and the functional purpose of
that fund. Do not be overly specific,since any change in the propertythat is not a "reasonable deviation"cannot be reimbursed.
'Inserta description of the fund oraccount from which the expenditure(s)will be made.
Attachment A
TO RESOLUTION 1732
Within 30 days of the date hereof,this Declaration must be made available for public inspectionat
the main administrative officeof the Cityorat the customary location of the City's publicly available
records. The Declaration will remainavailablefor public inspection until the date of issuance of the
Bonds or Lease-Purchase Financing.In the alternative,this requirement may be satisfied through
compliancewiththe applicablestate orlocal lawgoverningthe publicavailability of recordsof official
acts of the City.
Dated:
CITY OF MOSES LAKE >A
Grant County,Washington !
By
Joseph K.Gavinski,City Manager
Attachment A
TO RESOLUTION 1732
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