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HomeMy WebLinkAboutOCSD 08-18 RESOLUTION NO. OCSD 08-18 DECLARATION OF OFFICIAL INTENT TO REIMBURSE CERTAIN OF THE DISTRICT'S CAPITAL RESERVE FUNDS FOR EXPENDITURES MADE IN ADVANCE FOR FISCAL YEAR 2008-09 AND FISCAL YEAR 2009-10 CAPITAL IMPROVEMENT PROJECTS FROM PROCEEDS OF A FUTURE LONG-TERM FINANCING A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT AUTHORIZING FUTURE CAPITAL EXPENDITURES TO BE REIMBURSED FROM FUTURE LONG-TERM FINANCING WHEREAS, the Board of Directors, by adoption of Resolution No. 94-81 on July 13, 1994; Resolution No. 97-28 on July 30, 1997; Resolution No. OCSD 98-32 on July 1, 1998; Resolution No. OCSD 99-08 on June 23, 1999; Resolution No. 00-15 on July 19, 2000; Resolution No. OCSD 01-17 on August 22, 2001; Resolution No. OCSD 02-20 on October 23, 2002; Resolution No. OCSD 05-28 on December 21, 2005; and Resolution No. 07-12 on June 27, 2007 previously declared its official intent to reimburse its then existing capital reserve funds and accounts for certain expenditures made in advance of and in anticipation of issuing indebtedness for capital improvements to be acquired, constructed, or paid for, by or on behalf of the District during the Fiscal Year; and, WHEREAS, the District ("Issuer") intends to acquire and/or construct, or otherwise improve, certain capital improvements during Fiscal Year 2008-09 and Fiscal Year 2009-10, and later, all as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (the "Project"); and, WHEREAS, Issuer expects to pay certain 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; and, WHEREAS, the Issuer reasonably expects that the debt obligations, in an amount not to exceed $200 million, will be issued, and that certain of the proceeds of such debt obligations will be used to reimburse the Issuer for Reimbursement Expenditures. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the Issuer finds and determines that the foregoing Recitals are true and correct. Section 2: That this Declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the U.S. Treasury Regulations. This Resolution Declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3: That the Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for the Reimbursement Expenditures. PASSED AND ADOPTED at a regular meeting of the Board of Directors held October 22, 2008. . &- 9 Chair ATTEST: Clerk of t& Board