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HomeMy WebLinkAboutC.054.93011_0963REIMBURSEMENT RESOLUTION COUNTY OFIREDELL, NORTH CAROLINA RESOLUTION OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL, NORTH CAROLINA DECLARING THE INTENTION OF THE COUNTY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS WHEREAS, the County of Iredell, North Carolina (the 'Issuer) is a political subdivision organized and existing under the laws of the State of North Carolina; and WHEREAS, the Issuer has paid, beginning no earlier than September 2, 2005, and will pay, on and after the date hereof, certain expenditures (the "Expenditures') in connection with the acquisition, construction and equipping of school and community college projects (the "Project'), as more fully described in Exhibit A attached hereto; and WHEREAS, the Board of Commissioners of the Issuer (the "Board') has determined that those moneys previously advanced no more than 60 days prior to the date hereof and to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Issuer for the Expenditures from the proceeds of one or more issues of tax-exempt bonds (the "Bonds'); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS. Section 1. The Board hereby declares the Issuer's intent to reimburse the Issuer with the proceeds of the Bonds for the Expenditures with respect to the Project made on and after September 2, 2005, which date is no more than 60 days prior to the date hereof. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds. Section 2. Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer. Section 3. The maximum principal amount of the Bonds expected to be issued for the Project is $50,630,000. Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid on the date the Project is placed in service or abandoned but in no event more than three years after the date on which the Expenditure is paid The Issuer recognizes that exceptions are available for certain ' preliminmy expenditures, " costs of issuance, certain de minimis amounts, expenditures by `small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five years. Section 5. This resolution shall take effect immediately upon its passage. ADOPTED this P day of November, 2005. DESCRIPTION OF PROJECT 1. School Projects: (a) constructing an elementary school in the Mt. Mourne area, renovating and expanding N.B. Mi11s/Monticello Elementary School, Sharon Elementary School, Troutman Elememmy School, Troutman Middle School Brawley Middle School, North Iredell Middle School, Statesville Middle School, West Iredell Afiddle School Lake Norman High School, Statesville High School, North Iredell High School and West Iredell High School for the Iredell-Statesville Schools Board of Education, including the acquisition of necessary land and equipment, and (b) erecting additional school buildings, remodeling, enlarging and reconstructing existing school 43