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HomeMy WebLinkAbout2005-12-20; Public Financing Authority; 12; Golf Course Reimbursement Resolutionn a a a 2 0 F 0 w 6 a .. a e 2 3 0 0 AB## 12 MTG. 12-20-05 DEPT. CM CARLSBAD PUBLIC FINANCING AUTHORITY - AGENDA BILL 1 - TITLE: DEPT. HD. CITY MGR CARLSBAD MUNICIPAL GOLF COURSE REIMBURSEMENT RESOLUTION RECOMMENDED ACTION: ADOPT RESOLUTION NO. 16 declaring the Authority’s intention to reimburse expenditures for a municipal golf course from the proceeds of bonds. ITEM EXPLANATION: In August 2005, the Board of the Carlsbad Public Financing Authority authorized the execution of three contracts to construct a municipal golf course. The funding source for the golf course is to come from approximately $30 million advanced from the City of Carlsbad’s General Fund and approximately $1 5 million in tax-exempt bonds. Construction began in September and is expected to continue until the opening of the golf course in spring/summer 2007. It is expected that the bonds will be issued in the summer/fall of 2006. The advances from the City to the Authority will be used to pay the construction costs prior to the bond issuance. In order to be able to use tax-exempt bond proceeds to reimburse the Authority for the construction costs incurred on the golf course, the Authority must adopt a resolution stating its intent to do so. The attached resolutions declare the Authority’s intent to use the bonds to reimburse themselves for a portion of the construction costs. FISCAL IMPACT: The reimbursement resolution allows the Authority to reimburse itself for payments for the acquisition and construction of the golf course with tax-exempt bonds, if needed. It does not alter any of the costs or plans for the financing of the golf course as described in previous agenda bills. EXHIBITS: 1. Resolution No. 16 declaring intention to reimburse expenditures from the proceeds of bonds. DEPARTMENT CONTACT: Lisa Hildabrand, (760) 434-2823, Ihild@ci.carlsbad.ca.us Exhibit 1 RESOLUTION NO. 16 A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CARLSBAD PUBLIC FINANCING AUTHORITY WH€R€AS, the Carlsbad Public Financing Authority (the “Authority”) proposes to undertake the project referenced below, to issue lease revenue bonds or certificates of participation (in either case, referred to herein as the “Bonds”) for such project, and to use a portion of the proceeds of such Bonds to reimburse expenditures made for the project prior to the issuance of the Bonds; WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt Bonds are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such Bonds unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and WHEREAS, it is in the public interest and for the public benefit that the Authority declares its official intent to reimburse the expenditures referenced herein. Ill1 //// ///I //// //// //// //// NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Public Financing Authority as follows: I. The Authority intends to issue the Bonds or cause the Bonds to be issued for the purpose of paying the costs of acquiring and constructing a municipal golf course in Carlsbad (the "Project"). 2. The Authority hereby declares that it reasonably expects (i) to pay a portion of the costs of the Project prior to the date of issuance of the Bonds, and (ii) to use a portion of the proceeds of the Bonds for reimbursement of expenditures for the Project that are paid before the date of issuance of the Bonds. 3. The principal amount of the Bonds is expected to be approximately $15,000,000. PASSED AND ADOPTED by the Board of Directors of the Carlsbad Public Financing Authority at a duly held regular meeting thisZ!hday of December, 2005, by the following vote: AYES: Board Members Lewis, Hall, NOES: None ABSENT: Board Member Kulchin Carlsbad Public Financing Authority Attest: 2 3