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HomeMy WebLinkAbout2024-24 TPFA Resolution RESOLUTION NO. TPFA 2024-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY REGARDING INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS WHEREAS,the Temecula Public Financing Authority(the"Authority")is a joint exercise of powers authority duly created and existing under the laws of the State of California; and WHEREAS, the Authority desires to finance the costs of acquiring, constructing and installing certain public facilities and improvements for the benefit of the City, as provided in Exhibit A attached hereto and incorporated herein(the "Project"); and WHEREAS,the Authority intends to finance the acquisition,construction and installation of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS, the Authority desires to pay certain costs with respect to the Project from available money of the Authority, including but not limited to reserves held by the Authority, prior to the issuance of the Obligations and to reimburse the Authority for such costs from a portion of the proceeds of the sale of the Obligations; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW: Section 1. Each of the above recitals is true and correct. Section 2. The Authority reasonably expects, and hereby states its intention, to reimburse itself for Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either the general character, type, purpose and function of the Project. Section 3. The reasonably expected maximum principal amount of the Obligations that is anticipated to be used for such reimbursement is $10,000,000. Section 4. Except as described in Section 8 below,this resolution is being adopted not later than 60 days after the payment of the original expenditures (the "Expenditures Date or Dates"). Section 5. Except as described in Section 8 below, the expected date of issue of the Obligations will be within 18 months of the later of: (a) the Expenditure Date or Dates; or (b) the date that the Project is placed in service; provided that the reimbursement may not be made more than three years after the Expenditure Date or Dates. Section 6. Proceeds of the Obligations to be used to reimburse the Authority or the City of Temecula (the "City") for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation(other than to pay current debt service coming due within the next succeeding one year period on any tax- exempt obligation of the Authority (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Authority or any entity related in any manner to the Authority, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. Section 7. This Resolution is consistent with the budgetary and financial circumstances of the Authority and the City as of the date hereof. No moneys from sources other than the Obligations are, or are reasonably expected to be,reserved, allocated on a long-term basis or otherwise set aside by the Authority (or any related party) pursuant to their budget or financial policies with respect to the Project costs. To the best of our knowledge,this Board of Directors is not aware of the previous adoption of official intents by the Authority that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 8. The limitations that are described in Sections 4 and 5 above do not apply to: (a) costs of issuance of the Obligations; (b) an amount not in excess of the lesser of$100,000 or five percent(5%) of the proceeds of the Obligations; or(c) any preliminary expenditures, such as architectural,engineering,surveying, soil testing,and similar costs other than land acquisition, site 111 preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred. Section 9. This resolution is adopted as official action of the Authority in order to comply with Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Authority expenditures incurred prior to the date of issue of the Obligations, is part of the Authority's official proceedings, and will be available for inspection by the general public at the main administrative office of the Authority. Section 10. This Resolution shall take effect immediately upon its adoption. • PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 12th day of November, 2024. C James Stewart, Chair ATTES Randi Jo , ecretary [SEAL] 3 EXHIBIT A The City of Temecula's Capital Improvement Program(CIP) includes a variety of projects for the acquisition,design, construction, improvement and replacement of City infrastructure, technology, equipment, and facilities. Capital projects eligible for reimbursement may include, without limitation,the following: - Community Recreation Center(CRC) Renovations - Butterfield Stage Road Separated Bike Lanes - Fire Station No. 73 Gym/Garage - Ronald Reagan Sports Park Skate Park