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HomeMy WebLinkAbout2011-008 Federal Income Tax RegulationsRESOLUTION NO. Og A RESOLUTION OF THE CITY OF CHUBBUCK, BANNOCK COUNTY, IDAHO, EXPRESSING OFFICIAL INTENT, PURSUANT TO SECTION 1.150-2 OF THE FEDERAL INCOME TAX REGULATIONS, TO REIMBURSE THE CITY FROM THE PROCEEDS OF REVENUE BONDS OF THE CITY FOR CERTAIN EXPENSES TO BE PAID FROM FUNDS OF THE CITY PENDING THE ISSUANCE OF BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the' City of Chubbuck, Bannock County, Idaho (the "City"), on November 23, 2010, determined that the expenditure of an amount not to -'exceed $2,000,000 for the acquisition of water rights was an ordinary and necessary expense of the City and such expenditure should be financed by the sale of water revenue bonds to finance the costs of making this improvement to the domestic water system (the "Bonds"); and WHEREAS, such determination was validated by the District Court of the Sixth Judicial District of the State of Idaho in Case No. 10-52530C; and WHEREAS, it is the intent of the City to pay certain expenditures incident to the acquisition of the water rights to be financed by the proceeds of the water revenue bonds from other funds of the City pending the sale and delivery of the bonds and the receipt of the proceeds thereof, and to reimburse the funds of the City from the proceeds of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK, Bannock County, Idaho, as follows: Section 1: The City Council reasonably expects to reimburse the expenditures described herein with the proceeds of the Water Revenue Bonds, in the principal amount of approximately $2,000,000 (hereinafter, the "Water Reimbursement Bonds"), anticipated to be issued, sold, and delivered no later than April 30, 2012. Section 2: This declaration of official intention is made pursuant to Section 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury. Page 1 LIM& Richard Morgan From: Stephanie J. Bonney [SJB@msbtlaw.com] Sent: Monday, May 23, 2011 10:52 AM To: Steve Smart Cc: Thomas Holmes; Richard Morgan Subject: Intent Resolution Attachments: intent resolution.doc Steve, I spoke with Bill Jerrel and he mentioned that he thought the City either had or needed to expend its own money for expenses in relation to the acquisition of water rights and then wanted to be reimbursed upon the sale of the bonds. If so, the City needs to adopt the attached resolution. By IRS rules, in order for the City to be reimbursed, it has to declare its intention to do so. The City Council just needs to adopt the attached resolution at its next meeting. Please let me know if you have questions. Stephanie J Bonney Moore Smith Buxton & Turcke, Chartered 950 West Bannock Street, Suite 520 Boise, ID 83702 208-331-1800 (voice) 208-331-1202 (fax) sjb@msbtlaw.com www.msbtlaw.com This communication contains proprietary business information and may contain confidential information. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately destroy, discard, or erase this information. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax -related matter(s) addressed herein. Section 3: The maximum principal amount of Water Reimbursement Bonds expected to be issued is $2,000,000. Section 4: The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of the Water Reimbursement Bonds are for certain preliminary expenses that are necessary for the acquisition of water rights. Section 5: The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of the Reimbursement Bonds will be made from the General Fund of the City. Section 6: The City intends to issue its Water Reimbursement Bonds within one year of the date such capital expenditures described herein are paid or placed in service. Section 7: The city will allocate the Water Reimbursement Bond proceeds to the expenditures described herein. DATED this day of June, 2011. ATTEST: City Clerk Page I CITY OF CHUBBUCK Bannock County, Idaho BV A mayor