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<br />adoption of a requirement or policy to reimburse a fund, the <br />primary purpose of which is to prevent moneys from being avail- <br />able to pay an expenditure the City intends to reimburse with <br />proceeds of a borrowing. <br /> <br />5. This resolution is intended to constitute a declaration <br />of official intent for purposes of Tres. Reg 1.103-18 and any <br />successor law, regulation, or ruling. <br /> <br />6. The allocation of proceeds of the bonds to be issued to <br />any Project expenditures described in Exhibit A will be made not <br />later than the later of one year after the expenditure was paid <br />or one year after the property was placed in service. <br /> <br />7. The Project expenditures described in Exhibit A are <br />capital expenditures as defined in Tres. Reg. 1.lS0-1(h), in- <br />cluding costs of issuance of the bonds to be issued in order to <br />reimburse the Project expenditures. <br /> <br />8. Proceeds of the bonds issued to reimburse the Project <br />expenditures described in Exhibit A will be deemed spent only <br />when (1) an allocation entry is made on the books or records of <br />the City with respect to the bonds; (2) the entry identifies an <br />actual expenditure to be reimbursed, or where the Project is <br />described as a fund or account, the fund or account from which <br />the expenditure was paid; and (3) the allocation is effective <br />to relieve the bond proceeds from restrictions on unspent pro- <br />ceeds under applicable documents and state laws. <br /> <br />9. No entity or entities possess simultaneously two or more <br />of the following discretionary and non-ministerial powers with <br />respect to the City: power to (1) remove without cause a con- <br />trolling portion of the City Council; (2) select, approve, or <br />disapprove a controlling portion of the City Council; (3) deter- <br />mine the City's budget or require the use of the City's funds or <br />assets for the other entity's purpose; or (4) approve, disap- <br />prove, or prevent the issuance of debt obligations of the City. <br /> <br />10. None of the proceeds of the bonds issued to reimburse the <br />City for the Project expenditures described in Exhibit A will be <br />used within one year of the allocation (i) to refund another <br />governmental obligation of (ii) to create or increase the balance <br />in a sinking fund or replace funds used for such purpose, or <br />(iii) to create or increase the balance in a reserve or replace- <br />ment fund or replace funds used for such purposes; or will be <br />used at any time to reimburse any person or City obligation <br />(excluding a City inter-fund borrowing); unless (i) such amounts <br />are deposited in a bona fide debt service or are used to pay debt <br />service in the next one-year period on any City obligation other <br />than the reimbursement bond, or (ii) the original issue was not <br />reasonably expected to be used to finance the expenditure. <br /> <br />2 <br />