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HomeMy Public PortalAboutr 18-096� of #4P P orough of Tartniet, �K- I No. 18-96 Date of Adoptio ft 3, 2018 RESOLUTION AUTHORIZING REIMBURSEMENT OF CPAC EXPENSES WHEREAS, the Borough of Carteret, in the County of Middlesex (the `Borough ") intends to undertake a project consisting of the design, financing and construction of a Performing Arts Center and associated infrastructure in the downtown area of the Borough (the "Project "); and WHEREAS, the Borough may finance the Project, or a portion thereof, with debt obligations of the Borough (the "Project Debt Obligations "), the interest on which may be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code "), on a temporary and/or permanent basis; and WHEREAS, the Borough may pay for certain costs of the Project (the "Project Costs ") prior to the issuance of the Project Debt Obligations with funds of the Borough that are not borrowed funds; and WHEREAS, the Borough desires to preserve its right to treat an allocation of proceeds of the Project Debt Obligations to the reimbursement of Project Costs paid prior to the issuance of the Project Debt Obligations as an expenditure for such Project Costs to be reimbursed for purposes of Sections 103 and 141 through 150, inclusive, of the Code. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Council of Borough of Carteret, in the County of Middlesex and the State of New Jersey, as follows: Section 1. The Borough reasonably expects to reimburse its expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with proceeds of its Project Debt Obligations. Section 2. This resolution is intended to be and hereby is a declaration of the Borough's official intent to reimburse the expenditure of Project Costs paid prior to the issuance of the Project Debt Obligations with the proceeds of a borrowing to be incurred by the Borough, in accordance with Treasury Regulations §150 -2. Section 3. The maximum principal amount of the Project Debt Obligations expected to be issued to finance the Project is, in the aggregate, $10 million dollars. Section 4. The Project Costs to be reimbursed with the proceeds of the Project Debt Obligations will be "capital expenditures" in accordance with the meaning of Section 150 of the Code. Section 5. No reimbursement allocation will employ an "abusive arbitrage device" under Treasury Regulations §1.148 -10 to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Code. The proceeds of the Project Debt Obligations used to reimburse the Borough for Project Costs, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds ", including "sinking funds ", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations §1.148 -1), of the Project Debt Obligations or another issue of debt obligations of the Borough, other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations §1.148-1). NO. 18-96 PAGE Section 6. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than the Project Debt Obligations is paid, or (ii) the date the Project is "placed in service" (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than 3 years after the expenditure is paid. Section 7. This resolution shall take effect immediately. Adopted this 3r day of May, 2018 and certified as a true copy of the original on May 4, 2018. KATHLEEN M. BARNEY, MMC Municipal Clerk CARMELA POGORZELSKI Assistant Municipal RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BE l BD X JG-1AL X DIAZ X XRLN X DIA'Ia= X NAPLES X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council _ 3 2019 CLERK