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HomeMy Public PortalAbout2003.148 (08-06-03)RESOLUTION 1V0: 2003.148 A RESOLUTION OF `I'I~E CITY COiJI~1CIL OF THE CITY OF LYNWOOD AUTHORIZING AND APPROVING THE ALI.OCATION OF UNSPEN7C ~OND PROCEEDS 'I'O BE USED TO ~UND BOTH PREVIOUS EXPENDITURES INCURRED ~OY2 ELIGIBL,E PROJECTS AND TO REDEEM OiJTSTANDING BONDS TO REDUCE THE PRINCIPAL BALANCE." WHEREAS, The Lynwood City Council approved the issuance of a$4.5 million 1995 ~ Water Revenue Bond; and a 1993 $8.6 million Lease Revenue Bond to provide funding for ~ ~ capital improvement projects; and WHEREAS, the Internal Revenue Service and the trust indenture for both Bonds require that Bonds be spent within three years of the date of issuance or be used to redeem the Bonds; and WHEREAS, the 1993 and 1995 Bond proceeds project funds have remaining balances that have resulted in unspent proceeds of $1.9 million m the 1995 Water Revenue Bond and $629,155 in the 1993 Lease Revenue Bond; and WHEREAS, the IRS Code specifies that failure to spend Bond proceeds in the required time period could result in the IRS declaring Prior Bonds to be retroactively taxable, and/or declaring the'City to be an entity whose tax certificates are unreliable, which will preclude access by the City to the tax exempt bond market. WHEREAS, the IRS can initiate. monetary penalties as well as civil proceedings against the City due to unspent proceeds remaining after three years from date of bond issuance; and WHEREAS, remedies exist that pennit the City to substitute other eligible projects for use of bond proceeds and utilize remaining bond proceeds tn redeem outstanding bonds. WHEREAS, a reallocation of funds allows the proceeds of both bond issues to be spent in accordance with the IRS Code. NOW, THEREFORE, the City Council does hereby find, order and resolve as follows: Section 1. That authorization and approval of amendments to the 2003-OS biennial budget to transfer funds from the General fund and Water fund to the 1993 Lease Revenue Bond and 1995 Water Bond to cover costs incurred for projects noted m Section 2. Section 2. That the City Manager or lier designee is authorized to make the following budget amendments: Transfers-Out Transfers-Out Description (City Funds) (Bond Proceeds) Comments 1993 Lease Revenue Bonds: Youth Center Project (5174) ($629,155) $629,155 Removes transfer from Gen Fund (O1) Transfers-Out Transfers-Out Description (City Funds) (Bond Proceeds) Comments ~ 1995 Water itevenue Bond: Water Main Upgrade (5180) ($580,713) LAN Network System (5218) ($113,535) Computerized Billing System ($ 15,774) Water Bonds Totals ($710,022) $580,713 Removes transfer from Wtr. Fund (02) $113,535 Remove transfer from Wtr. Fund (02) $ 15,774 Removes transfer from Wtr. Fund (02) $710,022 Section 3. That the remaining balance of the 1995 Water Revenue Bond of approximately $1.2 million be used to redeem outstanding water bonds, thus reducing the principal amount of the Bond refunding by $1.2 million. Section 4. That this resolutron shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this ~th day of August, 2003. ~~ ~ ' ~ernando Pedro a,1VIayor A1'TESTo ~~ Andrea H. Hooper, City Clerk APPROVED AS TO FORNI: APPI20VED AS TO CON'TENT: ~ J J ~ ~. R~ City Attorney Lorry Hempe, ity Manager STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 6~h day of Au9~s~ 2003. , AYES: COUNCILMCN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSENT: NO~fE ABSTAIN: P10NE Andrea L. Hooper, City C erk S'I'ATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correction copy of Resolution No. ?~n~ _ 14R on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this Fth day of Auc~~~t , 2003. /1 Andrea L. Hooper,~ City Clerk