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03-32 ~ ~ RESOLUTION NO. 03-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING THE CITY'S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDE CERTAIN OTHER MATTERS IN CONNECTIOIN THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the city of Clearwater, Florida (the "Issuer") has determined that the need exists to acquire certain items of equipment during the 2003-2004, 2004-2005, and 2005-2006 fiscal years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the acquisition of equipment as set forth in the Issuer's 2003-2004, 2004-2005, and 2005-2006 fiscal year budgets, as amended and supplemented from time to time (the "Project"). The Issuer intends on acquiring each item of equipment constituting a portion of the Project with funds then on deposit in the Issuer's bank account, and within a reasonable time thereafter refinancing such purchases within lease purchase financing with Sun Trust Leasing Corporation pursuant to a master lease purchase agreement. It is not reasonably expected that the total amount of the Project will exceed $18,000,000. This resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If anyone or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision herein and the remaining provisions shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolution or orders and parts therof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. Resolution No 03-32 '~ SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption this 18th day of September 2003. Brian J. Aungs Mayor-Comm' sioner Approved as to form: paff~{in City Attorney Attest: ~.~ 2 Resolution No. 03-32