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09-42 RESOLUTION NO. 09-42 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION 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 construct certain capital improvements to the City's water and sewer system together with engineering work regarding the water and sewer facilities, more particularly describe on Exhibit A attached hereto (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, 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 construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $34,678,500.00. 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 of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. Resolution No. 09-42 PASSED AND ADOPTED this 22nd day of October ,2009. 3'~F.~ Frank V. Hibbard Mayor Approved as to form: ifl, Pame a K. Akin City Attorney Attest: Resolution No. 09-42 CITY OF CLEARWATER Water & Sewer Utility Fund - 421 Projects for 2011 Revenue Bond Reimbursement Resolution 09-42 October 22, 2009 EXHIBIT A Total Water & Sewer Pro"ects Per FY20091nterim Rate Stud Total Projects to be Funded for 10 & 11 FY2010 FY2011 Painting of Facilities 94517 39,000 39,000 Flooring of Facilities 94519 10,130 10,130 City-Wide Aerial Photography 96516 2,000 2,000 Public Utilities Adminstration Building R & R 96523 52,000 26,000 26,000 Odor Control 96615 222,460 72,520 149,940 WWTP Generator Replacement 96619 1,000,000 1,000,000 Sanitary Sewer Extensions 96630 1,000,000 500,000 500,000 Sanitary Utility Relocation 96634 1,213,710 463,710 750,000 Laboratory Upgrade and R & R 96645 117,660 57,960 59,700 Facilities Upgrade & Improvement 96654 1,122,000 622,000 500,000 Water Pollution Control R & R 96664 2,289,260 1,176,030 1,113,230 Sanitary Collection & Transmission R & R 96665 6,633,600 2,868,600 3,765,000 WWTP East Bypass & Northeast Pump 96666 1,548,400 1,548,400 Pollutant Storage Tank R & R - WPC 96670 16,000 7,880 8,120 Pump Station Replacement 96686 3,338,000 1,110,000 2,228,000 WWTP Screw Pump Replacement 96202 302,950 302,950 System R & R Maintenance 96721 50,000 25,000 25,000 Reclaimed Water Distribution System 96739 5,556,290 2,921,470 2,634,820 Water Supply & Treatment 96740 625,000 300,000 325,000 System R & R - Capitalized 96741 1,089,300 850,000 239,300 Line Relocation - Capitalized 96742 2,500,000 400,000 2,100,000 Meter/Backflow Replacement/Change Out 96743 1,300,000 650,000 650,000 System Expansion 96744 500,000 250,000 250,000 Water Service Lines 96752 1,000,000 500,000 500,000 Reverse Osmosis Expansion - Reservoir #1 96764 7,223,250 2,236,250 4,987,000 Reverse Osmosis @ Reservoir #2 96767 2,634,060 1,516,830 1,117,230 Rebate-Well, Lake, Pond Irrigation Abandonment 96768 100,000 50,000 50,000 41 ,485,070 19,465,730 22,019,340