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06-52 RESOLUTION NO. 06-52 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 Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct capital improvements and expansions to the City's Stormwater Utility System (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its storm water system 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 $9,000,000. 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 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 All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed.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 06-52 I . PASSED AND ADOPTED this 5th day of October ,2006. -=I~ 1/ ~~ ~k V. Hibbard Mayor Approved as to form: Attest: l1~J Pamela K. Akin City Attorney ~t~~~ Cynt a . Goudeau . City Clerk Resolution 06-52