HomeMy WebLinkAboutresolution.council.029-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
WITH RESPECT TO PITKIN MESA IMPROVEMENT DISTRICT DECLARING ITS
OFFICIAL INTENT TO REIMBURSE ITSELF WITH PROCEEDS OF A FUTURE
TAXABLE OR TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL
EXPENDITURES TO BE UNDERTAKEN BY THE CITY AND/OR THE DISTRICT
FOR WHICH MONEYS HAVE NOT BEEN, AND ARE NOT REASONABLY
EXPECTED TO BE, ALLOCATED ON A LONG-TERMBASIS TO SUCH CAPITAL
EXPENDITURES; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE
FUNDS TO BE USED FOR SUCH PAYMENT; PROVIDING FOR THE
AVAILABILITY OF THIS RESOLUTION TO THE PUBLIC; AND PROVIDING
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, Pitkin Mesa Improvement District (the "District")
has been established as a local improvement within the City iof
Aspen, Colorado (the "City") with requisite power to construct
certain capital projects within the boundaries of the District;
and
WHEREAS, the City Council has determined that the incurring
of certain capital expenditures described in this Resolution!is
necessary and desirable in the District; and
WHEREAS, such capital expenditures are to be initially
financed with moneys that are not, and are not reasonably expected
to be, allocated to such capital expenditures on a long-term basis;
and
WHEREAS, the City acting through the District currently
intends and reasonably expects to participate in a taxable or tax-
exempt borrowing to finance such capital expenditures, including
an amount not to exceed $52,000 for reimbursing the City for such
capital expenditures, within one year of the date of such capital
expenditures or the placing in service of such capital projects,
whichever is later; and
WHEREAS, the City Council hereby desires to declare its
official intent, pursuant to 26 C.F.R. §1.103-18, to reimburse the
City and the District for such capital expenditures with the
proceeds of future taxable or tax-exempt borrowing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
1. The city and the District presently intend and reasonably
expect to finance certain street improvements within the District
(the "Project") with moneys currently contained in the City's
General Fund, which funds have not ~een, and are not reasonably
expected to be, allocated to the Project or budgeted to ibe
available for such capital expenditures and are not available!to
finance such capital expenditures on a long-term basis.
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2. The City and/or the District presently intend and
reasonably expect to participate in a taxable or tax-exempt
borrowing within one year of the date of the expenditure of moneys
on the Project or the date upon which the Project is placedlin
servicer whichever is later, and to allocate an amount not ito
exceed $52,000 of the proceeds thereof to reimburse the City for
its expenditures in connection with the Project.
3. This Resolution shall be continuously available for
inspection by the general public at the main administrative office
of the city during normal business hours on every business day for
the period beginning not more than 30 days after the date hereof
until the date of the issuance of a taxable or tax-exempt
borrowing, the proceeds of which will be used to reimburse the City
for its expenditure of funds on the Project.
4. That all prior acts and doings of the officers, agents
and employees of the City or the District which are in conformity
with the purposes and intent of this Resolution, and in furtherance
of the Project, shall be and the same hereby are in all respects
ratified, approved and confirmed.
5. If any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this Resolution.
6. All bylaws, orders and resolutions, or parts thereof,
inconsistent herewith are hereby repealed to the extent onlyiof
such inconsistency. This repealer shall not be construed ~as
reviving any bylaw, order or resolution or part thereof.
7. This Resolution shall be in full force and effect upon
its passage and approval.
Adopted this 13th day of April 1992.
[SEAL] ~ CITY OF ASPEN, COLORADO
By
Attest: Mayor