(a) Definitions. The following definitions apply to the terms used in this section:
(1) "Authorized officer" means the City Manager or the Director of Finance.
(2) "Bonds" means and includes bonds, notes, certificates and other obligations included in the meaning of "bonds" under Section 150 of the Internal Revenue Code of 1986, as amended.
(3) "City" means the City of Vandalia, Ohio, the issuer of the bonds and reimbursement bonds.
(4) "Declaration of official intent" means a declaration of intent, in the form, manner and time contemplated in the Reimbursement Regulations, that the advances for expenditures referred to in the declaration are reasonably expected to be reimbursed from the proceeds of reimbursement bonds to be issued after those expenditures are paid.
(5) "Project" means:
A. Constructing, equipping, furnishing and otherwise improving the Municipal Justice Center;
B. Renovating, remodeling, equipping, furnishing and otherwise improving the Municipal Building;
C. Constructing, equipping, furnishing and otherwise improving a Municipal recreation facility, all together with the necessary appurtenances thereto and acquiring real property and interests therein in connection therewith; and
D. Any other capital expenditure, (and including but not limited to costs of issuing reimbursement bonds) that the City Manager or Director of Finance determines may be appropriate for the issuance of tax exempt reimbursement bonds.
(6) "Reimbursement" or "reimburse" means the restoration to the City of money temporarily advanced from its other funds and spent for capital expenditures (and certain other types of expenditures qualifying under the Reimbursement Regulations, including any issuance costs for reimbursement bonds) before the issuance of the reimbursement bonds, evidenced in writing by an allocation on the books and records of the City that shows the use of the proceeds of the reimbursement bonds to restore the money advanced for the original expenditure. "Reimbursement" or "reimburse" generally does not include the refunding or retiring of bonds previously issued and sold to, or borrowings from, unrelated entities.
(7) "Reimbursement bonds" means bonds the proceeds of which are to be used for reimbursement of capital or other qualifying expenditures paid before the issuance of the bonds.
(8) "Reimbursement Regulations" means Treasury Regulations Section 1.150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as at the time applicable, prescribing conditions under which the proceeds of reimbursement bonds, when allocated or applied to a reimbursement, will be treated as expended for all or any purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986, as amended.
(b) Authorization and Requirement of Declarations of Official Intent. Each authorized officer is authorized to prepare and sign declarations of official intent with respect to capital and other expenditures for the project to which the Reimbursement Regulations apply (including any costs of issuance of the reimbursement bonds), to be made from money temporarily available, and which are reasonably expected to be reimbursed (in accordance with applicable authorizations, policies and practices) from the proceeds of reimbursement bonds; to make appropriate reimbursements and timely allocations from the proceeds of the reimbursement bonds to reimburse such prior expenditures; and to take any other actions as may be appropriate, all at the times and in the manner required under the Reimbursement Regulations, to satisfy the requirements for the reimbursement to be treated as an expenditure of such proceeds for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986, as amended. No advance from any fund or account or order for payment may be made for expenditures (other than expenditures excepted from such requirement under the Reimbursement Regulations) that are to be reimbursed subsequently from proceeds of reimbursement bonds, unless a declaration of official intent with respect thereto is made within the time required by the Reimbursement Regulations. All declarations of official intent heretofore made on behalf of the City are hereby ratified and adopted.
(Ord. 96-06. Passed 4-15-96; Ord. 15-26. Passed 12-21-15.)