Reso 1646 06/2023RESOLUTION NO. 1646
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
DECLARING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS
WHEREAS, the Vallecitos Water District (the "Issuer"), a public agency duly organized
and existing under and by virtue of the laws of the State of California, desires to finance the
costs of certain capital improvements as provided in Exhibit A attached hereto and incorporated
herein (the "Project");
WHEREAS, the Issuer intends to finance the Project or portions of the Project with the
proceeds of obligations the interest upon which is excluded from gross income for federal
income tax purposes (the "Obligations"); and
WHEREAS, prior to the incurrence of the Obligations the Issuer desires to incur certain
expenditures with respect to the Project from available monies of the Issuer which expenditures
are desired to be reimbursed by the Issuer from a portion of the proceeds of the sale of the
Obligations;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos
Water District as follows:
Section 1. The Board of Directors of the Vallecitos Water District finds and determines
that the foregoing recitals are true and correct.
Section 2. The Issuer hereby states its intention and reasonably expects to reimburse
Project costs incurred prior to the incurrence of the Obligations with proceeds of the
Obligations. Exhibit A describes either the general character, type, purpose, and function of
the Project, or the fund or account from which Project costs are to be paid and the general
functional purpose of the fund or account.
Section 3. The reasonably expected maximum principal amount of the Obligations is
$145,806,000. The amount of proceeds of the Obligations reasonably expected to be allocated
to expenditures to reimburse expenditures incurred prior to the issuance of the Obligations is
$145,806,000.
Section 4. This Resolution is being adopted not later than 60 days after the date (the
"Expenditures Date or Dates") that the Issuer will expend monies for the portion of the Project
costs to be reimbursed from proceeds of the Obligations.
Section 5. Except as described below, the expected date of issue of the Obligations will
be within eighteen months of the later of the Expenditure Date or Dates and the date the Project
is placed in service; provided, the reimbursement may not be made more than three years after
the original expenditure is paid. For Obligations subject to the small issuer exception of Section
148(f)(4)(D) of the Internal Revenue Code, the "eighteen -month limit" of the previous sentence
is changed to "three years" and the limitation of the previous sentence beginning with
provided, ... " is not applicable.
Section 6. Proceeds of the Obligations to be used to reimburse for Project costs are not
expected to be used, within one year of reimbursement, directly or indirectly to pay debt service
Resolution No. 1646 Page 2
with respect to any obligation (other than to pay current debt service coming due within the
next succeeding one year period on any tax exempt obligation of the Issuer (other than the
Obligations)) or to be held as a reasonably required reserve or replacement fund with respect
to an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse
any expenditure that was originally paid with the proceeds of any obligation, or to replace funds
that are or will be used in such manner.
Section 7. This Resolution is consistent with the budgetary and financial circumstances
of the Issuer, as of the date hereof. No monies from sources other than the Obligation issue
are, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise
set aside by the Issuer (or any related party) pursuant to their budget or financial policies with
respect to the Project costs.
Section 8. The limitations described in Section 3 and Section 4 do not apply to (a) costs
of issuance of the Obligations, (b) an amount not in excess of the lesser of $100,000 or five
percent (5%) of the proceeds of the Obligations, or (c) any preliminary expenditures, such as
architectural, engineering, surveying, soil testing, and similar costs other than land acquisition,
site preparation, and similar costs incident to commencement of construction, not in excess of
twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project
for which the preliminary expenditures were incurred.
Section 9. This Resolution is adopted as official action of the Issuer in order to comply
with Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service
relating to the qualification for reimbursement of Issuer expenditures incurred prior to the date
of issue of the Obligations, is part of the Issuer's official proceedings, and will be available for
inspection by the general public at the main administrative office of the Issuer. This declaration
does not bind the District to make any expenditure, incur any indebtedness, or proceed with
the projects.
This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a regular meeting held on this 7th day of June, 2023, by the following roll call
vote:
AYES: BOYD-HODGSON, ELITHARP, GROSET, HERNANDEZ, PENNOCK
NOES:
ABSENT:
ABSTAIN:
im Herna dez, resident
Board of 'rectors
Vallecitos Water District
ATTEST:
Glenn Pruim, Secretary
Board of Directors
Vallecitos Water District
EXHIBIT A
DESCRIPTION OF PROJECT
Capital improvements to the District's water and wastewater systems including,
but not limited to, the projects identified in the Comprehensive Project List included on
pages 35 and 36 of the approved Budget for Fiscal Year 2023-24.