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2008-151S.AOur DocumentsVOrdinancesV08\Reimbursement-distribution & electric fact Iitics.doc ORDINANCE NO. zOO~- ~J~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE ELECTRIC FUND WITH UTILITY SYSTEM REVENUE BONDS WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $5,000,000 SO THAT DENTON MUNICIPAL ELECTRIC CAN CONTINUE FUNDING ONGOING CAPITAL EXPENDITURES FOR EXPANSION OF THE DISTRIBUTION AND TRANSMISSION ELECTRIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures related to the ongoing capital expenditures for expansion of the distribution and transmission facilities of Denton Municipal Electric, which was approved in the 2007-2008 Adopted Budget and the 2007-08 Capital Improvement Budget and are described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably, expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $5,000,000 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A", which is made a part of this Ordinance for all purposes as if incorporated word for word herein. SECTION 2. All costs to be reimbursed pursuant hereto will be for the ongoing capital expansion of the distribution and transmission facilities of Denton Municipal Electric as authorized by Section 271.045(a)(1) of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from the Unreserved Fund Balance of the Electric Fund for the Project set forth in Attachment "A" to pay any costs of the Project shall be reimbursed from Utility System Revenue bond proceeds within the 2007-2008 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. S:AOur DocumentsVOrdinancesV08\ReimbursemcnHlistribution & dechie faci Iitics.doc SECTION 4. This Ordinance shall become effective immediately upon its passage and . approval. PASSED AND APPROVED this the day of '2008. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: YAK Page 2 of 2 4 ATTACHMENT A Denton Municipal Electric 2008 Capital Expenditures Projects Categories Projected Reimbursement Allocation Communications $ 275,288 Distribution Transformers 1,034,332 Distribution Feeder & Extension 946,100 Meters 53,783 OH to UG Conversions 364,872 Power Factor Improvements 33,351 New Residential & Commercial 168,273 Hickory Substation Addition 390,000 Woodrow Kings Row 69 KV TM Line 100,000 Fort Worth Substation 900,000 Kendolph System Improvement 2007 No. 5 231,000 NEC Phone System 245,000 Colorado & Loo 288 Improvement 140,000 Teasley Substation 214 Exit Feeder 118,000 TOTAL $ 5,000,000